CopyCited 6 times | Published | Supreme Court of Florida
...ellate capacity passed on the constitutional validity of Chapter 83, Florida Statutes. Jurisdiction vests in this Court pursuant to Article V, Section 3(b)(1), Florida Constitution. [1] *570 Appellants/landlords filed a distress for rent claim under Section 83.11, Florida Statutes (1975), along with an affidavit in support of the claim....
...was its motion for rehearing. Appellee then appealed the entry of the final judgment and the denial of post-judgment motions to the Orange County Circuit Court. That court reversed the trial court's decision and held that Sections
83.08,
83.09, and
83.11-.19, Florida Statutes, were unconstitutional, relying on the United States Supreme Court decision in North Georgia Finishing, Inc....
...We are now asked to consider whether that court erred in declaring sections of Chapter 83 unconstitutional as violative of the due process clause in the United States Constitution. In light of recent judicial treatment regarding prejudgment procedures, we find that the circuit court was correct in ruling that Sections
83.11,
83.12, and
83.14-.19, Florida Statutes, failed to pass constitutional muster....
...Rudy's Farm Company, Fla.,
338 So.2d 1067, we held Chapter 76, Florida Statutes, unconstitutional as violative of due process to the extent it provides for attachment prior to judgment without procedural safeguards mentioned therein. [2] Today, we find that Sections
83.11,
83.12, and
83.14-.19, Florida Statutes, are unconstitutional because they fail to comport with contemporary concepts of due process....
...Under Section
83.12, Florida Statutes, [8] the distress writ is issued by the clerk based upon an unverified complaint without the necessity of a preliminary factual determination as to the validity of the claim. [9] For the reasons stated herein, the judgment of the circuit court declaring Sections
83.11,
83.12 and
83.14-.19, Florida Statutes, unconstitutional is affirmed....
CopyCited 3 times | Published | District Court, S.D. Florida | 1973 U.S. Dist. LEXIS 15163
...d the Clerk to issue a distress writ. The Plaintiff's personal property was then seized pursuant to the Writ of Distress served by the Defendant, Sheriff of Dade County. The issue in this cause is whether the Florida Distress Statutes,
83.08,
83.09,
83.11,
83.12,
83.13,
83.14,
83.15,
83.18 and
83.19, are unconstitutional in that they permit and authorize the taking of property without due process of law....
...und upon or off the premises leased or rented with certain property of the tenant being exempt from distress (F.S.83.09). The statute requires the landlord or his attorney to file a complaint in the proper court of the county where his land lies. (F.S.83.11)....
CopyCited 2 times | Published | United States Bankruptcy Court, S.D. Florida. | 1988 Bankr. LEXIS 685
...he enforcement of their lien. See generally United States v. S.K.A. Assoc., Inc.,
600 F.2d 513 (5th Cir.1979). The surplus, however, is payable to plaintiff. [3] In this State, the landlord's lien is enforceable in a distress action under Fla. Stat. §
83.11 ff....
CopyPublished | Court of Appeals for the Eleventh Circuit
an uninsured motor vehicle. ... Miss.Code Ann. § 83-11-101 (Supp.1982) (Emphasis added). The court in
CopyPublished | District Court of Appeal of Florida | 1958 Fla. App. LEXIS 2854
...was void. The answer to this proposition lies in the fact that distress for rent is a statutory summary proceedings in rem. Section
83.08, Fla.Stat., F.S.A., gives a landlord a statutory lien for rent upon a tenant's property brought upon the land. Section
83.11-19, Fla.Stat., F.S.A., provides the landlord the remedy for perfecting and enforcing a statutory lien for rent....
CopyPublished | Court of Appeals for the Eleventh Circuit
particular body shop for repairs. See Miss. Code Ann. § 83-11-501. The district court dismissed the first
CopyPublished | District Court of Appeal of Florida | 1966 Fla. App. LEXIS 5649
...inding upon all the claimants. The next point raised by the appellant is that no valid judgment was entered on the landlord’s distraint because the Taft Street Shopping Center failed to file an amended bond and therefore did not comply with F.S.A. § 83.11....
...Shopping Center even though it took action to enforce a portion of its lien. Lovett v. Lee, supra. The fact that bond was not filed covering the rent due in addition to the amount claimed in the distress proceeding is also immaterial in that F.S.A. § 83.11 required the posting of bond payable to the defendant, in this case Silver Drug, and it alone can object to such failure....
CopyPublished | Supreme Court of Florida | 17 Fla. L. Weekly Supp. 353, 1992 Fla. LEXIS 1028, 1992 WL 125114
...ia was also in breach of a letter agreement dated October 24, 1989, under which it owed an additional $17,306 in accrued rent delinquency. After an ex parte hearing, also on May 16, 1990, the trial court issued the distress writ pursuant to sections
83.11 and
83.12, Florida Statutes (1989)....
...e case under the statute. The court went on to conclude that the statute fails to require that the judge make an impartial factual determination as mandated by Phillips v. Guin & Hunt, Inc.,
344 So.2d 568 (Fla.1977). In Phillips we held sections
83.11,
83.12 and
83.14-.19, Florida Statutes (1975), unconstitutional as violative of the Due Process Clause in the United States Constitution....
...a prompt hearing on the merits, though not necessarily a predeprivation hearing.
344 So.2d at 571 . In 1980, the legislature amended the distress for rent statute in an attempt to comply with the due process requirements as set forth in Phillips, 2 Section
83.11 was amended to require that the complaint be verified and that it allege the name and relationship of the defendant to the plaintiff and how the obligation arose, 3 and section
83.12 was amended to require that the distress writ be issued by a judge as opposed to a clerk of court....
...The complaint shall be verified and shall allege the name and relationship of the defendant to the plaintiff, how the obligation for rent arose, the amount or quality and value of the rent due for such land, or the advances, and whether payable in money, an agricultural product, or any other thing of value. § 83.11, Fla.Stat....
CopyPublished | District Court of Appeal of Florida | 1975 Fla. App. LEXIS 13568
...an additional agreed upon charge would become effective. On June 21, 1974, appellee filed a complaint in the circuit court alleging breach of the agreement, asserting a landlord’s lien for arrearages to May 1, 1974 and seeking distress pursuant to § 83.11 et seq., F.S.1973....
...afore-quoted *216 provision of that order which amended the amount of the final-judgment so as to include rental due between the date of that final judgment and the date of sale. Since the airport authority opted for distress proceedings pursuant to § 83.11, supra, its remedies are limited to the provisions thereof....
CopyPublished | District Court of Appeal of Florida | 1968 Fla. App. LEXIS 5858
...lance of the lease to become due at once. The rent having been accelerated and therefore due and payable, we are squarely faced with the question of whether the entire sum or only the back rent is a proper subject for distress proceedings under F.S. Section 83.11, F.S.A.1965, which in pertinent part states: “Any person to whom any rent or money for advances may be due, his agent or attorney, executor or administrator, may make and file in the court in the county where the land lies, having jur...
