CopyCited 24 times | Published | Supreme Court of Florida | 33 Fla. L. Weekly Supp. 503, 2008 Fla. LEXIS 1236, 2008 WL 2679160
...rt. In interpreting the county court's vague jurisdictional findings, the circuit court held that (1) even though V-Strategic's complaint was specifically designated and specifically sought ejectment, it functionally sought removal of a tenant under section
83.21, Florida Statutes (2006), rather than ejectment under chapter 66 (despite the fact that the summons and complaint explicitly sought ejectment and never referred to section
83.21); (2) section
83.21 permits resort to the summary procedure provided in section
51.011; and (3) sections
83.21 and
34.011, Florida Statutes (2006), vest county courts with subject-matter jurisdiction to entertain tenant-removal actions....
...rtain an ejectment action. These issues have been consistently overlooked by the appellate courts based on the county court's entry of a default against Pro-Art, which the circuit court and the Fourth District approved based upon sections
51.011 and
83.21, Florida Statutes (2006)....
...ntertain ejectment actions. Furthermore, we conclude that a county court may not consistent with due process-vest itself with subject matter jurisdiction by sua sponte judicially amending an ejectment complaint to state a cause of action under section 83.21, Florida Statutes (2006)....
...These remedies are: first, the historic common-law remedy of ejectment, which the Legislature codified in 1967, see ch. 67-254, § 21, Laws of Fla.; §
66.021, Fla. Stat. (2006); second, an unlawful-detainer action under section
82.04, Florida Statutes (2006); and finally, a tenant-removal action under section
83.21, Florida Statutes (2006)....
...Second, the summary procedure of section
51.011 applies during an unlawful-detainer or tenant-removal action but does not apply during an ejectment action. Compare §
82.04(1), Fla. Stat. (2006) (stating that section
51.011 applies to unlawful-detainer actions), and §
83.21, Fla....
...t the expedited trial. Id. (emphasis supplied). Thus, leave to amend remained in the discretion of the trial court and the defendant was not entitled to an automatic default. In contrast, in Pro-Art, the Fourth District held that sections
51.011 and
83.21, Florida Statutes (2006), eliminate all forms of motion practice and mandate the entry of an instantaneous default without opportunity to be heard if a defendant does not serve a responsive pleading within five days of having received the...
...Section
51.011 simply does not contain any language providing for instantaneous defaults. Any alteration thereof should not be by judicial decision. Neither section
51.011, part I of chapter 83, nor the Rules of Civil Procedure explicitly state that rule 1.500(c) does not apply to section
83.21 tenant-removal actions; therefore, this rule should apply in this context....
CopyCited 12 times | Published | Florida 3rd District Court of Appeal
...ity. The record indicates that County-Wide did have a valid claim for wrongful eviction against defendants/third-party plaintiffs because the purchasers of the apartment complex unlawfully resorted to self-help to remove the machines in violation of Section 83.21, Florida Statutes (1983)....
CopyCited 12 times | Published | Florida 4th District Court of Appeal
...District Court of Appeal of Florida, Fourth District. May 14, 1971. Ted P. Galatis of Galatis, Gorman & Feinstein, Fort Lauderdale, for appellant. Donald L. Burrie, Pompano Beach, for appellees. WALDEN, Judge. This is a landlord tenant case with eviction being sought under the provisions of *796 F.S. 83.21, Laws of 1969, F.S.A....
CopyCited 7 times | Published | Florida 1st District Court of Appeal | 11 Fla. L. Weekly 1461
...landlord's possessory action. We find support in this conclusion by the adoption in 1967 of the summary procedure mechanism (Chapter 67-254, § 7, Laws of Florida, Section
51.011, Florida Statutes), its explicit application to part I of chapter 83 (Section
83.21, Florida Statutes), and other pertinent changes to part I, as well as judicial opinions decided during the past sixteen years construing the statutory amendments....
...In the case at bar the sublessor complied with section
83.05(2)(a) by filing a counterclaim for possession of the leased premises. As such it utilized the summary procedure available to it by chapter 83 and Section
51.011, Florida Statutes. In that section
83.21 requires the landlord to file a complaint for possession of the premises under the circumstances stated, and entitles him to the summary procedure authorized by Section
51.011, Florida Statutes, it necessarily follows that a defendant n...
CopyCited 7 times | Published | Florida 3rd District Court of Appeal | 2001 Fla. App. LEXIS 12127, 2001 WL 984697
...Camena Investments then brought in circuit court the suit against Cross that underlies this appeal. We reject Camena Investments' argument that the county court judgment for eviction constitutes res judicata and bars Cross' counterclaim for damages. Section
83.21, Florida Statutes (1995), provides for actions for the removal of tenants by summary procedure as provided in section
51.011, Florida Statutes (1995)....
CopyCited 3 times | Published | Florida 4th District Court of Appeal
...her demand for jury trial. It is on this point only that we conclude that the Circuit Court, in affirming the judgment of the County Judge's Court, departed from the essential requirements of law. This action for removal of tenant was brought under Section 83.21, F.S.A....
CopyCited 3 times | Published | Florida 4th District Court of Appeal
...The tenant appealed to the circuit court, which affirmed. Although the landlord titled the complaint as an action for ejectment, the circuit court found that the county court correctly looked to the allegations of the complaint and determined that it had subject matter jurisdiction under section 83.21, Florida Statutes (2006), pertaining to the removal of a tenant by a landlord....
CopyCited 3 times | Published | Florida 4th District Court of Appeal | 1999 WL 1191513
...As noted above, appellee Corrigan argued below that there is no right to a jury trial in a summary eviction proceeding under sections
83.20 and
51.011, Florida Statutes. Chapter 83, which governs nonresidential tenancies, is silent as to the right to a jury trial. Section
83.21 provides that the landlord seeking removal of the tenant shall file a complaint and is entitled to the summary procedure set forth in §
51.011....
CopyCited 1 times | Published | District Court of Appeal of Florida | 1959 Fla. App. LEXIS 3104
...The appellee moves to dismiss an appeal from a final judgment of the Civil Court of Record in and for Dade County, Florida, rendered in a statutory landlord and tenant proceeding. The appellee, as plaintiff, brought a petition for removal of tenant under § 83.21, Fla. Stat., F.S.A. Summary proceedings for removal of tenant may be brought in the civil court of record by virtue of § 33.14, Fla. Stat., F.S.A., and these proceedings are conducted in accordance with §§ 83.21-83.27, Fla....
