CopyCited 24 times | Published | Supreme Court of Florida | 33 Fla. L. Weekly Supp. 503, 2008 Fla. LEXIS 1236, 2008 WL 2679160
...ion under chapter 83, Florida Statutes, it would have been required to plead separate counts for possession and damages, and the damages count would have been subject to the general Rules of Civil Procedure in their entirety, not section
51.011. See §
83.231, Fla....
CopyCited 8 times | Published | Florida 5th District Court of Appeal | 1995 WL 18386
...Lewis Enterprises Corp. v. Smith,
445 So.2d 1032, 1035 (Fla. 5th DCA 1984). After awarding possession to United, the lower court should have tried all remaining issues before entering a final judgment. REVERSED and REMANDED. COBB and W. SHARP, JJ., concur. NOTES [1] Section
83.231 provides:
83.231 Removal of tenant; judgment....
CopyCited 7 times | Published | Florida 3rd District Court of Appeal | 1993 WL 458949
...Before NESBITT, JORGENSON and GERSTEN, JJ. PER CURIAM. Byte International Corporation (Byte) appeals an award of attorney's fees and costs to the Maurice Gusman Residuary Trust in an action by the Gusman Trust, acting as landlord, to recover possession against the tenant Byte pursuant to section 83.231, Florida Statutes (1991)....
...Byte challenges the award of attorney's fees and costs on the ground that the statute, in derogation of the common law, does not authorize attorney's fees unless both possession and money damages are awarded. We agree with the trial *192 judge's ruling, and affirm the award of attorney's fees and costs. Section 83.231 provides in part: If the issues are found for plaintiff, judgment shall be entered that he recover possession of the premises....
...f real property and not also recovering money damages. Such a construction is entirely in accord with the legislative history of the enactment of this particular statute. The debate before the Florida House of Representatives on the final passage of section 83.231, Florida Statutes (1991) reflects this construction: Representative Renke: Under Section 1 on page 2 of the bill, the Florida Statute 83.231 provides that "the plaintiff in the judgment for possession and money damages may also be awarded attorney's fees and costs." Is the intent of that to allow the plaintiff to recover attorney fees in the case where he only goes for a judgment o...
CopyPublished | Florida 4th District Court of Appeal
...a meeting of the minds sufficient to create a lease for a term of years, so
that the tenancy created was month-to-month.
In that appeal, the lessor, Investments SWK, LLC, moved for prevailing
party attorney’s fees pursuant to Florida Rule of Appellate Procedure
9.400(b) and section 83.231, Florida Statutes (2022). We deny the motion
for attorney’s fees because the lessor’s motion does not identify the legal
basis for a fee award.
Section 83.231 governs the removal of tenant and judgment in
nonresidential eviction cases and states:
If the issues are found for plaintiff, judgment shall be entered
that plaintiff recover possession of the premises....
...Where otherwise
authorized by law, the plaintiff in the judgment for possession
and money damages may also be awarded attorney’s fees and
costs. If the issues are found for defendant, judgment shall
be entered dismissing the action.
§ 83.231, Fla. Stat. (2022) (emphasis added).
Unlike the fee statute governing residential tenancies, 1 section 83.231
does not create a prevailing party’s right to recover fees in a commercial
tenancy....
...The language “[w]here otherwise authorized by law” indicates
that there can be no award of attorneys’ fees without some additional legal
basis for such an award. The lessor fails to identify any additional
authority authorizing attorney’s fees and relies solely on Rule 9.400 and
section
83.231 in its motion.
Accordingly, we deny the lessor’s motion for appellate attorney’s fees.
See Fla. Dep’t of Health & Rehab. Servs. v. Morse,
708 So. 2d 640, 641–42
(Fla. 3d DCA 1998) (reversing attorney’s fees awarded to landlord and
noting that even if section
83.231 applied, fees under section
83.231 could
be awarded only “where otherwise authorized by law,” and the landlord did
not suggest any other authorization to the court warranting prevailing
party attorney’s fees in that case); Nuñez v....
CopyPublished | District Court of Appeal of Florida | 1993 Fla. App. LEXIS 6076, 1993 WL 186543
...tenant, shall file a complaint stating the facts which authorize the removal of the tenant, and describing the premises in the proper court of the county where the premises are situated and is entitled to the summary procedure provided in §
51.011. Section
83.231, Removal of tenant; judgment: If the issues are found for plaintiff, judgment shall be entered that he recover possession of the premises....
CopyPublished | Florida 4th District Court of Appeal | 1995 Fla. App. LEXIS 438, 1995 WL 25767
...At the conclusion of the bench trial, the trial court entered an involuntary dismissal in favor of the tenant. The landlord appealed. The appellate court disposed of the appeal by reversing for a new trial. It then granted unconditionally a motion for attorney’s fees which the landlord had filed, citing section 83.231, Florida Statutes (1993)....
