Florida/Georgia Personal Injury & Workers Compensation

...preventing the landlord from unilaterally bypassing statutory eviction procedures to sustain the instant action. Florida Statutes Sec. 83.59(3)(a) provides that a landlord may only recover possession of a leasehold through proper legal proceedings. Section 83.54, mentioned earlier, declares that "[a]ny right or duty declared in this part is enforceable by civil action." Depriving a tenant of water services amounts to constructive eviction, which, under Sec. 83.54, a tenant would be entitled to halt in a suit to enjoin the landlord from taking possession by means other than the eviction proceedings required by Sec....

...In a footnote the district judge speculated that such a right might have arisen under the facts presented but did not cite this speculation as grounds for his decision. By virtue of the results reached in this opinion, we find it unnecessary to resolve this theoretical argument 3 Fla.Stat. Sec. 83.51 (1983) 4 Fla.Stat. Sec. 83.54 (1983) 5 The City has at all times maintained that it is required to show no more than a "rational" relationship....

...is improper. See Greason 891 F.2d at 840. In addressing this Court's findings of immunity for the deputies, this Court notes that granting immunity is not the same as a finding of no constitutional violation. This Court did, however, note that F.S. § 83.54 was "not so clearly established so as to preclude an otherwise reasonable sheriff deputy from entering upon the premises and conducting himself in a similar manner as did the Defendant Deputies." (Docket No....

leasehold through proper legal proceedings. Section 83.54, mentioned earlier, declares that “[a]ny right

...ble for the rent as it comes due. Section 83.47(1)(a) provides that a "provision in a rental agreement is void and unenforceable to the extent that it . . . [p]urports to waive or preclude the rights, remedies, or requirements set forth" in the Act. Section 83.54 states that "[a]ny right or duty declared" in the Act "is enforceable by civil action." An action seeking injunctive relief is one type of "civil action." See Fla....

...It is for the legislature, and not the courts, to expand section 83.595 remedies. [2] We find no abuse of discretion in the court's entry of an injunction under section 501.211(1), Florida Statutes (2007). We note that an injunction would also have been proper under section 83.54....

provide water to a tenant pursuant to Fla.Stat. § 83.54 (1973). In that case, the judge ordered Jordan