CopyCited 38 times | Published | Court of Appeals for the Eleventh Circuit | 1986 U.S. App. LEXIS 34913
...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....
CopyCited 7 times | Published | District Court, M.D. Florida | 1996 U.S. Dist. LEXIS 17635, 1996 WL 683614
...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....
CopyCited 5 times | Published | Court of Appeals for the Eleventh Circuit | 1986 WL 1167018
...in preventing the landlord from unilaterally bypassing statutory eviction procedures to sustain the instant action. Florida Statutes §
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 §
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 § 89.59(3)(a)....
...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. . Fla.Stat. §
83.51 (1983). . Fla.Stat. §
83.54 (1983)....
CopyCited 2 times | Published | Florida 4th District Court of Appeal | 2008 WL 2038249
...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....
CopyPublished | Court of Appeals for the Eleventh Circuit | 1993 WL 432521
...On October 22, 1990, James was unable to pay the deposit and the City terminated water service for the second time. 3 *1459 On October 26, 1990, appellant filed an action in County Court against her landlord, Jordan, for failure to provide water to a tenant pursuant to Fla.Stat. § 83.54 (1973)....
...City of Clearwater,
805 F.2d 1536, 1540 (11th Cir.1986) (citation omitted) (emphasis added). In reaching this conclusion, the DiMassimo court followed the district court’s reasoning as follows: Depriving a tenant of water services amounts to constructive eviction, which, under §
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 require by § 89.-59(3)(a)....
...or the provision of utility, water, or sewer services, the landlord may thereupon commence eviction proceedings. Nothing in this section shall be construed to prohibit a municipality from discontinuing service to . Id. . Fla.Stat. §§
83.51 (1982),
83.54 (1973) and
83.59 (1982)....
