CopyPublished | District Court of Appeal of Florida | 1983 Fla. App. LEXIS 22759
...State,
436 So.2d 93 (Fla. 1983). Accordingly, we accept the petition and quash the opinion of the circuit court. The issue in this case is whether it is necessary to serve a tenant with both a five day and a twenty day summons in a proceeding brought pursuant to section
83.625, Florida Statutes (1981), in order to obtain a judgment which both evicts the tenant and awards money damages for past due rent....
...dress. On March 26, 1982, twenty-one days after service of process on the Hubbses, Stein filed a motion for default on the damage count of her complaint, which was entered by the clerk. On April 16, 1982, Stein moved for entry of the final judgment. Section 83.625 provides: Power to award possession and enter money judgment....
...In this case, although a five day summons was served on the Hubbs, Stein did not seek a default judgment until after twenty days following service of process; and Stein’s motion for final judgment was filed forty-two days after service of process. The only limitation on money judgments in section 83.625 applicable in this case is that they cannot be entered earlier than twenty days after service of process....
