SOUTHLAND CORPORATION v. SMITH

No. 82-1305.

426 So.2d 1182 (1983)

The SOUTHLAND CORPORATION, ETC., Petitioner, v. David W. SMITH, Respondent.

District Court of Appeal of Florida, Fifth District.

February 9, 1983.


Attorney(s) appearing for the Case

Stanton C. Brown of Maguire, Voorhis & Wells, P.A., Orlando, for petitioner.

Richard W. Taylor of Taylor & Early, P.A., DeLand, for respondent.


COWART, Judge.

From our review of the record, we conclude that the circuit court departed from the essential requirements of law and deprived petitioner of due process when, on appeal, it reversed the decision of the county court in a landlord and tenant case and entered judgment for the landlord without remanding the cause to the county court to give the tenant an opportunity to present an equitable defense1 as to the forfeiture of the...

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