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BRASSERIA LA CAPANNINA, INC. v. GOODMAN

No. 90-2042.

579 So.2d 193 (1991)

BRASSERIA LA CAPANNINA, INC. and Vita Murphy, Appellants, v. Murphy H. GOODMAN, Appellee.

District Court of Appeal of Florida, Fourth District.

Rehearing and Rehearing Denied June 6, 1991.

Attorney(s) appearing for the Case

Jack Scarola of Searcy, Denney, Scarola, Barnhart & Shipley, P.A., West Palm Beach, and Russell S. Bohn of Edna L. Caruso, P.A., West Palm Beach, for appellants.

David R. Atkinson, Jr., of Gunster, Yoakley & Stewart, P.A., West Palm Beach, for appellee.

Rehearing and Rehearing En Banc Denied June 6, 1991.

PER CURIAM.

Appellants/Defendants/Brasseria La Capannina, Inc. and Vita Murphy (Tenants) appeal an interlocutory order denying Tenants' Motion to Dissolve a Distress Writ. We reverse.

We agree with the Tenants' assertion that the distress for rent statute, section 83.12, Florida Statutes, is facially unconstitutional. The statute violates due process because the issuance of the distress writ is a...

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