KOSOY KENDALL ASSOCIATES, LLC. v. LOS LATINOS RESTAURANT INC.

No. 3D09-1289.

10 So.3d 1168 (2009)

KOSOY KENDALL ASSOCIATES, LLC, a Florida Limited Liability Company, Petitioner, v. LOS LATINOS RESTAURANT INC., a Florida Corporation f/k/a Tropico Restaurant, Inc., et al., Respondents.

District Court of Appeal of Florida, Third District.

May 27, 2009.


Attorney(s) appearing for the Case

McDonald Hopkins and Duncan J. Farmer and Alan M. Burger, West Palm Beach, for petitioner.

Hyman Spector & Mars and Michael L. Hyman and Marc A. Smiley, Miami, for respondent, Los Latinos Restaurant, Inc.

Before SHEPHERD and SUAREZ, JJ., and SCHWARTZ, Senior Judge.


SCHWARTZ, Senior Judge.

Upon the lessee's failure to timely deposit a monthly rental payment into the registry as required by court order1 under section 83.232, Florida Statute, the petitioner—landlord was absolutely entitled to an ex parte, immediate default for a writ of possession of the premises by section 83.232(5), Florida Statute.2 See Key Largo Watersports, Inc. v. Whitehurst Family P'ship...

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