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STETSON MANAGEMENT v. FIDDLER'S ELBOW, INC.

Nos. 2D08-4285, 2D09-959.

18 So.3d 717 (2009)

STETSON MANAGEMENT CO., INC., d/b/a Stetson Management of Massachusetts; Franchise Associates, Inc.; Brownlee Reagan; and HMH Restaurants, LLC, Appellants, v. FIDDLER'S ELBOW, INC., Appellee.

District Court of Appeal of Florida, Second District.

October 2, 2009.

Attorney(s) appearing for the Case

Raymond T. Elligett, Jr., of Buell & Elligett, P.A., Tampa, and Terrance P. McNamara and Laurie H. McNamara of McNamara Law Firm, P.A., St. Pete Beach, for Appellant Brownlee Reagan.

Samuel J. Heller, Terry L. Hirsch, and Leonard S. Englander of Englander & Fischer, P.A., St. Petersburg, for Appellee.

KELLY, Judge.

Appellants, Stetson Management Company, Inc., and Brownlee Reagan, challenge the orders entered in favor of Fiddler's Elbow, Inc., that stayed a final judgment for possession and denied Reagan's motion to dissolve the stay. We agree with appellants that because the tenant, Fiddler's Elbow, did not timely deposit its monthly rent payment as required by court order, that Reagan, as landlord, was entitled to immediate possession of the property. Accordingly...

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