PARK ADULT RESIDENTIAL v. DAN DESIGNS

No. 3D09-3235.

36 So.3d 811 (2010)

PARK ADULT RESIDENTIAL FACILITY, INC., Appellant, v. DAN DESIGNS, INC., etc., Appellee.

District Court of Appeal of Florida, Third District.

May 26, 2010.


Attorney(s) appearing for the Case

Michael I. Bernstein, for appellant.

Koch & Trushin, Bradley H. Trushin, Fort Lauderdale, and Marcus J. Susen, for appellee.

Before COPE and GERSTEN, JJ., and SCHWARTZ, Senior Judge.


GERSTEN, J.

Park Adult Residential Facility, Inc. ("the landlord") appeals from an order denying its motion for immediate default and issuance of writ of possession against Dan Designs, Inc., etc. ("the tenant"). We reverse.

The landlord sued the tenant for failure to pay rent due under the parties' lease agreement. Additionally, the landlord moved for an order directing the tenant to deposit the monthly rent into the court registry. Thereafter, the trial...

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