ATLANTIS ESTATE ACQUISITIONS, INC. v. DePIERRO

No. 4D11-295.

125 So.3d 889 (2013)

ATLANTIS ESTATE ACQUISITIONS, INC., Appellant, v. Anthony DePIERRO and Brooks Rose-DePierro, Appellees.

District Court of Appeal of Florida, Fourth District.

April 24, 2013.


Attorney(s) appearing for the Case

Robin Bresky and Jonathan Mann of Law Offices of Robin Bresky, Boca Raton, for appellant.

Gerald J. Houlihan of Houlihan & Partners, P.A., Miami, for appellees.


WARNER, J.

A landlord appeals the trial court's final judgment in which it found that the tenant was entitled to the return of what the court found to be advance rent on a theory of unjust enrichment, because the rent was not held in a segregated account pursuant to section 83.49(1), Florida Statutes. The court also denied the landlord's claim that it was entitled to enforce the tenant's obligation to pay utilities through the remainder of the lease term, finding...

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