final until disposition of timely filed motion for rehearing.
from the Circuit Court for the Fifteenth Judicial Circuit,
Palm Beach County; Edward A. Garrison, Judge; L.T. Case No.
Michael J. Pike and Daniel Lustig of Pike & Lustig, LLP,
West Palm Beach, for appellant.
Richard B. Warren and Michael L. Grant of Warren & Grant,
P.A., Palm Beach Gardens, for appellee.
reverse a default final judgment of eviction for the failure
of the trial court to hold the evidentiary hearing required
by statute where there is a dispute regarding the amount of
rent to be posted in the court registry in a
commercial eviction action.
Rowe ("Tenant") entered into a commercial lease
with Macaw Holdings I, LLC ("Landlord") to rent
property for the purpose of operating a gym.
rent" was defined in section three of the lease as
"21, 500 per month, inclusive of [Initial Operating
Expenses] percentage share of utilities and sales
tax." Relevant to this appeal, section 11 of the lease
governed partial destruction of the premises, and provided
for a reduction in fixed rent proportionately to the extent
to which repair operations interfered with the operation of
Partial destruction of the Premises shall not render this
Lease void or voidable, nor terminate it except as
specifically provided in this Lease. If the Premises are
partially destroyed during the Term of this Lease, Lessor
shall repair them when such repairs can be made in conformity
with governmental laws and regulations, within 180 days of
the partial destruction. Written notice of the intention of
Lessor to repair shall be given to Lessee within 60 days
after any partial destruction. Fixed Rent will be
reduced proportionately to the extent to which the repair
operations interfere with the business conducted on the
Premises by Lessee. If the repairs cannot be made
within the time specified above, Lessor shall have the option
to make them within a reasonable time and continue this Lease
in effect with proportional rent rebate to Lessee as provided
for in this Lease. If the repairs cannot be made in 180 days,
and if Lessor does not elect to make them within a reasonable
time, either party shall have the option to terminate this
problems materialized early in the lease. The tenant said
that water damage occurred and debris from roof repairs
damaged gym equipment.
tenant made partial payments of rent. The landlord filed a
complaint for eviction and damages for nonpayment of rent.
Multiple times, the tenant asked for a hearing to determine
the amount of money he would be required to post in the court
registry pursuant to section 83.232(2), Florida Statutes
(2017), which provides:
(2) If the tenant contests the amount of money to be placed
into the court registry, any hearing regarding such dispute
shall be limited to only the factual or legal issues
(a) Whether the tenant has been properly credited by the
landlord with any and all ...