ABEL SANCHEZ v. 230 4TH MIAMI OWNER, LLC, etc.

• Court: District Court of Appeal of Florida
• Decided: October 11, 2023
• Docket: 2023-0115
• Status: Published

Opinion

Third District Court of Appeal State of Florida

Opinion filed October 11, 2023. Not final until disposition of timely filed motion for rehearing. ________________

No. 3D23-115 Lower Tribunal No. 22-39997 CC ________________

Abel Sanchez, Appellant,

vs.

230 4th Miami Owner, LLC, etc., Appellee.

An Appeal from the County Court for Miami-Dade County, Miesha Darrough, Judge.

Abel Sanchez, in proper person.

No appearance, for appellee. 1

Before SCALES, HENDON and GORDO, JJ.

PER CURIAM.

1 Appellee was precluded from filing an answer brief after failing to comply with this court’s order. Affirmed. See Stanley v. Quest Int’l Inv., Inc., 50 So. 3d 672, 674 (Fla.

4th DCA 2010) (“The tenant is required to deposit the disputed rent into the

court registry to assert any defense other than payment. The plain language

of the statute requires it.”); First Hanover v. Vazquez, 848 So. 2d 1188, 1190

(Fla. 3d DCA 2003) (“[T]enants in actions for possession for non-payment of

rent are obligated to pay rent as a condition to remaining in possession

irrespective of their defenses and counterclaims.”).