Betty Walker v. Fredy Velastegui

• Court: District Court of Appeal of Florida
• Decided: April 30, 2025
• Docket: 3D2024-1191
• Status: Published

Opinion

Third District Court of Appeal State of Florida

Opinion filed April 30, 2025. Not final until disposition of timely filed motion for rehearing.

________________

No. 3D24-1191 Lower Tribunal No. 24-95814-CC-20 ________________

Betty Walker, Appellant,

vs.

Fredy Velastegui, Appellee.

An Appeal from the County Court for Miami-Dade County, Gordon Murray, Judge.

Legal Services of Greater Miami, and Yesenia Arocha and Jeffrey M. Hearne, for appellant.

The AJM Law Group, P.A., and Alix J. Montes, for appellee.

Before FERNANDEZ, SCALES and GOODEN, JJ.

PER CURIAM. Affirmed. See § 83.60(2), Fla. Stat. (2024) (“In an action by the

landlord for possession of a dwelling unit, if the tenant interposes any

defense other than payment, including, but not limited to, the defense of a

defective 3-day notice, the tenant shall pay into the registry of the court the

accrued rent as alleged in the complaint or as determined by the court and

the rent that accrues during the pendency of the proceeding, when due . . . .

Failure of the tenant to pay the rent into the registry of the court or to file a

motion to determine the amount of rent to be paid into the registry within 5

days, excluding Saturdays, Sundays, and legal holidays, after the date of

service of process constitutes an absolute waiver of the tenant’s defenses

other than payment, and the landlord is entitled to an immediate default

judgment for removal of the tenant with a writ of possession to issue without

further notice or hearing thereon.”).