Floyd v. Housing Authority of Orlando

District Court of Appeal of Florida

Floyd v. Housing Authority of Orlando

389 So. 2d 688, 1980 Fla. App. LEXIS 17517

CourtDistrict Court of Appeal of Florida

DecidedOctober 29, 1980

DocketNo. 79-506

StatusPublished

This text of 389 So. 2d 688 (Floyd v. Housing Authority of Orlando) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Floyd v. Housing Authority of Orlando, 389 So. 2d 688, 1980 Fla. App. LEXIS 17517 (Fla. Ct. App. 1980).

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Opinion

COWART, Judge.

Appellant and other tenants first appealed a partial summary judgment giving the appellee Housing Authority possession of leased premises. While that appeal was pending in this court the appealed judgment was stayed on the condition that the appellant pay her rent into the court registry. The appellant failed to pay as required and defended her failure on the ground that under her lease she was entitled to a rent reduction because of certain facts she considered a hardship. The trial court held against her contentions, vacated the stay order and entered a final judgment of eviction. This second appeal was taken from these later acts of the trial court.

In the meantime, this court has disposed of the first appeal by reversing the partial summary judgment and directing the eviction complaint be dismissed without prejudice. See Quinn v. Housing Authority of the City of Orlando, Florida, 385 So.2d 1167 (Fla. 5th DCA 1980).

The propriety of the trial court’s order vacating the order staying the Housing Authority’s right to possession pending the first appeal is now moot and because the final judgment of eviction is based on the [689]*689defective eviction complaint and on the reversed partial summary judgment, it must also be

REVERSED.

DAUKSCH, C. J., and FRANK D. UP-CHURCH, Jr., J., concur.

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COWART, Judge.

Appellant and other tenants first appealed a partial summary judgment giving the appellee Housing Authority possession of leased premises. While that appeal was pending in this court the appealed judgment was stayed on the condition that the appellant pay her rent into the court registry. The appellant failed to pay as required and defended her failure on the ground that under her lease she was entitled to a rent reduction because of certain facts she considered a hardship. The trial court held against her contentions, vacated the stay order and entered a final judgment of eviction. This second appeal was taken from these later acts of the trial court.

In the meantime, this court has disposed of the first appeal by reversing the partial summary judgment and directing the eviction complaint be dismissed without prejudice. See Quinn v. Housing Authority of the City of Orlando, Florida, 385 So.2d 1167 (Fla. 5th DCA 1980).

The propriety of the trial court’s order vacating the order staying the Housing Authority’s right to possession pending the first appeal is now moot and because the final judgment of eviction is based on the [689]*689defective eviction complaint and on the reversed partial summary judgment, it must also be

REVERSED.

DAUKSCH, C. J., and FRANK D. UP-CHURCH, Jr., J., concur.

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Bluebook (online)

389 So. 2d 688, 1980 Fla. App. LEXIS 17517, Counsel Stack Legal Research, https://law.counselstack.com/opinion/floyd-v-housing-authority-of-orlando-fladistctapp-1980.

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