Gautreaux v. Notarantonio

District Court of Appeal of Florida

Gautreaux v. Notarantonio

687 So. 2d 849, 1997 Fla. App. LEXIS 50, 1997 WL 1724

CourtDistrict Court of Appeal of Florida

DecidedJanuary 2, 1997

DocketNo. 96-1385

StatusPublished

Cited by2 cases

This text of 687 So. 2d 849 (Gautreaux v. Notarantonio) 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.

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Gautreaux v. Notarantonio, 687 So. 2d 849, 1997 Fla. App. LEXIS 50, 1997 WL 1724 (Fla. Ct. App. 1997).

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Opinion

PER CURIAM.

We affirm the orders appealed by the defendants Carol and Herb Gautreaux including the summary judgment entered in favor of James A. Notarantonio in his eviction action against defendants. The Gautreauxes occupied a boat slip under an oral tenancy agreement in the marina Notarantonio acquired; hence, that tenancy was terminable at will. § 83.01, Fla.Stat. (1995); Sill v. Smith, 177 So.2d 265 (Fla. 2d DCA 1965). [850]*850See Ralo, Inc. v. Jack Graham, Inc., 362 So.2d 310 (Fla. 2d DCA 1978) (landlord entitled to terminate tenancy at will upon proper notice), cert. denied, 368 So.2d 1368 (Fla.1979). However, we remand the case to the trial court to calculate the amount of reimbursement the Gautreauxes are entitled to for the rent they prepaid through the end of August 1995.

Affirmed and remanded with instructions.

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PER CURIAM.

We affirm the orders appealed by the defendants Carol and Herb Gautreaux including the summary judgment entered in favor of James A. Notarantonio in his eviction action against defendants. The Gautreauxes occupied a boat slip under an oral tenancy agreement in the marina Notarantonio acquired; hence, that tenancy was terminable at will. § 83.01, Fla.Stat. (1995); Sill v. Smith, 177 So.2d 265 (Fla. 2d DCA 1965). [850]*850See Ralo, Inc. v. Jack Graham, Inc., 362 So.2d 310 (Fla. 2d DCA 1978) (landlord entitled to terminate tenancy at will upon proper notice), cert. denied, 368 So.2d 1368 (Fla.1979). However, we remand the case to the trial court to calculate the amount of reimbursement the Gautreauxes are entitled to for the rent they prepaid through the end of August 1995.

Affirmed and remanded with instructions.

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687 So. 2d 849, 1997 Fla. App. LEXIS 50, 1997 WL 1724, Counsel Stack Legal Research, https://law.counselstack.com/opinion/gautreaux-v-notarantonio-fladistctapp-1997.

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