Gomes v. LeGrand

District Court of Appeal of Florida

Gomes v. LeGrand

560 So. 2d 389, 1990 Fla. App. LEXIS 3068, 1990 WL 57787

CourtDistrict Court of Appeal of Florida

DecidedMay 1, 1990

DocketNo. 89-1019

StatusPublished

Cited by2 cases

This text of 560 So. 2d 389 (Gomes v. LeGrand) 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

Gomes v. LeGrand, 560 So. 2d 389, 1990 Fla. App. LEXIS 3068, 1990 WL 57787 (Fla. Ct. App. 1990).

Pincite

Opinion

BARFIELD, Judge.

Anthony Gomes appeals from a final judgment granting Ron LeGrand’s petition for writ of possession of certain real property pursuant to a proceeding brought under chapter 83, Florida Statutes (1987). Appellant raised two issues on appeal. We affirm on both.

In his first issue, Anthony Gomes challenges the trial court’s determination that the agreement between the parties constituted a rental agreement separate and apart from an agreement for the purchase and sale of real property, which rental agreement was subject to the provisions of chapter 83, Florida Statutes (1987). Gomes’ contention that the agreement must be construed and treated as a mortgage was rejected by the trial court and we agree that the ruling of the trial judge was correct.

Gomes’ second issue on appeal is that the complaint for relief under chapter 83 failed to state a cause of action. This argument is without merit as the complaint properly stated an agreement to pay rent and the failure to pay that rent in accordance with chapter 83, Florida Statutes (1987).

The appellant raised no issue directed toward the sufficiency or competency of evidence considered by the trial court.

The judgment of the trial court is AFFIRMED.

SHIVERS, C.J., and WIGGINTON, J., concur.

Free access — add to your briefcase to read the full text and ask questions with AI