Laundromat Services Consultants, Inc. v. Investors' Real Estate Management of Tallahassee, Inc.

42 Fla. Supp. 2d 11
CourtCircuit Court for the Judicial Circuits of Florida
DecidedMay 2, 1990
DocketCase No. 89-577
StatusPublished

This text of 42 Fla. Supp. 2d 11 (Laundromat Services Consultants, Inc. v. Investors' Real Estate Management of Tallahassee, Inc.) is published on Counsel Stack Legal Research, covering Circuit Court for the Judicial Circuits of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Laundromat Services Consultants, Inc. v. Investors' Real Estate Management of Tallahassee, Inc., 42 Fla. Supp. 2d 11 (Fla. Super. Ct. 1990).

Opinion

OPINION OF THE COURT

CHARLES D. McCLURE, Circuit Judge.

THIS MATTER is before the Court on appeal. This Court having considered the Briefs submitted by the Appellant and the Appellee, and being fully advised of the premises, reverses the Order of Final Judgment of the Trial Court and as grounds therefore states:

Appellant, Laundromat Services Consultants, Inc., was in possession of a laundry room facility located at Benchmark West Apartment, Tallahassee, Florida, under a lease agreement entered into with the apartment’s property management company. It filed suit against the Appellees, Investors’ Real Estate Management of Tallahassee, Inc. and [12]*12A.S.I., Inc. d/b/a Automatic Laundry and Machinery Company, alleging “unlawful entry and detainer” of the laundry room, in violation of Chapter 82, Florida Statutes.

The Honorable George S. Reynolds presided at Trial and heard the case without jury. After hearing arguments from counsel, Judge Reynolds announced a limited ruling that: (1) Chapter 82, F.S., was applicable to the case; (2) Appellant was in possession of the subject premises; (3) Appellee ousted Appellant unlawfully and without consent; and (4) the action was brought within three years of the ouster. At the trial’s conclusion, the parties could not agree on a proposed Order. Judge Reynolds then invited each party to submit an Order and explained that he would sign whichever seemed most appropriate. Judge Reynolds subsequently signed the Order submitted by Appellant.

The Order signed by Judge Reynolds required appellee to vacate the subject premises, place Appellant back in possession of the premises, and return Appellant’s equipment to the premises in its original condition. The Order also reserved jurisdiction of the parties for the purpose of holding additional hearings on the matter of damages which may be due Appellant.

Appellee petitioned the Court for rehearing and/or reconsideration of the Order. The petition requested that the Court enter a Final Judgment which precisely reflected the limited ruling announced at trial, thereby withdrawing its reservation of jurisdiction. Due to the regular rotation of County Court Judges, the rehearing was conducted by another Judge, the Honorable Hal S. McClamma. After hearing the matter, Judge McClamma issued the following findings:

1) Section 82.091 contains mandatory language requiring the entry of Final Judgment;

2) No evidence was presented at trial by Appellant as to its damages;

3) There is no provision in Section 82.091, F.S., to bifurcate the damage aspect of the trial;

4) No motion was made by Appellant at trial or otherwise to bifurcate;

5) The transcript does not reveal a ruling by the Court reserving jurisdiction on damages; and therefore,

6) The previous Trial Court Judge had no basis to do so.

In accordance with these findings, Judge McClamma issued a Final Judgment which awarded Appellant possession of the subject premises, [13]*13but ordered that Appellant take nothing from Appellee as damages or costs. Appellant filed this Appeal challenging that portion of the Final Judgment which denied an award for damages. Appellee filed a Cross-appeal challenging that portion of the Final Judgment which awarded possession of the laundry room to Appellant.

Appellant contends that the Trial Judge conducted no evidentiary hearings on the issue of damages, and therefore was without authority to enter Final Judgment. This Court agrees.

It is generally stated that a successor Judge may complete any acts uncompleted by his predecessor where it does require the successor to weigh and compare testimony heard by the previous Judge. Bradford v Foundation & Marine Construction Co., 182 So.2d 447 (Fla. 2d DCA 1966) (citing 48 C.J.S. Judges Sec. 56a (1947)). A successor Judge that does not hear all the evidence may not enter a verdict or judgment based sorely upon a record of prior proceedings unless the parties so stipulate. Without such stipulation, the Judge must conduct a retrial before entering judgment. Id at 449; See also Regis Corporation v Fusco Corporation, 496 SO.2d 833 (Fla. 2d DCA 1986); Paragon Group, Inc. v Hoeksema, 475 So.2d 244 (Fla. 2d DCA 1985); Thompkins Land and Housing, Inc. v White, 431 So.2d 259 (Fla. 2d DCA 1983). It appears from the record that no such stipulation was made in this case.

Judge McClamma conducted a hearing after the interlocutory Order was issued by the original Trial COurt. The case file contains no transcript of that hearing; however, the transcript of a subsequent rehearing and the findings set forth in the Final Judgment indicate that the only issue before Judge McClamma was whether the original Trial Court had the authority to bifurcate the proceedings and reserve jurisdiction on the issue of damages. There is no indication in the record that evidence was presented before Judge McClamma regarding either the issue of damages, or the issue of possession.

Although Judge McClamma had the opportunity to review the entire case file, he did not have the opportunity to see and hear the evidence presented. Under the circumstances, he had no authority to enter Final Judgment on either the issue of damages or possession and should have conducted a retrial of the matter. Since a retrial may be necessary, this Court will address certain issues of law raised in this appeal.

First, Appellee asserts that the language of § 82.091, F.S., requires a single hearing to determine possession and damages, and therefore mandates against bifurcation of those issues. Section 82.091 states in pertinent part:

[14]*14If the verdict is in favor of Plaintiff, the Court shall enter Judgment that Plaintiff recover possession of the property described in the complaint with his damages and costs, and shall award writ of possession to be executed without delay and execution for his damages and costs. Fla. Stat. 82.091 (1989).

On its face, the statute neither expressly permits, nor expressly precludes bifurcation of a trial.

The interpretation espoused by Appellee would restrict a party’s ability to recover damages. Plaintiffs would be permitted to receive only those damages which could be proved when the possession issue is decided. There may be situations, however, where property is removed from premises which have been unlawfully entered or detained. In such cases, a party may not be able to determine accurately the amount of damages suffered until they are put back in possession and their property returned. Certainly, if was not the legislative intent to enact a statute so rigid as to deny Plaintiffs relief for damages which may not be ascertainable until after they retake possession.

This Court does not construe the foregoing statute to have the meaning which Appellee ascribes to it. “A statute should not be construed so as to bring unreasonable or absurd consequence when, considered as a whole, the statute is fairly subject to another construction which will aid in accomplishing the intent and purpose designed.” School Board of Marion County v Florida Public Employees Relations Commission, 341 So.2d 819, 822 (Fla. 1st DCA 1977) (citing State ex rel. Florida International Commission v Willis, 124 So.2d 48 (Fla. 1st DCA 1960); and Miller v State, 297 So.2d 36 (Fla. 1st DCA 1974)).

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Related

Miller v. State
297 So. 2d 36 (District Court of Appeal of Florida, 1974)
Tompkins Land and Housing, Inc. v. White
431 So. 2d 259 (District Court of Appeal of Florida, 1983)
Paragon Group, Inc. v. Hoeksema
475 So. 2d 244 (District Court of Appeal of Florida, 1985)
State Ex Rel. Florida Industrial Comm. v. Willis
124 So. 2d 48 (District Court of Appeal of Florida, 1960)
Bradford v. FOUNDATION & MARINE CONSTRUCTION COMPANY
182 So. 2d 447 (District Court of Appeal of Florida, 1966)
School Board of Marion County v. Florida Public Employees Relations Commission
341 So. 2d 819 (District Court of Appeal of Florida, 1977)

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Bluebook (online)
42 Fla. Supp. 2d 11, Counsel Stack Legal Research, https://law.counselstack.com/opinion/laundromat-services-consultants-inc-v-investors-real-estate-management-flacirct-1990.