NATASHA PRINCE v. MCR APTS. 1, LLC, etc.

• Court: District Court of Appeal of Florida
• Decided: November 10, 2021
• Docket: 21-2050
• Status: Published

Opinion

Third District Court of Appeal State of Florida

Opinion filed November 10, 2021.

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No. 3D21-2050 Lower Tribunal No. 21-25382 CC ________________

Natasha Prince, Appellant,

vs.

MCR Apts. 1, LLC, etc., Appellee.

An appeal from the County Court for Miami-Dade County, Gloria Gonzalez-Meyer, Judge.

Legal Services of Greater Miami, Inc., and Sean Rowley, for appellant.

Langbein and Langbein, P.A., and Leslie W. Langbein, for appellee.

Before EMAS, MILLER, and LOBREE, JJ.

PER CURIAM.

UPON CONFESSION OF ERROR Appellant, Natasha Prince, the tenant, challenges an order of default

and final judgment of removal rendered in favor of appellee, MCR

Apartments 1, LLC d/b/a Casa Matias, the landlord. Upon the landlord’s

proper and commendable confession of error, along with our own

independent review of the record, we conclude the tenant’s motion for

determination of rent, pending and unresolved in the trial court, precluded

entry of the judgment. See Axen v. Poah Cutler Manor, LLC, 323 So. 3d

800, 801 (Fla. 3d DCA 2021) (finding a tenant’s undisposed-of, timely-filed

motion to determine rent precluded entry of a final judgment based on

nonpayment). Hence, we reverse and remand for further proceedings.

Reversed and remanded.