Rafael Almendral v. J & C Property Management Corp.

Opinion

Third District Court of Appeal State of Florida

Opinion filed September 17, 2025. Not final until disposition of timely filed motion for rehearing.

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No. 3D24-2319 Lower Tribunal No. 24-19766-CA-01 ________________

Rafael Almendral, Appellant,

vs.

J&C Property Management Corp., Appellee.

An Appeal from a non-final order from the Circuit Court for Miami-Dade County, Valerie R. Manno Schurr, Judge.

Open Book Appeals and Erin Pogue Newell (Fort Lauderdale), for appellant.

Mamone Villalon and Ramsey Villalon, for appellee.

Before LINDSEY, MILLER and GORDO, JJ.

GORDO, J. ON MOTION FOR REHEARING AND CERTIFICATION

We deny the motion for rehearing and certification but withdraw our

previous opinion and substitute the following opinion in its stead.

Rafael Almendral (“Tenant”) appeals a non-final order entered in favor

of J & C Property Management Corporation (“Landlord”) requiring him to

deposit rent into the court registry. We have jurisdiction. Fla. R. App. P

9.130(a)(3)(C)(ii). We affirm.

On appeal, the Tenant argues the trial court should have first ruled on

his motion to dismiss before requiring a deposit into the court registry.

The plain language of section 83.232, Florida Statutes, mandates a

rent deposit absent a “defense of payment or satisfaction of the rent.” §

83.232(1), Fla. Stat. “The court, on its own motion, shall notify the tenant of

the requirement that rent be paid into the court registry by order, which shall

be issued immediately upon filing of the tenant’s initial pleading, motion, or

other paper.” § 83.232(3), Fla. Stat. Because the plain language of section

83.232 makes a rent deposit mandatory absent a defense of payment or

satisfaction of the rent, we find no error in requiring such a deposit before

ruling on the motion to dismiss. See T.G. United, Inc. v. AADD Props., LLC,

371 So. 3d 396, 400 (Fla. 5th DCA 2023) (“Section 83.232 establishes a

procedure for payment of rent during the pendency of a commercial

2 landlord’s claim for possession.”); § 83.232(1), Fla. Stat. (“In an action by the

landlord which includes a claim for possession of real property, the tenant

shall pay into the court registry the amount alleged in the complaint as

unpaid, or if such amount is contested, such amount as is determined by the

court, and any rent accruing during the pendency of the action, when due,

unless the tenant has interposed the defense of payment or satisfaction of

the rent in the amount the complaint alleges as unpaid.”); Fabre v. 4647

Block, LLC, 401 So. 3d 523, 528 (Fla. 3d DCA 2024) (“Section 83.232 is

designed to protect a commercial landlord from irreparable harm where a

tenant holds over during eviction proceedings without paying rent.” (quoting

Famsun Inv., LLC v. Therault, 95 So. 3d 961, 963 (Fla. 4th DCA 2012))).

Affirmed.