Routhier v. Meiley

Florida Circuit Courts

Routhier v. Meiley

33 Fla. Supp. 2d 122

CourtCircuit Court for the Judicial Circuits of Florida

DecidedOctober 24, 1988

DocketCase No. 88-1328-AP

StatusPublished

This text of 33 Fla. Supp. 2d 122 (Routhier v. Meiley) 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

Routhier v. Meiley, 33 Fla. Supp. 2d 122 (Fla. Super. Ct. 1988).

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Opinion

OPINION OF THE COURT

PER CURIAM.

This is a landlord tenant action. At the conclusion of the trial, the Trial Judge found “upon uncontroverted evidence that the Plaintiff terminated Defendant’s electricity service on November 4, 1987 in retaliation to (sic) a rent dispute. Defendant is entitled to recover pursuant to Florida Statute under Section 83.67(4).” The Trial Judge then found that the imposition of the penalties provided by that Statute were inequitable under the facts and circumstances of this cause.

There is no record on appeal or stipulation of facts and this Court is bound by the Trial Judge’s finding of facts.

[123]*123The penalty provisions of Florida Statute 83.67(4) are mandatory and the trial judge is without discretion to consider the equities once a finding of termination has been made.

This cause is remanded to the trial court with directions to enter judgment in accordance with the provisions of the Statute.

Reversed and Remanded.

GOSHORN, GILBERT S., JR., MOXLEY, JOHN DEAN, JOHNSTON, LAWRENCE V., concur.

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