Sergej Tews v. Trade Music International LLC

• Court: District Court of Appeal of Florida
• Decided: November 6, 2024
• Docket: 3D2024-0663
• Status: Published

Opinion

Third District Court of Appeal State of Florida

Opinion filed November 6, 2024. Not final until disposition of timely filed motion for rehearing.

________________

No. 3D24-0663 Lower Tribunal No. 23-146022-CC-23 ________________

Sergej Tews, et al., Appellants,

vs.

Trade Music International LLC, Appellee.

An Appeal from a non-final order from the County Court for Miami- Dade County, Chiaka Ihekwaba, Judge.

Courtney B. Bouillon (Orlando), for appellants.

James I. Barron, III P.A., and James I. Barron III (Orlando), for appellee.

Before LINDSEY, GORDO, and BOKOR, JJ.

PER CURIAM. Affirmed. See § 83.60(2), Fla. Stat. (2024) (“In an action by the

landlord for possession of a dwelling unit, if the tenant interposes any

defense other than payment, including, but not limited to, the defense of a

defective 3-day notice, the tenant shall pay into the registry of the court the

accrued rent as alleged in the complaint or as determined by the court and

the rent that accrues during the pendency of the proceeding, when due. The

clerk shall notify the tenant of such requirement in the summons. Failure of

the tenant to pay the rent into the registry of the court or to file a motion to

determine the amount of rent to be paid into the registry within 5 days,

excluding Saturdays, Sundays, and legal holidays, after the date of service

of process constitutes an absolute waiver of the tenant's defenses other than

payment, and the landlord is entitled to an immediate default judgment for

removal of the tenant with a writ of possession to issue without further notice

or hearing thereon.”).