Wilson v. Cogen

Florida Circuit Courts

Wilson v. Cogen

26 Fla. Supp. 2d 161

CourtCircuit Court for the Judicial Circuits of Florida

DecidedFebruary 1, 1988

DocketCase No. 87-157 AP (County Court Case No. 87-86CC26)

StatusPublished

This text of 26 Fla. Supp. 2d 161 (Wilson v. Cogen) 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

Wilson v. Cogen, 26 Fla. Supp. 2d 161 (Fla. Super. Ct. 1988).

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Opinion

OPINION OF THE COURT

SALMON, J.

In this landlord-tenant action, an incident occurred (not necessary to detail) which gave grounds to the Appellees to terminate the lease, unless the Appellees waived their right to proceed.

We have concluded that the landlord accepted payment of rent with actual knowledge of the incident which gave rise to the termination of the lease. See Sec. 83.56(5), Fla. Stat. (1985). The undisputed evidence is that the Appellee’s secretary was aware of the incident when she accepted the rent payment. A review of the record discloses that the [162]*162secretary occupied a position and performed duties for the Appellees to such an extent that her action was binding upon and constituted an act of the Appellees.

Reversed and remanded with instructions to dismiss the action.

SHAPIRO and GREENBAUM, JJ., concur.

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OPINION OF THE COURT

SALMON, J.

In this landlord-tenant action, an incident occurred (not necessary to detail) which gave grounds to the Appellees to terminate the lease, unless the Appellees waived their right to proceed.

We have concluded that the landlord accepted payment of rent with actual knowledge of the incident which gave rise to the termination of the lease. See Sec. 83.56(5), Fla. Stat. (1985). The undisputed evidence is that the Appellee’s secretary was aware of the incident when she accepted the rent payment. A review of the record discloses that the [162]*162secretary occupied a position and performed duties for the Appellees to such an extent that her action was binding upon and constituted an act of the Appellees.

Reversed and remanded with instructions to dismiss the action.

SHAPIRO and GREENBAUM, JJ., concur.

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Bluebook (online)

26 Fla. Supp. 2d 161, Counsel Stack Legal Research, https://law.counselstack.com/opinion/wilson-v-cogen-flacirct-1988.