FLN Properties, LLC v. First Stop Food Mart, Inc.
A commercial landlord sought mandamus to compel a county court to enter a default judgment for possession under section 83.232(5), Florida Statutes, after the tenant failed to deposit June rent into the court registry by the ordered date (June 1 fell on a Sunday; the tenant paid June 2). The Second DCA granted the petition, holding the statute's waiver is mandatory and leaves the trial court no discretion, and that Rule 2.514(a)'s weekend/holiday extension does not apply to a fixed calendar date.
Key facts
- Commercial landlord FLN Properties, LLC sought mandamus against First Stop Food Mart, Inc. to compel entry of a default judgment for possession after the tenant failed to deposit June rent into the court registry by the ordered date (June 1, a Sunday; tenant paid June 2).
- The trial court declined to enter default, apparently exercising discretion to excuse the one-day late deposit.
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Why it matters
A practical commercial landlord-tenant decision reinforcing the strict, no-discretion application of section 83.232(5): a tenant who misses a court-ordered registry deposit waives its defenses and the landlord is… — full analysis with a trial
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