Zielinski v. Palermo
Tenants facing an eviction for nonpayment filed answers asserting payment/lease modification along with motions to determine rent supported by documentation; the county court entered a default final judgment of eviction without holding a hearing, reasoning that the attached documentation was insufficient to merit a hearing. The Second DCA reversed, holding that section 83.60(2) does not permit a trial court to weigh the sufficiency of the supporting documentation in deciding whether to hold a hearing, and that an evidentiary hearing is required to resolve disputed facts raised by a pending motion to determine rent.
Key facts
- Tenants disputed a nonpayment eviction complaint and filed a motion to determine rent with supporting documentation.
- The county court entered a default final judgment of eviction without holding a hearing, finding the attached documentation insufficient to warrant a hearing.
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Why it matters
This decision gives residential tenants' counsel a clear Second District rule that a trial court cannot short-circuit section 83.60(2) by grading the sufficiency of documentation attached to a motion to determine… — full analysis with a trial
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