Atlantis Estate Acquisitions, Inc. v. DePierro
District Court of Appeal of Florida
1Opinion of the CourtWarner, J.
A landlord appeals the trial court’s final judgment in which it found that the tenant was entitled to the return of what the court found to be advance rent on a theory of unjust enrichment, because the rent was not held in a segregated account pursuant to section 83.49(1), Florida Statutes. The court also denied the landlord’s claim that it was entitled to enforce the tenant’s obligation to pay utilities through the remainder of the lease term, finding only that the landlord was entitled to a small sum for repairs due to damage caused by the tenant. Because the lease term was one year, with…
2Cases cited3 opinions
- Diamond" S" Development Corporation v. Mercantile BankDistrict Court of Appeal of Florida · 2008
- Wagner v. RiceSupreme Court of Florida · 1957
- Moynet v. CourtoisDistrict Court of Appeal of Florida · 2009
3Cited by7 opinions
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- IberiaBank v. Coconut 41, LLCDistrict Court, M.D. Alabama · 2013
- Degutis v. Financial Freedom, LLCDistrict Court, M.D. Florida · 2013
- F.H. PASCHEN, S.N. NIELSEN & ASSOCIATES, LLC v. B & B SITE DEVELOPMENT, INC.District Court of Appeal of Florida · 2021
- John Huguenard and Kelly Huguenard v. Cantiere Del Pardo S.P.A., Germain Yachts, LLC, and Pardo Yachts Miami LLCDistrict Court, M.D. Florida · 2026
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