Swortz v. Southern Rainbow Corp.

On Motion for Rehearing Granted

The tenant, appellee, filed an action for wrongful eviction in the trial court. The landlord, appellant, counterclaimed alleging that the landlord-tenant laws of chapter 83, Florida Statutes (1991) did not apply because the appellee was a transient occupant leasing under a temporary occupancy agreement. After a non-jury trial, final judgment was entered in the tenant’s favor. The court noted that there was a complete absence of justiciable issue of either law or fact in the counterclaim, and reserved jurisdiction to award attorney’s fees pursuant to section…