Legal Opinion

Noimbie v. Harvey

District Court of Appeal of Florida

Decided May 7, 2014No. 4D13-2843PublishedCited by 2 opinions

1Opinion of the CourtGross, J.

We grant the petition for writ of certio-rari and quash the decision of the circuit court affirming a county court judgment since the county court acted without jurisdiction to award damages following a hearing that violated due process.

In the county court, landlord Christopher Harvey filed a one-count complaint for tenant eviction against tenant Joyce Noimbie, alleging nonpayment of rent pursuant to section 83.56(3), Florida Statutes (2011). The three-day notice attached to the complaint indicated that it was served on the tenant after the date when payment or possession was demanded.

The…

2Cases cited5 opinions

  1. Haines City Community Dev. v. HeggsSupreme Court of Florida · 1995
  2. Mernaugh v. City of OrlandoSupreme Court of Florida · 1899
  3. Ross v. Wells Fargo BankDistrict Court of Appeal of Florida · 2013
  4. Travelers Casualty & Surety Co. of America v. SidmanDistrict Court of Appeal of Florida · 2012
  5. Cowne v. WeberDistrict Court of Appeal of Florida · 1972

3Cited by2 opinions

  1. State Farm Mutual Automobile Insurance Company v. Figler Family Chiropractic, P.A., a/a/o Linda MannersDistrict Court of Appeal of Florida · 2016
  2. State Farm Mutual Automobile Insurance Company v. Figler Family Chiropractic, P.A., a/a/o Linda MannersDistrict Court of Appeal of Florida · 2016

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