Garcia v. Ruiz

OPINION OF THE COURT

JOAN A. LENARD, County Judge.

ORDER ON DEFENDANTS MOTION TO DISMISS

This cause is before the Court on defendant’s motion to dismiss and the Court having held a hearing on September 11, 1991 and being fully advised in the premises hereby rules as follows:

A statutory cause of action cannot be commenced until the plaintiff has complied with all conditions precedent. Ferry-Morse Seed Co. v Hitchcock, 426 So. 2d 958, 961 (Fla. 1983). A necessary precondition *177to an action for possession under the Residential Landlord Tenant Act, Chapter 83, Part II Fla. Stat. (“Act”), is service…