Legal Opinion

Aetna Life Insurance v. County Casuals, Inc.

Orange County Court

Decided July 25, 1983No. Case No. CO83-2787Published

1Opinion of the Court

JAMES C. HAUSER, County Judge

IN EVICTION CASES, A TENANT MAY FILE A MOTION TO DISMISS WITHOUT FILING AN ANSWER

FACTS

The tenant moved to dismiss the landlord’s Eviction Complaint because of the latter’s failure to file its annual corporate report with the Secretary of State pursuant to Florida Statute 607.357(6). The tenant’s Motion was filed, in good faith, on July 12; the landlord complied on July 14th. Since the landlord had complied when this hearing was held on July 18th, the tenant’s motion was denied.

After the tenant’s motion was denied, the landlord orally moved that a default be…

2Cases cited4 opinions

  1. White v. FletcherSupreme Court of Florida · 1956
  2. Assured Realty, Inc. v. BrownOrange County Court · 1978
  3. Lawrence v. StateDistrict Court of Appeal of Florida · 1980
  4. Raulerson v. HammDistrict Court of Appeal of Florida · 1981

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