Third District Court of Appeal
State of Florida
Opinion filed May 17, 2023.
Not final until disposition of timely filed motion for rehearing.
________________
No. 3D22-681
Lower Tribunal No. 22-3700
________________
Sarah Lazow, etc.,
Appellant,
vs.
Synamon Real Estate, LLC,
Appellee.
An Appeal from a non-final order from the Circuit Court for Miami-Dade
County, Charles K. Johnson, Judge.
David J. Winker, PA, and David J. Winker, for appellant.
Darius Asly, for appellee.
Before SCALES, HENDON and GORDO, JJ.
GORDO, J.
Tenant 1 appeals a “Default Final Judgment of Possession” entered for
the Landlord 2. We have jurisdiction. Fla. R. App. P. 9.130(a)(3)(C)(ii). 3 We
find no error in the trial court’s entry of the writ of possession where the
Tenant indisputably failed to deposit the rent into the court registry on the
date ordered by the trial court. See § 83.232(5), Fla. Stat. (“Failure of the
tenant to pay the rent into the court registry pursuant to court order shall be
deemed an absolute waiver of the tenant’s defenses. In such case, the
landlord is entitled to an immediate default for possession without further
notice or hearing thereon.”); Park Adult Residential Facility, Inc. v. Dan
Designs, Inc., 36 So. 3d 811, 813 (Fla. 3d DCA 2010) (“Regardless of the
tenant’s reason for failing to make the deposit, the trial court was statutorily
required to enter an immediate default and writ of possession.”); Bimini
Properties, Inc. v. Puff or Sip Hookah Lounge & Liquor Store, LLC, 343 So.
3d 1249, 1251 (Fla. 3d DCA 2022) (“Upon a tenant’s failure to pay into the
court registry the amount of rent determined by the trial court, the landlord is
entitled to the remedy of an immediate default for possession.”).
Affirmed.
1
Sarah Lazow, as Successor Trustee of 3004 Trust.
2
Synamon Real Estate, LLC.
3
This Court has jurisdiction to review nonfinal orders that determine “the right
to immediate possession of property.” Fla. R. App. P. 9.130(a)(3)(C)(ii).
2