Legal Question in Landlord & Tenant Law in Florida

I am the defendant in an eviction case. I filed an answer and a motion to determine rent. I am going to file a motion to dismiss because they did not give me a proper 3 day notice and after they gave me an incorrect 3 day notice they took a payment from me and filed an eviction without giving me an additional 3 day notice. I received am order of mediation BUT they put an additional defendant underneath my name. I have no idea who that person is. I went to the clerk of courts website and put that persons name in and that person is a defendant in a totally different case. I checked out some case law if I answer this mediation am I not able to file a motion against it since I answered it. I am a little confused because I know the case law surrounding the fictitious name can't be claimed if one actually answers or acknowledges that it's them in any way. The letter also said I had 10 days but the 10 days is void because I didn't receive my letter in a timely manner. My ultimate question is what do I do when they add a name that has not only nothing to do with my case, but I have no idea who that person is period and this is on the document requesting mediation court mediation and authority to settle....Thank you


Asked on 1/21/14, 8:52 am

1 Answer from Attorneys
Barry Stein De Cardenas, Freixas, Stein & Zachary

Maybe the other person is a defendant in a separate case and the mediations involving the same landlord are taking place together. You need someone to review your paperwork not your summary of the paperwork. In terms of the 3 day notice, the landlord can now accept payment of money toward the rental and still proceed with eviction without a new 3 day notice. Your filing of the answer likely waived your right to move to dismiss unless it is based on the jurisdiction of the court which likely survives your answer. You need legal help as your summary is all over the place without much concrete understanding of what is going on.

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Answered on 1/21/14, 7:15 pm


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