Legal Question in Landlord & Tenant Law in Florida

dispute

Im an landlord and--name removed--tenants refuses to pay rent . well ny home was in the process of being foreclosed but i got a company to help motify the loan. I went to the courts and got an eviction against one of the tenants. I also filed for motion to defult . today i called the courts to get info as to why the sheriff had not came out to do the writ of possession the calerk said the case was dismissed due to predjudicy. And i don't know why this would be predjudicy when we are the same race. I need to know is there any other action i can take to have them put out or pay what they owe me


Asked on 5/15/08, 4:57 pm

1 Answer from Attorneys
Alan Wagner Wagner, McLaughlin & Whittemore P.A.

Re: dispute

I think that you misundersstood the clerk. What I believe she told you is that the case was dismissed without prejudice or perhaps with prejudice, but that would be unusual. Probably you did not show up at a hearing that was required and the court dismissed the case. That would be "without prejudice" to a later filing.

The terms with or without prejudice are legal terms and don't mean there was any racial issue involved.

If the case was dismissed, you will need to refile it. I would go to the courthouse and take a look at the file itself to see if it has been dismissed. If the rent still has not been paid, then just refile the case.

Read more
Answered on 5/15/08, 5:06 pm


Related Questions & Answers

More Landlord & Tenants questions and answers in Florida