WALKER v. VELASTEGUI (2025)

District Court of Appeal of Florida, Third District.

Betty WALKER, Appellant, v. Fredy VELASTEGUI, Appellee.

No. 3D24-1191

Decided: April 30, 2025

Before FERNANDEZ, SCALES and GOODEN, JJ.

Legal Services of Greater Miami, and Yesenia Arocha and Jeffrey M. Hearne, for appellant. The AJM Law Group, P.A., and Alix J. Montes, for appellee.

Affirmed. See § 83.60(2), Fla. Stat. (2024) (“In an action by the landlord for possession of a dwelling unit, if the tenant interposes any defense other than payment, including, but not limited to, the defense of a defective 3-day notice, the tenant shall pay into the registry of the court the accrued rent as alleged in the complaint or as determined by the court and the rent that accrues during the pendency of the proceeding, when due ․ Failure of the tenant to pay the rent into the registry of the court or to file a motion to determine the amount of rent to be paid into the registry within 5 days, excluding Saturdays, Sundays, and legal holidays, after the date of service of process constitutes an absolute waiver of the tenant's defenses other than payment, and the landlord is entitled to an immediate default judgment for removal of the tenant with a writ of possession to issue without further notice or hearing thereon.”).

PER CURIAM.

Was this helpful?

Why was this helpful?

Easy to understand

Solved my problem

Other

Why was this not helpful?

Missing the information I need

Too complicated / too many steps

Out of date

Other

Thank you for your feedback!

Trusted by Consumers. Recognized by AI.

As the largest network of trusted legal brands, we help firms build authority across the platforms consumers and AI systems rely on most. Our network helps attorneys strengthen visibility, credibility, and preference where legal decisions begin.

Explore the Network