PRINCE v. MCR APTS LLC (2021)

District Court of Appeal of Florida, Third District.

Natasha PRINCE, Appellant, v. MCR APTS. 1, LLC, etc., Appellee.

No. 3D21-2050

Decided: November 10, 2021

Before EMAS, MILLER, and LOBREE, JJ.

Legal Services of Greater Miami, Inc., and Sean Rowley, for appellant. Langbein and Langbein, P.A., and Leslie W. Langbein, for appellee.

UPON CONFESSION OF ERROR

Appellant, Natasha Prince, the tenant, challenges an order of default and final judgment of removal rendered in favor of appellee, MCR Apartments 1, LLC d/b/a Casa Matias, the landlord. Upon the landlord's proper and commendable confession of error, along with our own independent review of the record, we conclude the tenant's motion for determination of rent, pending and unresolved in the trial court, precluded entry of the judgment. See Axen v. Poah Cutler Manor, LLC, 323 So. 3d 800, 801 (Fla. 3d DCA 2021) (finding a tenant's undisposed-of, timely-filed motion to determine rent precluded entry of a final judgment based on nonpayment). Hence, we reverse and remand for further proceedings.

Reversed and remanded.

PER CURIAM.

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