Casey v. Picinich
Casey v. Picinich
Opinion of the Court
We affirm as to all issues on appeal, except one. Appellees have conceded that appellant is entitled to $54.38 as interest earned on his security deposit and $25 from the portion of the security deposit retained by them. In addition, we find that appellant is entitled to another $20, the balance of the retained security deposit. Appellees’ untimely notice forfeited their right to impose any claim upon appellant’s security deposit. § 83.49(3)(a), Fla.Stat. (1987).
Therefore, we reverse and remand with directions to enter judgment in favor of appellant in the amount of ninety-nine dollars and thirty-eight cents ($99.38) and the amount of his apportioned costs, if any.
Dissenting Opinion
dissenting in part.
In my opinion the appellant is only entitled to the return of $45.00 ($25.00 plus $20.00; see opinion). I am also not sure what “apportioned costs” the majority is approving. Whatever, I dissent as to the award of costs.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.