Florida District Courts of Appeal, 1991

Toma v. Botton

Florida District Courts of Appeal · Decided May 1, 1991 · Anstead, Gunther, Letts

578 So. 2d 68; 1991 Fla. App. LEXIS 4361; 1991 WL 65945 (Southern Reporter, Second Series)

Opinion of the Court

PER CURIAM.

The petition is denied.

LETTS and GUNTHER, JJ., concur. ANSTEAD, J., dissents with opinion.

Dissenting Opinion

ANSTEAD, Judge,

dissenting.

I would grant certiorari and quash the order of the circuit court affirming the county court’s order which erroneously prohibited the petitioner from asserting defenses to his landlord’s eviction action. See City of St. Petersburg v. Competition Sails, Inc., 449 So.2d 852 (Fla. 2d DCA 1984); and Multach v. Adams, 418 So.2d 1254 (Fla. 4th DCA 1982).

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