18 Fla. L. Weekly Supp. 602a
Online Reference: FLWSUPP 1807NICK
Landlord-tenant — Eviction — Notice — Defects — Eviction complaint is dismissed where three-day notice is fatally defective
AMELIA NICKELS, Plaintiff(s), vs. ALICE HALL, Defendant(s). County Court, 9th Judicial Circuit in and for Orange County. Case No. 2010-CC-16496. October 26, 2010. Honorable Wilfredo Martinez, Judge. Counsel: Amelia Nickels, pro se Plaintiff. Jaisen J. Stango, Gourav N. Mukherjee at Law, P.A., Orlando, for Defendant.
ORDER OF DISMISSAL
THIS CAUSE came on to be considered by the Court upon the Plaintiff filing a complaint for eviction and the Defendant responding thereto and the Court having reviewed the court file,
FINDS AS FOLLOWS:
The Complaint and the Three Day Notice to Pay Rent or Deliver Possession are fatally defective. The rental agreement between the parties was therefore not properly terminated and the Complaint therefore fails to state a cause of action. The Court does not have jurisdiction over this case. See Florida Statutes, Chapter 83.56(5); Rogers v. Smorkes, 8 Fla. L. Weekly Supp. 400b (Fla.17th Cir. Ct. March 23, 2001); Spry v. Budau, 7 Fla. L. Weekly Supp. 631a (17th Cir. Ct. June 26, 2000); Hodgson v. Jones, 6 Fla. L. Weekly Supp. 758a (Fla.17th Cir. Ct. Sept. 24, 1999); Brooks v. Narine, Ninth Judicial Circuit Court (CVA1 07-84 Nov. 13, 2009) [17 Fla. L. Weekly Supp. 72a].
IT IS THEREFORE ORDERED that this case is dismissed.
