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PRINCE v. MCR APTS LLC (2021)

District Court of Appeal of Florida, Third District.2021-11-10No. No. 3D21-2050

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Opinion

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 landlords proper and commendable confession of error, along with our own independent review of the record, we conclude the tenants 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 tenants 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.