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MARKETPLACE v. ALEYDA'S MEXICAN RESTAURANTE

No. 4D12-570.

103 So.3d 911 (2012)

PALM BEACH MARKETPLACE, LLC, Petitioner, v. ALEYDA'S MEXICAN RESTAURANTE, INC., Respondent.

District Court of Appeal of Florida, Fourth District.

Rehearing Denied December 20, 2012.

Attorney(s) appearing for the Case

Lawrence Duffy of Lawrence Duffy, P.A., Palm Beach Gardens, for petitioner.

John Reynolds of Reynolds & Reynolds, PL, West Palm Beach, for respondent.

PER CURIAM.

Commercial landlord Palm Beach Marketplace, LLC, asks this court to compel the trial court to enter a default and writ of possession in its favor. We grant the petition because the tenant, Aleyda's Mexican Restaurante, Inc., failed to comply with the statutory requirements of section 83.232, Florida Statutes. We recognize the tenant's dispute about when the rental payment was due; however, the landlord pointed to the terms of the lease which provide for...

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