NOTICE:  THIS OPINION IS SUBJECT TO REVISION OR WITHDRAWAL

UNTIL TIME EXPIRES FOR REHEARING OR FURTHER APPELLATE

REVIEW AND, IF FILED, DETERMINED

 

County Civil Court: CIVIL PROCEDURE – Default – failure to pay rent into Depository - standard of review – Court cannot address issues that were not framed for review – Appellant unable to overcome to presumption of correctness of the trial court’s ruling – record shows that Appellant did not pay owed rent into the Court’s depository – Default Final Judgment affirmed.  Melbourne v. Mount Royal Realty Group III, Inc., Appeal No. 07-0021AP-88B (Fla. 6th Cir. App. Ct. Nov. 30, 2007). 

 

IN THE CIRCUIT COURT FOR THE SIXTH JUDICIAL CIRCUIT

IN AND FOR PINELLAS COUNTY, FLORIDA

APPELLATE DIVISION

 

 

CYNTHIA A. MELBOURNE,

                                    Appellant,

 

vs.                                                                                     Appeal No. 07-0021AP-88B

                                                                                         UCN522007AP000021XXXXCV

 

MOUNT ROYAL REALTY GROUP III, INC.,

                                    Appellee.

_______________________________________/

Appeal from Pinellas County Court

 

Cynthia A. Melbourne, Appellant, pro se

 

Daniel G. Drake, Esquire

Attorney for Appellee

 

 

 

ORDER AND OPINION

 

            THIS CAUSE came before the Court on appeal, filed by Cynthia A. Melbourne (Melbourne), from the Default Final Judgment for Eviction with Order of Tenant Removal, entered April 16, 2007.  Upon review of the briefs, the record and being otherwise fully advised, the Court affirms the trial court’s ruling as set forth below.

The record shows that, on March 30, 2007, Mount Royal Realty Group III, Inc. (Mount Royal), filed a Complaint for Eviction against Melbourne for failing to pay rent totaling $ 2,700.00.  Melbourne filed a Motion to Determine Amount of Rent to Deposit into Registry of Court wherein Melbourne states she was “told to keep the rent.”  Melbourne did not attach any supporting documentation that Mount Royal had waived her rent.  Melbourne did not dispute the amount of rent claimed in the Complaint.  The trial court entered an Order Denying Defendant’s Motion to Determine Rent.  The trial court then entered its Default Final Judgment finding that, although Melbourne filed a response to the complaint within five (5) days of service of process, she failed to pay into the Registry of the Court the accrued rent as alleged in the complaint.  The trial court found that, “[s]uch failure constitutes an absolute waiver of Defendant’s defenses and entitles Plaintiff to an immediate default judgment with order of tenant removal and a writ of possession, to issue without further notice or hearing thereon.”  The trial court then issued a Writ of Possession and Melbourne was evicted.

 Before this Court, Melbourne generally argues that the trial court erred in entering the Default Final Judgment for her failure to deposit owed rent into the Registry of the Court.  However, Melbourne fails to frame any specific issues for this Court’s review, fails to cite to the record, and fails to cite to any case or statutory law to support her arguments.  See Urban v. City of Daytona Beach, 101 So.2d 414, 417 (Fla. 1st DCA 1958)(explaining that appellate courts will not retry cases on appeal nor comb record for error).  The Court finds that the trial court could review Melbourne’s Motion to Determine Amount of Rent to assess whether it was legally sufficient and warranted a hearing.  The Court finds that the record supports the trial court’s decision to deny Melbourne’s Motion, without a hearing, and that the Default Final Judgment is supported by competent substantial evidence.  See  Shaw v. Shaw, 334 So.2d 13, 16 (Fla. 1976).  The Court concludes that Melbourne has failed to overcome the presumption of correctness of the trial court’s ruling.  See Applegate v. Barnett Bank of Tallahassee, 377 So.2d 1150, 1152 (Fla. 1979)(stating that the decision of the trial court has the presumption of correctness and the burden is on the appellant to demonstrate error); Bei v. Harper, 475 So.2d 912, 914 (Fla. 2d DCA 1985)(same).

Therefore, it is,

            ORDERED AND ADJUDGED that the Default Final Judgment is affirmed. 

            DONE AND ORDERED in Chambers, at St. Petersburg, Pinellas County, Florida this ______ of November 2007.

 

 

 

               

                                                                                ______________________________

                                                                                DAVID A. DEMERS

                                                            Circuit Judge, Appellate Division

 

 

 

 

_______________________                                      _____________________________

PETER RAMSBERGER                                        AMY M. WILLIAMS

Circuit Judge, Appellate Division                               Circuit Judge, Appellate Division

 

 

 

 

Copies furnished to:

 

Judge Myra Scott McNary

 

Cynthia A. Melbourne

Post Office Box 5254

Clearwater, FL  33758

 

Daniel G. Drake, Esquire

Post Office Box 2327

Brandon, FL  33509-2327