521 So. 2d 363 | Fla. Dist. Ct. App. | 1988
This matter is before the court upon a petition for writ of certiorari to the circuit court to review an opinion of that court acting in. its appellate capacity over the county court.
The county court originally awarded petitioners, landlords, possession of their leased premises. Respondents, tenants, appealed that award and won. In the meantime, pending the appeal, the landlords renovated and changed the premises after they had been vacated by the tenant who had not superseded the judgment.
After the landlords lost the appeal they were ordered by the county court to refund to tenants an amount of money alleged to have been rental overpayment and to change the premises back to the way it was before they made the changes and renovations during the pendency of the appeal.
Petitioners, landlords, then appealed that last order saying they should not be required to restore the premises to status quo and were denied their due process rights when the county court refused an evidentiary hearing in regard to the alleged rental overpayment. The circuit court on appeal reversed the order of rental refund
The circuit court cannot be faulted for something not presented to it properly.
CERTIORARI DENIED.