Case Information
*1 Before SUAREZ, C.J., and ROTHENBERG and FERNANDEZ, JJ.
ROTHENBERG, J.
Tixe Designs, Inc. (“the Landlord”) appeals the trial court’s non-final order granting Green Ice, Inc.’s (“the Tenant”) motion to deposit its rent into the court registry. Because the parties are contesting the Landlord’s entitlement to rent, we conclude that the trial court did not abuse its discretion by allowing the Tenant to deposit the rent money into the court registry. Accordingly, we affirm the non-final order under review.
BACKGROUND
The Landlord is the owner of commercial property, which it leased, in part, to the Tenant for the purpose of operating a men’s clothing and apparel business. The remainder of the commercial property was leased to a gym. The Tenant filed suit against the Landlord in September 2015 for breach of contract, constructive eviction, and fraud in the inducement based on the alleged noise pollution from the neighboring gym’s sound system. The Tenant alleged that the noise from the neighboring gym resulted in damages to its business and materially interfered with the use of the property such that the premises was unsuitable for occupancy.
After serving the Landlord with the complaint, the Tenant filed a motion to deposit its rent into the court’s registry pending the outcome of the lawsuit. Although the Tenant alleges that it has been constructively evicted due to the Landlord’s failure to address the noise, the Tenant nevertheless moved to deposit the funds into the court registry “as a sign of good faith.” Following a hearing, the *3 trial court entered an order granting the Tenant’s motion to voluntarily deposit its rent into the court’s registry. Thereafter, the Landlord filed this non-final appeal.
ANALYSIS
“A trial court has broad discretion in deciding whether to permit a deposit
into the court registry as well as deciding whether to grant a withdrawal from the
registry.” First States Investors 3300, LLC v. Pheil, 52 So. 3d 845, 848 (Fla. 2d
DCA 2011) (citing Pomponio v. Claridge of Pompano Condo., Inc., 378 So. 2d
774, 780 n.39 (Fla. 1979)). However, we review the interpretation of a rule of
court de novo. First States Investors 3300,
This case involves a
voluntary
deposit of rent into the court registry, which
is governed by Florida Rule of Civil Procedure 1.600. Rule 1.600 permits a party
to move the trial court to allow it to deposit sums of money into the court registry
that are the subject of the litigation. See Century Vill., Inc. v. Wellington, E, F, K,
L, H, J, M, & G, Condo. Ass’n,
In its claim for constructive eviction, the Tenant specifically seeks a
“judgment that rent is abated, security deposit returned, the Lease is cancelled and
terminated nunc pro tunc to the date of the constructive eviction, for damages
together with costs, interest, attorney’s fees, and such other and further relief as
this court deems is just and proper.” Thus, the purpose of this lawsuit is, in part, to
determine entitlement to the base rent from the date of the alleged constructive
eviction onward. It was therefore within the trial court’s sound discretion to permit
the Tenant to deposit its rent into the court’s registry. Pomponio,
Neither Konover nor Pianeta deal with a plaintiff’s voluntary deposit of the
funds in controversy. In fact, this Court has previously distinguished Konover with
respect to a court order
allowing
a party to deposit funds into the court registry as
opposed to
requiring
a party to do so. See Fiscal Operations,
CONCLUSION
Because the base rent amount was contested by the parties, rule 1.600 affords the trial court broad discretion in accepting or rejecting the Tenant’s voluntary deposit of its rent into the court’s registry. Thus, the trial court did not abuse its discretion by allowing the Tenant to deposit the disputed rent into the court registry. Accordingly, we affirm the order under review.
Affirmed.
Notes
[1] As the Landlord’s remaining arguments are without merit, we decline to specifically address them.
