Samara Johnson v. Lili Qiu

Third District Court of Appeal
State of Florida
Opinion filed November 26, 2025.
Not final until disposition of timely filed motion for rehearing.
________________
No. 3D25-0935
Lower Tribunal No. 25-63277-CC-05
________________
Samara Johnson,
Appellant,
vs.
Lili Qiu,
Appellee.
An Appeal from the County Court for Miami-Dade County, Michael G.
Barket, Judge.
Samara Johnson, in proper person.
No appearance, for appellee.
Before FERNANDEZ, MILLER, and GOODEN, JJ.
PER CURIAM.

2
Affirmed. 	See § 83.60(2), Fla. Stat. (2025) (“In an action by the
landlord for possession of a dwelling unit, if the tenant interposes any
defense other than payment, including, but not limited to, the defense of a
defective 3-day notice, the tenant shall pay into the registry of the court the
accrued rent as alleged in the complaint or as determined by the court and
the rent that accrues during the pendency of the proceeding, when due. The
clerk shall notify the tenant of such requirement in the summons. Failure of
the tenant to pay the rent into the registry of the court or to file a motion to
determine the amount of rent to be paid into the registry within 5 days,
excluding Saturdays, Sundays, and legal holidays, after the date of service
of process constitutes an absolute waiver of the tenant’s defenses other than
payment, and the landlord is entitled to an immediate default judgment for
removal of the tenant with a writ of possession to issue without further notice
or hearing thereon.”); Minalla v. Equinamics Corp., 954 So. 2d 645, 648 (Fla.
3d DCA 2007) (“Section 83.60(2), Florida Statutes, requires payment of rent
into the registry of the court in residential landlord tenant disputes under Part
II of Chapter 83.” (quoting Frey v. Livecchi, 852 So. 2d 896, 897 (Fla. 4th
DCA 2003)).