INVEGO V. RODRIGUEZ

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Third District Court of Appeal State of Florida, January Term, A.D. 2008 Opinion filed February 13, 2008. Not final until disposition of timely filed motion for rehearing. ________________ No. 3D07-2078 Lower Tribunal No. 06-18424 ________________ Invego Auto Parts, Inc., IB Used Auto Parts, Inc., Tenant #1 and Tenant #2, Appellants, vs. Felix Israel Rodriguez, Appellee. A non-final Appeal from the Circuit Court for Miami-Dade County, Gerald D. Hubbart, Judge. Marlon E. Bryan, for appellants. Seidman, Prewitt, DiBello & Lopez and Darin A. DiBello and Carlos B. Castillo, for appellee. Before GERSTEN, C.J., and CORTIÃ AS, J., and SCHWARTZ, Senior Judge. PER CURIAM. We find that the trial court did not abuse its discretion in requiring payments of rent into the registry under section 83.232(1), Florida Statutes (2007). See Muvico Entm t, LLC v. Pointe Orlando Dev. Co., 755 So. 2d 194 (Fla. 5th DCA 2000); Premici v. United Growth Properties, L.P., 648 So. 2d 1241 (Fla. 5th DCA 1995). Affirmed. GERSTEN, C.J. and CORTIÃ AS, J., concur. Invego Auto Parts, Inc. v. Rodriguez Case no. 3D07-2078 SCHWARTZ, Senior Judge (dissenting). I would reverse the order under review. See Atl. Beach Improvement Corp. v. Hall, 143 Fla. 778, 197 So. 464 (1940); Minalla v. Equinamics Corp., 954 So. 2d 645 (Fla. 3d DCA 2007); Grimm v. Huckabee, 891 So. 2d 608 (Fla. 1st DCA 2005); Pensacola Wine & Spirits Distillers, Inc. v. Gator Distribs., Inc., 448 So. 2d 34 (Fla. 1st DCA 1984).

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