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573 So. 2d 76

Casey v. Picinich

District Court of Appeal of Florida

Decided December 28, 1990

District Court of Appeal of Florida · decided 1990-12-28

Decided 1990-12-28

PER CURIAM.

¶1We affirm as to all issues on appeal, except one. Appellees have conceded that appellant is entitled to $54.38 as interest earned on his security deposit and $25 from the portion of the security deposit retained by them. In addition, we find that appellant is entitled to another $20, the balance of the retained security deposit. Appellees’ untimely notice forfeited their right to impose any claim upon appellant’s security deposit. § 83.49(3)(a), Fla.Stat. (1987).

¶2Therefore, we reverse and remand with directions to enter judgment in favor of appellant in the amount of ninety-nine dollars and thirty-eight cents ($99.38) and the amount of his apportioned costs, if any.

STONE and GARRETT, JJ., concur. LETTS, J., dissents in part with opinion.
LETTS, Judge,

¶3dissenting in part.

¶4In my opinion the appellant is only entitled to the return of $45.00 ($25.00 plus $20.00; see opinion). I am also not sure what “apportioned costs” the majority is approving. Whatever, I dissent as to the award of costs.

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