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IN THE CIRCUIT COURT OF THE
NINETEENTH JUDICIAL CIRCUIT
IN AND FOR ST. LUCIE COUNTY,
FLORIDA
APPEALS DIVISION
CASE NO. 80-214 CA AP
THOMAS COLSON,
Appellant,
vs. -
ROOSEVEL'T' NELSON,
Appellee.
ORDER ON APPEAL
. THIS IS a landlord suh-tenant dispute. The trial
court found from the evidence that originally a written lease was
entered into and expired on January 1, 1980, without a written
renewal thereof although the sub-tenant continued on the premises
from January 1, 1980 until April 9, 1980.
The lower court also found that the sub-tenant had been
notified prior to the expiration of the lease of the renewal terms
should the sub-tenant care to remain in possession. The sub-tenant
not only never accepted the offer but was told on several occasions
j to vacate the premises. He failed to vacate the premises until
after a final formal three day notice was given. The landlord re-
quested double rent from January 1, 1980 until April 9, 1980,
together with costs and attorney fees.
3 Since this court can't re-evaluate the evidence and
g substitute its judgment for that of the trial court the question is
whether or not the "holding over" was a "tenancy at will" or a
"tenancy at sufferance," it accepts the findings of facts of the
~ trial court. (See Gross v. City of Riviera Beach, 267 So.2d 648
s
(4 DCA 1979).
The facts as determined by the "trier of the facts" fit
i
~ F.S. 83.04, which states:
"83.04 Holding over after term, tenancy
sufferance, etc.--When any tenancy created
by an instrument in writing, the term of
X343 P~E170Q
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