Nihil v. Ochsenius, 5 Fla. L. Weekly Supp. 21a (Alachua Co.
The Court lacks subject matter
jurisdiction where the Eviction Complaint was based on occupancy under a contract for sale of a dwelling
Gerald F. Nihil, Plaintiff, v. Boris Rodrito
Ochsenius and Teresa Ochsenius, Defendants. County Court, 8th Judicial Circuit In And For Alachua County,
Florida. Civil Division. Case No. 97-3258-LT, Division IV. Order entered on August 14, 1997 by Judge Susan
Cite as: Nihil v. Ochsenius, 5 Fla. L. Weekly Supp. 21a (Alachua Co. 1997).
In this eviction proceeding, the Plaintiff, Gerald F. Nihil, as President of Sante Fe Complaint
(the "Landlord"), sued the defendants, Boris Rodrito Ochsenius and Teresa Ochsenius (the "Tenants"), for eviction
under the Florida Landlord and Tenant Act, Florida Statute § 83.42(2).
The Court in favor of the Tenants and found that the Court lacked jurisdiction to decide
the eviction case. Specifically, the Court found that the Tenants were in possession of the property through
a contract for sale of a dwelling unit and, as a result, they were not "tenants" as that term is defined under the
Florida eviction laws.
Accordingly, the Court dismissed the eviction
case for lack of subject matter jurisdiction.