Chaudra Blackmon Patterson v. Russell Van Diepen
CourtDistrict Court of Appeal of Florida
Date FiledOctober 7, 2026
Docket1D2025-2879
StatusPublished
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Full Opinion
FIRST DISTRICT COURT OF APPEAL
STATE OF FLORIDA
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No. 1D2025-2879
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CHAUDRA BLACKMON
PATTERSON,
Appellant,
v.
RUSSELL VAN DIEPEN,
Appellee.
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On appeal from the County Court for Escambia County.
Barry E. Dickson, Jr., Judge.
October 7, 2026
PER CURIAM.
Appellee Russell Van Diepen and his wife co-own a single-
family residence which they leased to Appellant Chaudra
Blackmon-Patterson (“Tenant”). After Van Diepen filed this
residential eviction action, Tenant failed to timely deposit the
required past-due rent into the court registry. As a result, the trial
court entered a final judgment for possession and awarded Van
Diepen a $7,800 judgment for damages. For the following reasons,
we affirm the judgment for possession but reverse and remand the
judgment for damages.
We affirm the default judgment for possession because
Tenant’s nonpayment of the accrued rent into the court registry
entitled Van Diepen to “an immediate default judgment for
removal of the tenant with a writ of possession to issue without
further notice or hearing thereon.” § 83.60(2), Fla. Stat. (2025).
Tenant asserts on appeal that the trial court erred by not
dismissing the action due to the nonparty status of Van Diepen’s
wife, whom Tenant claims was an indispensable party. But, at
least with respect to the judgment for possession, the trial court
properly denied Tenant’s motion to dismiss based on the defense
of Van Diepen’s alleged failure to join an indispensable party.
Tenant’s failure to pay the rent into the court registry waived any
such defense to the claim for possession. See § 83.60(2), Fla. Stat.
(nonpayment of the accrued rent “constitutes an absolute waiver
of the tenant’s defenses other than payment”); see also Fla. R. Civ.
P. 1.140(b) (identifying “failure to join indispensable parties” as a
“defense”).
As to the judgment for damages, however, we reverse and
remand for further proceedings. The trial court ruled that Tenant
“failed to deposit rent monies into the court registry . . . to qualify
for a trial in this case.” But the registry deposit provisions in
section 83.60(2) only apply to “an action by the landlord for
possession of a dwelling unit,” not to an action for damages.
§ 83.60(2), Fla. Stat. In First Hanover v. Vazquez, the Third
District concluded that a default judgment and writ of possession
issued under section 83.60(2) would not apply to a separate cause
of action for damages. 848 So. 2d 1188, 1191 (Fla. 3d DCA 2003);
see also Zambrano v. Quintana, 435 So. 3d 687, 688–89 (Fla. 3d
DCA 2026) (same). Other districts have decided similarly. See
Famsun Invest, LLC v. Therault, 95 So. 3d 961, 963–64 (Fla. 4th
DCA 2012) (“A default under [the registry deposit statute]
determines only the possessory interest and does not resolve a
dispute for damages.”); Premici v. United Growth Props., L.P., 648
So. 2d 1241, 1243–44 (Fla. 5th DCA 1995) (holding that a registry-
based default only “results in a default for possession,” so the lower
court “should have tried” the disputed damages claim before
entering a final judgment). * We agree with the reasoning of our
* Although these cases applied the statutory provisions
governing nonresidential tenancies, not residential tenancies, both
statutes similarly provide that a failure to pay the outstanding
rent into the court registry entitles the landlord to an immediate
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sister districts and conclude that Tenant’s failure to deposit the
accrued rent into the court registry did not entitle Van Diepen to
judgment on his damages claim. The damages claim must be
separately adjudicated by the trial court. In doing so, the trial
court may consider any defenses properly raised by Tenant, about
which we express no opinion.
AFFIRMED in part; REVERSED in part and REMANDED.
ROBERTS, WINOKUR, and TREADWELL, JJ., concur.
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Not final until disposition of any timely and
authorized motion under Fla. R. App. P. 9.330 or
9.331.
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Daniel Clibbon and Patrick W. Jennings of Legal Services of North
Florida, Tallahassee, for Appellant.
No appearance for Appellee.
default for “possession.” §§ 83.232(5), 83.60(2), Fla. Stat.; see also
Zambrano, 435 So. 3d at 688 (noting the similarity between the
nonresidential statute, section 83.232(5), and the residential
statute, section 83.60(2)). We therefore find such cases to be
persuasive in the residential context.
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