Jeff Atlas v. Eli Cohen
CourtDistrict Court of Appeal of Florida
Date FiledAugust 20, 2026
Docket3D2025-1676
StatusPublished
📰 News Coverage: Read the LAWS.com news report on this case
Full Opinion
Third District Court of Appeal
State of Florida
Opinion filed August 20, 2026.
Not final until disposition of timely filed motion for rehearing.
________________
No. 3D25-1676
Lower Tribunal No. 20-746-CA-01
________________
Jeff Atlas and Susan Atlas,
Appellants,
vs.
Eli Cohen,
Appellee.
An Appeal from the Circuit Court for Miami-Dade County, Reemberto
Diaz, Judge.
Jeff Atlas and Susan Atlas, in proper persons.
Haber Law, LLP, and Ariella J. Gutman and Nardo Dorsin, for appellee.
Before MILLER, BOKOR and GOODEN, JJ.
PER CURIAM.
Affirmed. See Fla. R. Civ. P. 1.510(a) (“The court shall grant summary
judgment if the movant shows that there is no genuine dispute as to any
material fact and the movant is entitled to judgment as a matter of law.”); id.
at (c)(3) (“The court need consider only the cited materials, but it may
consider other materials in the record.”); id. at (c)(5) (“No later than 40 days
after service of the motion for summary judgment, the nonmovant must serve
a response that includes the nonmovant’s supporting factual position . . . .”);
§ 83.49(3)(a), Fla. Stat. (“If the landlord intends to impose a claim on the
deposit, the landlord must, within 30 days after the termination of the rental
agreement, provide the tenant written notice . . . . If the landlord fails to give
the required written notice within the 30-day period, he or she forfeits the
right to impose a claim upon the security deposit and may not seek a setoff
against the deposit but may file an action for damages after returning the
security deposit to the tenant.”); Siegel v. Tower Hill Signature Ins. Co., 225
So. 3d 974, 976 (Fla. 3d DCA 2017) (“We review the trial court's orders
granting final summary judgment de novo.”); see also Gessner v. S. Co., 51
Fla. L. Weekly S143, 2026 WL 1488160, at *7 n.10 (Fla. May 28, 2026).
2