Coral Gables, FL – December 1, 2025 — Barakat + Bossa secured a decisive appellate win on behalf of Delta Bay Investments, LLC in the Third District Court of Appeal of Florida, affirming the landlord’s right to immediate possession under Florida law. The rare, expedited appeal highlights the importance of swift remedies for commercial landlords and establishes a precedent for future cases.
The matter, 2010 NW 107 Ave LLC v. Delta Bay Investments LLC (No. 3D25-1923), is notable for its speed. From initial filing to appellate affirmation, the case was litigated and resolved in only four months—a pace virtually unheard of in commercial litigation. The Court’s opinion reflects scholarly rigor and a commitment to clarity and efficiency in landlord-tenant disputes.
Barakat + Bossa attorneys Angelique Gulla and Nicholas J. Diego, led the representation, navigating the accelerated appellate process and delivering a result that reinforces the firm’s reputation for strategic advocacy and efficient resolution of complex commercial matters.
Legal Significance for Commercial Landlords
The appellate court’s decision is a significant victory for commercial landlords who require prompt remedies when tenants breach their obligations. The opinion, authored by Judge Bronwyn Miller and joined by Judge Ivan Fernandez and Judge Kansas R. Gooden, affirms the principle that landlords must retain control over their property without undue delay. The court held that, under section 83.232(5), Florida Statutes, failure by the tenant to pay rent into the court registry as ordered constitutes an absolute waiver of defenses, entitling the landlord to immediate possession.
Nick Diego, a graduate of Barakat + Bossa’s Incubator Program, played a key role in this appeal. The program is designed to provide young lawyers with meaningful, hands-on experience in significant legal matters. Mr. Diego’s participation exemplifies the firm’s commitment to fostering the next generation of legal talent.
“Being able to work on the appeal firsthand and get a favorable result for our client was gratifying,” said Diego. “Getting a victory at this level while in my first year as an attorney gives me a sense of pride. I’m thankful for the confidence Barakat + Bossa has placed in me.”
This achievement would not have been possible without the invaluable contributions of Stephanie Trujillo, Camilo Rengifo, Estephany Lopez, and Annelise Palacio, whose dedication and attention to detail were instrumental throughout the appellate process.
ABOUT BARAKAT + BOSSA
Barakat + Bossa is a Chambers-ranked international business law firm trusted by entrepreneurs, privately held companies, and multinational corporations for more than two decades. The firm is renowned for its strategic, results-driven counsel in high-stakes legal matters. With a multicultural team fluent in more than a dozen languages, Barakat + Bossa helps clients navigate the U.S. legal market with clarity and confidence, serving businesses in Florida and around the world, including Europe, Asia, and Latin America.
Guided by its philosophy—Trained to Protect + Win—the firm combines deep legal expertise, relentless preparation, and a culture of scholarship and innovation. Its attorneys are recognized leaders in their fields and are committed to staying at the forefront of business law through publishing, teaching, and advanced training.
