Empathy List Archives

NB

Neil B. Shoter

Fri, Jul 27, 2012 6:46 PM

Question for the litigators: Lease contains a common mutual jury trial waiver. Tenant defaults. Landlord sues Tenant and the Guarantor. The Guaranty does not have jury trial waiver. What happens if the Guarantor wants a jury trial on both his liability and the underlying defenses to Tenant's underlying obligations?? Any experience with this?

[cid:image001.jpg@01CD6C06.1D0F54C0]

Neil B. Shoter
Partner / LEED Accredited Professional

Shutts & Bowen LLP
CityPlace Tower, 525 Okeechobee Blvd, Suite 1100 | West Palm Beach, FL 33401
Direct: (561) 650-8535 | Fax: (561) 822-5525
E-Mailmailto:NShoter@shutts.com | Biographyhttp://www.shutts.com/attorneys-Neil-Shoter.html | V-Cardhttp://www.shutts.com/vcard-181.vcf | Websitehttp://www.shutts.com

IRS CIRCULAR 230 NOTICE: Pursuant to recently enacted
U.S. Treasury Department Regulations, we are now required
to advise you that, unless otherwise expressly indicated,
any federal tax advice expressed above was neither
written nor intended by the sender or this firm to be
used and cannot be used by any taxpayer for the purpose
of avoiding penalties that may be imposed under U.S. tax
law. If any person uses or refers to any such tax advice
in promoting, marketing or recommending a partnership or
other entity, investment plan or arrangement to any
taxpayer, then the advice should be considered to have
been written to support the promotion or marketing by a
person other than the sender or this firm of that
transaction or matter, and such taxpayer should seek
advice based on the taxpayer's particular circumstances
from an independent tax advisor.

The information in this email transmission is privileged
and confidential. If you are not the intended recipient,
nor the employee or agent responsible for delivering it to
the intended recipient, you are hereby notified that any
dissemination or copying of this transmission (including
any attachments) is strictly prohibited. If you have
received this email in error, please notify the sender by
email reply. Thank you.

Question for the litigators: Lease contains a common mutual jury trial waiver. Tenant defaults. Landlord sues Tenant and the Guarantor. The Guaranty does not have jury trial waiver. What happens if the Guarantor wants a jury trial on both his liability and the underlying defenses to Tenant's underlying obligations?? Any experience with this? [cid:image001.jpg@01CD6C06.1D0F54C0] Neil B. Shoter Partner / LEED Accredited Professional ________________________________ Shutts & Bowen LLP CityPlace Tower, 525 Okeechobee Blvd, Suite 1100 | West Palm Beach, FL 33401 Direct: (561) 650-8535 | Fax: (561) 822-5525 E-Mail<mailto:NShoter@shutts.com> | Biography<http://www.shutts.com/attorneys-Neil-Shoter.html> | V-Card<http://www.shutts.com/vcard-181.vcf> | Website<http://www.shutts.com> IRS CIRCULAR 230 NOTICE: Pursuant to recently enacted U.S. Treasury Department Regulations, we are now required to advise you that, unless otherwise expressly indicated, any federal tax advice expressed above was neither written nor intended by the sender or this firm to be used and cannot be used by any taxpayer for the purpose of avoiding penalties that may be imposed under U.S. tax law. If any person uses or refers to any such tax advice in promoting, marketing or recommending a partnership or other entity, investment plan or arrangement to any taxpayer, then the advice should be considered to have been written to support the promotion or marketing by a person other than the sender or this firm of that transaction or matter, and such taxpayer should seek advice based on the taxpayer's particular circumstances from an independent tax advisor. The information in this email transmission is privileged and confidential. If you are not the intended recipient, nor the employee or agent responsible for delivering it to the intended recipient, you are hereby notified that any dissemination or copying of this transmission (including any attachments) is strictly prohibited. If you have received this email in error, please notify the sender by email reply. Thank you.

MF

Manuel Farach

Fri, Jul 27, 2012 7:03 PM

Neil,
There are a series of recent (within the past year) Florida cases which discuss when documents are to be read as one whole document and when they are not. To oversimplify their holdings, the cases state that separate documents will be considered one document when the parties express an intent to have all documents read as one whole document. To a certain extent, it’s a factual determination but you should be able to get a good sense of whether that was in the intent in this case.
I hope that helps.
Manny

[http://www.richmangreer.com/emailsig/logo.gif]

Manuel Farach / Of Counsel - Board Certified in Real Estate Law and Business Litigation by The Florida Bar

Richman Greer P.A.
One Clearlake Centre
Suite 1504
250 Australian Avenue South
West Palm Beach, Florida 33401
Office: 561.803.3500
Fax: 561.820.1608
Direct: 561.803.3501
Email: MFarach@richmangreer.com
www.RichmanGreer.com http://www.RichmanGreer.com

[http://www.richmangreer.com/emailsig/meritas.gif]

To ensure compliance with requirements imposed by the IRS, we inform
you that any U.S. federal tax advice contained in this communication (including
any attachments) is not intended or written to be used, and cannot be used, for
the purpose of (i) avoiding penalties under the Internal Revenue Code or (ii)
promoting, marketing or recommending to another party any transaction or matter
addressed herein.

This message contains confidential information and is intended for landten@lists.flabarrpptl.org. If you are not
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arise as a result of e-mail transmission. If verification is required please request a hard-copy version.

From: landten-bounces@lists.flabarrpptl.org [mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of Neil B. Shoter
Sent: Friday, July 27, 2012 2:46 PM
To: RPPTL Landlord Tenant Committee
Subject: [RPPTL LandTen] Jury Trial Waivers/Guaranty

Question for the litigators: Lease contains a common mutual jury trial waiver. Tenant defaults. Landlord sues Tenant and the Guarantor. The Guaranty does not have jury trial waiver. What happens if the Guarantor wants a jury trial on both his liability and the underlying defenses to Tenant’s underlying obligations?? Any experience with this?

[http://www.shutts.com/shutts100.jpg]

Neil B. Shoter
Partner / LEED Accredited Professional

Shutts & Bowen LLP
CityPlace Tower, 525 Okeechobee Blvd, Suite 1100 | West Palm Beach, FL 33401
Direct: (561) 650-8535 | Fax: (561) 822-5525
E-Mailmailto:NShoter@shutts.com | Biographyhttp://www.shutts.com/attorneys-Neil-Shoter.html | V-Cardhttp://www.shutts.com/vcard-181.vcf | Websitehttp://www.shutts.com

IRS CIRCULAR 230 NOTICE: Pursuant to recently enacted
U.S. Treasury Department Regulations, we are now required
to advise you that, unless otherwise expressly indicated,
any federal tax advice expressed above was neither
written nor intended by the sender or this firm to be
used and cannot be used by any taxpayer for the purpose
of avoiding penalties that may be imposed under U.S. tax
law. If any person uses or refers to any such tax advice
in promoting, marketing or recommending a partnership or
other entity, investment plan or arrangement to any
taxpayer, then the advice should be considered to have
been written to support the promotion or marketing by a
person other than the sender or this firm of that
transaction or matter, and such taxpayer should seek
advice based on the taxpayer's particular circumstances
from an independent tax advisor.

The information in this email transmission is privileged
and confidential. If you are not the intended recipient,
nor the employee or agent responsible for delivering it to
the intended recipient, you are hereby notified that any
dissemination or copying of this transmission (including
any attachments) is strictly prohibited. If you have
received this email in error, please notify the sender by
email reply. Thank you.

Neil, There are a series of recent (within the past year) Florida cases which discuss when documents are to be read as one whole document and when they are not. To oversimplify their holdings, the cases state that separate documents will be considered one document when the parties express an intent to have all documents read as one whole document. To a certain extent, it’s a factual determination but you should be able to get a good sense of whether that was in the intent in this case. I hope that helps. Manny ________________________________ [http://www.richmangreer.com/emailsig/logo.gif] Manuel Farach / Of Counsel - Board Certified in Real Estate Law and Business Litigation by The Florida Bar Richman Greer P.A. One Clearlake Centre Suite 1504 250 Australian Avenue South West Palm Beach, Florida 33401 Office: 561.803.3500 Fax: 561.820.1608 Direct: 561.803.3501 Email: MFarach@richmangreer.com www.RichmanGreer.com<http://www.RichmanGreer.com> [http://www.richmangreer.com/emailsig/meritas.gif] To ensure compliance with requirements imposed by the IRS, we inform you that any U.S. federal tax advice contained in this communication (including any attachments) is not intended or written to be used, and cannot be used, for the purpose of (i) avoiding penalties under the Internal Revenue Code or (ii) promoting, marketing or recommending to another party any transaction or matter addressed herein. This message contains confidential information and is intended for landten@lists.flabarrpptl.org. If you are not landten@lists.flabarrpptl.org you are notified that disclosing, copying, distributing or taking any action in reliance on the contents of this information is strictly prohibited. E-mail transmission cannot be guarranteed to be secure or error-free as information could be intercepted, corrupted, lost, destroyed, arrive late or incomplete, or contain viruses. The sender (MFarach@richmangreer.com) therefore does not accept liability for any errors or omissions in the contents of this message, which arise as a result of e-mail transmission. If verification is required please request a hard-copy version. ________________________________ From: landten-bounces@lists.flabarrpptl.org [mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of Neil B. Shoter Sent: Friday, July 27, 2012 2:46 PM To: RPPTL Landlord Tenant Committee Subject: [RPPTL LandTen] Jury Trial Waivers/Guaranty Question for the litigators: Lease contains a common mutual jury trial waiver. Tenant defaults. Landlord sues Tenant and the Guarantor. The Guaranty does not have jury trial waiver. What happens if the Guarantor wants a jury trial on both his liability and the underlying defenses to Tenant’s underlying obligations?? Any experience with this? [http://www.shutts.com/shutts100.jpg] Neil B. Shoter Partner / LEED Accredited Professional ________________________________ Shutts & Bowen LLP CityPlace Tower, 525 Okeechobee Blvd, Suite 1100 | West Palm Beach, FL 33401 Direct: (561) 650-8535 | Fax: (561) 822-5525 E-Mail<mailto:NShoter@shutts.com> | Biography<http://www.shutts.com/attorneys-Neil-Shoter.html> | V-Card<http://www.shutts.com/vcard-181.vcf> | Website<http://www.shutts.com> IRS CIRCULAR 230 NOTICE: Pursuant to recently enacted U.S. Treasury Department Regulations, we are now required to advise you that, unless otherwise expressly indicated, any federal tax advice expressed above was neither written nor intended by the sender or this firm to be used and cannot be used by any taxpayer for the purpose of avoiding penalties that may be imposed under U.S. tax law. If any person uses or refers to any such tax advice in promoting, marketing or recommending a partnership or other entity, investment plan or arrangement to any taxpayer, then the advice should be considered to have been written to support the promotion or marketing by a person other than the sender or this firm of that transaction or matter, and such taxpayer should seek advice based on the taxpayer's particular circumstances from an independent tax advisor. The information in this email transmission is privileged and confidential. If you are not the intended recipient, nor the employee or agent responsible for delivering it to the intended recipient, you are hereby notified that any dissemination or copying of this transmission (including any attachments) is strictly prohibited. If you have received this email in error, please notify the sender by email reply. Thank you.

MS

Marc Shuster

Fri, Jul 27, 2012 7:44 PM

Guarantor has a right to jury trial on the claim against him as to his payment obligation. If guarantor has right to raise defenses he may have a right to jury trial - overall not a simple answer

Marc Stephen Shuster
Berger Singerman LLP
1450 Brickell Ave., Suite 1900
Miami, FL 33131
Office + 1 305 982 4080
Cell +1 954 257 9059
mshuster@bergersingerman.com mailto:mshuster@bergersingerman.com

From: landten-bounces@lists.flabarrpptl.org [mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of Neil B. Shoter
Sent: Friday, July 27, 2012 2:46 PM
To: RPPTL Landlord Tenant Committee
Subject: [RPPTL LandTen] Jury Trial Waivers/Guaranty

Question for the litigators: Lease contains a common mutual jury trial waiver. Tenant defaults. Landlord sues Tenant and the Guarantor. The Guaranty does not have jury trial waiver. What happens if the Guarantor wants a jury trial on both his liability and the underlying defenses to Tenant's underlying obligations?? Any experience with this?

[http://www.shutts.com/shutts100.jpg]

Neil B. Shoter
Partner / LEED Accredited Professional

Shutts & Bowen LLP
CityPlace Tower, 525 Okeechobee Blvd, Suite 1100 | West Palm Beach, FL 33401
Direct: (561) 650-8535 | Fax: (561) 822-5525
E-Mailmailto:NShoter@shutts.com | Biographyhttp://www.shutts.com/attorneys-Neil-Shoter.html | V-Cardhttp://www.shutts.com/vcard-181.vcf | Websitehttp://www.shutts.com

IRS CIRCULAR 230 NOTICE: Pursuant to recently enacted
U.S. Treasury Department Regulations, we are now required
to advise you that, unless otherwise expressly indicated,
any federal tax advice expressed above was neither
written nor intended by the sender or this firm to be
used and cannot be used by any taxpayer for the purpose
of avoiding penalties that may be imposed under U.S. tax
law. If any person uses or refers to any such tax advice
in promoting, marketing or recommending a partnership or
other entity, investment plan or arrangement to any
taxpayer, then the advice should be considered to have
been written to support the promotion or marketing by a
person other than the sender or this firm of that
transaction or matter, and such taxpayer should seek
advice based on the taxpayer's particular circumstances
from an independent tax advisor.

The information in this email transmission is privileged
and confidential. If you are not the intended recipient,
nor the employee or agent responsible for delivering it to
the intended recipient, you are hereby notified that any
dissemination or copying of this transmission (including
any attachments) is strictly prohibited. If you have
received this email in error, please notify the sender by
email reply. Thank you.

Guarantor has a right to jury trial on the claim against him as to his payment obligation. If guarantor has right to raise defenses he may have a right to jury trial - overall not a simple answer Marc Stephen Shuster Berger Singerman LLP 1450 Brickell Ave., Suite 1900 Miami, FL 33131 Office + 1 305 982 4080 Cell +1 954 257 9059 mshuster@bergersingerman.com<mailto:mshuster@bergersingerman.com> From: landten-bounces@lists.flabarrpptl.org [mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of Neil B. Shoter Sent: Friday, July 27, 2012 2:46 PM To: RPPTL Landlord Tenant Committee Subject: [RPPTL LandTen] Jury Trial Waivers/Guaranty Question for the litigators: Lease contains a common mutual jury trial waiver. Tenant defaults. Landlord sues Tenant and the Guarantor. The Guaranty does not have jury trial waiver. What happens if the Guarantor wants a jury trial on both his liability and the underlying defenses to Tenant's underlying obligations?? Any experience with this? [http://www.shutts.com/shutts100.jpg] Neil B. Shoter Partner / LEED Accredited Professional ________________________________ Shutts & Bowen LLP CityPlace Tower, 525 Okeechobee Blvd, Suite 1100 | West Palm Beach, FL 33401 Direct: (561) 650-8535 | Fax: (561) 822-5525 E-Mail<mailto:NShoter@shutts.com> | Biography<http://www.shutts.com/attorneys-Neil-Shoter.html> | V-Card<http://www.shutts.com/vcard-181.vcf> | Website<http://www.shutts.com> IRS CIRCULAR 230 NOTICE: Pursuant to recently enacted U.S. Treasury Department Regulations, we are now required to advise you that, unless otherwise expressly indicated, any federal tax advice expressed above was neither written nor intended by the sender or this firm to be used and cannot be used by any taxpayer for the purpose of avoiding penalties that may be imposed under U.S. tax law. If any person uses or refers to any such tax advice in promoting, marketing or recommending a partnership or other entity, investment plan or arrangement to any taxpayer, then the advice should be considered to have been written to support the promotion or marketing by a person other than the sender or this firm of that transaction or matter, and such taxpayer should seek advice based on the taxpayer's particular circumstances from an independent tax advisor. The information in this email transmission is privileged and confidential. If you are not the intended recipient, nor the employee or agent responsible for delivering it to the intended recipient, you are hereby notified that any dissemination or copying of this transmission (including any attachments) is strictly prohibited. If you have received this email in error, please notify the sender by email reply. Thank you.

NB

Neil B. Shoter

Fri, Jul 27, 2012 7:56 PM

Thanks Marc, if it was simple...no one would need attorneys!

[cid:image001.jpg@01CD6C10.5356B3C0]

Neil B. Shoter
Partner / LEED Accredited Professional

Shutts & Bowen LLP
CityPlace Tower, 525 Okeechobee Blvd, Suite 1100 | West Palm Beach, FL 33401
Direct: (561) 650-8535 | Fax: (561) 822-5525
E-Mailmailto:NShoter@shutts.com | Biographyhttp://www.shutts.com/attorneys-Neil-Shoter.html | V-Cardhttp://www.shutts.com/vcard-181.vcf | Websitehttp://www.shutts.com

From: landten-bounces@lists.flabarrpptl.org [mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of Marc Shuster
Sent: Friday, July 27, 2012 3:45 PM
To: RPPTL Landlord Tenant Committee
Subject: Re: [RPPTL LandTen] Jury Trial Waivers/Guaranty

Guarantor has a right to jury trial on the claim against him as to his payment obligation. If guarantor has right to raise defenses he may have a right to jury trial - overall not a simple answer

Marc Stephen Shuster
Berger Singerman LLP
1450 Brickell Ave., Suite 1900
Miami, FL 33131
Office + 1 305 982 4080
Cell +1 954 257 9059
mshuster@bergersingerman.com mailto:mshuster@bergersingerman.com

From: landten-bounces@lists.flabarrpptl.org mailto:landten-bounces@lists.flabarrpptl.org [mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of Neil B. Shoter
Sent: Friday, July 27, 2012 2:46 PM
To: RPPTL Landlord Tenant Committee
Subject: [RPPTL LandTen] Jury Trial Waivers/Guaranty

Question for the litigators: Lease contains a common mutual jury trial waiver. Tenant defaults. Landlord sues Tenant and the Guarantor. The Guaranty does not have jury trial waiver. What happens if the Guarantor wants a jury trial on both his liability and the underlying defenses to Tenant's underlying obligations?? Any experience with this?

[cid:image001.jpg@01CD6C10.5356B3C0]

Neil B. Shoter
Partner / LEED Accredited Professional

Shutts & Bowen LLP
CityPlace Tower, 525 Okeechobee Blvd, Suite 1100 | West Palm Beach, FL 33401
Direct: (561) 650-8535 | Fax: (561) 822-5525
E-Mailmailto:NShoter@shutts.com | Biographyhttp://www.shutts.com/attorneys-Neil-Shoter.html | V-Cardhttp://www.shutts.com/vcard-181.vcf | Websitehttp://www.shutts.com

IRS CIRCULAR 230 NOTICE: Pursuant to recently enacted
U.S. Treasury Department Regulations, we are now required
to advise you that, unless otherwise expressly indicated,
any federal tax advice expressed above was neither
written nor intended by the sender or this firm to be
used and cannot be used by any taxpayer for the purpose
of avoiding penalties that may be imposed under U.S. tax
law. If any person uses or refers to any such tax advice
in promoting, marketing or recommending a partnership or
other entity, investment plan or arrangement to any
taxpayer, then the advice should be considered to have
been written to support the promotion or marketing by a
person other than the sender or this firm of that
transaction or matter, and such taxpayer should seek
advice based on the taxpayer's particular circumstances
from an independent tax advisor.

The information in this email transmission is privileged
and confidential. If you are not the intended recipient,
nor the employee or agent responsible for delivering it to
the intended recipient, you are hereby notified that any
dissemination or copying of this transmission (including
any attachments) is strictly prohibited. If you have
received this email in error, please notify the sender by
email reply. Thank you.

Thanks Marc, if it was simple...no one would need attorneys! [cid:image001.jpg@01CD6C10.5356B3C0] Neil B. Shoter Partner / LEED Accredited Professional ________________________________ Shutts & Bowen LLP CityPlace Tower, 525 Okeechobee Blvd, Suite 1100 | West Palm Beach, FL 33401 Direct: (561) 650-8535 | Fax: (561) 822-5525 E-Mail<mailto:NShoter@shutts.com> | Biography<http://www.shutts.com/attorneys-Neil-Shoter.html> | V-Card<http://www.shutts.com/vcard-181.vcf> | Website<http://www.shutts.com> From: landten-bounces@lists.flabarrpptl.org [mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of Marc Shuster Sent: Friday, July 27, 2012 3:45 PM To: RPPTL Landlord Tenant Committee Subject: Re: [RPPTL LandTen] Jury Trial Waivers/Guaranty Guarantor has a right to jury trial on the claim against him as to his payment obligation. If guarantor has right to raise defenses he may have a right to jury trial - overall not a simple answer Marc Stephen Shuster Berger Singerman LLP 1450 Brickell Ave., Suite 1900 Miami, FL 33131 Office + 1 305 982 4080 Cell +1 954 257 9059 mshuster@bergersingerman.com<mailto:mshuster@bergersingerman.com> From: landten-bounces@lists.flabarrpptl.org<mailto:landten-bounces@lists.flabarrpptl.org> [mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of Neil B. Shoter Sent: Friday, July 27, 2012 2:46 PM To: RPPTL Landlord Tenant Committee Subject: [RPPTL LandTen] Jury Trial Waivers/Guaranty Question for the litigators: Lease contains a common mutual jury trial waiver. Tenant defaults. Landlord sues Tenant and the Guarantor. The Guaranty does not have jury trial waiver. What happens if the Guarantor wants a jury trial on both his liability and the underlying defenses to Tenant's underlying obligations?? Any experience with this? [cid:image001.jpg@01CD6C10.5356B3C0] Neil B. Shoter Partner / LEED Accredited Professional ________________________________ Shutts & Bowen LLP CityPlace Tower, 525 Okeechobee Blvd, Suite 1100 | West Palm Beach, FL 33401 Direct: (561) 650-8535 | Fax: (561) 822-5525 E-Mail<mailto:NShoter@shutts.com> | Biography<http://www.shutts.com/attorneys-Neil-Shoter.html> | V-Card<http://www.shutts.com/vcard-181.vcf> | Website<http://www.shutts.com> IRS CIRCULAR 230 NOTICE: Pursuant to recently enacted U.S. Treasury Department Regulations, we are now required to advise you that, unless otherwise expressly indicated, any federal tax advice expressed above was neither written nor intended by the sender or this firm to be used and cannot be used by any taxpayer for the purpose of avoiding penalties that may be imposed under U.S. tax law. If any person uses or refers to any such tax advice in promoting, marketing or recommending a partnership or other entity, investment plan or arrangement to any taxpayer, then the advice should be considered to have been written to support the promotion or marketing by a person other than the sender or this firm of that transaction or matter, and such taxpayer should seek advice based on the taxpayer's particular circumstances from an independent tax advisor. The information in this email transmission is privileged and confidential. If you are not the intended recipient, nor the employee or agent responsible for delivering it to the intended recipient, you are hereby notified that any dissemination or copying of this transmission (including any attachments) is strictly prohibited. If you have received this email in error, please notify the sender by email reply. Thank you.

MS

Marc Shuster

Fri, Jul 27, 2012 7:56 PM

Right you are Neil!

Marc Stephen Shuster
Berger Singerman LLP
1450 Brickell Ave., Suite 1900
Miami, FL 33131
Office + 1 305 982 4080
Cell +1 954 257 9059
mshuster@bergersingerman.com mailto:mshuster@bergersingerman.com

From: landten-bounces@lists.flabarrpptl.org [mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of Neil B. Shoter
Sent: Friday, July 27, 2012 3:56 PM
To: 'RPPTL Landlord Tenant Committee'
Subject: Re: [RPPTL LandTen] Jury Trial Waivers/Guaranty

Thanks Marc, if it was simple...no one would need attorneys!

[http://www.shutts.com/shutts100.jpg]

Neil B. Shoter
Partner / LEED Accredited Professional

Shutts & Bowen LLP
CityPlace Tower, 525 Okeechobee Blvd, Suite 1100 | West Palm Beach, FL 33401
Direct: (561) 650-8535 | Fax: (561) 822-5525
E-Mailmailto:NShoter@shutts.com | Biographyhttp://www.shutts.com/attorneys-Neil-Shoter.html | V-Cardhttp://www.shutts.com/vcard-181.vcf | Websitehttp://www.shutts.com

From: landten-bounces@lists.flabarrpptl.org mailto:landten-bounces@lists.flabarrpptl.org [mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of Marc Shuster
Sent: Friday, July 27, 2012 3:45 PM
To: RPPTL Landlord Tenant Committee
Subject: Re: [RPPTL LandTen] Jury Trial Waivers/Guaranty

Guarantor has a right to jury trial on the claim against him as to his payment obligation. If guarantor has right to raise defenses he may have a right to jury trial - overall not a simple answer

Marc Stephen Shuster
Berger Singerman LLP
1450 Brickell Ave., Suite 1900
Miami, FL 33131
Office + 1 305 982 4080
Cell +1 954 257 9059
mshuster@bergersingerman.com mailto:mshuster@bergersingerman.com

From: landten-bounces@lists.flabarrpptl.org mailto:landten-bounces@lists.flabarrpptl.org [mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of Neil B. Shoter
Sent: Friday, July 27, 2012 2:46 PM
To: RPPTL Landlord Tenant Committee
Subject: [RPPTL LandTen] Jury Trial Waivers/Guaranty

Question for the litigators: Lease contains a common mutual jury trial waiver. Tenant defaults. Landlord sues Tenant and the Guarantor. The Guaranty does not have jury trial waiver. What happens if the Guarantor wants a jury trial on both his liability and the underlying defenses to Tenant's underlying obligations?? Any experience with this?

[http://www.shutts.com/shutts100.jpg]

Neil B. Shoter
Partner / LEED Accredited Professional

Shutts & Bowen LLP
CityPlace Tower, 525 Okeechobee Blvd, Suite 1100 | West Palm Beach, FL 33401
Direct: (561) 650-8535 | Fax: (561) 822-5525
E-Mailmailto:NShoter@shutts.com | Biographyhttp://www.shutts.com/attorneys-Neil-Shoter.html | V-Cardhttp://www.shutts.com/vcard-181.vcf | Websitehttp://www.shutts.com

IRS CIRCULAR 230 NOTICE: Pursuant to recently enacted
U.S. Treasury Department Regulations, we are now required
to advise you that, unless otherwise expressly indicated,
any federal tax advice expressed above was neither
written nor intended by the sender or this firm to be
used and cannot be used by any taxpayer for the purpose
of avoiding penalties that may be imposed under U.S. tax
law. If any person uses or refers to any such tax advice
in promoting, marketing or recommending a partnership or
other entity, investment plan or arrangement to any
taxpayer, then the advice should be considered to have
been written to support the promotion or marketing by a
person other than the sender or this firm of that
transaction or matter, and such taxpayer should seek
advice based on the taxpayer's particular circumstances
from an independent tax advisor.

The information in this email transmission is privileged
and confidential. If you are not the intended recipient,
nor the employee or agent responsible for delivering it to
the intended recipient, you are hereby notified that any
dissemination or copying of this transmission (including
any attachments) is strictly prohibited. If you have
received this email in error, please notify the sender by
email reply. Thank you.

Right you are Neil! Marc Stephen Shuster Berger Singerman LLP 1450 Brickell Ave., Suite 1900 Miami, FL 33131 Office + 1 305 982 4080 Cell +1 954 257 9059 mshuster@bergersingerman.com<mailto:mshuster@bergersingerman.com> From: landten-bounces@lists.flabarrpptl.org [mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of Neil B. Shoter Sent: Friday, July 27, 2012 3:56 PM To: 'RPPTL Landlord Tenant Committee' Subject: Re: [RPPTL LandTen] Jury Trial Waivers/Guaranty Thanks Marc, if it was simple...no one would need attorneys! [http://www.shutts.com/shutts100.jpg] Neil B. Shoter Partner / LEED Accredited Professional ________________________________ Shutts & Bowen LLP CityPlace Tower, 525 Okeechobee Blvd, Suite 1100 | West Palm Beach, FL 33401 Direct: (561) 650-8535 | Fax: (561) 822-5525 E-Mail<mailto:NShoter@shutts.com> | Biography<http://www.shutts.com/attorneys-Neil-Shoter.html> | V-Card<http://www.shutts.com/vcard-181.vcf> | Website<http://www.shutts.com> From: landten-bounces@lists.flabarrpptl.org<mailto:landten-bounces@lists.flabarrpptl.org> [mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of Marc Shuster Sent: Friday, July 27, 2012 3:45 PM To: RPPTL Landlord Tenant Committee Subject: Re: [RPPTL LandTen] Jury Trial Waivers/Guaranty Guarantor has a right to jury trial on the claim against him as to his payment obligation. If guarantor has right to raise defenses he may have a right to jury trial - overall not a simple answer Marc Stephen Shuster Berger Singerman LLP 1450 Brickell Ave., Suite 1900 Miami, FL 33131 Office + 1 305 982 4080 Cell +1 954 257 9059 mshuster@bergersingerman.com<mailto:mshuster@bergersingerman.com> From: landten-bounces@lists.flabarrpptl.org<mailto:landten-bounces@lists.flabarrpptl.org> [mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of Neil B. Shoter Sent: Friday, July 27, 2012 2:46 PM To: RPPTL Landlord Tenant Committee Subject: [RPPTL LandTen] Jury Trial Waivers/Guaranty Question for the litigators: Lease contains a common mutual jury trial waiver. Tenant defaults. Landlord sues Tenant and the Guarantor. The Guaranty does not have jury trial waiver. What happens if the Guarantor wants a jury trial on both his liability and the underlying defenses to Tenant's underlying obligations?? Any experience with this? [http://www.shutts.com/shutts100.jpg] Neil B. Shoter Partner / LEED Accredited Professional ________________________________ Shutts & Bowen LLP CityPlace Tower, 525 Okeechobee Blvd, Suite 1100 | West Palm Beach, FL 33401 Direct: (561) 650-8535 | Fax: (561) 822-5525 E-Mail<mailto:NShoter@shutts.com> | Biography<http://www.shutts.com/attorneys-Neil-Shoter.html> | V-Card<http://www.shutts.com/vcard-181.vcf> | Website<http://www.shutts.com> IRS CIRCULAR 230 NOTICE: Pursuant to recently enacted U.S. Treasury Department Regulations, we are now required to advise you that, unless otherwise expressly indicated, any federal tax advice expressed above was neither written nor intended by the sender or this firm to be used and cannot be used by any taxpayer for the purpose of avoiding penalties that may be imposed under U.S. tax law. If any person uses or refers to any such tax advice in promoting, marketing or recommending a partnership or other entity, investment plan or arrangement to any taxpayer, then the advice should be considered to have been written to support the promotion or marketing by a person other than the sender or this firm of that transaction or matter, and such taxpayer should seek advice based on the taxpayer's particular circumstances from an independent tax advisor. The information in this email transmission is privileged and confidential. If you are not the intended recipient, nor the employee or agent responsible for delivering it to the intended recipient, you are hereby notified that any dissemination or copying of this transmission (including any attachments) is strictly prohibited. If you have received this email in error, please notify the sender by email reply. Thank you.

DD

Drobner, David S.

Fri, Jul 27, 2012 8:10 PM

Sometimes we see language that addresses it actually speaking to consolidation - but I've always wondered if it works... like the following - anyone know if this is enforceable in FL?

THE PARTIES HEREBY WAIVE TRIAL BY JURY IN ANY ACTION, PROCEEDING OR COUNTERCLAIM BROUGHT BY EITHER PARTY AGAINST THE OTHER ON ANY MATTER WHATSOEVER ARISING OUT OF OR IN ANY WAY CONNECTED WITH THIS AGREEMENT, THE RELATIONSHIP OF THE PARTIES CREATED HEREBY, AND/OR ANY CLAIM FOR DAMAGE. THE PARTIES FURTHER HEREBY WAIVE THE RIGHT TO CONSOLIDATE ANY ACTION IN WHICH A JURY TRIAL HAS BEEN WAIVED WITH ANY OTHER ACTION IN WHICH A JURY TRIAL HAS NOT BEEN WAIVED.

From: landten-bounces@lists.flabarrpptl.org [mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of Neil B. Shoter
Sent: Friday, July 27, 2012 3:56 PM
To: 'RPPTL Landlord Tenant Committee'
Subject: Re: [RPPTL LandTen] Jury Trial Waivers/Guaranty

Thanks Marc, if it was simple...no one would need attorneys!

[http://www.shutts.com/shutts100.jpg]

Neil B. Shoter
Partner / LEED Accredited Professional

Shutts & Bowen LLP
CityPlace Tower, 525 Okeechobee Blvd, Suite 1100 | West Palm Beach, FL 33401
Direct: (561) 650-8535 | Fax: (561) 822-5525
E-Mailmailto:NShoter@shutts.com | Biographyhttp://www.shutts.com/attorneys-Neil-Shoter.html | V-Cardhttp://www.shutts.com/vcard-181.vcf | Websitehttp://www.shutts.com

From: landten-bounces@lists.flabarrpptl.org [mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of Marc Shuster
Sent: Friday, July 27, 2012 3:45 PM
To: RPPTL Landlord Tenant Committee
Subject: Re: [RPPTL LandTen] Jury Trial Waivers/Guaranty

Guarantor has a right to jury trial on the claim against him as to his payment obligation. If guarantor has right to raise defenses he may have a right to jury trial - overall not a simple answer

Marc Stephen Shuster
Berger Singerman LLP
1450 Brickell Ave., Suite 1900
Miami, FL 33131
Office + 1 305 982 4080
Cell +1 954 257 9059
mshuster@bergersingerman.com mailto:mshuster@bergersingerman.com

From: landten-bounces@lists.flabarrpptl.org mailto:landten-bounces@lists.flabarrpptl.org [mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of Neil B. Shoter
Sent: Friday, July 27, 2012 2:46 PM
To: RPPTL Landlord Tenant Committee
Subject: [RPPTL LandTen] Jury Trial Waivers/Guaranty

Question for the litigators: Lease contains a common mutual jury trial waiver. Tenant defaults. Landlord sues Tenant and the Guarantor. The Guaranty does not have jury trial waiver. What happens if the Guarantor wants a jury trial on both his liability and the underlying defenses to Tenant's underlying obligations?? Any experience with this?

[http://www.shutts.com/shutts100.jpg]

Neil B. Shoter
Partner / LEED Accredited Professional

Shutts & Bowen LLP
CityPlace Tower, 525 Okeechobee Blvd, Suite 1100 | West Palm Beach, FL 33401
Direct: (561) 650-8535 | Fax: (561) 822-5525
E-Mailmailto:NShoter@shutts.com | Biographyhttp://www.shutts.com/attorneys-Neil-Shoter.html | V-Cardhttp://www.shutts.com/vcard-181.vcf | Websitehttp://www.shutts.com

IRS CIRCULAR 230 NOTICE: Pursuant to recently enacted
U.S. Treasury Department Regulations, we are now required
to advise you that, unless otherwise expressly indicated,
any federal tax advice expressed above was neither
written nor intended by the sender or this firm to be
used and cannot be used by any taxpayer for the purpose
of avoiding penalties that may be imposed under U.S. tax
law. If any person uses or refers to any such tax advice
in promoting, marketing or recommending a partnership or
other entity, investment plan or arrangement to any
taxpayer, then the advice should be considered to have
been written to support the promotion or marketing by a
person other than the sender or this firm of that
transaction or matter, and such taxpayer should seek
advice based on the taxpayer's particular circumstances
from an independent tax advisor.

The information in this email transmission is privileged
and confidential. If you are not the intended recipient,
nor the employee or agent responsible for delivering it to
the intended recipient, you are hereby notified that any
dissemination or copying of this transmission (including
any attachments) is strictly prohibited. If you have
received this email in error, please notify the sender by
email reply. Thank you.

Sometimes we see language that addresses it actually speaking to consolidation - but I've always wondered if it works... like the following - anyone know if this is enforceable in FL? THE PARTIES HEREBY WAIVE TRIAL BY JURY IN ANY ACTION, PROCEEDING OR COUNTERCLAIM BROUGHT BY EITHER PARTY AGAINST THE OTHER ON ANY MATTER WHATSOEVER ARISING OUT OF OR IN ANY WAY CONNECTED WITH THIS AGREEMENT, THE RELATIONSHIP OF THE PARTIES CREATED HEREBY, AND/OR ANY CLAIM FOR DAMAGE. THE PARTIES FURTHER HEREBY WAIVE THE RIGHT TO CONSOLIDATE ANY ACTION IN WHICH A JURY TRIAL HAS BEEN WAIVED WITH ANY OTHER ACTION IN WHICH A JURY TRIAL HAS NOT BEEN WAIVED. From: landten-bounces@lists.flabarrpptl.org [mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of Neil B. Shoter Sent: Friday, July 27, 2012 3:56 PM To: 'RPPTL Landlord Tenant Committee' Subject: Re: [RPPTL LandTen] Jury Trial Waivers/Guaranty Thanks Marc, if it was simple...no one would need attorneys! [http://www.shutts.com/shutts100.jpg] Neil B. Shoter Partner / LEED Accredited Professional ________________________________ Shutts & Bowen LLP CityPlace Tower, 525 Okeechobee Blvd, Suite 1100 | West Palm Beach, FL 33401 Direct: (561) 650-8535 | Fax: (561) 822-5525 E-Mail<mailto:NShoter@shutts.com> | Biography<http://www.shutts.com/attorneys-Neil-Shoter.html> | V-Card<http://www.shutts.com/vcard-181.vcf> | Website<http://www.shutts.com> From: landten-bounces@lists.flabarrpptl.org [mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of Marc Shuster Sent: Friday, July 27, 2012 3:45 PM To: RPPTL Landlord Tenant Committee Subject: Re: [RPPTL LandTen] Jury Trial Waivers/Guaranty Guarantor has a right to jury trial on the claim against him as to his payment obligation. If guarantor has right to raise defenses he may have a right to jury trial - overall not a simple answer Marc Stephen Shuster Berger Singerman LLP 1450 Brickell Ave., Suite 1900 Miami, FL 33131 Office + 1 305 982 4080 Cell +1 954 257 9059 mshuster@bergersingerman.com<mailto:mshuster@bergersingerman.com> From: landten-bounces@lists.flabarrpptl.org<mailto:landten-bounces@lists.flabarrpptl.org> [mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of Neil B. Shoter Sent: Friday, July 27, 2012 2:46 PM To: RPPTL Landlord Tenant Committee Subject: [RPPTL LandTen] Jury Trial Waivers/Guaranty Question for the litigators: Lease contains a common mutual jury trial waiver. Tenant defaults. Landlord sues Tenant and the Guarantor. The Guaranty does not have jury trial waiver. What happens if the Guarantor wants a jury trial on both his liability and the underlying defenses to Tenant's underlying obligations?? Any experience with this? [http://www.shutts.com/shutts100.jpg] Neil B. Shoter Partner / LEED Accredited Professional ________________________________ Shutts & Bowen LLP CityPlace Tower, 525 Okeechobee Blvd, Suite 1100 | West Palm Beach, FL 33401 Direct: (561) 650-8535 | Fax: (561) 822-5525 E-Mail<mailto:NShoter@shutts.com> | Biography<http://www.shutts.com/attorneys-Neil-Shoter.html> | V-Card<http://www.shutts.com/vcard-181.vcf> | Website<http://www.shutts.com> IRS CIRCULAR 230 NOTICE: Pursuant to recently enacted U.S. Treasury Department Regulations, we are now required to advise you that, unless otherwise expressly indicated, any federal tax advice expressed above was neither written nor intended by the sender or this firm to be used and cannot be used by any taxpayer for the purpose of avoiding penalties that may be imposed under U.S. tax law. If any person uses or refers to any such tax advice in promoting, marketing or recommending a partnership or other entity, investment plan or arrangement to any taxpayer, then the advice should be considered to have been written to support the promotion or marketing by a person other than the sender or this firm of that transaction or matter, and such taxpayer should seek advice based on the taxpayer's particular circumstances from an independent tax advisor. The information in this email transmission is privileged and confidential. If you are not the intended recipient, nor the employee or agent responsible for delivering it to the intended recipient, you are hereby notified that any dissemination or copying of this transmission (including any attachments) is strictly prohibited. If you have received this email in error, please notify the sender by email reply. Thank you.

NB

Neil B. Shoter

Fri, Jul 27, 2012 8:21 PM

Thanks David, I have not seen this.

[cid:image001.jpg@01CD6C13.DD9DB0D0]

Neil B. Shoter
Partner / LEED Accredited Professional

Shutts & Bowen LLP
CityPlace Tower, 525 Okeechobee Blvd, Suite 1100 | West Palm Beach, FL 33401
Direct: (561) 650-8535 | Fax: (561) 822-5525
E-Mailmailto:NShoter@shutts.com | Biographyhttp://www.shutts.com/attorneys-Neil-Shoter.html | V-Cardhttp://www.shutts.com/vcard-181.vcf | Websitehttp://www.shutts.com

From: landten-bounces@lists.flabarrpptl.org [mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of Drobner, David S.
Sent: Friday, July 27, 2012 4:11 PM
To: RPPTL Landlord Tenant Committee
Subject: Re: [RPPTL LandTen] Jury Trial Waivers/Guaranty

Sometimes we see language that addresses it actually speaking to consolidation - but I've always wondered if it works... like the following - anyone know if this is enforceable in FL?

THE PARTIES HEREBY WAIVE TRIAL BY JURY IN ANY ACTION, PROCEEDING OR COUNTERCLAIM BROUGHT BY EITHER PARTY AGAINST THE OTHER ON ANY MATTER WHATSOEVER ARISING OUT OF OR IN ANY WAY CONNECTED WITH THIS AGREEMENT, THE RELATIONSHIP OF THE PARTIES CREATED HEREBY, AND/OR ANY CLAIM FOR DAMAGE. THE PARTIES FURTHER HEREBY WAIVE THE RIGHT TO CONSOLIDATE ANY ACTION IN WHICH A JURY TRIAL HAS BEEN WAIVED WITH ANY OTHER ACTION IN WHICH A JURY TRIAL HAS NOT BEEN WAIVED.

From: landten-bounces@lists.flabarrpptl.org mailto:landten-bounces@lists.flabarrpptl.org [mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of Neil B. Shoter
Sent: Friday, July 27, 2012 3:56 PM
To: 'RPPTL Landlord Tenant Committee'
Subject: Re: [RPPTL LandTen] Jury Trial Waivers/Guaranty

Thanks Marc, if it was simple...no one would need attorneys!

[cid:image001.jpg@01CD6C13.DD9DB0D0]

Neil B. Shoter
Partner / LEED Accredited Professional

Shutts & Bowen LLP
CityPlace Tower, 525 Okeechobee Blvd, Suite 1100 | West Palm Beach, FL 33401
Direct: (561) 650-8535 | Fax: (561) 822-5525
E-Mailmailto:NShoter@shutts.com | Biographyhttp://www.shutts.com/attorneys-Neil-Shoter.html | V-Cardhttp://www.shutts.com/vcard-181.vcf | Websitehttp://www.shutts.com

From: landten-bounces@lists.flabarrpptl.org mailto:landten-bounces@lists.flabarrpptl.org [mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of Marc Shuster
Sent: Friday, July 27, 2012 3:45 PM
To: RPPTL Landlord Tenant Committee
Subject: Re: [RPPTL LandTen] Jury Trial Waivers/Guaranty

Guarantor has a right to jury trial on the claim against him as to his payment obligation. If guarantor has right to raise defenses he may have a right to jury trial - overall not a simple answer

Marc Stephen Shuster
Berger Singerman LLP
1450 Brickell Ave., Suite 1900
Miami, FL 33131
Office + 1 305 982 4080
Cell +1 954 257 9059
mshuster@bergersingerman.com mailto:mshuster@bergersingerman.com

From: landten-bounces@lists.flabarrpptl.org mailto:landten-bounces@lists.flabarrpptl.org [mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of Neil B. Shoter
Sent: Friday, July 27, 2012 2:46 PM
To: RPPTL Landlord Tenant Committee
Subject: [RPPTL LandTen] Jury Trial Waivers/Guaranty

Question for the litigators: Lease contains a common mutual jury trial waiver. Tenant defaults. Landlord sues Tenant and the Guarantor. The Guaranty does not have jury trial waiver. What happens if the Guarantor wants a jury trial on both his liability and the underlying defenses to Tenant's underlying obligations?? Any experience with this?

[cid:image001.jpg@01CD6C13.DD9DB0D0]

Neil B. Shoter
Partner / LEED Accredited Professional

Shutts & Bowen LLP
CityPlace Tower, 525 Okeechobee Blvd, Suite 1100 | West Palm Beach, FL 33401
Direct: (561) 650-8535 | Fax: (561) 822-5525
E-Mailmailto:NShoter@shutts.com | Biographyhttp://www.shutts.com/attorneys-Neil-Shoter.html | V-Cardhttp://www.shutts.com/vcard-181.vcf | Websitehttp://www.shutts.com

IRS CIRCULAR 230 NOTICE: Pursuant to recently enacted
U.S. Treasury Department Regulations, we are now required
to advise you that, unless otherwise expressly indicated,
any federal tax advice expressed above was neither
written nor intended by the sender or this firm to be
used and cannot be used by any taxpayer for the purpose
of avoiding penalties that may be imposed under U.S. tax
law. If any person uses or refers to any such tax advice
in promoting, marketing or recommending a partnership or
other entity, investment plan or arrangement to any
taxpayer, then the advice should be considered to have
been written to support the promotion or marketing by a
person other than the sender or this firm of that
transaction or matter, and such taxpayer should seek
advice based on the taxpayer's particular circumstances
from an independent tax advisor.

The information in this email transmission is privileged
and confidential. If you are not the intended recipient,
nor the employee or agent responsible for delivering it to
the intended recipient, you are hereby notified that any
dissemination or copying of this transmission (including
any attachments) is strictly prohibited. If you have
received this email in error, please notify the sender by
email reply. Thank you.

Thanks David, I have not seen this. [cid:image001.jpg@01CD6C13.DD9DB0D0] Neil B. Shoter Partner / LEED Accredited Professional ________________________________ Shutts & Bowen LLP CityPlace Tower, 525 Okeechobee Blvd, Suite 1100 | West Palm Beach, FL 33401 Direct: (561) 650-8535 | Fax: (561) 822-5525 E-Mail<mailto:NShoter@shutts.com> | Biography<http://www.shutts.com/attorneys-Neil-Shoter.html> | V-Card<http://www.shutts.com/vcard-181.vcf> | Website<http://www.shutts.com> From: landten-bounces@lists.flabarrpptl.org [mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of Drobner, David S. Sent: Friday, July 27, 2012 4:11 PM To: RPPTL Landlord Tenant Committee Subject: Re: [RPPTL LandTen] Jury Trial Waivers/Guaranty Sometimes we see language that addresses it actually speaking to consolidation - but I've always wondered if it works... like the following - anyone know if this is enforceable in FL? THE PARTIES HEREBY WAIVE TRIAL BY JURY IN ANY ACTION, PROCEEDING OR COUNTERCLAIM BROUGHT BY EITHER PARTY AGAINST THE OTHER ON ANY MATTER WHATSOEVER ARISING OUT OF OR IN ANY WAY CONNECTED WITH THIS AGREEMENT, THE RELATIONSHIP OF THE PARTIES CREATED HEREBY, AND/OR ANY CLAIM FOR DAMAGE. THE PARTIES FURTHER HEREBY WAIVE THE RIGHT TO CONSOLIDATE ANY ACTION IN WHICH A JURY TRIAL HAS BEEN WAIVED WITH ANY OTHER ACTION IN WHICH A JURY TRIAL HAS NOT BEEN WAIVED. From: landten-bounces@lists.flabarrpptl.org<mailto:landten-bounces@lists.flabarrpptl.org> [mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of Neil B. Shoter Sent: Friday, July 27, 2012 3:56 PM To: 'RPPTL Landlord Tenant Committee' Subject: Re: [RPPTL LandTen] Jury Trial Waivers/Guaranty Thanks Marc, if it was simple...no one would need attorneys! [cid:image001.jpg@01CD6C13.DD9DB0D0] Neil B. Shoter Partner / LEED Accredited Professional ________________________________ Shutts & Bowen LLP CityPlace Tower, 525 Okeechobee Blvd, Suite 1100 | West Palm Beach, FL 33401 Direct: (561) 650-8535 | Fax: (561) 822-5525 E-Mail<mailto:NShoter@shutts.com> | Biography<http://www.shutts.com/attorneys-Neil-Shoter.html> | V-Card<http://www.shutts.com/vcard-181.vcf> | Website<http://www.shutts.com> From: landten-bounces@lists.flabarrpptl.org<mailto:landten-bounces@lists.flabarrpptl.org> [mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of Marc Shuster Sent: Friday, July 27, 2012 3:45 PM To: RPPTL Landlord Tenant Committee Subject: Re: [RPPTL LandTen] Jury Trial Waivers/Guaranty Guarantor has a right to jury trial on the claim against him as to his payment obligation. If guarantor has right to raise defenses he may have a right to jury trial - overall not a simple answer Marc Stephen Shuster Berger Singerman LLP 1450 Brickell Ave., Suite 1900 Miami, FL 33131 Office + 1 305 982 4080 Cell +1 954 257 9059 mshuster@bergersingerman.com<mailto:mshuster@bergersingerman.com> From: landten-bounces@lists.flabarrpptl.org<mailto:landten-bounces@lists.flabarrpptl.org> [mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of Neil B. Shoter Sent: Friday, July 27, 2012 2:46 PM To: RPPTL Landlord Tenant Committee Subject: [RPPTL LandTen] Jury Trial Waivers/Guaranty Question for the litigators: Lease contains a common mutual jury trial waiver. Tenant defaults. Landlord sues Tenant and the Guarantor. The Guaranty does not have jury trial waiver. What happens if the Guarantor wants a jury trial on both his liability and the underlying defenses to Tenant's underlying obligations?? Any experience with this? [cid:image001.jpg@01CD6C13.DD9DB0D0] Neil B. Shoter Partner / LEED Accredited Professional ________________________________ Shutts & Bowen LLP CityPlace Tower, 525 Okeechobee Blvd, Suite 1100 | West Palm Beach, FL 33401 Direct: (561) 650-8535 | Fax: (561) 822-5525 E-Mail<mailto:NShoter@shutts.com> | Biography<http://www.shutts.com/attorneys-Neil-Shoter.html> | V-Card<http://www.shutts.com/vcard-181.vcf> | Website<http://www.shutts.com> IRS CIRCULAR 230 NOTICE: Pursuant to recently enacted U.S. Treasury Department Regulations, we are now required to advise you that, unless otherwise expressly indicated, any federal tax advice expressed above was neither written nor intended by the sender or this firm to be used and cannot be used by any taxpayer for the purpose of avoiding penalties that may be imposed under U.S. tax law. If any person uses or refers to any such tax advice in promoting, marketing or recommending a partnership or other entity, investment plan or arrangement to any taxpayer, then the advice should be considered to have been written to support the promotion or marketing by a person other than the sender or this firm of that transaction or matter, and such taxpayer should seek advice based on the taxpayer's particular circumstances from an independent tax advisor. The information in this email transmission is privileged and confidential. If you are not the intended recipient, nor the employee or agent responsible for delivering it to the intended recipient, you are hereby notified that any dissemination or copying of this transmission (including any attachments) is strictly prohibited. If you have received this email in error, please notify the sender by email reply. Thank you.

MS

Marc Shuster

Mon, Jul 30, 2012 5:36 PM

My view: the case law would probably be against enforcing such a clause but I could also see a state court judge perhaps using it as a tool to favor his or her agenda

Marc Stephen Shuster
Berger Singerman LLP
1450 Brickell Ave., Suite 1900
Miami, FL 33131
Office + 1 305 982 4080
Cell +1 954 257 9059
mshuster@bergersingerman.com mailto:mshuster@bergersingerman.com

From: landten-bounces@lists.flabarrpptl.org [mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of Drobner, David S.
Sent: Friday, July 27, 2012 4:11 PM
To: RPPTL Landlord Tenant Committee
Subject: Re: [RPPTL LandTen] Jury Trial Waivers/Guaranty

Sometimes we see language that addresses it actually speaking to consolidation - but I've always wondered if it works... like the following - anyone know if this is enforceable in FL?

THE PARTIES HEREBY WAIVE TRIAL BY JURY IN ANY ACTION, PROCEEDING OR COUNTERCLAIM BROUGHT BY EITHER PARTY AGAINST THE OTHER ON ANY MATTER WHATSOEVER ARISING OUT OF OR IN ANY WAY CONNECTED WITH THIS AGREEMENT, THE RELATIONSHIP OF THE PARTIES CREATED HEREBY, AND/OR ANY CLAIM FOR DAMAGE. THE PARTIES FURTHER HEREBY WAIVE THE RIGHT TO CONSOLIDATE ANY ACTION IN WHICH A JURY TRIAL HAS BEEN WAIVED WITH ANY OTHER ACTION IN WHICH A JURY TRIAL HAS NOT BEEN WAIVED.

From: landten-bounces@lists.flabarrpptl.org mailto:landten-bounces@lists.flabarrpptl.org [mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of Neil B. Shoter
Sent: Friday, July 27, 2012 3:56 PM
To: 'RPPTL Landlord Tenant Committee'
Subject: Re: [RPPTL LandTen] Jury Trial Waivers/Guaranty

Thanks Marc, if it was simple...no one would need attorneys!

[http://www.shutts.com/shutts100.jpg]

Neil B. Shoter
Partner / LEED Accredited Professional

Shutts & Bowen LLP
CityPlace Tower, 525 Okeechobee Blvd, Suite 1100 | West Palm Beach, FL 33401
Direct: (561) 650-8535 | Fax: (561) 822-5525
E-Mailmailto:NShoter@shutts.com | Biographyhttp://www.shutts.com/attorneys-Neil-Shoter.html | V-Cardhttp://www.shutts.com/vcard-181.vcf | Websitehttp://www.shutts.com

From: landten-bounces@lists.flabarrpptl.org mailto:landten-bounces@lists.flabarrpptl.org [mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of Marc Shuster
Sent: Friday, July 27, 2012 3:45 PM
To: RPPTL Landlord Tenant Committee
Subject: Re: [RPPTL LandTen] Jury Trial Waivers/Guaranty

Guarantor has a right to jury trial on the claim against him as to his payment obligation. If guarantor has right to raise defenses he may have a right to jury trial - overall not a simple answer

Marc Stephen Shuster
Berger Singerman LLP
1450 Brickell Ave., Suite 1900
Miami, FL 33131
Office + 1 305 982 4080
Cell +1 954 257 9059
mshuster@bergersingerman.com mailto:mshuster@bergersingerman.com

From: landten-bounces@lists.flabarrpptl.org mailto:landten-bounces@lists.flabarrpptl.org [mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of Neil B. Shoter
Sent: Friday, July 27, 2012 2:46 PM
To: RPPTL Landlord Tenant Committee
Subject: [RPPTL LandTen] Jury Trial Waivers/Guaranty

Question for the litigators: Lease contains a common mutual jury trial waiver. Tenant defaults. Landlord sues Tenant and the Guarantor. The Guaranty does not have jury trial waiver. What happens if the Guarantor wants a jury trial on both his liability and the underlying defenses to Tenant's underlying obligations?? Any experience with this?

[http://www.shutts.com/shutts100.jpg]

Neil B. Shoter
Partner / LEED Accredited Professional

Shutts & Bowen LLP
CityPlace Tower, 525 Okeechobee Blvd, Suite 1100 | West Palm Beach, FL 33401
Direct: (561) 650-8535 | Fax: (561) 822-5525
E-Mailmailto:NShoter@shutts.com | Biographyhttp://www.shutts.com/attorneys-Neil-Shoter.html | V-Cardhttp://www.shutts.com/vcard-181.vcf | Websitehttp://www.shutts.com

IRS CIRCULAR 230 NOTICE: Pursuant to recently enacted
U.S. Treasury Department Regulations, we are now required
to advise you that, unless otherwise expressly indicated,
any federal tax advice expressed above was neither
written nor intended by the sender or this firm to be
used and cannot be used by any taxpayer for the purpose
of avoiding penalties that may be imposed under U.S. tax
law. If any person uses or refers to any such tax advice
in promoting, marketing or recommending a partnership or
other entity, investment plan or arrangement to any
taxpayer, then the advice should be considered to have
been written to support the promotion or marketing by a
person other than the sender or this firm of that
transaction or matter, and such taxpayer should seek
advice based on the taxpayer's particular circumstances
from an independent tax advisor.

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My view: the case law would probably be against enforcing such a clause but I could also see a state court judge perhaps using it as a tool to favor his or her agenda Marc Stephen Shuster Berger Singerman LLP 1450 Brickell Ave., Suite 1900 Miami, FL 33131 Office + 1 305 982 4080 Cell +1 954 257 9059 mshuster@bergersingerman.com<mailto:mshuster@bergersingerman.com> From: landten-bounces@lists.flabarrpptl.org [mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of Drobner, David S. Sent: Friday, July 27, 2012 4:11 PM To: RPPTL Landlord Tenant Committee Subject: Re: [RPPTL LandTen] Jury Trial Waivers/Guaranty Sometimes we see language that addresses it actually speaking to consolidation - but I've always wondered if it works... like the following - anyone know if this is enforceable in FL? THE PARTIES HEREBY WAIVE TRIAL BY JURY IN ANY ACTION, PROCEEDING OR COUNTERCLAIM BROUGHT BY EITHER PARTY AGAINST THE OTHER ON ANY MATTER WHATSOEVER ARISING OUT OF OR IN ANY WAY CONNECTED WITH THIS AGREEMENT, THE RELATIONSHIP OF THE PARTIES CREATED HEREBY, AND/OR ANY CLAIM FOR DAMAGE. THE PARTIES FURTHER HEREBY WAIVE THE RIGHT TO CONSOLIDATE ANY ACTION IN WHICH A JURY TRIAL HAS BEEN WAIVED WITH ANY OTHER ACTION IN WHICH A JURY TRIAL HAS NOT BEEN WAIVED. From: landten-bounces@lists.flabarrpptl.org<mailto:landten-bounces@lists.flabarrpptl.org> [mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of Neil B. Shoter Sent: Friday, July 27, 2012 3:56 PM To: 'RPPTL Landlord Tenant Committee' Subject: Re: [RPPTL LandTen] Jury Trial Waivers/Guaranty Thanks Marc, if it was simple...no one would need attorneys! [http://www.shutts.com/shutts100.jpg] Neil B. Shoter Partner / LEED Accredited Professional ________________________________ Shutts & Bowen LLP CityPlace Tower, 525 Okeechobee Blvd, Suite 1100 | West Palm Beach, FL 33401 Direct: (561) 650-8535 | Fax: (561) 822-5525 E-Mail<mailto:NShoter@shutts.com> | Biography<http://www.shutts.com/attorneys-Neil-Shoter.html> | V-Card<http://www.shutts.com/vcard-181.vcf> | Website<http://www.shutts.com> From: landten-bounces@lists.flabarrpptl.org<mailto:landten-bounces@lists.flabarrpptl.org> [mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of Marc Shuster Sent: Friday, July 27, 2012 3:45 PM To: RPPTL Landlord Tenant Committee Subject: Re: [RPPTL LandTen] Jury Trial Waivers/Guaranty Guarantor has a right to jury trial on the claim against him as to his payment obligation. If guarantor has right to raise defenses he may have a right to jury trial - overall not a simple answer Marc Stephen Shuster Berger Singerman LLP 1450 Brickell Ave., Suite 1900 Miami, FL 33131 Office + 1 305 982 4080 Cell +1 954 257 9059 mshuster@bergersingerman.com<mailto:mshuster@bergersingerman.com> From: landten-bounces@lists.flabarrpptl.org<mailto:landten-bounces@lists.flabarrpptl.org> [mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of Neil B. Shoter Sent: Friday, July 27, 2012 2:46 PM To: RPPTL Landlord Tenant Committee Subject: [RPPTL LandTen] Jury Trial Waivers/Guaranty Question for the litigators: Lease contains a common mutual jury trial waiver. Tenant defaults. Landlord sues Tenant and the Guarantor. The Guaranty does not have jury trial waiver. What happens if the Guarantor wants a jury trial on both his liability and the underlying defenses to Tenant's underlying obligations?? Any experience with this? [http://www.shutts.com/shutts100.jpg] Neil B. Shoter Partner / LEED Accredited Professional ________________________________ Shutts & Bowen LLP CityPlace Tower, 525 Okeechobee Blvd, Suite 1100 | West Palm Beach, FL 33401 Direct: (561) 650-8535 | Fax: (561) 822-5525 E-Mail<mailto:NShoter@shutts.com> | Biography<http://www.shutts.com/attorneys-Neil-Shoter.html> | V-Card<http://www.shutts.com/vcard-181.vcf> | Website<http://www.shutts.com> IRS CIRCULAR 230 NOTICE: Pursuant to recently enacted U.S. Treasury Department Regulations, we are now required to advise you that, unless otherwise expressly indicated, any federal tax advice expressed above was neither written nor intended by the sender or this firm to be used and cannot be used by any taxpayer for the purpose of avoiding penalties that may be imposed under U.S. tax law. If any person uses or refers to any such tax advice in promoting, marketing or recommending a partnership or other entity, investment plan or arrangement to any taxpayer, then the advice should be considered to have been written to support the promotion or marketing by a person other than the sender or this firm of that transaction or matter, and such taxpayer should seek advice based on the taxpayer's particular circumstances from an independent tax advisor. The information in this email transmission is privileged and confidential. If you are not the intended recipient, nor the employee or agent responsible for delivering it to the intended recipient, you are hereby notified that any dissemination or copying of this transmission (including any attachments) is strictly prohibited. If you have received this email in error, please notify the sender by email reply. Thank you.

AJ

Anthony J. Horky

Mon, Aug 6, 2012 4:58 PM

Here are some cases on a jury trial waiver. I used them in an opposition
brief where two parties signed a promissory note but only one signed the
mortgage and the mortgage contained a jury waiver provision. The parties
brought a multi-count counterclaim and sought a jury for all issues so
triable. The lender filed a blanket motion to strike the jury trial demand.
Our position is that only the mortgagor who signed the mortgage waived the
right to a jury trial and that where the claims of the parties were closely
related, the case had to be tried before a jury. Hearing is this week.

The Seifert case has a good analysis of the catch all phrases such as
"relating to" and "arising out of" etc.

Another good case to look at is C & C Wholesale, Inc. v. Fusco Management
Corp., 564 So.2d 1259 (Fla. 2d DCA 1990).

Regards,

Anthony J. Horky, Esquire

Anthony J. Horky, P.A.

301 Yamato Road, Suite 1240

Boca Raton, FL 33431

Phone: (561) 226-4628

Fax: (561) 994-6693

Web: www.horkylaw.com

This message and the documents attached to it, if any, are intended only for
the use of the addressee and may contain information that is attorney-client
privileged or confidential, and/or may contain attorney work product. If
you are not the intended recipient, you are hereby notified that any
dissemination of this communication is strictly prohibited. If you have
received this communication in error, please delete all electronic copies of
this message and its attachments, if any, destroy any hard copies you may
have created and notify me immediately at: ahorky@horkylaw.com.

Tax Advice Disclosure: To ensure compliance with requirements imposed by the
IRS under Circular 230, we inform you that any U.S. federal tax advice
contained in this communication (including any attachments), unless
otherwise specifically stated, was not intended or written to be used, and
cannot be used, for the purpose of (1) avoiding penalties under the Internal
Revenue Code or (2) promoting, marketing or recommending to another party
any matters addressed herein.

From: landten-bounces@lists.flabarrpptl.org
[mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of Neil B. Shoter
Sent: Friday, July 27, 2012 2:46 PM
To: RPPTL Landlord Tenant Committee
Subject: [RPPTL LandTen] Jury Trial Waivers/Guaranty

Question for the litigators: Lease contains a common mutual jury trial
waiver. Tenant defaults. Landlord sues Tenant and the Guarantor. The
Guaranty does not have jury trial waiver. What happens if the Guarantor
wants a jury trial on both his liability and the underlying defenses to
Tenant's underlying obligations?? Any experience with this?

http://www.shutts.com/shutts100.jpg

Neil B. Shoter
Partner / LEED Accredited Professional

Shutts & Bowen LLP
CityPlace Tower, 525 Okeechobee Blvd, Suite 1100 | West Palm Beach, FL 33401

Direct: (561) 650-8535 | Fax: (561) 822-5525
mailto:NShoter@shutts.com E-Mail |
http://www.shutts.com/attorneys-Neil-Shoter.html Biography |
http://www.shutts.com/vcard-181.vcf V-Card | http://www.shutts.com
Website

IRS CIRCULAR 230 NOTICE: Pursuant to recently enacted
U.S. Treasury Department Regulations, we are now required
to advise you that, unless otherwise expressly indicated,
any federal tax advice expressed above was neither
written nor intended by the sender or this firm to be
used and cannot be used by any taxpayer for the purpose
of avoiding penalties that may be imposed under U.S. tax
law. If any person uses or refers to any such tax advice
in promoting, marketing or recommending a partnership or
other entity, investment plan or arrangement to any
taxpayer, then the advice should be considered to have
been written to support the promotion or marketing by a
person other than the sender or this firm of that
transaction or matter, and such taxpayer should seek
advice based on the taxpayer's particular circumstances
from an independent tax advisor.

The information in this email transmission is privileged
and confidential. If you are not the intended recipient,
nor the employee or agent responsible for delivering it to
the intended recipient, you are hereby notified that any
dissemination or copying of this transmission (including
any attachments) is strictly prohibited. If you have
received this email in error, please notify the sender by
email reply. Thank you.

Here are some cases on a jury trial waiver. I used them in an opposition brief where two parties signed a promissory note but only one signed the mortgage and the mortgage contained a jury waiver provision. The parties brought a multi-count counterclaim and sought a jury for all issues so triable. The lender filed a blanket motion to strike the jury trial demand. Our position is that only the mortgagor who signed the mortgage waived the right to a jury trial and that where the claims of the parties were closely related, the case had to be tried before a jury. Hearing is this week. The Seifert case has a good analysis of the catch all phrases such as "relating to" and "arising out of" etc. Another good case to look at is C & C Wholesale, Inc. v. Fusco Management Corp., 564 So.2d 1259 (Fla. 2d DCA 1990). Regards, Anthony J. Horky, Esquire Anthony J. Horky, P.A. 301 Yamato Road, Suite 1240 Boca Raton, FL 33431 Phone: (561) 226-4628 Fax: (561) 994-6693 Web: www.horkylaw.com This message and the documents attached to it, if any, are intended only for the use of the addressee and may contain information that is attorney-client privileged or confidential, and/or may contain attorney work product. If you are not the intended recipient, you are hereby notified that any dissemination of this communication is strictly prohibited. If you have received this communication in error, please delete all electronic copies of this message and its attachments, if any, destroy any hard copies you may have created and notify me immediately at: ahorky@horkylaw.com. ------------------------------------------------------- Tax Advice Disclosure: To ensure compliance with requirements imposed by the IRS under Circular 230, we inform you that any U.S. federal tax advice contained in this communication (including any attachments), unless otherwise specifically stated, was not intended or written to be used, and cannot be used, for the purpose of (1) avoiding penalties under the Internal Revenue Code or (2) promoting, marketing or recommending to another party any matters addressed herein. From: landten-bounces@lists.flabarrpptl.org [mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of Neil B. Shoter Sent: Friday, July 27, 2012 2:46 PM To: RPPTL Landlord Tenant Committee Subject: [RPPTL LandTen] Jury Trial Waivers/Guaranty Question for the litigators: Lease contains a common mutual jury trial waiver. Tenant defaults. Landlord sues Tenant and the Guarantor. The Guaranty does not have jury trial waiver. What happens if the Guarantor wants a jury trial on both his liability and the underlying defenses to Tenant's underlying obligations?? Any experience with this? http://www.shutts.com/shutts100.jpg Neil B. Shoter Partner / LEED Accredited Professional _____ Shutts & Bowen LLP CityPlace Tower, 525 Okeechobee Blvd, Suite 1100 | West Palm Beach, FL 33401 Direct: (561) 650-8535 | Fax: (561) 822-5525 <mailto:NShoter@shutts.com> E-Mail | <http://www.shutts.com/attorneys-Neil-Shoter.html> Biography | <http://www.shutts.com/vcard-181.vcf> V-Card | <http://www.shutts.com> Website IRS CIRCULAR 230 NOTICE: Pursuant to recently enacted U.S. Treasury Department Regulations, we are now required to advise you that, unless otherwise expressly indicated, any federal tax advice expressed above was neither written nor intended by the sender or this firm to be used and cannot be used by any taxpayer for the purpose of avoiding penalties that may be imposed under U.S. tax law. If any person uses or refers to any such tax advice in promoting, marketing or recommending a partnership or other entity, investment plan or arrangement to any taxpayer, then the advice should be considered to have been written to support the promotion or marketing by a person other than the sender or this firm of that transaction or matter, and such taxpayer should seek advice based on the taxpayer's particular circumstances from an independent tax advisor. The information in this email transmission is privileged and confidential. If you are not the intended recipient, nor the employee or agent responsible for delivering it to the intended recipient, you are hereby notified that any dissemination or copying of this transmission (including any attachments) is strictly prohibited. If you have received this email in error, please notify the sender by email reply. Thank you.

NB

Neil B. Shoter

Mon, Aug 6, 2012 5:15 PM

Thanks Anthony

[cid:image001.jpg@01CD73D5.99C44EE0]

Neil B. Shoter
Partner / LEED Accredited Professional

Shutts & Bowen LLP
CityPlace Tower, 525 Okeechobee Blvd, Suite 1100 | West Palm Beach, FL 33401
Direct: (561) 650-8535 | Fax: (561) 822-5525
E-Mailmailto:NShoter@shutts.com | Biographyhttp://www.shutts.com/attorneys-Neil-Shoter.html | V-Cardhttp://www.shutts.com/vcard-181.vcf | Websitehttp://www.shutts.com

From: landten-bounces@lists.flabarrpptl.org [mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of Anthony J. Horky
Sent: Monday, August 06, 2012 12:59 PM
To: 'RPPTL Landlord Tenant Committee'
Subject: Re: [RPPTL LandTen] Jury Trial Waivers/Guaranty

Here are some cases on a jury trial waiver. I used them in an opposition brief where two parties signed a promissory note but only one signed the mortgage and the mortgage contained a jury waiver provision. The parties brought a multi-count counterclaim and sought a jury for all issues so triable. The lender filed a blanket motion to strike the jury trial demand. Our position is that only the mortgagor who signed the mortgage waived the right to a jury trial and that where the claims of the parties were closely related, the case had to be tried before a jury. Hearing is this week.

The Seifert case has a good analysis of the catch all phrases such as "relating to" and "arising out of" etc.

Another good case to look at is C & C Wholesale, Inc. v. Fusco Management Corp., 564 So.2d 1259 (Fla. 2d DCA 1990).

Regards,

Anthony J. Horky, Esquire
Anthony J. Horky, P.A.
301 Yamato Road, Suite 1240
Boca Raton, FL 33431
Phone: (561) 226-4628
Fax: (561) 994-6693
Web: www.horkylaw.com http://www.horkylaw.com

This message and the documents attached to it, if any, are intended only for the use of the addressee and may contain information that is attorney-client privileged or confidential, and/or may contain attorney work product. If you are not the intended recipient, you are hereby notified that any dissemination of this communication is strictly prohibited. If you have received this communication in error, please delete all electronic copies of this message and its attachments, if any, destroy any hard copies you may have created and notify me immediately at: ahorky@horkylaw.com mailto:ahorky@horkylaw.com.

Tax Advice Disclosure: To ensure compliance with requirements imposed by the IRS under Circular 230, we inform you that any U.S. federal tax advice contained in this communication (including any attachments), unless otherwise specifically stated, was not intended or written to be used, and cannot be used, for the purpose of (1) avoiding penalties under the Internal Revenue Code or (2) promoting, marketing or recommending to another party any matters addressed herein.

From: landten-bounces@lists.flabarrpptl.org mailto:landten-bounces@lists.flabarrpptl.org [mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of Neil B. Shoter
Sent: Friday, July 27, 2012 2:46 PM
To: RPPTL Landlord Tenant Committee
Subject: [RPPTL LandTen] Jury Trial Waivers/Guaranty

Question for the litigators: Lease contains a common mutual jury trial waiver. Tenant defaults. Landlord sues Tenant and the Guarantor. The Guaranty does not have jury trial waiver. What happens if the Guarantor wants a jury trial on both his liability and the underlying defenses to Tenant's underlying obligations?? Any experience with this?

[cid:image001.jpg@01CD73D5.99C44EE0]

Neil B. Shoter
Partner / LEED Accredited Professional

Shutts & Bowen LLP
CityPlace Tower, 525 Okeechobee Blvd, Suite 1100 | West Palm Beach, FL 33401
Direct: (561) 650-8535 | Fax: (561) 822-5525
E-Mailmailto:NShoter@shutts.com | Biographyhttp://www.shutts.com/attorneys-Neil-Shoter.html | V-Cardhttp://www.shutts.com/vcard-181.vcf | Websitehttp://www.shutts.com

IRS CIRCULAR 230 NOTICE: Pursuant to recently enacted
U.S. Treasury Department Regulations, we are now required
to advise you that, unless otherwise expressly indicated,
any federal tax advice expressed above was neither
written nor intended by the sender or this firm to be
used and cannot be used by any taxpayer for the purpose
of avoiding penalties that may be imposed under U.S. tax
law. If any person uses or refers to any such tax advice
in promoting, marketing or recommending a partnership or
other entity, investment plan or arrangement to any
taxpayer, then the advice should be considered to have
been written to support the promotion or marketing by a
person other than the sender or this firm of that
transaction or matter, and such taxpayer should seek
advice based on the taxpayer's particular circumstances
from an independent tax advisor.

The information in this email transmission is privileged
and confidential. If you are not the intended recipient,
nor the employee or agent responsible for delivering it to
the intended recipient, you are hereby notified that any
dissemination or copying of this transmission (including
any attachments) is strictly prohibited. If you have
received this email in error, please notify the sender by
email reply. Thank you.

Thanks Anthony [cid:image001.jpg@01CD73D5.99C44EE0] Neil B. Shoter Partner / LEED Accredited Professional ________________________________ Shutts & Bowen LLP CityPlace Tower, 525 Okeechobee Blvd, Suite 1100 | West Palm Beach, FL 33401 Direct: (561) 650-8535 | Fax: (561) 822-5525 E-Mail<mailto:NShoter@shutts.com> | Biography<http://www.shutts.com/attorneys-Neil-Shoter.html> | V-Card<http://www.shutts.com/vcard-181.vcf> | Website<http://www.shutts.com> From: landten-bounces@lists.flabarrpptl.org [mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of Anthony J. Horky Sent: Monday, August 06, 2012 12:59 PM To: 'RPPTL Landlord Tenant Committee' Subject: Re: [RPPTL LandTen] Jury Trial Waivers/Guaranty Here are some cases on a jury trial waiver. I used them in an opposition brief where two parties signed a promissory note but only one signed the mortgage and the mortgage contained a jury waiver provision. The parties brought a multi-count counterclaim and sought a jury for all issues so triable. The lender filed a blanket motion to strike the jury trial demand. Our position is that only the mortgagor who signed the mortgage waived the right to a jury trial and that where the claims of the parties were closely related, the case had to be tried before a jury. Hearing is this week. The Seifert case has a good analysis of the catch all phrases such as "relating to" and "arising out of" etc. Another good case to look at is C & C Wholesale, Inc. v. Fusco Management Corp., 564 So.2d 1259 (Fla. 2d DCA 1990). Regards, Anthony J. Horky, Esquire Anthony J. Horky, P.A. 301 Yamato Road, Suite 1240 Boca Raton, FL 33431 Phone: (561) 226-4628 Fax: (561) 994-6693 Web: www.horkylaw.com<http://www.horkylaw.com> This message and the documents attached to it, if any, are intended only for the use of the addressee and may contain information that is attorney-client privileged or confidential, and/or may contain attorney work product. If you are not the intended recipient, you are hereby notified that any dissemination of this communication is strictly prohibited. If you have received this communication in error, please delete all electronic copies of this message and its attachments, if any, destroy any hard copies you may have created and notify me immediately at: ahorky@horkylaw.com<mailto:ahorky@horkylaw.com>. ------------------------------------------------------- Tax Advice Disclosure: To ensure compliance with requirements imposed by the IRS under Circular 230, we inform you that any U.S. federal tax advice contained in this communication (including any attachments), unless otherwise specifically stated, was not intended or written to be used, and cannot be used, for the purpose of (1) avoiding penalties under the Internal Revenue Code or (2) promoting, marketing or recommending to another party any matters addressed herein. From: landten-bounces@lists.flabarrpptl.org<mailto:landten-bounces@lists.flabarrpptl.org> [mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of Neil B. Shoter Sent: Friday, July 27, 2012 2:46 PM To: RPPTL Landlord Tenant Committee Subject: [RPPTL LandTen] Jury Trial Waivers/Guaranty Question for the litigators: Lease contains a common mutual jury trial waiver. Tenant defaults. Landlord sues Tenant and the Guarantor. The Guaranty does not have jury trial waiver. What happens if the Guarantor wants a jury trial on both his liability and the underlying defenses to Tenant's underlying obligations?? Any experience with this? [cid:image001.jpg@01CD73D5.99C44EE0] Neil B. Shoter Partner / LEED Accredited Professional ________________________________ Shutts & Bowen LLP CityPlace Tower, 525 Okeechobee Blvd, Suite 1100 | West Palm Beach, FL 33401 Direct: (561) 650-8535 | Fax: (561) 822-5525 E-Mail<mailto:NShoter@shutts.com> | Biography<http://www.shutts.com/attorneys-Neil-Shoter.html> | V-Card<http://www.shutts.com/vcard-181.vcf> | Website<http://www.shutts.com> IRS CIRCULAR 230 NOTICE: Pursuant to recently enacted U.S. Treasury Department Regulations, we are now required to advise you that, unless otherwise expressly indicated, any federal tax advice expressed above was neither written nor intended by the sender or this firm to be used and cannot be used by any taxpayer for the purpose of avoiding penalties that may be imposed under U.S. tax law. If any person uses or refers to any such tax advice in promoting, marketing or recommending a partnership or other entity, investment plan or arrangement to any taxpayer, then the advice should be considered to have been written to support the promotion or marketing by a person other than the sender or this firm of that transaction or matter, and such taxpayer should seek advice based on the taxpayer's particular circumstances from an independent tax advisor. The information in this email transmission is privileged and confidential. If you are not the intended recipient, nor the employee or agent responsible for delivering it to the intended recipient, you are hereby notified that any dissemination or copying of this transmission (including any attachments) is strictly prohibited. If you have received this email in error, please notify the sender by email reply. Thank you.