Re: [RPPTL LandTen] I need clarification on 83.60
Standing must exist at time of the filing of the lawsuit. If not, the case
must be dismissed. Jeff-Ray case, Progressive case, attached. Lack of
standing at time of filing cannot be cured after the fact by substitution of
parites — one can’t transfer what one doesn’t have. Lack of standing,
however, is a raise-or-waive affirmative defense (see Glynn case attached).
Fl.R.Civ.Pro 1.260 allows for substitution of parites if the the interest is
transferred from the original party to another by order of court. One who
lacks interest in the subject matter cannot transfer the interest to
another. The case must be dismissed and re-filed by one who has standing.
Note there are numerous standing cases in the foreclosure context as banks
were filing all the time without standing.
Hope this helps.
Gioia
This e-mail transmission and any documents, files or previous e-mail
messages attached to it, are confidential and are protected by the
attorney-client privilege and/or work product doctrine. If you are not the
intended recipient, or a person responsible for delivering it to the
intended recipient, you are hereby notified that any review, disclosure,
copying, dissemination, distribution or use of any of the information
contained in, or attached to this e-mail transmission is STRICTLY
PROHIBITED. If you have received this transmission in error, please
immediately notify me by forwarding this e-mail to Info@dvllclegal.com, or
by telephone at (845) 321-0242 and then delete the message and its
attachments from your computer.
From: landten-bounces@lists.flabarrpptl.org on behalf of Leonard Cabral
LensLaw@Lenslaw.com
Reply-To: RPPTL Landlord Tenant Committee landten@lists.flabarrpptl.org
Date: Monday, July 20, 2015 at 11:40 PM
To: RPPTL Landlord Tenant Committee landten@lists.flabarrpptl.org
Subject: [RPPTL LandTen] I need clarification on 83.60
Group:
83.60(1)(a) “The landlord must be given an opportunity to cure a deficiency
in a notice or in the pleadings before dismissal of the action.” A
complaint was filed by an Orlando attorney with the wrong landlord’s name.
(no standing). -He has now a motion to amend pursuant to 83.60 to change the
name of the plaintiff. Is standing a deficiency in the pleadings that can
be amended? Does anyone have the legislative intent they are willing to
share? Any ideas welcome.
Leonard P. Cabral, Esq.
212 North Park Ave.,
Sanford, FL 32771
Leonardcabral@lenslaw.com
(407)330-4998
The information herein is legally privileged For Official Use Only and
protected under the Privacy Acto of 1974, as amended. Unauthorized
disclosure or misue of this Personal Information may result in criminal
and/or civil penalties." If you have received this e-mail message in error,
please reply to sender immediately with the statement "RECEIVED IN ERROR"and
destroy the original message.
_______________________________________________ landten mailing list
landten@lists.flabarrpptl.org
http://mailman.fsr.com/mailman/listinfo/landten
You might find the attached foreclosure case helpful in your search.
Citing to the *Jeff-Ray *and Progressive, Second District recognizes that
standing has to be met at the inception of the lawsuit. "The
appellate courts are nonetheless compelled to reverse based on the district
courts' application of a long line of supreme court cases applying the
general principle that “the plaintiff's lack of standing at the inception
of the case is not a defect that may be cured by the acquisition of
standing after the case is filed.” Attached is the case.
Eddy Leal
Eddy Leal, P.A.
201 South Biscayne Blvd, Suite 2650
Miami, FL 33131
Office: 305-914-0071
Fax: 305-901-2378
E-Mail: el@leallegal.com
On Tue, Jul 21, 2015 at 9:23 AM, Gioia DeCarlo gdc@dvllclegal.com wrote:
Standing must exist at time of the filing of the lawsuit. If not, the
case must be dismissed. Jeff-Ray case, Progressive case, attached. Lack
of standing at time of filing cannot be cured after the fact by
substitution of parites — one can’t transfer what one doesn’t have. Lack
of standing, however, is a raise-or-waive affirmative defense (see Glynn
case attached).
Fl.R.Civ.Pro 1.260 allows for substitution of parites if the the interest
is transferred from the original party to another by order of court. One
who lacks interest in the subject matter cannot transfer the interest to
another. The case must be dismissed and re-filed by one who has standing.
Note there are numerous standing cases in the foreclosure context as banks
were filing all the time without standing.
Hope this helps.
Gioia
This e-mail transmission and any documents, files or previous e-mail
messages attached to it, are confidential and are protected by the
attorney-client privilege and/or work product doctrine. If you are not the
intended recipient, or a person responsible for delivering it to the
intended recipient, you are hereby notified that any review, disclosure,
copying, dissemination, distribution or use of any of the information
contained in, or attached to this e-mail transmission is STRICTLY
PROHIBITED. If you have received this transmission in error, please
immediately notify me by forwarding this e-mail to Info@dvllclegal.com,
or by telephone at (845) 321-0242 and then delete the message and its
attachments from your computer.
From: landten-bounces@lists.flabarrpptl.org on behalf of Leonard Cabral
LensLaw@Lenslaw.com
Reply-To: RPPTL Landlord Tenant Committee landten@lists.flabarrpptl.org
Date: Monday, July 20, 2015 at 11:40 PM
To: RPPTL Landlord Tenant Committee landten@lists.flabarrpptl.org
Subject: [RPPTL LandTen] I need clarification on 83.60
Group:
83.60(1)(a) “The landlord must be given an opportunity to cure a
deficiency in a notice or in the pleadings before dismissal of the
action.” A complaint was filed by an Orlando attorney with the wrong
landlord’s name. (no standing). -He has now a motion to amend pursuant to
83.60 to change the name of the plaintiff. Is standing a deficiency in the
pleadings that can be amended? Does anyone have the legislative intent
they are willing to share? Any ideas welcome.
Leonard P. Cabral, Esq.
212 North Park Ave.,
Sanford, FL 32771
Leonardcabral@lenslaw.com
(407)330-4998
The information herein is legally privileged For Official Use Only and
protected under the Privacy Acto of 1974, as amended. Unauthorized
disclosure or misue of this Personal Information may result in criminal
and/or civil penalties." If you have received this e-mail message in
error, please reply to sender immediately with the statement "RECEIVED IN
ERROR"and destroy the original message.
_______________________________________________ landten mailing list
landten@lists.flabarrpptl.org
http://mailman.fsr.com/mailman/listinfo/landten
landten mailing list
landten@lists.flabarrpptl.org
http://mailman.fsr.com/mailman/listinfo/landten
Oops! Just realized I attached the wrong Glynn document that although
plaintiff must have standing at time of filing complaint, the affirmative
defense of no standing must be raised or it is waived. Here it is.
Gioia
This e-mail transmission and any documents, files or previous e-mail
messages attached to it, are confidential and are protected by the
attorney-client privilege and/or work product doctrine. If you are not the
intended recipient, or a person responsible for delivering it to the
intended recipient, you are hereby notified that any review, disclosure,
copying, dissemination, distribution or use of any of the information
contained in, or attached to this e-mail transmission is STRICTLY
PROHIBITED. If you have received this transmission in error, please
immediately notify me by forwarding this e-mail to Info@dvllclegal.com, or
by telephone at (845) 321-0242 and then delete the message and its
attachments from your computer.
From: landten-bounces@lists.flabarrpptl.org on behalf of Eddy Leal
el@leallegal.com
Reply-To: RPPTL Landlord Tenant Committee landten@lists.flabarrpptl.org
Date: Tuesday, July 21, 2015 at 10:08 AM
To: RPPTL Landlord Tenant Committee landten@lists.flabarrpptl.org
Subject: Re: [RPPTL LandTen] I need clarification on 83.60
You might find the attached foreclosure case helpful in your search.
Citing to the Jeff-Ray and Progressive, Second District recognizes that
standing has to be met at the inception of the lawsuit. "The appellate
courts are nonetheless compelled to reverse based on the district courts'
application of a long line of supreme court cases applying the general
principle that “the plaintiff's lack of standing at the inception of the
case is not a defect that may be cured by the acquisition of standing after
the case is filed.” Attached is the case.
Eddy Leal
Eddy Leal, P.A.
201 South Biscayne Blvd, Suite 2650
Miami, FL 33131
Office: 305-914-0071
Fax: 305-901-2378
E-Mail: el@leallegal.com
On Tue, Jul 21, 2015 at 9:23 AM, Gioia DeCarlo gdc@dvllclegal.com wrote:
Standing must exist at time of the filing of the lawsuit. If not, the case
must be dismissed. Jeff-Ray case, Progressive case, attached. Lack of
standing at time of filing cannot be cured after the fact by substitution of
parites — one can’t transfer what one doesn’t have. Lack of standing,
however, is a raise-or-waive affirmative defense (see Glynn case attached).
Fl.R.Civ.Pro http://Fl.R.Civ.Pro 1.260 allows for substitution of parites
if the the interest is transferred from the original party to another by order
of court. One who lacks interest in the subject matter cannot transfer the
interest to another. The case must be dismissed and re-filed by one who has
standing.
Note there are numerous standing cases in the foreclosure context as banks
were filing all the time without standing.
Hope this helps.
Gioia
This e-mail transmission and any documents, files or previous e-mail messages
attached to it, are confidential and are protected by the attorney-client
privilege and/or work product doctrine. If you are not the intended recipient,
or a person responsible for delivering it to the intended recipient, you are
hereby notified that any review, disclosure, copying, dissemination,
distribution or use of any of the information contained in, or attached to
this e-mail transmission is STRICTLY PROHIBITED. If you have received this
transmission in error, please immediately notify me by forwarding this e-mail
to Info@dvllclegal.com, or by telephone at (845) 321-0242
tel:%28845%29%20321-0242 and then delete the message and its attachments
from your computer.
From: landten-bounces@lists.flabarrpptl.org on behalf of Leonard Cabral
LensLaw@Lenslaw.com
Reply-To: RPPTL Landlord Tenant Committee landten@lists.flabarrpptl.org
Date: Monday, July 20, 2015 at 11:40 PM
To: RPPTL Landlord Tenant Committee landten@lists.flabarrpptl.org
Subject: [RPPTL LandTen] I need clarification on 83.60
Group:
83.60(1)(a) “The landlord must be given an opportunity to cure a deficiency
in a notice or in the pleadings before dismissal of the action.” A complaint
was filed by an Orlando attorney with the wrong landlord’s name. (no
standing). -He has now a motion to amend pursuant to 83.60 to change the name
of the plaintiff. Is standing a deficiency in the pleadings that can be
amended? Does anyone have the legislative intent they are willing to
share? Any ideas welcome.
Leonard P. Cabral, Esq.
212 North Park Ave.,
Sanford, FL 32771
Leonardcabral@lenslaw.com
(407)330-4998 tel:%28407%29330-4998
The information herein is legally privileged For Official Use Only and
protected under the Privacy Acto of 1974, as amended. Unauthorized disclosure
or misue of this Personal Information may result in criminal and/or civil
penalties." If you have received this e-mail message in error, please reply to
sender immediately with the statement "RECEIVED IN ERROR"and destroy the
original message.
_______________________________________________ landten mailing list
landten@lists.flabarrpptl.orghttp://mailman.fsr.com/mailman/listinfo/landten
landten mailing list
landten@lists.flabarrpptl.org
http://mailman.fsr.com/mailman/listinfo/landten
_______________________________________________ landten mailing list
landten@lists.flabarrpptl.org
http://mailman.fsr.com/mailman/listinfo/landten
Gloria:
Thanks, All Great Cases!! Raised standing in my affirmative defenses and Motion to Dismiss is base on standing.
Leonard P. Cabral, Esq.
Leonardcabral@lenslaw.com
From: landten-bounces@lists.flabarrpptl.org [mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of Gioia DeCarlo
Sent: Tuesday, July 21, 2015 11:06 AM
To: RPPTL Landlord Tenant Committee
Subject: Re: [RPPTL LandTen] I need clarification on 83.60
Oops! Just realized I attached the wrong Glynn document that although plaintiff must have standing at time of filing complaint, the affirmative defense of no standing must be raised or it is waived. Here it is.
Gioia
[cid:image001.png@01D0C3D3.F51C4210]
This e-mail transmission and any documents, files or previous e-mail messages attached to it, are confidential and are protected by the attorney-client privilege and/or work product doctrine. If you are not the intended recipient, or a person responsible for delivering it to the intended recipient, you are hereby notified that any review, disclosure, copying, dissemination, distribution or use of any of the information contained in, or attached to this e-mail transmission is STRICTLY PROHIBITED. If you have received this transmission in error, please immediately notify me by forwarding this e-mail to Info@dvllclegal.commailto:Info@dvllclegal.com, or by telephone at (845) 321-0242 and then delete the message and its attachments from your computer.
From: <landten-bounces@lists.flabarrpptl.orgmailto:landten-bounces@lists.flabarrpptl.org> on behalf of Eddy Leal <el@leallegal.commailto:el@leallegal.com>
Reply-To: RPPTL Landlord Tenant Committee <landten@lists.flabarrpptl.orgmailto:landten@lists.flabarrpptl.org>
Date: Tuesday, July 21, 2015 at 10:08 AM
To: RPPTL Landlord Tenant Committee <landten@lists.flabarrpptl.orgmailto:landten@lists.flabarrpptl.org>
Subject: Re: [RPPTL LandTen] I need clarification on 83.60
You might find the attached foreclosure case helpful in your search.
Citing to the Jeff-Ray and Progressive, Second District recognizes that standing has to be met at the inception of the lawsuit. "The appellate courts are nonetheless compelled to reverse based on the district courts' application of a long line of supreme court cases applying the general principle that “the plaintiff's lack of standing at the inception of the case is not a defect that may be cured by the acquisition of standing after the case is filed.” Attached is the case.
Eddy Leal
Eddy Leal, P.A.
201 South Biscayne Blvd, Suite 2650
Miami, FL 33131
Office: 305-914-0071
Fax: 305-901-2378
E-Mail: el@leallegal.commailto:el@leallegal.com
On Tue, Jul 21, 2015 at 9:23 AM, Gioia DeCarlo <gdc@dvllclegal.commailto:gdc@dvllclegal.com> wrote:
Standing must exist at time of the filing of the lawsuit. If not, the case must be dismissed. Jeff-Ray case, Progressive case, attached. Lack of standing at time of filing cannot be cured after the fact by substitution of parites — one can’t transfer what one doesn’t have. Lack of standing, however, is a raise-or-waive affirmative defense (see Glynn case attached).
Fl.R.Civ.Prohttp://Fl.R.Civ.Pro 1.260 allows for substitution of parites if the the interest is transferred from the original party to another by order of court. One who lacks interest in the subject matter cannot transfer the interest to another. The case must be dismissed and re-filed by one who has standing.
Note there are numerous standing cases in the foreclosure context as banks were filing all the time without standing.
Hope this helps.
Gioia
[cid:image001.png@01D0C3D3.F51C4210]
This e-mail transmission and any documents, files or previous e-mail messages attached to it, are confidential and are protected by the attorney-client privilege and/or work product doctrine. If you are not the intended recipient, or a person responsible for delivering it to the intended recipient, you are hereby notified that any review, disclosure, copying, dissemination, distribution or use of any of the information contained in, or attached to this e-mail transmission is STRICTLY PROHIBITED. If you have received this transmission in error, please immediately notify me by forwarding this e-mail to Info@dvllclegal.commailto:Info@dvllclegal.com, or by telephone at (845) 321-0242tel:%28845%29%20321-0242 and then delete the message and its attachments from your computer.
From: <landten-bounces@lists.flabarrpptl.orgmailto:landten-bounces@lists.flabarrpptl.org> on behalf of Leonard Cabral <LensLaw@Lenslaw.commailto:LensLaw@Lenslaw.com>
Reply-To: RPPTL Landlord Tenant Committee <landten@lists.flabarrpptl.orgmailto:landten@lists.flabarrpptl.org>
Date: Monday, July 20, 2015 at 11:40 PM
To: RPPTL Landlord Tenant Committee <landten@lists.flabarrpptl.orgmailto:landten@lists.flabarrpptl.org>
Subject: [RPPTL LandTen] I need clarification on 83.60
Group:
83.60(1)(a) “The landlord must be given an opportunity to cure a deficiency in a notice or in the pleadings before dismissal of the action.” A complaint was filed by an Orlando attorney with the wrong landlord’s name. (no standing). -He has now a motion to amend pursuant to 83.60 to change the name of the plaintiff. Is standing a deficiency in the pleadings that can be amended? Does anyone have the legislative intent they are willing to share? Any ideas welcome.
Leonard P. Cabral, Esq.
212 North Park Ave.,
Sanford, FL 32771
Leonardcabral@lenslaw.commailto:Leonardcabral@lenslaw.com
(407)330-4998tel:%28407%29330-4998
The information herein is legally privileged For Official Use Only and protected under the Privacy Acto of 1974, as amended. Unauthorized disclosure or misue of this Personal Information may result in criminal and/or civil penalties." If you have received this e-mail message in error, please reply to sender immediately with the statement "RECEIVED IN ERROR"and destroy the original message.
_______________________________________________ landten mailing list landten@lists.flabarrpptl.orgmailto:landten@lists.flabarrpptl.orghttp://mailman.fsr.com/mailman/listinfo/landten
landten mailing list
landten@lists.flabarrpptl.orgmailto:landten@lists.flabarrpptl.org
http://mailman.fsr.com/mailman/listinfo/landten
_______________________________________________ landten mailing list landten@lists.flabarrpptl.orgmailto:landten@lists.flabarrpptl.org http://mailman.fsr.com/mailman/listinfo/landten
You are most welcome.
(it’s “Gioia”)
This e-mail transmission and any documents, files or previous e-mail
messages attached to it, are confidential and are protected by the
attorney-client privilege and/or work product doctrine. If you are not the
intended recipient, or a person responsible for delivering it to the
intended recipient, you are hereby notified that any review, disclosure,
copying, dissemination, distribution or use of any of the information
contained in, or attached to this e-mail transmission is STRICTLY
PROHIBITED. If you have received this transmission in error, please
immediately notify me by forwarding this e-mail to Info@dvllclegal.com, or
by telephone at (845) 321-0242 and then delete the message and its
attachments from your computer.
From: landten-bounces@lists.flabarrpptl.org on behalf of Leonard Cabral
LensLaw@Lenslaw.com
Reply-To: RPPTL Landlord Tenant Committee landten@lists.flabarrpptl.org
Date: Tuesday, July 21, 2015 at 4:40 PM
To: RPPTL Landlord Tenant Committee landten@lists.flabarrpptl.org
Subject: Re: [RPPTL LandTen] I need clarification on 83.60
Gloria:
Thanks, All Great Cases!! Raised standing in my affirmative defenses and
Motion to Dismiss is base on standing.
Leonard P. Cabral, Esq.
Leonardcabral@lenslaw.com
From: landten-bounces@lists.flabarrpptl.org
[mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of Gioia DeCarlo
Sent: Tuesday, July 21, 2015 11:06 AM
To: RPPTL Landlord Tenant Committee
Subject: Re: [RPPTL LandTen] I need clarification on 83.60
Oops! Just realized I attached the wrong Glynn document that although
plaintiff must have standing at time of filing complaint, the affirmative
defense of no standing must be raised or it is waived. Here it is.
Gioia
This e-mail transmission and any documents, files or previous e-mail
messages attached to it, are confidential and are protected by the
attorney-client privilege and/or work product doctrine. If you are not the
intended recipient, or a person responsible for delivering it to the
intended recipient, you are hereby notified that any review, disclosure,
copying, dissemination, distribution or use of any of the information
contained in, or attached to this e-mail transmission is STRICTLY
PROHIBITED. If you have received this transmission in error, please
immediately notify me by forwarding this e-mail to Info@dvllclegal.com
mailto:Info@dvllclegal.com , or by telephone at (845) 321-0242 and then
delete the message and its attachments from your computer.
From: landten-bounces@lists.flabarrpptl.org on behalf of Eddy Leal
el@leallegal.com
Reply-To: RPPTL Landlord Tenant Committee landten@lists.flabarrpptl.org
Date: Tuesday, July 21, 2015 at 10:08 AM
To: RPPTL Landlord Tenant Committee landten@lists.flabarrpptl.org
Subject: Re: [RPPTL LandTen] I need clarification on 83.60
You might find the attached foreclosure case helpful in your search.
Citing to the Jeff-Ray and Progressive, Second District recognizes that
standing has to be met at the inception of the lawsuit. "The appellate
courts are nonetheless compelled to reverse based on the district courts'
application of a long line of supreme court cases applying the general
principle that “the plaintiff's lack of standing at the inception of the
case is not a defect that may be cured by the acquisition of standing after
the case is filed.” Attached is the case.
Eddy Leal
Eddy Leal, P.A.
201 South Biscayne Blvd, Suite 2650
Miami, FL 33131
Office: 305-914-0071
Fax: 305-901-2378
E-Mail: el@leallegal.com
On Tue, Jul 21, 2015 at 9:23 AM, Gioia DeCarlo gdc@dvllclegal.com wrote:
Standing must exist at time of the filing of the lawsuit. If not, the case
must be dismissed. Jeff-Ray case, Progressive case, attached. Lack of
standing at time of filing cannot be cured after the fact by substitution of
parites — one can’t transfer what one doesn’t have. Lack of standing,
however, is a raise-or-waive affirmative defense (see Glynn case attached).
Fl.R.Civ.Pro http://Fl.R.Civ.Pro 1.260 allows for substitution of parites
if the the interest is transferred from the original party to another by
order of court. One who lacks interest in the subject matter cannot
transfer the interest to another. The case must be dismissed and re-filed
by one who has standing.
Note there are numerous standing cases in the foreclosure context as banks
were filing all the time without standing.
Hope this helps.
Gioia
This e-mail transmission and any documents, files or previous e-mail
messages attached to it, are confidential and are protected by the
attorney-client privilege and/or work product doctrine. If you are not the
intended recipient, or a person responsible for delivering it to the
intended recipient, you are hereby notified that any review, disclosure,
copying, dissemination, distribution or use of any of the information
contained in, or attached to this e-mail transmission is STRICTLY
PROHIBITED. If you have received this transmission in error, please
immediately notify me by forwarding this e-mail to Info@dvllclegal.com
mailto:Info@dvllclegal.com , or by telephone at (845) 321-0242
tel:%28845%29%20321-0242 and then delete the message and its attachments
from your computer.
From: landten-bounces@lists.flabarrpptl.org on behalf of Leonard Cabral
LensLaw@Lenslaw.com
Reply-To: RPPTL Landlord Tenant Committee landten@lists.flabarrpptl.org
Date: Monday, July 20, 2015 at 11:40 PM
To: RPPTL Landlord Tenant Committee landten@lists.flabarrpptl.org
Subject: [RPPTL LandTen] I need clarification on 83.60
Group:
83.60(1)(a) “The landlord must be given an opportunity to cure a deficiency
in a notice or in the pleadings before dismissal of the action.” A
complaint was filed by an Orlando attorney with the wrong landlord’s name.
(no standing). -He has now a motion to amend pursuant to 83.60 to change the
name of the plaintiff. Is standing a deficiency in the pleadings that can be
amended?Does anyone have the legislative intent they are willing to share?
Any ideas welcome.
Leonard P. Cabral, Esq.
212 North Park Ave.,
Sanford, FL 32771
(407)330-4998 tel:%28407%29330-4998
The information herein is legally privileged For Official Use Only and
protected under the Privacy Acto of 1974, as amended. Unauthorized
disclosure or misue of this Personal Information may result in criminal
and/or civil penalties." If you have received this e-mail message in error,
please reply to sender immediately with the statement "RECEIVED IN ERROR"and
destroy the original message.
_______________________________________________ landten mailing list
landten@lists.flabarrpptl.orghttp://mailman.fsr.com/mailman/listinfo/landten
landten mailing list
landten@lists.flabarrpptl.org
http://mailman.fsr.com/mailman/listinfo/landten
_______________________________________________ landten mailing list
landten@lists.flabarrpptl.org
http://mailman.fsr.com/mailman/listinfo/landten
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http://mailman.fsr.com/mailman/listinfo/landten
Great stuff Gioia -- this will be very useful going forward.
Hegel Laurent, ESQ.
Laurent Law Office, P.L.
One Biscayne Place
11098 Biscayne Blvd., Ste. 401
Miami, Florida 33161
Phone: 305. 968. 4642 // Fax: 786.233.6169
Email Confidentiality Privileged/Confidential Information may be contained
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(or responsible for delivery of the message to such person), you may not
copy or send this message to anyone. In such case, you should destroy this
message and kindly notify the sender by reply e-mail.
On Tue, Jul 21, 2015 at 7:23 PM, Gioia DeCarlo gdc@dvllclegal.com wrote:
You are most welcome.
(it’s “Gioia”)
This e-mail transmission and any documents, files or previous e-mail
messages attached to it, are confidential and are protected by the
attorney-client privilege and/or work product doctrine. If you are not the
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intended recipient, you are hereby notified that any review, disclosure,
copying, dissemination, distribution or use of any of the information
contained in, or attached to this e-mail transmission is STRICTLY
PROHIBITED. If you have received this transmission in error, please
immediately notify me by forwarding this e-mail to Info@dvllclegal.com,
or by telephone at (845) 321-0242 and then delete the message and its
attachments from your computer.
From: landten-bounces@lists.flabarrpptl.org on behalf of Leonard Cabral
LensLaw@Lenslaw.com
Reply-To: RPPTL Landlord Tenant Committee landten@lists.flabarrpptl.org
Date: Tuesday, July 21, 2015 at 4:40 PM
To: RPPTL Landlord Tenant Committee landten@lists.flabarrpptl.org
Subject: Re: [RPPTL LandTen] I need clarification on 83.60
Gloria:
Thanks, All Great Cases!! Raised standing in my affirmative defenses and
Motion to Dismiss is base on standing.
Leonard P. Cabral, Esq.
From: landten-bounces@lists.flabarrpptl.org [
mailto:landten-bounces@lists.flabarrpptl.org
landten-bounces@lists.flabarrpptl.org] *On Behalf Of *Gioia DeCarlo
Sent: Tuesday, July 21, 2015 11:06 AM
To: RPPTL Landlord Tenant Committee
Subject: Re: [RPPTL LandTen] I need clarification on 83.60
Oops! Just realized I attached the wrong Glynn document that although
plaintiff must have standing at time of filing complaint, the affirmative
defense of no standing must be raised or it is waived. Here it is.
Gioia
This e-mail transmission and any documents, files or previous e-mail
messages attached to it, are confidential and are protected by the
attorney-client privilege and/or work product doctrine. If you are not the
intended recipient, or a person responsible for delivering it to the
intended recipient, you are hereby notified that any review, disclosure,
copying, dissemination, distribution or use of any of the information
contained in, or attached to this e-mail transmission is STRICTLY
PROHIBITED. If you have received this transmission in error, please
immediately notify me by forwarding this e-mail to Info@dvllclegal.com,
or by telephone at (845) 321-0242 and then delete the message and its
attachments from your computer.
*From: *landten-bounces@lists.flabarrpptl.org on behalf of Eddy Leal <
el@leallegal.com>
*Reply-To: *RPPTL Landlord Tenant Committee <landten@lists.flabarrpptl.org
*Date: *Tuesday, July 21, 2015 at 10:08 AM
*To: *RPPTL Landlord Tenant Committee landten@lists.flabarrpptl.org
*Subject: *Re: [RPPTL LandTen] I need clarification on 83.60
You might find the attached foreclosure case helpful in your search.
Citing to the *Jeff-Ray *and Progressive, Second District recognizes
that standing has to be met at the inception of the lawsuit. "The
appellate courts are nonetheless compelled to reverse based on the district
courts' application of a long line of supreme court cases applying the
general principle that “the plaintiff's lack of standing at the inception
of the case is not a defect that may be cured by the acquisition of
standing after the case is filed.” Attached is the case.
Eddy Leal
Eddy Leal, P.A.
201 South Biscayne Blvd, Suite 2650
Miami, FL 33131
Office: 305-914-0071
Fax: 305-901-2378
E-Mail: el@leallegal.com
On Tue, Jul 21, 2015 at 9:23 AM, Gioia DeCarlo gdc@dvllclegal.com wrote:
Standing must exist at time of the filing of the lawsuit. If not, the
case must be dismissed. Jeff-Ray case, Progressive case, attached. Lack
of standing at time of filing cannot be cured after the fact by
substitution of parites — one can’t transfer what one doesn’t have. Lack
of standing, however, is a raise-or-waive affirmative defense (see Glynn
case attached).
Fl.R.Civ.Pro 1.260 allows for substitution of parites if the the interest
is transferred from the original party to another by order of court. One
who lacks interest in the subject matter cannot transfer the interest to
another. The case must be dismissed and re-filed by one who has standing.
Note there are numerous standing cases in the foreclosure context as banks
were filing all the time without standing.
Hope this helps.
Gioia
This e-mail transmission and any documents, files or previous e-mail
messages attached to it, are confidential and are protected by the
attorney-client privilege and/or work product doctrine. If you are not the
intended recipient, or a person responsible for delivering it to the
intended recipient, you are hereby notified that any review, disclosure,
copying, dissemination, distribution or use of any of the information
contained in, or attached to this e-mail transmission is STRICTLY
PROHIBITED. If you have received this transmission in error, please
immediately notify me by forwarding this e-mail to Info@dvllclegal.com,
or by telephone at (845) 321-0242 and then delete the message and its
attachments from your computer.
*From: *landten-bounces@lists.flabarrpptl.org on behalf of Leonard
Cabral LensLaw@Lenslaw.com
*Reply-To: *RPPTL Landlord Tenant Committee <landten@lists.flabarrpptl.org
*Date: *Monday, July 20, 2015 at 11:40 PM
*To: *RPPTL Landlord Tenant Committee landten@lists.flabarrpptl.org
*Subject: *[RPPTL LandTen] I need clarification on 83.60
Group:
83.60(1)(a) “The landlord must be given an opportunity to cure a
deficiency in a notice or in the pleadings before dismissal of the
action.” A complaint was filed by an Orlando attorney with the wrong
landlord’s name. (no standing). -He has now a motion to amend pursuant to
83.60 to change the name of the plaintiff. Is standing a deficiency in the
pleadings that can be amended?Does anyone have the legislative intent
they are willing to share? Any ideas welcome.
Leonard P. Cabral, Esq.
212 North Park Ave.,
Sanford, FL 32771
(407)330-4998
The information herein is legally privileged For Official Use Only and
protected under the Privacy Acto of 1974, as amended. Unauthorized
disclosure or misue of this Personal Information may result in criminal
and/or civil penalties." If you have received this e-mail message in
error, please reply to sender immediately with the statement "RECEIVED IN
ERROR"and destroy the original message.
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http://mailman.fsr.com/mailman/listinfo/landten
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http://mailman.fsr.com/mailman/listinfo/landten
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landten@lists.flabarrpptl.org
http://mailman.fsr.com/mailman/listinfo/landten
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Hi Hegel!
Glad you can use it.
Gioia
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messages attached to it, are confidential and are protected by the
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PROHIBITED. If you have received this transmission in error, please
immediately notify me by forwarding this e-mail to Info@dvllclegal.com, or
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attachments from your computer.
From: landten-bounces@lists.flabarrpptl.org on behalf of Hegel Laurent
hlaurent85@gmail.com
Reply-To: RPPTL Landlord Tenant Committee landten@lists.flabarrpptl.org
Date: Wednesday, July 22, 2015 at 2:12 PM
To: RPPTL Landlord Tenant Committee landten@lists.flabarrpptl.org
Subject: Re: [RPPTL LandTen] I need clarification on 83.60
Great stuff Gioia -- this will be very useful going forward.
Hegel Laurent, ESQ.
Laurent Law Office, P.L.
One Biscayne Place
11098 Biscayne Blvd., Ste. 401
Miami, Florida 33161
Phone: 305. 968. 4642 // Fax: 786.233.6169
Email ConfidentialityPrivileged/Confidential Information may be contained in
this message. If you are not the addressee indicated in this message (or
responsible for delivery of the message to such person), you may not copy or
send this message to anyone. In such case, you should destroy this message
and kindly notify the sender by reply e-mail.
On Tue, Jul 21, 2015 at 7:23 PM, Gioia DeCarlo gdc@dvllclegal.com wrote:
You are most welcome.
(it’s “Gioia”)
This e-mail transmission and any documents, files or previous e-mail messages
attached to it, are confidential and are protected by the attorney-client
privilege and/or work product doctrine. If you are not the intended recipient,
or a person responsible for delivering it to the intended recipient, you are
hereby notified that any review, disclosure, copying, dissemination,
distribution or use of any of the information contained in, or attached to
this e-mail transmission is STRICTLY PROHIBITED. If you have received this
transmission in error, please immediately notify me by forwarding this e-mail
to Info@dvllclegal.com, or by telephone at (845) 321-0242
tel:%28845%29%20321-0242 and then delete the message and its attachments
from your computer.
From: landten-bounces@lists.flabarrpptl.org on behalf of Leonard Cabral
LensLaw@Lenslaw.com
Reply-To: RPPTL Landlord Tenant Committee landten@lists.flabarrpptl.org
Date: Tuesday, July 21, 2015 at 4:40 PM
To: RPPTL Landlord Tenant Committee landten@lists.flabarrpptl.org
Subject: Re: [RPPTL LandTen] I need clarification on 83.60
Gloria:
Thanks, All Great Cases!! Raised standing in my affirmative defenses and
Motion to Dismiss is base on standing.
Leonard P. Cabral, Esq.
Leonardcabral@lenslaw.com
From: landten-bounces@lists.flabarrpptl.org
[mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of Gioia DeCarlo
Sent: Tuesday, July 21, 2015 11:06 AM
To: RPPTL Landlord Tenant Committee
Subject: Re: [RPPTL LandTen] I need clarification on 83.60
Oops! Just realized I attached the wrong Glynn document that although
plaintiff must have standing at time of filing complaint, the affirmative
defense of no standing must be raised or it is waived. Here it is.
Gioia
This e-mail transmission and any documents, files or previous e-mail messages
attached to it, are confidential and are protected by the attorney-client
privilege and/or work product doctrine. If you are not the intended recipient,
or a person responsible for delivering it to the intended recipient, you are
hereby notified that any review, disclosure, copying, dissemination,
distribution or use of any of the information contained in, or attached to
this e-mail transmission is STRICTLY PROHIBITED. If you have received this
transmission in error, please immediately notify me by forwarding this e-mail
to Info@dvllclegal.com mailto:Info@dvllclegal.com , or by telephone at (845)
321-0242 tel:%28845%29%20321-0242 and then delete the message and its
attachments from your computer.
From: landten-bounces@lists.flabarrpptl.org on behalf of Eddy Leal
el@leallegal.com
Reply-To: RPPTL Landlord Tenant Committee landten@lists.flabarrpptl.org
Date: Tuesday, July 21, 2015 at 10:08 AM
To: RPPTL Landlord Tenant Committee landten@lists.flabarrpptl.org
Subject: Re: [RPPTL LandTen] I need clarification on 83.60
You might find the attached foreclosure case helpful in your search.
Citing to the Jeff-Ray and Progressive, Second District recognizes that
standing has to be met at the inception of the lawsuit. "The appellate courts
are nonetheless compelled to reverse based on the district courts' application
of a long line of supreme court cases applying the general principle that “the
plaintiff's lack of standing at the inception of the case is not a defect that
may be cured by the acquisition of standing after the case is filed.” Attached
is the case.
Eddy Leal
Eddy Leal, P.A.
201 South Biscayne Blvd, Suite 2650
Miami, FL 33131
Office: 305-914-0071 tel:305-914-0071
Fax: 305-901-2378 tel:305-901-2378
E-Mail: el@leallegal.com
On Tue, Jul 21, 2015 at 9:23 AM, Gioia DeCarlo gdc@dvllclegal.com wrote:
Standing must exist at time of the filing of the lawsuit. If not, the case
must be dismissed. Jeff-Ray case, Progressive case, attached. Lack of
standing at time of filing cannot be cured after the fact by substitution of
parites — one can’t transfer what one doesn’t have. Lack of standing,
however, is a raise-or-waive affirmative defense (see Glynn case attached).
Fl.R.Civ.Pro http://Fl.R.Civ.Pro 1.260 allows for substitution of parites
if the the interest is transferred from the original party to another by order
of court. One who lacks interest in the subject matter cannot transfer the
interest to another. The case must be dismissed and re-filed by one who has
standing.
Note there are numerous standing cases in the foreclosure context as banks
were filing all the time without standing.
Hope this helps.
Gioia
This e-mail transmission and any documents, files or previous e-mail messages
attached to it, are confidential and are protected by the attorney-client
privilege and/or work product doctrine. If you are not the intended recipient,
or a person responsible for delivering it to the intended recipient, you are
hereby notified that any review, disclosure, copying, dissemination,
distribution or use of any of the information contained in, or attached to
this e-mail transmission is STRICTLY PROHIBITED. If you have received this
transmission in error, please immediately notify me by forwarding this e-mail
to Info@dvllclegal.com mailto:Info@dvllclegal.com , or by telephone at (845)
321-0242 tel:%28845%29%20321-0242 and then delete the message and its
attachments from your computer.
From: landten-bounces@lists.flabarrpptl.org on behalf of Leonard Cabral
LensLaw@Lenslaw.com
Reply-To: RPPTL Landlord Tenant Committee landten@lists.flabarrpptl.org
Date: Monday, July 20, 2015 at 11:40 PM
To: RPPTL Landlord Tenant Committee landten@lists.flabarrpptl.org
Subject: [RPPTL LandTen] I need clarification on 83.60
Group:
83.60(1)(a) “The landlord must be given an opportunity to cure a deficiency
in a notice or in the pleadings before dismissal of the action.” A complaint
was filed by an Orlando attorney with the wrong landlord’s name. (no
standing). -He has now a motion to amend pursuant to 83.60 to change the name
of the plaintiff. Is standing a deficiency in the pleadings that can be
amended?Does anyone have the legislative intent they are willing to share?
Any ideas welcome.
Leonard P. Cabral, Esq.
212 North Park Ave.,
Sanford, FL 32771
(407)330-4998 tel:%28407%29330-4998
The information herein is legally privileged For Official Use Only and
protected under the Privacy Acto of 1974, as amended. Unauthorized disclosure
or misue of this Personal Information may result in criminal and/or civil
penalties." If you have received this e-mail message in error, please reply to
sender immediately with the statement "RECEIVED IN ERROR"and destroy the
original message.
_______________________________________________ landten mailing list
landten@lists.flabarrpptl.orghttp://mailman.fsr.com/mailman/listinfo/landten
landten mailing list
landten@lists.flabarrpptl.org
http://mailman.fsr.com/mailman/listinfo/landten
_______________________________________________ landten mailing list
landten@lists.flabarrpptl.org http://mailman.fsr.com/mailman/listinfo/landten
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landten@lists.flabarrpptl.orghttp://mailman.fsr.com/mailman/listinfo/landten
landten mailing list
landten@lists.flabarrpptl.org
http://mailman.fsr.com/mailman/listinfo/landten
_______________________________________________ landten mailing list
landten@lists.flabarrpptl.org
http://mailman.fsr.com/mailman/listinfo/landten
Sorry about the misspelling of your name, my spell checker has a mind of its own.
From: landten-bounces@lists.flabarrpptl.org [mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of Gioia DeCarlo
Sent: Tuesday, July 21, 2015 7:23 PM
To: RPPTL Landlord Tenant Committee
Subject: Re: [RPPTL LandTen] I need clarification on 83.60
You are most welcome.
(it’s “Gioia”)
[cid:image001.png@01D0C4B0.57E70330]
This e-mail transmission and any documents, files or previous e-mail messages attached to it, are confidential and are protected by the attorney-client privilege and/or work product doctrine. If you are not the intended recipient, or a person responsible for delivering it to the intended recipient, you are hereby notified that any review, disclosure, copying, dissemination, distribution or use of any of the information contained in, or attached to this e-mail transmission is STRICTLY PROHIBITED. If you have received this transmission in error, please immediately notify me by forwarding this e-mail to Info@dvllclegal.commailto:Info@dvllclegal.com, or by telephone at (845) 321-0242 and then delete the message and its attachments from your computer.
From: <landten-bounces@lists.flabarrpptl.orgmailto:landten-bounces@lists.flabarrpptl.org> on behalf of Leonard Cabral <LensLaw@Lenslaw.commailto:LensLaw@Lenslaw.com>
Reply-To: RPPTL Landlord Tenant Committee <landten@lists.flabarrpptl.orgmailto:landten@lists.flabarrpptl.org>
Date: Tuesday, July 21, 2015 at 4:40 PM
To: RPPTL Landlord Tenant Committee <landten@lists.flabarrpptl.orgmailto:landten@lists.flabarrpptl.org>
Subject: Re: [RPPTL LandTen] I need clarification on 83.60
Gloria:
Thanks, All Great Cases!! Raised standing in my affirmative defenses and Motion to Dismiss is base on standing.
Leonard P. Cabral, Esq.
Leonardcabral@lenslaw.commailto:Leonardcabral@lenslaw.com
From: landten-bounces@lists.flabarrpptl.orgmailto:landten-bounces@lists.flabarrpptl.org [mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of Gioia DeCarlo
Sent: Tuesday, July 21, 2015 11:06 AM
To: RPPTL Landlord Tenant Committee
Subject: Re: [RPPTL LandTen] I need clarification on 83.60
Oops! Just realized I attached the wrong Glynn document that although plaintiff must have standing at time of filing complaint, the affirmative defense of no standing must be raised or it is waived. Here it is.
Gioia
[cid:image001.png@01D0C4B0.57E70330]
This e-mail transmission and any documents, files or previous e-mail messages attached to it, are confidential and are protected by the attorney-client privilege and/or work product doctrine. If you are not the intended recipient, or a person responsible for delivering it to the intended recipient, you are hereby notified that any review, disclosure, copying, dissemination, distribution or use of any of the information contained in, or attached to this e-mail transmission is STRICTLY PROHIBITED. If you have received this transmission in error, please immediately notify me by forwarding this e-mail to Info@dvllclegal.commailto:Info@dvllclegal.com, or by telephone at (845) 321-0242 and then delete the message and its attachments from your computer.
From: <landten-bounces@lists.flabarrpptl.orgmailto:landten-bounces@lists.flabarrpptl.org> on behalf of Eddy Leal <el@leallegal.commailto:el@leallegal.com>
Reply-To: RPPTL Landlord Tenant Committee <landten@lists.flabarrpptl.orgmailto:landten@lists.flabarrpptl.org>
Date: Tuesday, July 21, 2015 at 10:08 AM
To: RPPTL Landlord Tenant Committee <landten@lists.flabarrpptl.orgmailto:landten@lists.flabarrpptl.org>
Subject: Re: [RPPTL LandTen] I need clarification on 83.60
You might find the attached foreclosure case helpful in your search.
Citing to the Jeff-Ray and Progressive, Second District recognizes that standing has to be met at the inception of the lawsuit. "The appellate courts are nonetheless compelled to reverse based on the district courts' application of a long line of supreme court cases applying the general principle that “the plaintiff's lack of standing at the inception of the case is not a defect that may be cured by the acquisition of standing after the case is filed.” Attached is the case.
Eddy Leal
Eddy Leal, P.A.
201 South Biscayne Blvd, Suite 2650
Miami, FL 33131
Office: 305-914-0071
Fax: 305-901-2378
E-Mail: el@leallegal.commailto:el@leallegal.com
On Tue, Jul 21, 2015 at 9:23 AM, Gioia DeCarlo <gdc@dvllclegal.commailto:gdc@dvllclegal.com> wrote:
Standing must exist at time of the filing of the lawsuit. If not, the case must be dismissed. Jeff-Ray case, Progressive case, attached. Lack of standing at time of filing cannot be cured after the fact by substitution of parites — one can’t transfer what one doesn’t have. Lack of standing, however, is a raise-or-waive affirmative defense (see Glynn case attached).
Fl.R.Civ.Prohttp://Fl.R.Civ.Pro 1.260 allows for substitution of parites if the the interest is transferred from the original party to another by order of court. One who lacks interest in the subject matter cannot transfer the interest to another. The case must be dismissed and re-filed by one who has standing.
Note there are numerous standing cases in the foreclosure context as banks were filing all the time without standing.
Hope this helps.
Gioia
[cid:image001.png@01D0C4B0.57E70330]
This e-mail transmission and any documents, files or previous e-mail messages attached to it, are confidential and are protected by the attorney-client privilege and/or work product doctrine. If you are not the intended recipient, or a person responsible for delivering it to the intended recipient, you are hereby notified that any review, disclosure, copying, dissemination, distribution or use of any of the information contained in, or attached to this e-mail transmission is STRICTLY PROHIBITED. If you have received this transmission in error, please immediately notify me by forwarding this e-mail to Info@dvllclegal.commailto:Info@dvllclegal.com, or by telephone at (845) 321-0242tel:%28845%29%20321-0242 and then delete the message and its attachments from your computer.
From: <landten-bounces@lists.flabarrpptl.orgmailto:landten-bounces@lists.flabarrpptl.org> on behalf of Leonard Cabral <LensLaw@Lenslaw.commailto:LensLaw@Lenslaw.com>
Reply-To: RPPTL Landlord Tenant Committee <landten@lists.flabarrpptl.orgmailto:landten@lists.flabarrpptl.org>
Date: Monday, July 20, 2015 at 11:40 PM
To: RPPTL Landlord Tenant Committee <landten@lists.flabarrpptl.orgmailto:landten@lists.flabarrpptl.org>
Subject: [RPPTL LandTen] I need clarification on 83.60
Group:
83.60(1)(a) “The landlord must be given an opportunity to cure a deficiency in a notice or in the pleadings before dismissal of the action.” A complaint was filed by an Orlando attorney with the wrong landlord’s name. (no standing). -He has now a motion to amend pursuant to 83.60 to change the name of the plaintiff. Is standing a deficiency in the pleadings that can be amended?Does anyone have the legislative intent they are willing to share? Any ideas welcome.
Leonard P. Cabral, Esq.
212 North Park Ave.,
Sanford, FL 32771
Leonardcabral@lenslaw.commailto:Leonardcabral@lenslaw.com
(407)330-4998tel:%28407%29330-4998
The information herein is legally privileged For Official Use Only and protected under the Privacy Acto of 1974, as amended. Unauthorized disclosure or misue of this Personal Information may result in criminal and/or civil penalties." If you have received this e-mail message in error, please reply to sender immediately with the statement "RECEIVED IN ERROR"and destroy the original message.
_______________________________________________ landten mailing list landten@lists.flabarrpptl.orgmailto:landten@lists.flabarrpptl.orghttp://mailman.fsr.com/mailman/listinfo/landten
landten mailing list
landten@lists.flabarrpptl.orgmailto:landten@lists.flabarrpptl.org
http://mailman.fsr.com/mailman/listinfo/landten
_______________________________________________ landten mailing list landten@lists.flabarrpptl.orgmailto:landten@lists.flabarrpptl.org http://mailman.fsr.com/mailman/listinfo/landten
_______________________________________________ landten mailing list landten@lists.flabarrpptl.orgmailto:landten@lists.flabarrpptl.org http://mailman.fsr.com/mailman/listinfo/landten
No problem. I am used to spelling and re-spelling it (as well as
pronouncing and re-pronouncing it).
This e-mail transmission and any documents, files or previous e-mail
messages attached to it, are confidential and are protected by the
attorney-client privilege and/or work product doctrine. If you are not the
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intended recipient, you are hereby notified that any review, disclosure,
copying, dissemination, distribution or use of any of the information
contained in, or attached to this e-mail transmission is STRICTLY
PROHIBITED. If you have received this transmission in error, please
immediately notify me by forwarding this e-mail to Info@dvllclegal.com, or
by telephone at (845) 321-0242 and then delete the message and its
attachments from your computer.
From: landten-bounces@lists.flabarrpptl.org on behalf of Leonard Cabral
LensLaw@Lenslaw.com
Reply-To: RPPTL Landlord Tenant Committee landten@lists.flabarrpptl.org
Date: Wednesday, July 22, 2015 at 6:58 PM
To: RPPTL Landlord Tenant Committee landten@lists.flabarrpptl.org
Subject: Re: [RPPTL LandTen] I need clarification on 83.60
Sorry about the misspelling of your name, my spell checker has a mind of its
own.
From: landten-bounces@lists.flabarrpptl.org
[mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of Gioia DeCarlo
Sent: Tuesday, July 21, 2015 7:23 PM
To: RPPTL Landlord Tenant Committee
Subject: Re: [RPPTL LandTen] I need clarification on 83.60
You are most welcome.
(it’s “Gioia”)
This e-mail transmission and any documents, files or previous e-mail
messages attached to it, are confidential and are protected by the
attorney-client privilege and/or work product doctrine. If you are not the
intended recipient, or a person responsible for delivering it to the
intended recipient, you are hereby notified that any review, disclosure,
copying, dissemination, distribution or use of any of the information
contained in, or attached to this e-mail transmission is STRICTLY
PROHIBITED. If you have received this transmission in error, please
immediately notify me by forwarding this e-mail to Info@dvllclegal.com
mailto:Info@dvllclegal.com , or by telephone at (845) 321-0242 and then
delete the message and its attachments from your computer.
From: landten-bounces@lists.flabarrpptl.org on behalf of Leonard Cabral
LensLaw@Lenslaw.com
Reply-To: RPPTL Landlord Tenant Committee landten@lists.flabarrpptl.org
Date: Tuesday, July 21, 2015 at 4:40 PM
To: RPPTL Landlord Tenant Committee landten@lists.flabarrpptl.org
Subject: Re: [RPPTL LandTen] I need clarification on 83.60
Gloria:
Thanks, All Great Cases!! Raised standing in my affirmative defenses and
Motion to Dismiss is base on standing.
Leonard P. Cabral, Esq.
Leonardcabral@lenslaw.com
From:landten-bounces@lists.flabarrpptl.org
[mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of Gioia DeCarlo
Sent: Tuesday, July 21, 2015 11:06 AM
To: RPPTL Landlord Tenant Committee
Subject: Re: [RPPTL LandTen] I need clarification on 83.60
Oops! Just realized I attached the wrong Glynn document that although
plaintiff must have standing at time of filing complaint, the affirmative
defense of no standing must be raised or it is waived. Here it is.
Gioia
This e-mail transmission and any documents, files or previous e-mail
messages attached to it, are confidential and are protected by the
attorney-client privilege and/or work product doctrine. If you are not the
intended recipient, or a person responsible for delivering it to the
intended recipient, you are hereby notified that any review, disclosure,
copying, dissemination, distribution or use of any of the information
contained in, or attached to this e-mail transmission is STRICTLY
PROHIBITED. If you have received this transmission in error, please
immediately notify me by forwarding this e-mail to Info@dvllclegal.com
mailto:Info@dvllclegal.com , or by telephone at (845) 321-0242 and then
delete the message and its attachments from your computer.
From: landten-bounces@lists.flabarrpptl.org on behalf of Eddy Leal
el@leallegal.com
Reply-To: RPPTL Landlord Tenant Committee landten@lists.flabarrpptl.org
Date: Tuesday, July 21, 2015 at 10:08 AM
To: RPPTL Landlord Tenant Committee landten@lists.flabarrpptl.org
Subject: Re: [RPPTL LandTen] I need clarification on 83.60
You might find the attached foreclosure case helpful in your search.
Citing to the Jeff-Ray and Progressive, Second District recognizes that
standing has to be met at the inception of the lawsuit. "The appellate
courts are nonetheless compelled to reverse based on the district courts'
application of a long line of supreme court cases applying the general
principle that “the plaintiff's lack of standing at the inception of the
case is not a defect that may be cured by the acquisition of standing after
the case is filed.” Attached is the case.
Eddy Leal
Eddy Leal, P.A.
201 South Biscayne Blvd, Suite 2650
Miami, FL 33131
Office: 305-914-0071
Fax: 305-901-2378
E-Mail: el@leallegal.com
On Tue, Jul 21, 2015 at 9:23 AM, Gioia DeCarlo gdc@dvllclegal.com wrote:
Standing must exist at time of the filing of the lawsuit. If not, the case
must be dismissed. Jeff-Ray case, Progressive case, attached. Lack of
standing at time of filing cannot be cured after the fact by substitution of
parites — one can’t transfer what one doesn’t have. Lack of standing,
however, is a raise-or-waive affirmative defense (see Glynn case attached).
Fl.R.Civ.Pro http://Fl.R.Civ.Pro 1.260 allows for substitution of parites
if the the interest is transferred from the original party to another by
order of court. One who lacks interest in the subject matter cannot
transfer the interest to another. The case must be dismissed and re-filed
by one who has standing.
Note there are numerous standing cases in the foreclosure context as banks
were filing all the time without standing.
Hope this helps.
Gioia
This e-mail transmission and any documents, files or previous e-mail
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From: landten-bounces@lists.flabarrpptl.org on behalf of Leonard Cabral
LensLaw@Lenslaw.com
Reply-To: RPPTL Landlord Tenant Committee landten@lists.flabarrpptl.org
Date: Monday, July 20, 2015 at 11:40 PM
To: RPPTL Landlord Tenant Committee landten@lists.flabarrpptl.org
Subject: [RPPTL LandTen] I need clarification on 83.60
Group:
83.60(1)(a) “The landlord must be given an opportunity to cure a deficiency
in a notice or in the pleadings before dismissal of the action.” A
complaint was filed by an Orlando attorney with the wrong landlord’s name.
(no standing). -He has now a motion to amend pursuant to 83.60 to change the
name of the plaintiff. Is standing a deficiency in the pleadings that can be
amended?Does anyone have the legislative intent they are willing to share?
Any ideas welcome.
Leonard P. Cabral, Esq.
212 North Park Ave.,
Sanford, FL 32771
(407)330-4998 tel:%28407%29330-4998
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Thank you for all you help. At the hearing on Plaintiff’s “Motion to Re-Serve and Amend” the judge stated with my motion to dismiss for standing. My motion was granted. Landlords cannot avoid the basic rule of standing ☺.
Leonard P. Cabral
Leonardcabral@lenslaw.com
From: landten-bounces@lists.flabarrpptl.org [mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of Gioia DeCarlo
Sent: Tuesday, July 21, 2015 11:06 AM
To: RPPTL Landlord Tenant Committee
Subject: Re: [RPPTL LandTen] I need clarification on 83.60
Oops! Just realized I attached the wrong Glynn document that although plaintiff must have standing at time of filing complaint, the affirmative defense of no standing must be raised or it is waived. Here it is.
Gioia
[cid:image001.png@01D0C924.115197F0]
This e-mail transmission and any documents, files or previous e-mail messages attached to it, are confidential and are protected by the attorney-client privilege and/or work product doctrine. If you are not the intended recipient, or a person responsible for delivering it to the intended recipient, you are hereby notified that any review, disclosure, copying, dissemination, distribution or use of any of the information contained in, or attached to this e-mail transmission is STRICTLY PROHIBITED. If you have received this transmission in error, please immediately notify me by forwarding this e-mail to Info@dvllclegal.commailto:Info@dvllclegal.com, or by telephone at (845) 321-0242 and then delete the message and its attachments from your computer.
From: <landten-bounces@lists.flabarrpptl.orgmailto:landten-bounces@lists.flabarrpptl.org> on behalf of Eddy Leal <el@leallegal.commailto:el@leallegal.com>
Reply-To: RPPTL Landlord Tenant Committee <landten@lists.flabarrpptl.orgmailto:landten@lists.flabarrpptl.org>
Date: Tuesday, July 21, 2015 at 10:08 AM
To: RPPTL Landlord Tenant Committee <landten@lists.flabarrpptl.orgmailto:landten@lists.flabarrpptl.org>
Subject: Re: [RPPTL LandTen] I need clarification on 83.60
You might find the attached foreclosure case helpful in your search.
Citing to the Jeff-Ray and Progressive, Second District recognizes that standing has to be met at the inception of the lawsuit. "The appellate courts are nonetheless compelled to reverse based on the district courts' application of a long line of supreme court cases applying the general principle that “the plaintiff's lack of standing at the inception of the case is not a defect that may be cured by the acquisition of standing after the case is filed.” Attached is the case.
Eddy Leal
Eddy Leal, P.A.
201 South Biscayne Blvd, Suite 2650
Miami, FL 33131
Office: 305-914-0071
Fax: 305-901-2378
E-Mail: el@leallegal.commailto:el@leallegal.com
On Tue, Jul 21, 2015 at 9:23 AM, Gioia DeCarlo <gdc@dvllclegal.commailto:gdc@dvllclegal.com> wrote:
Standing must exist at time of the filing of the lawsuit. If not, the case must be dismissed. Jeff-Ray case, Progressive case, attached. Lack of standing at time of filing cannot be cured after the fact by substitution of parites — one can’t transfer what one doesn’t have. Lack of standing, however, is a raise-or-waive affirmative defense (see Glynn case attached).
Fl.R.Civ.Prohttp://Fl.R.Civ.Pro 1.260 allows for substitution of parites if the the interest is transferred from the original party to another by order of court. One who lacks interest in the subject matter cannot transfer the interest to another. The case must be dismissed and re-filed by one who has standing.
Note there are numerous standing cases in the foreclosure context as banks were filing all the time without standing.
Hope this helps.
Gioia
[cid:image001.png@01D0C924.115197F0]
This e-mail transmission and any documents, files or previous e-mail messages attached to it, are confidential and are protected by the attorney-client privilege and/or work product doctrine. If you are not the intended recipient, or a person responsible for delivering it to the intended recipient, you are hereby notified that any review, disclosure, copying, dissemination, distribution or use of any of the information contained in, or attached to this e-mail transmission is STRICTLY PROHIBITED. If you have received this transmission in error, please immediately notify me by forwarding this e-mail to Info@dvllclegal.commailto:Info@dvllclegal.com, or by telephone at (845) 321-0242tel:%28845%29%20321-0242 and then delete the message and its attachments from your computer.
From: <landten-bounces@lists.flabarrpptl.orgmailto:landten-bounces@lists.flabarrpptl.org> on behalf of Leonard Cabral <LensLaw@Lenslaw.commailto:LensLaw@Lenslaw.com>
Reply-To: RPPTL Landlord Tenant Committee <landten@lists.flabarrpptl.orgmailto:landten@lists.flabarrpptl.org>
Date: Monday, July 20, 2015 at 11:40 PM
To: RPPTL Landlord Tenant Committee <landten@lists.flabarrpptl.orgmailto:landten@lists.flabarrpptl.org>
Subject: [RPPTL LandTen] I need clarification on 83.60
Group:
83.60(1)(a) “The landlord must be given an opportunity to cure a deficiency in a notice or in the pleadings before dismissal of the action.” A complaint was filed by an Orlando attorney with the wrong landlord’s name. (no standing). -He has now a motion to amend pursuant to 83.60 to change the name of the plaintiff. Is standing a deficiency in the pleadings that can be amended? Does anyone have the legislative intent they are willing to share? Any ideas welcome.
Leonard P. Cabral, Esq.
212 North Park Ave.,
Sanford, FL 32771
Leonardcabral@lenslaw.commailto:Leonardcabral@lenslaw.com
(407)330-4998tel:%28407%29330-4998
The information herein is legally privileged For Official Use Only and protected under the Privacy Acto of 1974, as amended. Unauthorized disclosure or misue of this Personal Information may result in criminal and/or civil penalties." If you have received this e-mail message in error, please reply to sender immediately with the statement "RECEIVED IN ERROR"and destroy the original message.
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