CA
Carlos Arias
Thu, Jul 30, 2015 4:22 PM
Barring a contract stating otherwise, you may recover fees for litigating entitlement to fees. You may not recover fees for litigating the amount of fees.
Best regards,
Carlos R. Arias
[Arias Bosinger Law Firm Logo-01]
140 N. Westmonte Dr., Ste. 100A
Altamonte Springs, Florida 32714
Tel: 407.636.2549
Fax: 321.280.2489
www.ABLawFL.comhttp://www.ablawfl.com/
From: landten-bounces@lists.flabarrpptl.org [mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of Gioia DeCarlo
Sent: Thursday, July 30, 2015 12:15 PM
To: lesstevens@earthlink.net; RPPTL Landlord Tenant Committee landten@lists.flabarrpptl.org
Subject: Re: [RPPTL LandTen] I need clarification on 83.60
I read Waverly to support getting fees for having to fight for, and collect, fees. Of course, I have never gone so far to do a fee hearing. I checked this morning with a friend of mine in Palm Beach County who has done many fee hearings. He cites Waverly all the time to get his fees for working for his fees, in a foreclosure and 57.105 context ,and he prevails. He doesn’t know why a judge would rule otherwise.
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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 lesstevens <lesstevens@earthlink.netmailto:lesstevens@earthlink.net>
Organization: Les H. Stevens, P.A.
Reply-To: <lesstevens@earthlink.netmailto:lesstevens@earthlink.net>, RPPTL Landlord Tenant Committee <landten@lists.flabarrpptl.orgmailto:landten@lists.flabarrpptl.org>
Date: Thursday, July 30, 2015 at 8:34 AM
To: 'RPPTL Landlord Tenant Committee' <landten@lists.flabarrpptl.orgmailto:landten@lists.flabarrpptl.org>
Subject: Re: [RPPTL LandTen] I need clarification on 83.60
Unless there is a provision in the Lease which states that it includes fees/costs relating to the determination of said fees/costs….had a judge bring that to my attention once, and now I include it in every document where attorneys’ fees could be recovered.
Les H. Stevens, Esquire
Les H. Stevens, P.A.
5301 North Federal Highway
Suite 130
Boca Raton, Florida 33487
Tel. - (561) 989-9797
Fax - (561) 989-8484
E-Mail - lesstevens@earthlink.netmailto:lesstevens@earthlink.net
OUR OFFICE NO LONGER ACCEPTS CASHIER'S OR BANK CHECKS AT CLOSING. ALL FUNDS MUST BE RECEIVED IN THE FORM OF A SAME DAY WIRE TRANSFER ONLY (NO ACH TRANSFERS).
THIS MESSAGE IS INTENDED ONLY FOR THE USE OF THE INDIVIDUAL OR ENTITY TO WHOM IT IS ADDRESSED, AND MAY CONTAIN INFORMATION THAT IS PRIVILEGED, CONFIDENTIAL AND/OR OTHERWISE EXEMPT FROM DISCLOSURE. IF YOU HAVE RECEIVED THIS TRANSMITTAL IN ERROR, PLEASE DELETE IT AND NOTIFY THIS OFFICE IMMEDIATELY
From: landten-bounces@lists.flabarrpptl.orgmailto:landten-bounces@lists.flabarrpptl.org [mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of Sebastian Jaramillo
Sent: Thursday, July 30, 2015 8:24 AM
To: RPPTL Landlord Tenant Committee
Subject: Re: [RPPTL LandTen] I need clarification on 83.60
My understanding is that you are not allowed to collect attorney's fees on you Motion for Attorney's Fees. In other words, you cannot get fees on fees.
Sebastian Jaramillo, Esq.
[http://lawjb.com/wp-content/uploads/2014/04/logo-jb.png]
66 W. Flagler St Suite 500 Miami, FL 33130
Tel: (305) 600-3805 Fax: (786) 347-5562
www.lawjb.comhttp://www.lawjb.com
This email and any files transmitted with it are confidential and intended solely for the use of the individual or entity to whom they are addressed. If you have received this email in error please notify the system manager. This message contains confidential information and is intended only for the individual named. If you are not the named addressee you should not disseminate, distribute or copy this e-mail. Please notify the sender immediately by e-mail if you have received this e-mail by mistake and delete this e-mail from your system. If you are not the intended recipient you are notified that disclosing, copying, distributing or taking any action in reliance on the contents of this information is strictly prohibited.
IMPORTANT TAX NOTICE: This communication is not written to be used, and cannot be used, by a taxpayer for the purpose of avoiding penalties that may be asserted against the taxpayer under the Internal Revenue Code of 1986, as amended.
On Thu, Jul 30, 2015 at 7:28 AM, Gioia DeCarlo <gdc@dvllclegal.commailto:gdc@dvllclegal.com> wrote:
The plaintiff’s case was dismissed. The judgment goes against the plaintiff (fair result, the plaintiff is the party that caused the unnecceary legal fees for your client).
Now, it may be the attorney filed with the wrong plaintiff in error or on the attorney’s advice, the case was brought by the wrong party and if so, maybe the attorney will step up and do the right thing and pay, but that’s between the plaintiff’s attorney and the plaintiff. The lawyer has no direct liability to your client of which I am aware.
Unless you get an agreement and the money right way, file your Motion to Determine Enititlement and To Tax Fees & Costs because you only have 30 days and the filing of it will likely make the other side realize they have to pay (you did prevail)— include your time for any research and drafting the motion and ask for the time that will be spent at hearing the motion. I doubt the fees will be so much that they will insist on a fee hearing to determine a reasonable fee amount (I am confident you will win on entitlement). I have never had to go that far — the times my client was entitled, the other side paid. But if you do go to a fee hearing, my understanding is that the plaintiff will then have to pay your time to prepare & attend the fee hearing and for your expert’s review of file and attendance at the fee hearing, all which make the fee hearing impractical for the plaintiff — even attending the hearing on your motion to detemine and tax is crazy for them to go. They will pay.
Gioia
Gdc@dvllclegal.commailto:Gdc@dvllclegal.com
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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: Wednesday, July 29, 2015 at 10:37 PM
To: RPPTL Landlord Tenant Committee <landten@lists.flabarrpptl.orgmailto:landten@lists.flabarrpptl.org>
Subject: Re: [RPPTL LandTen] I need clarification on 83.60
I actually had a question a bout that. Who do I ask for fees if the plaintiff is the wrong party, the attorney as sanctions?
I may be able to call the attorney and work out fees but I still filed a motion for costs and attorney fees.
Leonard P. Cabral
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 28, 2015 2:51 PM
To: RPPTL Landlord Tenant Committee
Subject: Re: [RPPTL LandTen] I need clarification on 83.60
Hi Leonard
I hope you asked for legal fees!
If not, you have 30 days to file your motion for entitlement (under 83.48) and to tax fees and costs under Fl R. Civ. Pro. 1.525.
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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: Tuesday, July 28, 2015 at 1:58 PM
To: RPPTL Landlord Tenant Committee <landten@lists.flabarrpptl.orgmailto:landten@lists.flabarrpptl.org>
Subject: Re: [RPPTL LandTen] I need clarification on 83.60
The problem with tenant defense is when the client brings in the complaint and the time the law requires a response. That doesn’t leave much time for research that I can do but not it that timeframe. So I must rely on the great lawyers on this list who have this information at their finger tips. Thanks again. YOU MADE MY DAY.
If Harry reads this, you should be able to figure out why this should also make your day.
Leonard P. Cabral, Esq.
Leonardcabral@lenslaw.commailto:Leonardcabral@lenslaw.com
Please disregard inadvertent misspellings
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 28, 2015 11:05 AM
To: RPPTL Landlord Tenant Committee
Subject: Re: [RPPTL LandTen] I need clarification on 83.60
Glad to hear it! And glad to be able help!
Gioia
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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: Tuesday, July 28, 2015 at 10:56 AM
To: RPPTL Landlord Tenant Committee <landten@lists.flabarrpptl.orgmailto:landten@lists.flabarrpptl.org>
Subject: Re: [RPPTL LandTen] I need clarification on 83.60
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.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
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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 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: 305-914-0071tel:305-914-0071
Fax: 305-901-2378tel: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
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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
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Barring a contract stating otherwise, you may recover fees for litigating entitlement to fees. You may not recover fees for litigating the amount of fees.
Best regards,
Carlos R. Arias
[Arias Bosinger Law Firm Logo-01]
140 N. Westmonte Dr., Ste. 100A
Altamonte Springs, Florida 32714
Tel: 407.636.2549
Fax: 321.280.2489
www.ABLawFL.com<http://www.ablawfl.com/>
From: landten-bounces@lists.flabarrpptl.org [mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of Gioia DeCarlo
Sent: Thursday, July 30, 2015 12:15 PM
To: lesstevens@earthlink.net; RPPTL Landlord Tenant Committee <landten@lists.flabarrpptl.org>
Subject: Re: [RPPTL LandTen] I need clarification on 83.60
I read Waverly to support getting fees for having to fight for, and collect, fees. Of course, I have never gone so far to do a fee hearing. I checked this morning with a friend of mine in Palm Beach County who has done many fee hearings. He cites Waverly all the time to get his fees for working for his fees, in a foreclosure and 57.105 context ,and he prevails. He doesn’t know why a judge would rule otherwise.
[cid:image003.png@01D0CAC2.6D65F910]
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<mailto:landten-bounces@lists.flabarrpptl.org>> on behalf of lesstevens <lesstevens@earthlink.net<mailto:lesstevens@earthlink.net>>
Organization: Les H. Stevens, P.A.
Reply-To: <lesstevens@earthlink.net<mailto:lesstevens@earthlink.net>>, RPPTL Landlord Tenant Committee <landten@lists.flabarrpptl.org<mailto:landten@lists.flabarrpptl.org>>
Date: Thursday, July 30, 2015 at 8:34 AM
To: 'RPPTL Landlord Tenant Committee' <landten@lists.flabarrpptl.org<mailto:landten@lists.flabarrpptl.org>>
Subject: Re: [RPPTL LandTen] I need clarification on 83.60
Unless there is a provision in the Lease which states that it includes fees/costs relating to the determination of said fees/costs….had a judge bring that to my attention once, and now I include it in every document where attorneys’ fees could be recovered.
Les H. Stevens, Esquire
Les H. Stevens, P.A.
5301 North Federal Highway
Suite 130
Boca Raton, Florida 33487
Tel. - (561) 989-9797
Fax - (561) 989-8484
E-Mail - lesstevens@earthlink.net<mailto:lesstevens@earthlink.net>
________________________________________________________________________________________
OUR OFFICE NO LONGER ACCEPTS CASHIER'S OR BANK CHECKS AT CLOSING. ALL FUNDS MUST BE RECEIVED IN THE FORM OF A SAME DAY WIRE TRANSFER ONLY (NO ACH TRANSFERS).
THIS MESSAGE IS INTENDED ONLY FOR THE USE OF THE INDIVIDUAL OR ENTITY TO WHOM IT IS ADDRESSED, AND MAY CONTAIN INFORMATION THAT IS PRIVILEGED, CONFIDENTIAL AND/OR OTHERWISE EXEMPT FROM DISCLOSURE. IF YOU HAVE RECEIVED THIS TRANSMITTAL IN ERROR, PLEASE DELETE IT AND NOTIFY THIS OFFICE IMMEDIATELY
From: landten-bounces@lists.flabarrpptl.org<mailto:landten-bounces@lists.flabarrpptl.org> [mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of Sebastian Jaramillo
Sent: Thursday, July 30, 2015 8:24 AM
To: RPPTL Landlord Tenant Committee
Subject: Re: [RPPTL LandTen] I need clarification on 83.60
My understanding is that you are not allowed to collect attorney's fees on you Motion for Attorney's Fees. In other words, you cannot get fees on fees.
Sebastian Jaramillo, Esq.
[http://lawjb.com/wp-content/uploads/2014/04/logo-jb.png]
66 W. Flagler St Suite 500 Miami, FL 33130
Tel: (305) 600-3805 Fax: (786) 347-5562
www.lawjb.com<http://www.lawjb.com>
This email and any files transmitted with it are confidential and intended solely for the use of the individual or entity to whom they are addressed. If you have received this email in error please notify the system manager. This message contains confidential information and is intended only for the individual named. If you are not the named addressee you should not disseminate, distribute or copy this e-mail. Please notify the sender immediately by e-mail if you have received this e-mail by mistake and delete this e-mail from your system. If you are not the intended recipient you are notified that disclosing, copying, distributing or taking any action in reliance on the contents of this information is strictly prohibited.
IMPORTANT TAX NOTICE: This communication is not written to be used, and cannot be used, by a taxpayer for the purpose of avoiding penalties that may be asserted against the taxpayer under the Internal Revenue Code of 1986, as amended.
On Thu, Jul 30, 2015 at 7:28 AM, Gioia DeCarlo <gdc@dvllclegal.com<mailto:gdc@dvllclegal.com>> wrote:
The plaintiff’s case was dismissed. The judgment goes against the plaintiff (fair result, the plaintiff is the party that caused the unnecceary legal fees for your client).
Now, it may be the attorney filed with the wrong plaintiff in error or on the attorney’s advice, the case was brought by the wrong party and if so, maybe the attorney will step up and do the right thing and pay, but that’s between the plaintiff’s attorney and the plaintiff. The lawyer has no direct liability to your client of which I am aware.
Unless you get an agreement and the money right way, file your Motion to Determine Enititlement and To Tax Fees & Costs because you only have 30 days and the filing of it will likely make the other side realize they have to pay (you did prevail)— include your time for any research and drafting the motion and ask for the time that will be spent at hearing the motion. I doubt the fees will be so much that they will insist on a fee hearing to determine a reasonable fee amount (I am confident you will win on entitlement). I have never had to go that far — the times my client was entitled, the other side paid. But if you do go to a fee hearing, my understanding is that the plaintiff will then have to pay your time to prepare & attend the fee hearing and for your expert’s review of file and attendance at the fee hearing, all which make the fee hearing impractical for the plaintiff — even attending the hearing on your motion to detemine and tax is crazy for them to go. They will pay.
Gioia
Gdc@dvllclegal.com<mailto:Gdc@dvllclegal.com>
[cid:image003.png@01D0CAC2.6D65F910]
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<mailto:landten-bounces@lists.flabarrpptl.org>> on behalf of Leonard Cabral <LensLaw@Lenslaw.com<mailto:LensLaw@Lenslaw.com>>
Reply-To: RPPTL Landlord Tenant Committee <landten@lists.flabarrpptl.org<mailto:landten@lists.flabarrpptl.org>>
Date: Wednesday, July 29, 2015 at 10:37 PM
To: RPPTL Landlord Tenant Committee <landten@lists.flabarrpptl.org<mailto:landten@lists.flabarrpptl.org>>
Subject: Re: [RPPTL LandTen] I need clarification on 83.60
I actually had a question a bout that. Who do I ask for fees if the plaintiff is the wrong party, the attorney as sanctions?
I may be able to call the attorney and work out fees but I still filed a motion for costs and attorney fees.
Leonard P. Cabral
Leonardcabral@lenslaw.com<mailto:Leonardcabral@lenslaw.com>
From: landten-bounces@lists.flabarrpptl.org<mailto:landten-bounces@lists.flabarrpptl.org> [mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of Gioia DeCarlo
Sent: Tuesday, July 28, 2015 2:51 PM
To: RPPTL Landlord Tenant Committee
Subject: Re: [RPPTL LandTen] I need clarification on 83.60
Hi Leonard
I hope you asked for legal fees!
If not, you have 30 days to file your motion for entitlement (under 83.48) and to tax fees and costs under Fl R. Civ. Pro. 1.525.
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From: <landten-bounces@lists.flabarrpptl.org<mailto:landten-bounces@lists.flabarrpptl.org>> on behalf of Leonard Cabral <LensLaw@Lenslaw.com<mailto:LensLaw@Lenslaw.com>>
Reply-To: RPPTL Landlord Tenant Committee <landten@lists.flabarrpptl.org<mailto:landten@lists.flabarrpptl.org>>
Date: Tuesday, July 28, 2015 at 1:58 PM
To: RPPTL Landlord Tenant Committee <landten@lists.flabarrpptl.org<mailto:landten@lists.flabarrpptl.org>>
Subject: Re: [RPPTL LandTen] I need clarification on 83.60
The problem with tenant defense is when the client brings in the complaint and the time the law requires a response. That doesn’t leave much time for research that I can do but not it that timeframe. So I must rely on the great lawyers on this list who have this information at their finger tips. Thanks again. YOU MADE MY DAY.
If Harry reads this, you should be able to figure out why this should also make your day.
Leonard P. Cabral, Esq.
Leonardcabral@lenslaw.com<mailto:Leonardcabral@lenslaw.com>
Please disregard inadvertent misspellings
From:landten-bounces@lists.flabarrpptl.org<mailto:landten-bounces@lists.flabarrpptl.org> [mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of Gioia DeCarlo
Sent: Tuesday, July 28, 2015 11:05 AM
To: RPPTL Landlord Tenant Committee
Subject: Re: [RPPTL LandTen] I need clarification on 83.60
Glad to hear it! And glad to be able help!
Gioia
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From: <landten-bounces@lists.flabarrpptl.org<mailto:landten-bounces@lists.flabarrpptl.org>> on behalf of Leonard Cabral <LensLaw@Lenslaw.com<mailto:LensLaw@Lenslaw.com>>
Reply-To: RPPTL Landlord Tenant Committee <landten@lists.flabarrpptl.org<mailto:landten@lists.flabarrpptl.org>>
Date: Tuesday, July 28, 2015 at 10:56 AM
To: RPPTL Landlord Tenant Committee <landten@lists.flabarrpptl.org<mailto:landten@lists.flabarrpptl.org>>
Subject: Re: [RPPTL LandTen] I need clarification on 83.60
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<mailto:Leonardcabral@lenslaw.com>
From:landten-bounces@lists.flabarrpptl.org<mailto: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
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From: <landten-bounces@lists.flabarrpptl.org<mailto:landten-bounces@lists.flabarrpptl.org>> on behalf of Eddy Leal <el@leallegal.com<mailto:el@leallegal.com>>
Reply-To: RPPTL Landlord Tenant Committee <landten@lists.flabarrpptl.org<mailto:landten@lists.flabarrpptl.org>>
Date: Tuesday, July 21, 2015 at 10:08 AM
To: RPPTL Landlord Tenant Committee <landten@lists.flabarrpptl.org<mailto: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<mailto:el@leallegal.com>
On Tue, Jul 21, 2015 at 9:23 AM, Gioia DeCarlo <gdc@dvllclegal.com<mailto: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
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From: <landten-bounces@lists.flabarrpptl.org<mailto:landten-bounces@lists.flabarrpptl.org>> on behalf of Leonard Cabral <LensLaw@Lenslaw.com<mailto:LensLaw@Lenslaw.com>>
Reply-To: RPPTL Landlord Tenant Committee <landten@lists.flabarrpptl.org<mailto:landten@lists.flabarrpptl.org>>
Date: Monday, July 20, 2015 at 11:40 PM
To: RPPTL Landlord Tenant Committee <landten@lists.flabarrpptl.org<mailto: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<mailto:Leonardcabral@lenslaw.com>
(407)330-4998<tel:%28407%29330-4998>
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LS
Lainie Simon
Thu, Jul 30, 2015 5:08 PM
In PB they now routinely grant fees for fees in every contract case, unless the fee clause is limiting or limited in any way. Typical clause, fees to prevailing party, you now get fees for fees.
Lainie J. Simon, Esq.
185 NW Spanish River Boulevard
Suite 220
Boca Raton, FL 33431
561.445.1361
561.997.6224(fax)
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On Jul 30, 2015, at 12:14 PM, Gioia DeCarlo gdc@dvllclegal.com wrote:
I read Waverly to support getting fees for having to fight for, and collect, fees. Of course, I have never gone so far to do a fee hearing. I checked this morning with a friend of mine in Palm Beach County who has done many fee hearings. He cites Waverly all the time to get his fees for working for his fees, in a foreclosure and 57.105 context ,and he prevails. He doesn’t know why a judge would rule otherwise.
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From: <landten-bounces@lists.flabarrpptl.org mailto:landten-bounces@lists.flabarrpptl.org> on behalf of lesstevens <lesstevens@earthlink.net mailto:lesstevens@earthlink.net>
Organization: Les H. Stevens, P.A.
Reply-To: <lesstevens@earthlink.net mailto:lesstevens@earthlink.net>, RPPTL Landlord Tenant Committee <landten@lists.flabarrpptl.org mailto:landten@lists.flabarrpptl.org>
Date: Thursday, July 30, 2015 at 8:34 AM
To: 'RPPTL Landlord Tenant Committee' <landten@lists.flabarrpptl.org mailto:landten@lists.flabarrpptl.org>
Subject: Re: [RPPTL LandTen] I need clarification on 83.60
Unless there is a provision in the Lease which states that it includes fees/costs relating to the determination of said fees/costs….had a judge bring that to my attention once, and now I include it in every document where attorneys’ fees could be recovered.
Les H. Stevens, Esquire
Les H. Stevens, P.A.
5301 North Federal Highway
Suite 130
Boca Raton, Florida 33487
Tel. - (561) 989-9797
Fax - (561) 989-8484
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From: landten-bounces@lists.flabarrpptl.org mailto:landten-bounces@lists.flabarrpptl.org [mailto:landten-bounces@lists.flabarrpptl.org mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of Sebastian Jaramillo
Sent: Thursday, July 30, 2015 8:24 AM
To: RPPTL Landlord Tenant Committee
Subject: Re: [RPPTL LandTen] I need clarification on 83.60
My understanding is that you are not allowed to collect attorney's fees on you Motion for Attorney's Fees. In other words, you cannot get fees on fees.
Sebastian Jaramillo, Esq.
66 W. Flagler St Suite 500 Miami, FL 33130
Tel: (305) 600-3805 Fax: (786) 347-5562
www.lawjb.com http://www.lawjb.com/
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On Thu, Jul 30, 2015 at 7:28 AM, Gioia DeCarlo <gdc@dvllclegal.com mailto:gdc@dvllclegal.com> wrote:
The plaintiff’s case was dismissed. The judgment goes against the plaintiff (fair result, the plaintiff is the party that caused the unnecceary legal fees for your client).
Now, it may be the attorney filed with the wrong plaintiff in error or on the attorney’s advice, the case was brought by the wrong party and if so, maybe the attorney will step up and do the right thing and pay, but that’s between the plaintiff’s attorney and the plaintiff. The lawyer has no direct liability to your client of which I am aware.
Unless you get an agreement and the money right way, file your Motion to Determine Enititlement and To Tax Fees & Costs because you only have 30 days and the filing of it will likely make the other side realize they have to pay (you did prevail)— include your time for any research and drafting the motion and ask for the time that will be spent at hearing the motion. I doubt the fees will be so much that they will insist on a fee hearing to determine a reasonable fee amount (I am confident you will win on entitlement). I have never had to go that far — the times my client was entitled, the other side paid. But if you do go to a fee hearing, my understanding is that the plaintiff will then have to pay your time to prepare & attend the fee hearing and for your expert’s review of file and attendance at the fee hearing, all which make the fee hearing impractical for the plaintiff — even attending the hearing on your motion to detemine and tax is crazy for them to go. They will pay.
Gioia
Gdc@dvllclegal.com mailto:Gdc@dvllclegal.com
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From: <landten-bounces@lists.flabarrpptl.org mailto:landten-bounces@lists.flabarrpptl.org> on behalf of Leonard Cabral <LensLaw@Lenslaw.com mailto:LensLaw@Lenslaw.com>
Reply-To: RPPTL Landlord Tenant Committee <landten@lists.flabarrpptl.org mailto:landten@lists.flabarrpptl.org>
Date: Wednesday, July 29, 2015 at 10:37 PM
To: RPPTL Landlord Tenant Committee <landten@lists.flabarrpptl.org mailto:landten@lists.flabarrpptl.org>
Subject: Re: [RPPTL LandTen] I need clarification on 83.60
I actually had a question a bout that. Who do I ask for fees if the plaintiff is the wrong party, the attorney as sanctions?
I may be able to call the attorney and work out fees but I still filed a motion for costs and attorney fees.
Leonard P. Cabral
Leonardcabral@lenslaw.com mailto:Leonardcabral@lenslaw.com
From: landten-bounces@lists.flabarrpptl.org mailto:landten-bounces@lists.flabarrpptl.org [mailto:landten-bounces@lists.flabarrpptl.org mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of Gioia DeCarlo
Sent: Tuesday, July 28, 2015 2:51 PM
To: RPPTL Landlord Tenant Committee
Subject: Re: [RPPTL LandTen] I need clarification on 83.60
Hi Leonard
I hope you asked for legal fees!
If not, you have 30 days to file your motion for entitlement (under 83.48) and to tax fees and costs under Fl R. Civ. Pro. 1.525.
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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 mailto:landten-bounces@lists.flabarrpptl.org> on behalf of Leonard Cabral <LensLaw@Lenslaw.com mailto:LensLaw@Lenslaw.com>
Reply-To: RPPTL Landlord Tenant Committee <landten@lists.flabarrpptl.org mailto:landten@lists.flabarrpptl.org>
Date: Tuesday, July 28, 2015 at 1:58 PM
To: RPPTL Landlord Tenant Committee <landten@lists.flabarrpptl.org mailto:landten@lists.flabarrpptl.org>
Subject: Re: [RPPTL LandTen] I need clarification on 83.60
The problem with tenant defense is when the client brings in the complaint and the time the law requires a response. That doesn’t leave much time for research that I can do but not it that timeframe. So I must rely on the great lawyers on this list who have this information at their finger tips. Thanks again. YOU MADE MY DAY.
If Harry reads this, you should be able to figure out why this should also make your day.
Leonard P. Cabral, Esq.
Leonardcabral@lenslaw.com mailto:Leonardcabral@lenslaw.com
Please disregard inadvertent misspellings
From:landten-bounces@lists.flabarrpptl.org mailto:landten-bounces@lists.flabarrpptl.org [mailto:landten-bounces@lists.flabarrpptl.org mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of Gioia DeCarlo
Sent: Tuesday, July 28, 2015 11:05 AM
To: RPPTL Landlord Tenant Committee
Subject: Re: [RPPTL LandTen] I need clarification on 83.60
Glad to hear it! And glad to be able help!
Gioia
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From: <landten-bounces@lists.flabarrpptl.org mailto:landten-bounces@lists.flabarrpptl.org> on behalf of Leonard Cabral <LensLaw@Lenslaw.com mailto:LensLaw@Lenslaw.com>
Reply-To: RPPTL Landlord Tenant Committee <landten@lists.flabarrpptl.org mailto:landten@lists.flabarrpptl.org>
Date: Tuesday, July 28, 2015 at 10:56 AM
To: RPPTL Landlord Tenant Committee <landten@lists.flabarrpptl.org mailto:landten@lists.flabarrpptl.org>
Subject: Re: [RPPTL LandTen] I need clarification on 83.60
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 J.
Leonard P. Cabral
Leonardcabral@lenslaw.com mailto:Leonardcabral@lenslaw.com
From:landten-bounces@lists.flabarrpptl.org mailto:landten-bounces@lists.flabarrpptl.org [mailto: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
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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 mailto:landten-bounces@lists.flabarrpptl.org> on behalf of Eddy Leal <el@leallegal.com mailto:el@leallegal.com>
Reply-To: RPPTL Landlord Tenant Committee <landten@lists.flabarrpptl.org mailto:landten@lists.flabarrpptl.org>
Date: Tuesday, July 21, 2015 at 10:08 AM
To: RPPTL Landlord Tenant Committee <landten@lists.flabarrpptl.org mailto: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 mailto:el@leallegal.com
On Tue, Jul 21, 2015 at 9:23 AM, Gioia DeCarlo <gdc@dvllclegal.com mailto: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
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From: <landten-bounces@lists.flabarrpptl.org mailto:landten-bounces@lists.flabarrpptl.org> on behalf of Leonard Cabral <LensLaw@Lenslaw.com mailto:LensLaw@Lenslaw.com>
Reply-To: RPPTL Landlord Tenant Committee <landten@lists.flabarrpptl.org mailto:landten@lists.flabarrpptl.org>
Date: Monday, July 20, 2015 at 11:40 PM
To: RPPTL Landlord Tenant Committee <landten@lists.flabarrpptl.org mailto: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 mailto:Leonardcabral@lenslaw.com
(407)330-4998 tel:%28407%29330-4998
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In PB they now routinely grant fees for fees in every contract case, unless the fee clause is limiting or limited in any way. Typical clause, fees to prevailing party, you now get fees for fees.
Lainie J. Simon, Esq.
185 NW Spanish River Boulevard
Suite 220
Boca Raton, FL 33431
561.445.1361
561.997.6224(fax)
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On Jul 30, 2015, at 12:14 PM, Gioia DeCarlo <gdc@dvllclegal.com> wrote:
I read Waverly to support getting fees for having to fight for, and collect, fees. Of course, I have never gone so far to do a fee hearing. I checked this morning with a friend of mine in Palm Beach County who has done many fee hearings. He cites Waverly all the time to get his fees for working for his fees, in a foreclosure and 57.105 context ,and he prevails. He doesn’t know why a judge would rule otherwise.
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From: <landten-bounces@lists.flabarrpptl.org <mailto:landten-bounces@lists.flabarrpptl.org>> on behalf of lesstevens <lesstevens@earthlink.net <mailto:lesstevens@earthlink.net>>
Organization: Les H. Stevens, P.A.
Reply-To: <lesstevens@earthlink.net <mailto:lesstevens@earthlink.net>>, RPPTL Landlord Tenant Committee <landten@lists.flabarrpptl.org <mailto:landten@lists.flabarrpptl.org>>
Date: Thursday, July 30, 2015 at 8:34 AM
To: 'RPPTL Landlord Tenant Committee' <landten@lists.flabarrpptl.org <mailto:landten@lists.flabarrpptl.org>>
Subject: Re: [RPPTL LandTen] I need clarification on 83.60
Unless there is a provision in the Lease which states that it includes fees/costs relating to the determination of said fees/costs….had a judge bring that to my attention once, and now I include it in every document where attorneys’ fees could be recovered.
Les H. Stevens, Esquire
Les H. Stevens, P.A.
5301 North Federal Highway
Suite 130
Boca Raton, Florida 33487
Tel. - (561) 989-9797
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From: landten-bounces@lists.flabarrpptl.org <mailto:landten-bounces@lists.flabarrpptl.org> [mailto:landten-bounces@lists.flabarrpptl.org <mailto:landten-bounces@lists.flabarrpptl.org>] On Behalf Of Sebastian Jaramillo
Sent: Thursday, July 30, 2015 8:24 AM
To: RPPTL Landlord Tenant Committee
Subject: Re: [RPPTL LandTen] I need clarification on 83.60
My understanding is that you are not allowed to collect attorney's fees on you Motion for Attorney's Fees. In other words, you cannot get fees on fees.
Sebastian Jaramillo, Esq.
66 W. Flagler St Suite 500 Miami, FL 33130
Tel: (305) 600-3805 Fax: (786) 347-5562
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On Thu, Jul 30, 2015 at 7:28 AM, Gioia DeCarlo <gdc@dvllclegal.com <mailto:gdc@dvllclegal.com>> wrote:
The plaintiff’s case was dismissed. The judgment goes against the plaintiff (fair result, the plaintiff is the party that caused the unnecceary legal fees for your client).
Now, it may be the attorney filed with the wrong plaintiff in error or on the attorney’s advice, the case was brought by the wrong party and if so, maybe the attorney will step up and do the right thing and pay, but that’s between the plaintiff’s attorney and the plaintiff. The lawyer has no direct liability to your client of which I am aware.
Unless you get an agreement and the money right way, file your Motion to Determine Enititlement and To Tax Fees & Costs because you only have 30 days and the filing of it will likely make the other side realize they have to pay (you did prevail)— include your time for any research and drafting the motion and ask for the time that will be spent at hearing the motion. I doubt the fees will be so much that they will insist on a fee hearing to determine a reasonable fee amount (I am confident you will win on entitlement). I have never had to go that far — the times my client was entitled, the other side paid. But if you do go to a fee hearing, my understanding is that the plaintiff will then have to pay your time to prepare & attend the fee hearing and for your expert’s review of file and attendance at the fee hearing, all which make the fee hearing impractical for the plaintiff — even attending the hearing on your motion to detemine and tax is crazy for them to go. They will pay.
Gioia
Gdc@dvllclegal.com <mailto:Gdc@dvllclegal.com>
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From: <landten-bounces@lists.flabarrpptl.org <mailto:landten-bounces@lists.flabarrpptl.org>> on behalf of Leonard Cabral <LensLaw@Lenslaw.com <mailto:LensLaw@Lenslaw.com>>
Reply-To: RPPTL Landlord Tenant Committee <landten@lists.flabarrpptl.org <mailto:landten@lists.flabarrpptl.org>>
Date: Wednesday, July 29, 2015 at 10:37 PM
To: RPPTL Landlord Tenant Committee <landten@lists.flabarrpptl.org <mailto:landten@lists.flabarrpptl.org>>
Subject: Re: [RPPTL LandTen] I need clarification on 83.60
I actually had a question a bout that. Who do I ask for fees if the plaintiff is the wrong party, the attorney as sanctions?
I may be able to call the attorney and work out fees but I still filed a motion for costs and attorney fees.
Leonard P. Cabral
Leonardcabral@lenslaw.com <mailto:Leonardcabral@lenslaw.com>
From: landten-bounces@lists.flabarrpptl.org <mailto:landten-bounces@lists.flabarrpptl.org> [mailto:landten-bounces@lists.flabarrpptl.org <mailto:landten-bounces@lists.flabarrpptl.org>] On Behalf Of Gioia DeCarlo
Sent: Tuesday, July 28, 2015 2:51 PM
To: RPPTL Landlord Tenant Committee
Subject: Re: [RPPTL LandTen] I need clarification on 83.60
Hi Leonard
I hope you asked for legal fees!
If not, you have 30 days to file your motion for entitlement (under 83.48) and to tax fees and costs under Fl R. Civ. Pro. 1.525.
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From: <landten-bounces@lists.flabarrpptl.org <mailto:landten-bounces@lists.flabarrpptl.org>> on behalf of Leonard Cabral <LensLaw@Lenslaw.com <mailto:LensLaw@Lenslaw.com>>
Reply-To: RPPTL Landlord Tenant Committee <landten@lists.flabarrpptl.org <mailto:landten@lists.flabarrpptl.org>>
Date: Tuesday, July 28, 2015 at 1:58 PM
To: RPPTL Landlord Tenant Committee <landten@lists.flabarrpptl.org <mailto:landten@lists.flabarrpptl.org>>
Subject: Re: [RPPTL LandTen] I need clarification on 83.60
The problem with tenant defense is when the client brings in the complaint and the time the law requires a response. That doesn’t leave much time for research that I can do but not it that timeframe. So I must rely on the great lawyers on this list who have this information at their finger tips. Thanks again. YOU MADE MY DAY.
If Harry reads this, you should be able to figure out why this should also make your day.
Leonard P. Cabral, Esq.
Leonardcabral@lenslaw.com <mailto:Leonardcabral@lenslaw.com>
Please disregard inadvertent misspellings
From:landten-bounces@lists.flabarrpptl.org <mailto:landten-bounces@lists.flabarrpptl.org> [mailto:landten-bounces@lists.flabarrpptl.org <mailto:landten-bounces@lists.flabarrpptl.org>] On Behalf Of Gioia DeCarlo
Sent: Tuesday, July 28, 2015 11:05 AM
To: RPPTL Landlord Tenant Committee
Subject: Re: [RPPTL LandTen] I need clarification on 83.60
Glad to hear it! And glad to be able help!
Gioia
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From: <landten-bounces@lists.flabarrpptl.org <mailto:landten-bounces@lists.flabarrpptl.org>> on behalf of Leonard Cabral <LensLaw@Lenslaw.com <mailto:LensLaw@Lenslaw.com>>
Reply-To: RPPTL Landlord Tenant Committee <landten@lists.flabarrpptl.org <mailto:landten@lists.flabarrpptl.org>>
Date: Tuesday, July 28, 2015 at 10:56 AM
To: RPPTL Landlord Tenant Committee <landten@lists.flabarrpptl.org <mailto:landten@lists.flabarrpptl.org>>
Subject: Re: [RPPTL LandTen] I need clarification on 83.60
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 J.
Leonard P. Cabral
Leonardcabral@lenslaw.com <mailto:Leonardcabral@lenslaw.com>
From:landten-bounces@lists.flabarrpptl.org <mailto:landten-bounces@lists.flabarrpptl.org> [mailto: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
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From: <landten-bounces@lists.flabarrpptl.org <mailto:landten-bounces@lists.flabarrpptl.org>> on behalf of Eddy Leal <el@leallegal.com <mailto:el@leallegal.com>>
Reply-To: RPPTL Landlord Tenant Committee <landten@lists.flabarrpptl.org <mailto:landten@lists.flabarrpptl.org>>
Date: Tuesday, July 21, 2015 at 10:08 AM
To: RPPTL Landlord Tenant Committee <landten@lists.flabarrpptl.org <mailto: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 <mailto:el@leallegal.com>
On Tue, Jul 21, 2015 at 9:23 AM, Gioia DeCarlo <gdc@dvllclegal.com <mailto: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
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From: <landten-bounces@lists.flabarrpptl.org <mailto:landten-bounces@lists.flabarrpptl.org>> on behalf of Leonard Cabral <LensLaw@Lenslaw.com <mailto:LensLaw@Lenslaw.com>>
Reply-To: RPPTL Landlord Tenant Committee <landten@lists.flabarrpptl.org <mailto:landten@lists.flabarrpptl.org>>
Date: Monday, July 20, 2015 at 11:40 PM
To: RPPTL Landlord Tenant Committee <landten@lists.flabarrpptl.org <mailto: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 <mailto:Leonardcabral@lenslaw.com>
(407)330-4998 <tel:%28407%29330-4998>
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TA
Todd Allen
Thu, Jul 30, 2015 5:41 PM
On Jul 30, 2015, at 1:08 PM, Lainie Simon ljsimon1@comcast.net wrote:
In PB they now routinely grant fees for fees in every contract case, unless the fee clause is limiting or limited in any way. Typical clause, fees to prevailing party, you now get fees for fees.
Lainie J. Simon, Esq.
185 NW Spanish River Boulevard
Suite 220
Boca Raton, FL 33431
561.445.1361
561.997.6224(fax)
PRIVILEGE AND CONFIDENTIALITY NOTICE: This e-mail is covered by the Electronic Communications Privacy Act, 18 U.S.C. 2510-2521 and is legally privileged. The contents of this e-mail message and any attachments are intended solely for the party or parties addressed and named in this message. This communication and all attachments, if any, are intended to be and to remain confidential, and it may be subject to the applicable attorney - client and or work product privileges. If you are not the intended recipient of this message, or if this message has been addressed to you in error, please immediately alert the sender by reply e-mail and then delete this message and its attachments. Do not deliver, distribute, or copy this message and or any attachments if you are not the intended recipient. Do not disclose the contents or take any action in reliance upon the information contained in this communication or any attachments. Although this E-mail and any attachments are believed to be free of any virus or other defect that might affect any computer system into which it is received and opened, it is the responsibility of the recipient to ensure that it is virus free and no responsibility is accepted by the sender for damage arising in any way from its use.
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On Jul 30, 2015, at 12:14 PM, Gioia DeCarlo <gdc@dvllclegal.com mailto:gdc@dvllclegal.com> wrote:
I read Waverly to support getting fees for having to fight for, and collect, fees. Of course, I have never gone so far to do a fee hearing. I checked this morning with a friend of mine in Palm Beach County who has done many fee hearings. He cites Waverly all the time to get his fees for working for his fees, in a foreclosure and 57.105 context ,and he prevails. He doesn’t know why a judge would rule otherwise.
<8CB06059-7794-44D1-BE98-12633C0070FE[51].png>
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 mailto:landten-bounces@lists.flabarrpptl.org> on behalf of lesstevens <lesstevens@earthlink.net mailto:lesstevens@earthlink.net>
Organization: Les H. Stevens, P.A.
Reply-To: <lesstevens@earthlink.net mailto:lesstevens@earthlink.net>, RPPTL Landlord Tenant Committee <landten@lists.flabarrpptl.org mailto:landten@lists.flabarrpptl.org>
Date: Thursday, July 30, 2015 at 8:34 AM
To: 'RPPTL Landlord Tenant Committee' <landten@lists.flabarrpptl.org mailto:landten@lists.flabarrpptl.org>
Subject: Re: [RPPTL LandTen] I need clarification on 83.60
Unless there is a provision in the Lease which states that it includes fees/costs relating to the determination of said fees/costs….had a judge bring that to my attention once, and now I include it in every document where attorneys’ fees could be recovered.
Les H. Stevens, Esquire
Les H. Stevens, P.A.
5301 North Federal Highway
Suite 130
Boca Raton, Florida 33487
Tel. - (561) 989-9797
Fax - (561) 989-8484
E-Mail - lesstevens@earthlink.net mailto:lesstevens@earthlink.net
OUR OFFICE NO LONGER ACCEPTS CASHIER'S OR BANK CHECKS AT CLOSING. ALL FUNDS MUST BE RECEIVED IN THE FORM OF A SAME DAY WIRE TRANSFER ONLY (NO ACH TRANSFERS).
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From: landten-bounces@lists.flabarrpptl.org mailto:landten-bounces@lists.flabarrpptl.org [mailto:landten-bounces@lists.flabarrpptl.org mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of Sebastian Jaramillo
Sent: Thursday, July 30, 2015 8:24 AM
To: RPPTL Landlord Tenant Committee
Subject: Re: [RPPTL LandTen] I need clarification on 83.60
My understanding is that you are not allowed to collect attorney's fees on you Motion for Attorney's Fees. In other words, you cannot get fees on fees.
Sebastian Jaramillo, Esq.
66 W. Flagler St Suite 500 Miami, FL 33130
Tel: (305) 600-3805 Fax: (786) 347-5562
www.lawjb.com http://www.lawjb.com/
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On Thu, Jul 30, 2015 at 7:28 AM, Gioia DeCarlo <gdc@dvllclegal.com mailto:gdc@dvllclegal.com> wrote:
The plaintiff’s case was dismissed. The judgment goes against the plaintiff (fair result, the plaintiff is the party that caused the unnecceary legal fees for your client).
Now, it may be the attorney filed with the wrong plaintiff in error or on the attorney’s advice, the case was brought by the wrong party and if so, maybe the attorney will step up and do the right thing and pay, but that’s between the plaintiff’s attorney and the plaintiff. The lawyer has no direct liability to your client of which I am aware.
Unless you get an agreement and the money right way, file your Motion to Determine Enititlement and To Tax Fees & Costs because you only have 30 days and the filing of it will likely make the other side realize they have to pay (you did prevail)— include your time for any research and drafting the motion and ask for the time that will be spent at hearing the motion. I doubt the fees will be so much that they will insist on a fee hearing to determine a reasonable fee amount (I am confident you will win on entitlement). I have never had to go that far — the times my client was entitled, the other side paid. But if you do go to a fee hearing, my understanding is that the plaintiff will then have to pay your time to prepare & attend the fee hearing and for your expert’s review of file and attendance at the fee hearing, all which make the fee hearing impractical for the plaintiff — even attending the hearing on your motion to detemine and tax is crazy for them to go. They will pay.
Gioia
Gdc@dvllclegal.com mailto:Gdc@dvllclegal.com
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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 mailto:landten-bounces@lists.flabarrpptl.org> on behalf of Leonard Cabral <LensLaw@Lenslaw.com mailto:LensLaw@Lenslaw.com>
Reply-To: RPPTL Landlord Tenant Committee <landten@lists.flabarrpptl.org mailto:landten@lists.flabarrpptl.org>
Date: Wednesday, July 29, 2015 at 10:37 PM
To: RPPTL Landlord Tenant Committee <landten@lists.flabarrpptl.org mailto:landten@lists.flabarrpptl.org>
Subject: Re: [RPPTL LandTen] I need clarification on 83.60
I actually had a question a bout that. Who do I ask for fees if the plaintiff is the wrong party, the attorney as sanctions?
I may be able to call the attorney and work out fees but I still filed a motion for costs and attorney fees.
Leonard P. Cabral
Leonardcabral@lenslaw.com mailto:Leonardcabral@lenslaw.com
From: landten-bounces@lists.flabarrpptl.org mailto:landten-bounces@lists.flabarrpptl.org [mailto:landten-bounces@lists.flabarrpptl.org mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of Gioia DeCarlo
Sent: Tuesday, July 28, 2015 2:51 PM
To: RPPTL Landlord Tenant Committee
Subject: Re: [RPPTL LandTen] I need clarification on 83.60
Hi Leonard
I hope you asked for legal fees!
If not, you have 30 days to file your motion for entitlement (under 83.48) and to tax fees and costs under Fl R. Civ. Pro. 1.525.
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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 mailto:landten-bounces@lists.flabarrpptl.org> on behalf of Leonard Cabral <LensLaw@Lenslaw.com mailto:LensLaw@Lenslaw.com>
Reply-To: RPPTL Landlord Tenant Committee <landten@lists.flabarrpptl.org mailto:landten@lists.flabarrpptl.org>
Date: Tuesday, July 28, 2015 at 1:58 PM
To: RPPTL Landlord Tenant Committee <landten@lists.flabarrpptl.org mailto:landten@lists.flabarrpptl.org>
Subject: Re: [RPPTL LandTen] I need clarification on 83.60
The problem with tenant defense is when the client brings in the complaint and the time the law requires a response. That doesn’t leave much time for research that I can do but not it that timeframe. So I must rely on the great lawyers on this list who have this information at their finger tips. Thanks again. YOU MADE MY DAY.
If Harry reads this, you should be able to figure out why this should also make your day.
Leonard P. Cabral, Esq.
Leonardcabral@lenslaw.com mailto:Leonardcabral@lenslaw.com
Please disregard inadvertent misspellings
From:landten-bounces@lists.flabarrpptl.org mailto:landten-bounces@lists.flabarrpptl.org [mailto:landten-bounces@lists.flabarrpptl.org mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of Gioia DeCarlo
Sent: Tuesday, July 28, 2015 11:05 AM
To: RPPTL Landlord Tenant Committee
Subject: Re: [RPPTL LandTen] I need clarification on 83.60
Glad to hear it! And glad to be able help!
Gioia
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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 mailto:landten-bounces@lists.flabarrpptl.org> on behalf of Leonard Cabral <LensLaw@Lenslaw.com mailto:LensLaw@Lenslaw.com>
Reply-To: RPPTL Landlord Tenant Committee <landten@lists.flabarrpptl.org mailto:landten@lists.flabarrpptl.org>
Date: Tuesday, July 28, 2015 at 10:56 AM
To: RPPTL Landlord Tenant Committee <landten@lists.flabarrpptl.org mailto:landten@lists.flabarrpptl.org>
Subject: Re: [RPPTL LandTen] I need clarification on 83.60
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 J.
Leonard P. Cabral
Leonardcabral@lenslaw.com mailto:Leonardcabral@lenslaw.com
From:landten-bounces@lists.flabarrpptl.org mailto:landten-bounces@lists.flabarrpptl.org [mailto: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
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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 mailto:landten-bounces@lists.flabarrpptl.org> on behalf of Eddy Leal <el@leallegal.com mailto:el@leallegal.com>
Reply-To: RPPTL Landlord Tenant Committee <landten@lists.flabarrpptl.org mailto:landten@lists.flabarrpptl.org>
Date: Tuesday, July 21, 2015 at 10:08 AM
To: RPPTL Landlord Tenant Committee <landten@lists.flabarrpptl.org mailto: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 mailto:el@leallegal.com
On Tue, Jul 21, 2015 at 9:23 AM, Gioia DeCarlo <gdc@dvllclegal.com mailto: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
<image001.png>
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 mailto:landten-bounces@lists.flabarrpptl.org> on behalf of Leonard Cabral <LensLaw@Lenslaw.com mailto:LensLaw@Lenslaw.com>
Reply-To: RPPTL Landlord Tenant Committee <landten@lists.flabarrpptl.org mailto:landten@lists.flabarrpptl.org>
Date: Monday, July 20, 2015 at 11:40 PM
To: RPPTL Landlord Tenant Committee <landten@lists.flabarrpptl.org mailto: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 mailto:Leonardcabral@lenslaw.com
(407)330-4998 tel:%28407%29330-4998
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This has been my experience in Naples.
Todd B. Allen, Esq. | Attorney
Todd@LindsayAllenLaw.com
13180 Livingston Rd, Suite 201
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[office]
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> On Jul 30, 2015, at 1:08 PM, Lainie Simon <ljsimon1@comcast.net> wrote:
>
> In PB they now routinely grant fees for fees in every contract case, unless the fee clause is limiting or limited in any way. Typical clause, fees to prevailing party, you now get fees for fees.
>
> Lainie J. Simon, Esq.
> 185 NW Spanish River Boulevard
> Suite 220
> Boca Raton, FL 33431
> 561.445.1361
> 561.997.6224(fax)
>
> PRIVILEGE AND CONFIDENTIALITY NOTICE: This e-mail is covered by the Electronic Communications Privacy Act, 18 U.S.C. 2510-2521 and is legally privileged. The contents of this e-mail message and any attachments are intended solely for the party or parties addressed and named in this message. This communication and all attachments, if any, are intended to be and to remain confidential, and it may be subject to the applicable attorney - client and or work product privileges. If you are not the intended recipient of this message, or if this message has been addressed to you in error, please immediately alert the sender by reply e-mail and then delete this message and its attachments. Do not deliver, distribute, or copy this message and or any attachments if you are not the intended recipient. Do not disclose the contents or take any action in reliance upon the information contained in this communication or any attachments. Although this E-mail and any attachments are believed to be free of any virus or other defect that might affect any computer system into which it is received and opened, it is the responsibility of the recipient to ensure that it is virus free and no responsibility is accepted by the sender for damage arising in any way from its use.
> Ê
>
>
>
> On Jul 30, 2015, at 12:14 PM, Gioia DeCarlo <gdc@dvllclegal.com <mailto:gdc@dvllclegal.com>> wrote:
>
>
> I read Waverly to support getting fees for having to fight for, and collect, fees. Of course, I have never gone so far to do a fee hearing. I checked this morning with a friend of mine in Palm Beach County who has done many fee hearings. He cites Waverly all the time to get his fees for working for his fees, in a foreclosure and 57.105 context ,and he prevails. He doesn’t know why a judge would rule otherwise.
>
>
> <8CB06059-7794-44D1-BE98-12633C0070FE[51].png>
>
> 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 <mailto:landten-bounces@lists.flabarrpptl.org>> on behalf of lesstevens <lesstevens@earthlink.net <mailto:lesstevens@earthlink.net>>
> Organization: Les H. Stevens, P.A.
> Reply-To: <lesstevens@earthlink.net <mailto:lesstevens@earthlink.net>>, RPPTL Landlord Tenant Committee <landten@lists.flabarrpptl.org <mailto:landten@lists.flabarrpptl.org>>
> Date: Thursday, July 30, 2015 at 8:34 AM
> To: 'RPPTL Landlord Tenant Committee' <landten@lists.flabarrpptl.org <mailto:landten@lists.flabarrpptl.org>>
> Subject: Re: [RPPTL LandTen] I need clarification on 83.60
>
> Unless there is a provision in the Lease which states that it includes fees/costs relating to the determination of said fees/costs….had a judge bring that to my attention once, and now I include it in every document where attorneys’ fees could be recovered.
>
>
> Les H. Stevens, Esquire
> Les H. Stevens, P.A.
> 5301 North Federal Highway
> Suite 130
> Boca Raton, Florida 33487
> Tel. - (561) 989-9797
> Fax - (561) 989-8484
> E-Mail - lesstevens@earthlink.net <mailto:lesstevens@earthlink.net>
>
> ________________________________________________________________________________________
> OUR OFFICE NO LONGER ACCEPTS CASHIER'S OR BANK CHECKS AT CLOSING. ALL FUNDS MUST BE RECEIVED IN THE FORM OF A SAME DAY WIRE TRANSFER ONLY (NO ACH TRANSFERS).
>
> THIS MESSAGE IS INTENDED ONLY FOR THE USE OF THE INDIVIDUAL OR ENTITY TO WHOM IT IS ADDRESSED, AND MAY CONTAIN INFORMATION THAT IS PRIVILEGED, CONFIDENTIAL AND/OR OTHERWISE EXEMPT FROM DISCLOSURE. IF YOU HAVE RECEIVED THIS TRANSMITTAL IN ERROR, PLEASE DELETE IT AND NOTIFY THIS OFFICE IMMEDIATELY
>
>
>
> From: landten-bounces@lists.flabarrpptl.org <mailto:landten-bounces@lists.flabarrpptl.org> [mailto:landten-bounces@lists.flabarrpptl.org <mailto:landten-bounces@lists.flabarrpptl.org>] On Behalf Of Sebastian Jaramillo
> Sent: Thursday, July 30, 2015 8:24 AM
> To: RPPTL Landlord Tenant Committee
> Subject: Re: [RPPTL LandTen] I need clarification on 83.60
>
> My understanding is that you are not allowed to collect attorney's fees on you Motion for Attorney's Fees. In other words, you cannot get fees on fees.
>
>
> Sebastian Jaramillo, Esq.
>
> 66 W. Flagler St Suite 500 Miami, FL 33130
> Tel: (305) 600-3805 Fax: (786) 347-5562
> www.lawjb.com <http://www.lawjb.com/>
> This email and any files transmitted with it are confidential and intended solely for the use of the individual or entity to whom they are addressed. If you have received this email in error please notify the system manager. This message contains confidential information and is intended only for the individual named. If you are not the named addressee you should not disseminate, distribute or copy this e-mail. Please notify the sender immediately by e-mail if you have received this e-mail by mistake and delete this e-mail from your system. If you are not the intended recipient you are notified that disclosing, copying, distributing or taking any action in reliance on the contents of this information is strictly prohibited.
> IMPORTANT TAX NOTICE: This communication is not written to be used, and cannot be used, by a taxpayer for the purpose of avoiding penalties that may be asserted against the taxpayer under the Internal Revenue Code of 1986, as amended.
>
> On Thu, Jul 30, 2015 at 7:28 AM, Gioia DeCarlo <gdc@dvllclegal.com <mailto:gdc@dvllclegal.com>> wrote:
> The plaintiff’s case was dismissed. The judgment goes against the plaintiff (fair result, the plaintiff is the party that caused the unnecceary legal fees for your client).
>
> Now, it may be the attorney filed with the wrong plaintiff in error or on the attorney’s advice, the case was brought by the wrong party and if so, maybe the attorney will step up and do the right thing and pay, but that’s between the plaintiff’s attorney and the plaintiff. The lawyer has no direct liability to your client of which I am aware.
>
> Unless you get an agreement and the money right way, file your Motion to Determine Enititlement and To Tax Fees & Costs because you only have 30 days and the filing of it will likely make the other side realize they have to pay (you did prevail)— include your time for any research and drafting the motion and ask for the time that will be spent at hearing the motion. I doubt the fees will be so much that they will insist on a fee hearing to determine a reasonable fee amount (I am confident you will win on entitlement). I have never had to go that far — the times my client was entitled, the other side paid. But if you do go to a fee hearing, my understanding is that the plaintiff will then have to pay your time to prepare & attend the fee hearing and for your expert’s review of file and attendance at the fee hearing, all which make the fee hearing impractical for the plaintiff — even attending the hearing on your motion to detemine and tax is crazy for them to go. They will pay.
>
> Gioia
> Gdc@dvllclegal.com <mailto:Gdc@dvllclegal.com>
>
>
> <image001.png>
>
> 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.
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>
> From: <landten-bounces@lists.flabarrpptl.org <mailto:landten-bounces@lists.flabarrpptl.org>> on behalf of Leonard Cabral <LensLaw@Lenslaw.com <mailto:LensLaw@Lenslaw.com>>
> Reply-To: RPPTL Landlord Tenant Committee <landten@lists.flabarrpptl.org <mailto:landten@lists.flabarrpptl.org>>
> Date: Wednesday, July 29, 2015 at 10:37 PM
> To: RPPTL Landlord Tenant Committee <landten@lists.flabarrpptl.org <mailto:landten@lists.flabarrpptl.org>>
> Subject: Re: [RPPTL LandTen] I need clarification on 83.60
>
> I actually had a question a bout that. Who do I ask for fees if the plaintiff is the wrong party, the attorney as sanctions?
> I may be able to call the attorney and work out fees but I still filed a motion for costs and attorney fees.
> Leonard P. Cabral
> Leonardcabral@lenslaw.com <mailto:Leonardcabral@lenslaw.com>
>
>
>
> From: landten-bounces@lists.flabarrpptl.org <mailto:landten-bounces@lists.flabarrpptl.org> [mailto:landten-bounces@lists.flabarrpptl.org <mailto:landten-bounces@lists.flabarrpptl.org>] On Behalf Of Gioia DeCarlo
> Sent: Tuesday, July 28, 2015 2:51 PM
> To: RPPTL Landlord Tenant Committee
> Subject: Re: [RPPTL LandTen] I need clarification on 83.60
>
> Hi Leonard
>
> I hope you asked for legal fees!
>
> If not, you have 30 days to file your motion for entitlement (under 83.48) and to tax fees and costs under Fl R. Civ. Pro. 1.525.
>
>
> <image001.png>
>
> 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 <mailto:landten-bounces@lists.flabarrpptl.org>> on behalf of Leonard Cabral <LensLaw@Lenslaw.com <mailto:LensLaw@Lenslaw.com>>
> Reply-To: RPPTL Landlord Tenant Committee <landten@lists.flabarrpptl.org <mailto:landten@lists.flabarrpptl.org>>
> Date: Tuesday, July 28, 2015 at 1:58 PM
> To: RPPTL Landlord Tenant Committee <landten@lists.flabarrpptl.org <mailto:landten@lists.flabarrpptl.org>>
> Subject: Re: [RPPTL LandTen] I need clarification on 83.60
>
> The problem with tenant defense is when the client brings in the complaint and the time the law requires a response. That doesn’t leave much time for research that I can do but not it that timeframe. So I must rely on the great lawyers on this list who have this information at their finger tips. Thanks again. YOU MADE MY DAY.
> If Harry reads this, you should be able to figure out why this should also make your day.
>
> Leonard P. Cabral, Esq.
> Leonardcabral@lenslaw.com <mailto:Leonardcabral@lenslaw.com>
> Please disregard inadvertent misspellings
>
>
>
> From:landten-bounces@lists.flabarrpptl.org <mailto:landten-bounces@lists.flabarrpptl.org> [mailto:landten-bounces@lists.flabarrpptl.org <mailto:landten-bounces@lists.flabarrpptl.org>] On Behalf Of Gioia DeCarlo
> Sent: Tuesday, July 28, 2015 11:05 AM
> To: RPPTL Landlord Tenant Committee
> Subject: Re: [RPPTL LandTen] I need clarification on 83.60
>
> Glad to hear it! And glad to be able help!
>
> Gioia
>
> <image001.png>
>
> 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 <mailto:landten-bounces@lists.flabarrpptl.org>> on behalf of Leonard Cabral <LensLaw@Lenslaw.com <mailto:LensLaw@Lenslaw.com>>
> Reply-To: RPPTL Landlord Tenant Committee <landten@lists.flabarrpptl.org <mailto:landten@lists.flabarrpptl.org>>
> Date: Tuesday, July 28, 2015 at 10:56 AM
> To: RPPTL Landlord Tenant Committee <landten@lists.flabarrpptl.org <mailto:landten@lists.flabarrpptl.org>>
> Subject: Re: [RPPTL LandTen] I need clarification on 83.60
>
> 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 J.
>
> Leonard P. Cabral
> Leonardcabral@lenslaw.com <mailto:Leonardcabral@lenslaw.com>
>
>
>
> From:landten-bounces@lists.flabarrpptl.org <mailto:landten-bounces@lists.flabarrpptl.org> [mailto: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
>
>
> <image001.png>
>
> 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 <mailto:landten-bounces@lists.flabarrpptl.org>> on behalf of Eddy Leal <el@leallegal.com <mailto:el@leallegal.com>>
> Reply-To: RPPTL Landlord Tenant Committee <landten@lists.flabarrpptl.org <mailto:landten@lists.flabarrpptl.org>>
> Date: Tuesday, July 21, 2015 at 10:08 AM
> To: RPPTL Landlord Tenant Committee <landten@lists.flabarrpptl.org <mailto: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 <mailto:el@leallegal.com>
>
> On Tue, Jul 21, 2015 at 9:23 AM, Gioia DeCarlo <gdc@dvllclegal.com <mailto: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
>
>
> <image001.png>
>
> 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 <mailto:landten-bounces@lists.flabarrpptl.org>> on behalf of Leonard Cabral <LensLaw@Lenslaw.com <mailto:LensLaw@Lenslaw.com>>
> Reply-To: RPPTL Landlord Tenant Committee <landten@lists.flabarrpptl.org <mailto:landten@lists.flabarrpptl.org>>
> Date: Monday, July 20, 2015 at 11:40 PM
> To: RPPTL Landlord Tenant Committee <landten@lists.flabarrpptl.org <mailto: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 <mailto:Leonardcabral@lenslaw.com>
> (407)330-4998 <tel:%28407%29330-4998>
>
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Gioia DeCarlo
Thu, Jul 30, 2015 6:06 PM
Todd & Lainie
Do you typically get fees for determining amt and the expert fees, or just
for entitlement?
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 Todd Allen
todd@lindsayallenlaw.com
Reply-To: RPPTL Landlord Tenant Committee landten@lists.flabarrpptl.org
Date: Thursday, July 30, 2015 at 1:41 PM
To: RPPTL Landlord Tenant Committee landten@lists.flabarrpptl.org
Subject: Re: [RPPTL LandTen] I need clarification on 83.60
This has been my experience in Naples.
Todd B. Allen, Esq. | Attorney
Todd@LindsayAllenLaw.com
13180 Livingston Rd, Suite 201
Naples, FL 34109
[office]
[mobile]
[fax]
239.593.7900
239.300.3506
239.593.7909
www.LindsayAllenLaw.com http://www.LindsayAllenLaw.com
On Jul 30, 2015, at 1:08 PM, Lainie Simon ljsimon1@comcast.net wrote:
In PB they now routinely grant fees for fees in every contract case, unless
the fee clause is limiting or limited in any way. Typical clause, fees to
prevailing party, you now get fees for fees.
Lainie J. Simon, Esq.
185 NW Spanish River Boulevard
Suite 220
Boca Raton, FL 33431
561.445.1361
561.997.6224(fax)
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On Jul 30, 2015, at 12:14 PM, Gioia DeCarlo gdc@dvllclegal.com wrote:
I read Waverly to support getting fees for having to fight for, and collect,
fees. Of course, I have never gone so far to do a fee hearing. I checked
this morning with a friend of mine in Palm Beach County who has done many fee
hearings. He cites Waverly all the time to get his fees for working for his
fees, in a foreclosure and 57.105 context ,and he prevails. He doesn’t know
why a judge would rule otherwise.
<8CB06059-7794-44D1-BE98-12633C0070FE[51].png>
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From: landten-bounces@lists.flabarrpptl.org on behalf of lesstevens
lesstevens@earthlink.net
Organization: Les H. Stevens, P.A.
Reply-To: lesstevens@earthlink.net, RPPTL Landlord Tenant Committee
landten@lists.flabarrpptl.org
Date: Thursday, July 30, 2015 at 8:34 AM
To: 'RPPTL Landlord Tenant Committee' landten@lists.flabarrpptl.org
Subject: Re: [RPPTL LandTen] I need clarification on 83.60
Unless there is a provision in the Lease which states that it includes
fees/costs relating to the determination of said fees/costs….had a judge bring
that to my attention once, and now I include it in every document where
attorneys’ fees could be recovered.
Les H. Stevens, Esquire
Les H. Stevens, P.A.
5301 North Federal Highway
Suite 130
Boca Raton, Florida 33487
Tel. - (561) 989-9797
Fax - (561) 989-8484
E-Mail - lesstevens@earthlink.net
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From: landten-bounces@lists.flabarrpptl.org
[mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of Sebastian
Jaramillo
Sent: Thursday, July 30, 2015 8:24 AM
To: RPPTL Landlord Tenant Committee
Subject: Re: [RPPTL LandTen] I need clarification on 83.60
My understanding is that you are not allowed to collect attorney's fees on you
Motion for Attorney's Fees. In other words, you cannot get fees on fees.
Sebastian Jaramillo, Esq.
66 W. Flagler St Suite 500 Miami, FL 33130
Tel: (305) 600-3805 Fax: (786) 347-5562
www.lawjb.com http://www.lawjb.com/
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On Thu, Jul 30, 2015 at 7:28 AM, Gioia DeCarlo gdc@dvllclegal.com wrote:
The plaintiff’s case was dismissed. The judgment goes against the plaintiff
(fair result, the plaintiff is the party that caused the unnecceary legal fees
for your client).
Now, it may be the attorney filed with the wrong plaintiff in error or on the
attorney’s advice, the case was brought by the wrong party and if so, maybe
the attorney will step up and do the right thing and pay, but that’s between
the plaintiff’s attorney and the plaintiff. The lawyer has no direct
liability to your client of which I am aware.
Unless you get an agreement and the money right way, file your Motion to
Determine Enititlement and To Tax Fees & Costs because you only have 30 days
and the filing of it will likely make the other side realize they have to pay
(you did prevail)— include your time for any research and drafting the motion
and ask for the time that will be spent at hearing the motion. I doubt the
fees will be so much that they will insist on a fee hearing to determine a
reasonable fee amount (I am confident you will win on entitlement). I have
never had to go that far — the times my client was entitled, the other side
paid. But if you do go to a fee hearing, my understanding is that the
plaintiff will then have to pay your time to prepare & attend the fee hearing
and for your expert’s review of file and attendance at the fee hearing, all
which make the fee hearing impractical for the plaintiff — even attending the
hearing on your motion to detemine and tax is crazy for them to go. They will
pay.
Gioia
Gdc@dvllclegal.com
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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: Wednesday, July 29, 2015 at 10:37 PM
To: RPPTL Landlord Tenant Committee landten@lists.flabarrpptl.org
Subject: Re: [RPPTL LandTen] I need clarification on 83.60
I actually had a question a bout that. Who do I ask for fees if the plaintiff
is the wrong party, the attorney as sanctions?
I may be able to call the attorney and work out fees but I still filed a
motion for costs and attorney fees.
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 28, 2015 2:51 PM
To: RPPTL Landlord Tenant Committee
Subject: Re: [RPPTL LandTen] I need clarification on 83.60
Hi Leonard
I hope you asked for legal fees!
If not, you have 30 days to file your motion for entitlement (under 83.48) and
to tax fees and costs under Fl R. Civ. Pro. 1.525.
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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: Tuesday, July 28, 2015 at 1:58 PM
To: RPPTL Landlord Tenant Committee landten@lists.flabarrpptl.org
Subject: Re: [RPPTL LandTen] I need clarification on 83.60
The problem with tenant defense is when the client brings in the complaint and
the time the law requires a response. That doesn’t leave much time for
research that I can do but not it that timeframe. So I must rely on the great
lawyers on this list who have this information at their finger tips. Thanks
again. YOU MADE MY DAY.
If Harry reads this, you should be able to figure out why this should also
make your day.
Leonard P. Cabral, Esq.
Leonardcabral@lenslaw.com
Please disregard inadvertent misspellings
From:landten-bounces@lists.flabarrpptl.org
[mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of Gioia DeCarlo
Sent: Tuesday, July 28, 2015 11:05 AM
To: RPPTL Landlord Tenant Committee
Subject: Re: [RPPTL LandTen] I need clarification on 83.60
Glad to hear it! And glad to be able help!
Gioia
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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: Tuesday, July 28, 2015 at 10:56 AM
To: RPPTL Landlord Tenant Committee landten@lists.flabarrpptl.org
Subject: Re: [RPPTL LandTen] I need clarification on 83.60
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 J.
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
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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
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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
Leonardcabral@lenslaw.com
(407)330-4998 tel:%28407%29330-4998
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Todd & Lainie
Do you typically get fees for determining amt and the expert fees, or just
for entitlement?
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From: <landten-bounces@lists.flabarrpptl.org> on behalf of Todd Allen
<todd@lindsayallenlaw.com>
Reply-To: RPPTL Landlord Tenant Committee <landten@lists.flabarrpptl.org>
Date: Thursday, July 30, 2015 at 1:41 PM
To: RPPTL Landlord Tenant Committee <landten@lists.flabarrpptl.org>
Subject: Re: [RPPTL LandTen] I need clarification on 83.60
This has been my experience in Naples.
Todd B. Allen, Esq. | Attorney
Todd@LindsayAllenLaw.com
13180 Livingston Rd, Suite 201
Naples, FL 34109
[office]
[mobile]
[fax]
239.593.7900
239.300.3506
239.593.7909
www.LindsayAllenLaw.com <http://www.LindsayAllenLaw.com>
> On Jul 30, 2015, at 1:08 PM, Lainie Simon <ljsimon1@comcast.net> wrote:
>
> In PB they now routinely grant fees for fees in every contract case, unless
> the fee clause is limiting or limited in any way. Typical clause, fees to
> prevailing party, you now get fees for fees.
>
> Lainie J. Simon, Esq.
> 185 NW Spanish River Boulevard
> Suite 220
> Boca Raton, FL 33431
> 561.445.1361
> 561.997.6224(fax)
>
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>
> On Jul 30, 2015, at 12:14 PM, Gioia DeCarlo <gdc@dvllclegal.com> wrote:
>
>
> I read Waverly to support getting fees for having to fight for, and collect,
> fees. Of course, I have never gone so far to do a fee hearing. I checked
> this morning with a friend of mine in Palm Beach County who has done many fee
> hearings. He cites Waverly all the time to get his fees for working for his
> fees, in a foreclosure and 57.105 context ,and he prevails. He doesn’t know
> why a judge would rule otherwise.
>
>
> <8CB06059-7794-44D1-BE98-12633C0070FE[51].png>
>
> This e-mail transmission and any documents, files or previous e-mail messages
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>
>
> From: <landten-bounces@lists.flabarrpptl.org> on behalf of lesstevens
> <lesstevens@earthlink.net>
> Organization: Les H. Stevens, P.A.
> Reply-To: <lesstevens@earthlink.net>, RPPTL Landlord Tenant Committee
> <landten@lists.flabarrpptl.org>
> Date: Thursday, July 30, 2015 at 8:34 AM
> To: 'RPPTL Landlord Tenant Committee' <landten@lists.flabarrpptl.org>
> Subject: Re: [RPPTL LandTen] I need clarification on 83.60
>
> Unless there is a provision in the Lease which states that it includes
> fees/costs relating to the determination of said fees/costs….had a judge bring
> that to my attention once, and now I include it in every document where
> attorneys’ fees could be recovered.
>
>
> Les H. Stevens, Esquire
> Les H. Stevens, P.A.
> 5301 North Federal Highway
> Suite 130
> Boca Raton, Florida 33487
> Tel. - (561) 989-9797
> Fax - (561) 989-8484
> E-Mail - lesstevens@earthlink.net
>
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> From: landten-bounces@lists.flabarrpptl.org
> [mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of Sebastian
> Jaramillo
> Sent: Thursday, July 30, 2015 8:24 AM
> To: RPPTL Landlord Tenant Committee
> Subject: Re: [RPPTL LandTen] I need clarification on 83.60
>
> My understanding is that you are not allowed to collect attorney's fees on you
> Motion for Attorney's Fees. In other words, you cannot get fees on fees.
>
>
> Sebastian Jaramillo, Esq.
> 66 W. Flagler St Suite 500 Miami, FL 33130
> Tel: (305) 600-3805 Fax: (786) 347-5562
> www.lawjb.com <http://www.lawjb.com/>
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>
> On Thu, Jul 30, 2015 at 7:28 AM, Gioia DeCarlo <gdc@dvllclegal.com> wrote:
> The plaintiff’s case was dismissed. The judgment goes against the plaintiff
> (fair result, the plaintiff is the party that caused the unnecceary legal fees
> for your client).
>
> Now, it may be the attorney filed with the wrong plaintiff in error or on the
> attorney’s advice, the case was brought by the wrong party and if so, maybe
> the attorney will step up and do the right thing and pay, but that’s between
> the plaintiff’s attorney and the plaintiff. The lawyer has no direct
> liability to your client of which I am aware.
>
> Unless you get an agreement and the money right way, file your Motion to
> Determine Enititlement and To Tax Fees & Costs because you only have 30 days
> and the filing of it will likely make the other side realize they have to pay
> (you did prevail)— include your time for any research and drafting the motion
> and ask for the time that will be spent at hearing the motion. I doubt the
> fees will be so much that they will insist on a fee hearing to determine a
> reasonable fee amount (I am confident you will win on entitlement). I have
> never had to go that far — the times my client was entitled, the other side
> paid. But if you do go to a fee hearing, my understanding is that the
> plaintiff will then have to pay your time to prepare & attend the fee hearing
> and for your expert’s review of file and attendance at the fee hearing, all
> which make the fee hearing impractical for the plaintiff — even attending the
> hearing on your motion to detemine and tax is crazy for them to go. They will
> pay.
>
> Gioia
> Gdc@dvllclegal.com
>
>
> <image001.png>
>
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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: Wednesday, July 29, 2015 at 10:37 PM
> To: RPPTL Landlord Tenant Committee <landten@lists.flabarrpptl.org>
> Subject: Re: [RPPTL LandTen] I need clarification on 83.60
>
> I actually had a question a bout that. Who do I ask for fees if the plaintiff
> is the wrong party, the attorney as sanctions?
> I may be able to call the attorney and work out fees but I still filed a
> motion for costs and attorney fees.
> 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 28, 2015 2:51 PM
> To: RPPTL Landlord Tenant Committee
> Subject: Re: [RPPTL LandTen] I need clarification on 83.60
>
> Hi Leonard
>
> I hope you asked for legal fees!
>
> If not, you have 30 days to file your motion for entitlement (under 83.48) and
> to tax fees and costs under Fl R. Civ. Pro. 1.525.
>
>
> <image001.png>
>
> 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
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> transmission in error, please immediately notify me by forwarding this 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: Tuesday, July 28, 2015 at 1:58 PM
> To: RPPTL Landlord Tenant Committee <landten@lists.flabarrpptl.org>
> Subject: Re: [RPPTL LandTen] I need clarification on 83.60
>
> The problem with tenant defense is when the client brings in the complaint and
> the time the law requires a response. That doesn’t leave much time for
> research that I can do but not it that timeframe. So I must rely on the great
> lawyers on this list who have this information at their finger tips. Thanks
> again. YOU MADE MY DAY.
> If Harry reads this, you should be able to figure out why this should also
> make your day.
>
> Leonard P. Cabral, Esq.
> Leonardcabral@lenslaw.com
> Please disregard inadvertent misspellings
>
>
>
> From:landten-bounces@lists.flabarrpptl.org
> [mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of Gioia DeCarlo
> Sent: Tuesday, July 28, 2015 11:05 AM
> To: RPPTL Landlord Tenant Committee
> Subject: Re: [RPPTL LandTen] I need clarification on 83.60
>
> Glad to hear it! And glad to be able help!
>
> Gioia
>
> <image001.png>
>
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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: Tuesday, July 28, 2015 at 10:56 AM
> To: RPPTL Landlord Tenant Committee <landten@lists.flabarrpptl.org>
> Subject: Re: [RPPTL LandTen] I need clarification on 83.60
>
> 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 J.
>
> 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
>
>
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> 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
>
>
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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
> Leonardcabral@lenslaw.com
> (407)330-4998 <tel:%28407%29330-4998>
>
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Lainie Simon
Thu, Jul 30, 2015 6:14 PM
Nowadays always get fees for fees. Amount, expert, entitlement. Fees for fees is now a go. For several years, actually, at least 2.
Lainie J. Simon, Esq.
185 NW Spanish River Boulevard
Suite 220
Boca Raton, FL 33431
561.445.1361
561.997.6224(fax)
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On Jul 30, 2015, at 2:06 PM, Gioia DeCarlo gdc@dvllclegal.com wrote:
Todd & Lainie
Do you typically get fees for determining amt and the expert fees, or just for entitlement?
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From: <landten-bounces@lists.flabarrpptl.org mailto:landten-bounces@lists.flabarrpptl.org> on behalf of Todd Allen <todd@lindsayallenlaw.com mailto:todd@lindsayallenlaw.com>
Reply-To: RPPTL Landlord Tenant Committee <landten@lists.flabarrpptl.org mailto:landten@lists.flabarrpptl.org>
Date: Thursday, July 30, 2015 at 1:41 PM
To: RPPTL Landlord Tenant Committee <landten@lists.flabarrpptl.org mailto:landten@lists.flabarrpptl.org>
Subject: Re: [RPPTL LandTen] I need clarification on 83.60
This has been my experience in Naples.
Todd B. Allen, Esq. | Attorney
Todd@LindsayAllenLaw.com mailto:Todd@LindsayAllenLaw.com
13180 Livingston Rd, Suite 201
Naples, FL 34109
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On Jul 30, 2015, at 1:08 PM, Lainie Simon <ljsimon1@comcast.net mailto:ljsimon1@comcast.net> wrote:
In PB they now routinely grant fees for fees in every contract case, unless the fee clause is limiting or limited in any way. Typical clause, fees to prevailing party, you now get fees for fees.
Lainie J. Simon, Esq.
185 NW Spanish River Boulevard
Suite 220
Boca Raton, FL 33431
561.445.1361
561.997.6224(fax)
PRIVILEGE AND CONFIDENTIALITY NOTICE: This e-mail is covered by the Electronic Communications Privacy Act, 18 U.S.C. 2510-2521 and is legally privileged. The contents of this e-mail message and any attachments are intended solely for the party or parties addressed and named in this message. This communication and all attachments, if any, are intended to be and to remain confidential, and it may be subject to the applicable attorney - client and or work product privileges. If you are not the intended recipient of this message, or if this message has been addressed to you in error, please immediately alert the sender by reply e-mail and then delete this message and its attachments. Do not deliver, distribute, or copy this message and or any attachments if you are not the intended recipient. Do not disclose the contents or take any action in reliance upon the information contained in this communication or any attachments. Although this E-mail and any attachments are believed to be free of any virus or other defect that might affect any computer system into which it is received and opened, it is the responsibility of the recipient to ensure that it is virus free and no responsibility is accepted by the sender for damage arising in any way from its use.
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On Jul 30, 2015, at 12:14 PM, Gioia DeCarlo <gdc@dvllclegal.com mailto:gdc@dvllclegal.com> wrote:
I read Waverly to support getting fees for having to fight for, and collect, fees. Of course, I have never gone so far to do a fee hearing. I checked this morning with a friend of mine in Palm Beach County who has done many fee hearings. He cites Waverly all the time to get his fees for working for his fees, in a foreclosure and 57.105 context ,and he prevails. He doesn’t know why a judge would rule otherwise.
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From: <landten-bounces@lists.flabarrpptl.org mailto:landten-bounces@lists.flabarrpptl.org> on behalf of lesstevens <lesstevens@earthlink.net mailto:lesstevens@earthlink.net>
Organization: Les H. Stevens, P.A.
Reply-To: <lesstevens@earthlink.net mailto:lesstevens@earthlink.net>, RPPTL Landlord Tenant Committee <landten@lists.flabarrpptl.org mailto:landten@lists.flabarrpptl.org>
Date: Thursday, July 30, 2015 at 8:34 AM
To: 'RPPTL Landlord Tenant Committee' <landten@lists.flabarrpptl.org mailto:landten@lists.flabarrpptl.org>
Subject: Re: [RPPTL LandTen] I need clarification on 83.60
Unless there is a provision in the Lease which states that it includes fees/costs relating to the determination of said fees/costs….had a judge bring that to my attention once, and now I include it in every document where attorneys’ fees could be recovered.
Les H. Stevens, Esquire
Les H. Stevens, P.A.
5301 North Federal Highway
Suite 130
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From: landten-bounces@lists.flabarrpptl.org mailto:landten-bounces@lists.flabarrpptl.org [mailto:landten-bounces@lists.flabarrpptl.org mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of Sebastian Jaramillo
Sent: Thursday, July 30, 2015 8:24 AM
To: RPPTL Landlord Tenant Committee
Subject: Re: [RPPTL LandTen] I need clarification on 83.60
My understanding is that you are not allowed to collect attorney's fees on you Motion for Attorney's Fees. In other words, you cannot get fees on fees.
Sebastian Jaramillo, Esq.
66 W. Flagler St Suite 500 Miami, FL 33130
Tel: (305) 600-3805 Fax: (786) 347-5562
www.lawjb.com http://www.lawjb.com/
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On Thu, Jul 30, 2015 at 7:28 AM, Gioia DeCarlo <gdc@dvllclegal.com mailto:gdc@dvllclegal.com> wrote:
The plaintiff’s case was dismissed. The judgment goes against the plaintiff (fair result, the plaintiff is the party that caused the unnecceary legal fees for your client).
Now, it may be the attorney filed with the wrong plaintiff in error or on the attorney’s advice, the case was brought by the wrong party and if so, maybe the attorney will step up and do the right thing and pay, but that’s between the plaintiff’s attorney and the plaintiff. The lawyer has no direct liability to your client of which I am aware.
Unless you get an agreement and the money right way, file your Motion to Determine Enititlement and To Tax Fees & Costs because you only have 30 days and the filing of it will likely make the other side realize they have to pay (you did prevail)— include your time for any research and drafting the motion and ask for the time that will be spent at hearing the motion. I doubt the fees will be so much that they will insist on a fee hearing to determine a reasonable fee amount (I am confident you will win on entitlement). I have never had to go that far — the times my client was entitled, the other side paid. But if you do go to a fee hearing, my understanding is that the plaintiff will then have to pay your time to prepare & attend the fee hearing and for your expert’s review of file and attendance at the fee hearing, all which make the fee hearing impractical for the plaintiff — even attending the hearing on your motion to detemine and tax is crazy for them to go. They will pay.
Gioia
Gdc@dvllclegal.com mailto:Gdc@dvllclegal.com
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From: <landten-bounces@lists.flabarrpptl.org mailto:landten-bounces@lists.flabarrpptl.org> on behalf of Leonard Cabral <LensLaw@Lenslaw.com mailto:LensLaw@Lenslaw.com>
Reply-To: RPPTL Landlord Tenant Committee <landten@lists.flabarrpptl.org mailto:landten@lists.flabarrpptl.org>
Date: Wednesday, July 29, 2015 at 10:37 PM
To: RPPTL Landlord Tenant Committee <landten@lists.flabarrpptl.org mailto:landten@lists.flabarrpptl.org>
Subject: Re: [RPPTL LandTen] I need clarification on 83.60
I actually had a question a bout that. Who do I ask for fees if the plaintiff is the wrong party, the attorney as sanctions?
I may be able to call the attorney and work out fees but I still filed a motion for costs and attorney fees.
Leonard P. Cabral
Leonardcabral@lenslaw.com mailto:Leonardcabral@lenslaw.com
From: landten-bounces@lists.flabarrpptl.org mailto:landten-bounces@lists.flabarrpptl.org [mailto:landten-bounces@lists.flabarrpptl.org mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of Gioia DeCarlo
Sent: Tuesday, July 28, 2015 2:51 PM
To: RPPTL Landlord Tenant Committee
Subject: Re: [RPPTL LandTen] I need clarification on 83.60
Hi Leonard
I hope you asked for legal fees!
If not, you have 30 days to file your motion for entitlement (under 83.48) and to tax fees and costs under Fl R. Civ. Pro. 1.525.
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From: <landten-bounces@lists.flabarrpptl.org mailto:landten-bounces@lists.flabarrpptl.org> on behalf of Leonard Cabral <LensLaw@Lenslaw.com mailto:LensLaw@Lenslaw.com>
Reply-To: RPPTL Landlord Tenant Committee <landten@lists.flabarrpptl.org mailto:landten@lists.flabarrpptl.org>
Date: Tuesday, July 28, 2015 at 1:58 PM
To: RPPTL Landlord Tenant Committee <landten@lists.flabarrpptl.org mailto:landten@lists.flabarrpptl.org>
Subject: Re: [RPPTL LandTen] I need clarification on 83.60
The problem with tenant defense is when the client brings in the complaint and the time the law requires a response. That doesn’t leave much time for research that I can do but not it that timeframe. So I must rely on the great lawyers on this list who have this information at their finger tips. Thanks again. YOU MADE MY DAY.
If Harry reads this, you should be able to figure out why this should also make your day.
Leonard P. Cabral, Esq.
Leonardcabral@lenslaw.com mailto:Leonardcabral@lenslaw.com
Please disregard inadvertent misspellings
From:landten-bounces@lists.flabarrpptl.org mailto:landten-bounces@lists.flabarrpptl.org [mailto:landten-bounces@lists.flabarrpptl.org mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of Gioia DeCarlo
Sent: Tuesday, July 28, 2015 11:05 AM
To: RPPTL Landlord Tenant Committee
Subject: Re: [RPPTL LandTen] I need clarification on 83.60
Glad to hear it! And glad to be able help!
Gioia
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From: <landten-bounces@lists.flabarrpptl.org mailto:landten-bounces@lists.flabarrpptl.org> on behalf of Leonard Cabral <LensLaw@Lenslaw.com mailto:LensLaw@Lenslaw.com>
Reply-To: RPPTL Landlord Tenant Committee <landten@lists.flabarrpptl.org mailto:landten@lists.flabarrpptl.org>
Date: Tuesday, July 28, 2015 at 10:56 AM
To: RPPTL Landlord Tenant Committee <landten@lists.flabarrpptl.org mailto:landten@lists.flabarrpptl.org>
Subject: Re: [RPPTL LandTen] I need clarification on 83.60
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 J.
Leonard P. Cabral
Leonardcabral@lenslaw.com mailto:Leonardcabral@lenslaw.com
From:landten-bounces@lists.flabarrpptl.org mailto:landten-bounces@lists.flabarrpptl.org [mailto: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
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From: <landten-bounces@lists.flabarrpptl.org mailto:landten-bounces@lists.flabarrpptl.org> on behalf of Eddy Leal <el@leallegal.com mailto:el@leallegal.com>
Reply-To: RPPTL Landlord Tenant Committee <landten@lists.flabarrpptl.org mailto:landten@lists.flabarrpptl.org>
Date: Tuesday, July 21, 2015 at 10:08 AM
To: RPPTL Landlord Tenant Committee <landten@lists.flabarrpptl.org mailto: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 mailto:el@leallegal.com
On Tue, Jul 21, 2015 at 9:23 AM, Gioia DeCarlo <gdc@dvllclegal.com mailto: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
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From: <landten-bounces@lists.flabarrpptl.org mailto:landten-bounces@lists.flabarrpptl.org> on behalf of Leonard Cabral <LensLaw@Lenslaw.com mailto:LensLaw@Lenslaw.com>
Reply-To: RPPTL Landlord Tenant Committee <landten@lists.flabarrpptl.org mailto:landten@lists.flabarrpptl.org>
Date: Monday, July 20, 2015 at 11:40 PM
To: RPPTL Landlord Tenant Committee <landten@lists.flabarrpptl.org mailto: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 mailto:Leonardcabral@lenslaw.com
(407)330-4998 tel:%28407%29330-4998
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Nowadays always get fees for fees. Amount, expert, entitlement. Fees for fees is now a go. For several years, actually, at least 2.
Lainie J. Simon, Esq.
185 NW Spanish River Boulevard
Suite 220
Boca Raton, FL 33431
561.445.1361
561.997.6224(fax)
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On Jul 30, 2015, at 2:06 PM, Gioia DeCarlo <gdc@dvllclegal.com> wrote:
Todd & Lainie
Do you typically get fees for determining amt and the expert fees, or just for entitlement?
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From: <landten-bounces@lists.flabarrpptl.org <mailto:landten-bounces@lists.flabarrpptl.org>> on behalf of Todd Allen <todd@lindsayallenlaw.com <mailto:todd@lindsayallenlaw.com>>
Reply-To: RPPTL Landlord Tenant Committee <landten@lists.flabarrpptl.org <mailto:landten@lists.flabarrpptl.org>>
Date: Thursday, July 30, 2015 at 1:41 PM
To: RPPTL Landlord Tenant Committee <landten@lists.flabarrpptl.org <mailto:landten@lists.flabarrpptl.org>>
Subject: Re: [RPPTL LandTen] I need clarification on 83.60
This has been my experience in Naples.
Todd B. Allen, Esq. | Attorney
Todd@LindsayAllenLaw.com <mailto:Todd@LindsayAllenLaw.com>
13180 Livingston Rd, Suite 201
Naples, FL 34109
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[mobile]
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> On Jul 30, 2015, at 1:08 PM, Lainie Simon <ljsimon1@comcast.net <mailto:ljsimon1@comcast.net>> wrote:
>
> In PB they now routinely grant fees for fees in every contract case, unless the fee clause is limiting or limited in any way. Typical clause, fees to prevailing party, you now get fees for fees.
>
> Lainie J. Simon, Esq.
> 185 NW Spanish River Boulevard
> Suite 220
> Boca Raton, FL 33431
> 561.445.1361
> 561.997.6224(fax)
>
> PRIVILEGE AND CONFIDENTIALITY NOTICE: This e-mail is covered by the Electronic Communications Privacy Act, 18 U.S.C. 2510-2521 and is legally privileged. The contents of this e-mail message and any attachments are intended solely for the party or parties addressed and named in this message. This communication and all attachments, if any, are intended to be and to remain confidential, and it may be subject to the applicable attorney - client and or work product privileges. If you are not the intended recipient of this message, or if this message has been addressed to you in error, please immediately alert the sender by reply e-mail and then delete this message and its attachments. Do not deliver, distribute, or copy this message and or any attachments if you are not the intended recipient. Do not disclose the contents or take any action in reliance upon the information contained in this communication or any attachments. Although this E-mail and any attachments are believed to be free of any virus or other defect that might affect any computer system into which it is received and opened, it is the responsibility of the recipient to ensure that it is virus free and no responsibility is accepted by the sender for damage arising in any way from its use.
> Ê
>
>
>
> On Jul 30, 2015, at 12:14 PM, Gioia DeCarlo <gdc@dvllclegal.com <mailto:gdc@dvllclegal.com>> wrote:
>
>
> I read Waverly to support getting fees for having to fight for, and collect, fees. Of course, I have never gone so far to do a fee hearing. I checked this morning with a friend of mine in Palm Beach County who has done many fee hearings. He cites Waverly all the time to get his fees for working for his fees, in a foreclosure and 57.105 context ,and he prevails. He doesn’t know why a judge would rule otherwise.
>
>
> <8CB06059-7794-44D1-BE98-12633C0070FE[51].png>
>
> 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.
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> From: <landten-bounces@lists.flabarrpptl.org <mailto:landten-bounces@lists.flabarrpptl.org>> on behalf of lesstevens <lesstevens@earthlink.net <mailto:lesstevens@earthlink.net>>
> Organization: Les H. Stevens, P.A.
> Reply-To: <lesstevens@earthlink.net <mailto:lesstevens@earthlink.net>>, RPPTL Landlord Tenant Committee <landten@lists.flabarrpptl.org <mailto:landten@lists.flabarrpptl.org>>
> Date: Thursday, July 30, 2015 at 8:34 AM
> To: 'RPPTL Landlord Tenant Committee' <landten@lists.flabarrpptl.org <mailto:landten@lists.flabarrpptl.org>>
> Subject: Re: [RPPTL LandTen] I need clarification on 83.60
>
> Unless there is a provision in the Lease which states that it includes fees/costs relating to the determination of said fees/costs….had a judge bring that to my attention once, and now I include it in every document where attorneys’ fees could be recovered.
>
>
> Les H. Stevens, Esquire
> Les H. Stevens, P.A.
> 5301 North Federal Highway
> Suite 130
> Boca Raton, Florida 33487
> Tel. - (561) 989-9797
> Fax - (561) 989-8484
> E-Mail - lesstevens@earthlink.net <mailto:lesstevens@earthlink.net>
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> From: landten-bounces@lists.flabarrpptl.org <mailto:landten-bounces@lists.flabarrpptl.org> [mailto:landten-bounces@lists.flabarrpptl.org <mailto:landten-bounces@lists.flabarrpptl.org>] On Behalf Of Sebastian Jaramillo
> Sent: Thursday, July 30, 2015 8:24 AM
> To: RPPTL Landlord Tenant Committee
> Subject: Re: [RPPTL LandTen] I need clarification on 83.60
>
> My understanding is that you are not allowed to collect attorney's fees on you Motion for Attorney's Fees. In other words, you cannot get fees on fees.
>
>
> Sebastian Jaramillo, Esq.
>
> 66 W. Flagler St Suite 500 Miami, FL 33130
> Tel: (305) 600-3805 Fax: (786) 347-5562
> www.lawjb.com <http://www.lawjb.com/>
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> On Thu, Jul 30, 2015 at 7:28 AM, Gioia DeCarlo <gdc@dvllclegal.com <mailto:gdc@dvllclegal.com>> wrote:
> The plaintiff’s case was dismissed. The judgment goes against the plaintiff (fair result, the plaintiff is the party that caused the unnecceary legal fees for your client).
>
> Now, it may be the attorney filed with the wrong plaintiff in error or on the attorney’s advice, the case was brought by the wrong party and if so, maybe the attorney will step up and do the right thing and pay, but that’s between the plaintiff’s attorney and the plaintiff. The lawyer has no direct liability to your client of which I am aware.
>
> Unless you get an agreement and the money right way, file your Motion to Determine Enititlement and To Tax Fees & Costs because you only have 30 days and the filing of it will likely make the other side realize they have to pay (you did prevail)— include your time for any research and drafting the motion and ask for the time that will be spent at hearing the motion. I doubt the fees will be so much that they will insist on a fee hearing to determine a reasonable fee amount (I am confident you will win on entitlement). I have never had to go that far — the times my client was entitled, the other side paid. But if you do go to a fee hearing, my understanding is that the plaintiff will then have to pay your time to prepare & attend the fee hearing and for your expert’s review of file and attendance at the fee hearing, all which make the fee hearing impractical for the plaintiff — even attending the hearing on your motion to detemine and tax is crazy for them to go. They will pay.
>
> Gioia
> Gdc@dvllclegal.com <mailto:Gdc@dvllclegal.com>
>
>
> <image001.png>
>
> 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.
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> From: <landten-bounces@lists.flabarrpptl.org <mailto:landten-bounces@lists.flabarrpptl.org>> on behalf of Leonard Cabral <LensLaw@Lenslaw.com <mailto:LensLaw@Lenslaw.com>>
> Reply-To: RPPTL Landlord Tenant Committee <landten@lists.flabarrpptl.org <mailto:landten@lists.flabarrpptl.org>>
> Date: Wednesday, July 29, 2015 at 10:37 PM
> To: RPPTL Landlord Tenant Committee <landten@lists.flabarrpptl.org <mailto:landten@lists.flabarrpptl.org>>
> Subject: Re: [RPPTL LandTen] I need clarification on 83.60
>
> I actually had a question a bout that. Who do I ask for fees if the plaintiff is the wrong party, the attorney as sanctions?
> I may be able to call the attorney and work out fees but I still filed a motion for costs and attorney fees.
> Leonard P. Cabral
> Leonardcabral@lenslaw.com <mailto:Leonardcabral@lenslaw.com>
>
>
>
> From: landten-bounces@lists.flabarrpptl.org <mailto:landten-bounces@lists.flabarrpptl.org> [mailto:landten-bounces@lists.flabarrpptl.org <mailto:landten-bounces@lists.flabarrpptl.org>] On Behalf Of Gioia DeCarlo
> Sent: Tuesday, July 28, 2015 2:51 PM
> To: RPPTL Landlord Tenant Committee
> Subject: Re: [RPPTL LandTen] I need clarification on 83.60
>
> Hi Leonard
>
> I hope you asked for legal fees!
>
> If not, you have 30 days to file your motion for entitlement (under 83.48) and to tax fees and costs under Fl R. Civ. Pro. 1.525.
>
>
> <image001.png>
>
> 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.
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> From: <landten-bounces@lists.flabarrpptl.org <mailto:landten-bounces@lists.flabarrpptl.org>> on behalf of Leonard Cabral <LensLaw@Lenslaw.com <mailto:LensLaw@Lenslaw.com>>
> Reply-To: RPPTL Landlord Tenant Committee <landten@lists.flabarrpptl.org <mailto:landten@lists.flabarrpptl.org>>
> Date: Tuesday, July 28, 2015 at 1:58 PM
> To: RPPTL Landlord Tenant Committee <landten@lists.flabarrpptl.org <mailto:landten@lists.flabarrpptl.org>>
> Subject: Re: [RPPTL LandTen] I need clarification on 83.60
>
> The problem with tenant defense is when the client brings in the complaint and the time the law requires a response. That doesn’t leave much time for research that I can do but not it that timeframe. So I must rely on the great lawyers on this list who have this information at their finger tips. Thanks again. YOU MADE MY DAY.
> If Harry reads this, you should be able to figure out why this should also make your day.
>
> Leonard P. Cabral, Esq.
> Leonardcabral@lenslaw.com <mailto:Leonardcabral@lenslaw.com>
> Please disregard inadvertent misspellings
>
>
>
> From:landten-bounces@lists.flabarrpptl.org <mailto:landten-bounces@lists.flabarrpptl.org> [mailto:landten-bounces@lists.flabarrpptl.org <mailto:landten-bounces@lists.flabarrpptl.org>] On Behalf Of Gioia DeCarlo
> Sent: Tuesday, July 28, 2015 11:05 AM
> To: RPPTL Landlord Tenant Committee
> Subject: Re: [RPPTL LandTen] I need clarification on 83.60
>
> Glad to hear it! And glad to be able help!
>
> Gioia
>
> <image001.png>
>
> 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 <mailto:landten-bounces@lists.flabarrpptl.org>> on behalf of Leonard Cabral <LensLaw@Lenslaw.com <mailto:LensLaw@Lenslaw.com>>
> Reply-To: RPPTL Landlord Tenant Committee <landten@lists.flabarrpptl.org <mailto:landten@lists.flabarrpptl.org>>
> Date: Tuesday, July 28, 2015 at 10:56 AM
> To: RPPTL Landlord Tenant Committee <landten@lists.flabarrpptl.org <mailto:landten@lists.flabarrpptl.org>>
> Subject: Re: [RPPTL LandTen] I need clarification on 83.60
>
> 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 J.
>
> Leonard P. Cabral
> Leonardcabral@lenslaw.com <mailto:Leonardcabral@lenslaw.com>
>
>
>
> From:landten-bounces@lists.flabarrpptl.org <mailto:landten-bounces@lists.flabarrpptl.org> [mailto: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
>
>
> <image001.png>
>
> 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 <mailto:landten-bounces@lists.flabarrpptl.org>> on behalf of Eddy Leal <el@leallegal.com <mailto:el@leallegal.com>>
> Reply-To: RPPTL Landlord Tenant Committee <landten@lists.flabarrpptl.org <mailto:landten@lists.flabarrpptl.org>>
> Date: Tuesday, July 21, 2015 at 10:08 AM
> To: RPPTL Landlord Tenant Committee <landten@lists.flabarrpptl.org <mailto: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 <mailto:el@leallegal.com>
>
> On Tue, Jul 21, 2015 at 9:23 AM, Gioia DeCarlo <gdc@dvllclegal.com <mailto: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
>
>
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> From: <landten-bounces@lists.flabarrpptl.org <mailto:landten-bounces@lists.flabarrpptl.org>> on behalf of Leonard Cabral <LensLaw@Lenslaw.com <mailto:LensLaw@Lenslaw.com>>
> Reply-To: RPPTL Landlord Tenant Committee <landten@lists.flabarrpptl.org <mailto:landten@lists.flabarrpptl.org>>
> Date: Monday, July 20, 2015 at 11:40 PM
> To: RPPTL Landlord Tenant Committee <landten@lists.flabarrpptl.org <mailto: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 <mailto:Leonardcabral@lenslaw.com>
> (407)330-4998 <tel:%28407%29330-4998>
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TA
Todd Allen
Thu, Jul 30, 2015 6:19 PM
I’ve been able to get fees for determining the amount and the expert fees.
I rarely have to argue entitlement.
Todd B. Allen, Esq. | Attorney
Todd@LindsayAllenLaw.com
13180 Livingston Rd, Suite 201
Naples, FL 34109
[office]
[mobile]
[fax]
239.593.7900
239.300.3506
239.593.7909
www.LindsayAllenLaw.com
On Jul 30, 2015, at 2:06 PM, Gioia DeCarlo gdc@dvllclegal.com wrote:
Todd & Lainie
Do you typically get fees for determining amt and the expert fees, or just for entitlement?
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From: <landten-bounces@lists.flabarrpptl.org mailto:landten-bounces@lists.flabarrpptl.org> on behalf of Todd Allen <todd@lindsayallenlaw.com mailto:todd@lindsayallenlaw.com>
Reply-To: RPPTL Landlord Tenant Committee <landten@lists.flabarrpptl.org mailto:landten@lists.flabarrpptl.org>
Date: Thursday, July 30, 2015 at 1:41 PM
To: RPPTL Landlord Tenant Committee <landten@lists.flabarrpptl.org mailto:landten@lists.flabarrpptl.org>
Subject: Re: [RPPTL LandTen] I need clarification on 83.60
This has been my experience in Naples.
Todd B. Allen, Esq. | Attorney
Todd@LindsayAllenLaw.com mailto:Todd@LindsayAllenLaw.com
13180 Livingston Rd, Suite 201
Naples, FL 34109
<facebook_icon.jpg> <linkedin_icon.jpg>
[office]
[mobile]
[fax]
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239.300.3506
239.593.7909
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<LindsayAllen_logo.jpg>
On Jul 30, 2015, at 1:08 PM, Lainie Simon <ljsimon1@comcast.net mailto:ljsimon1@comcast.net> wrote:
In PB they now routinely grant fees for fees in every contract case, unless the fee clause is limiting or limited in any way. Typical clause, fees to prevailing party, you now get fees for fees.
Lainie J. Simon, Esq.
185 NW Spanish River Boulevard
Suite 220
Boca Raton, FL 33431
561.445.1361
561.997.6224(fax)
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On Jul 30, 2015, at 12:14 PM, Gioia DeCarlo <gdc@dvllclegal.com mailto:gdc@dvllclegal.com> wrote:
I read Waverly to support getting fees for having to fight for, and collect, fees. Of course, I have never gone so far to do a fee hearing. I checked this morning with a friend of mine in Palm Beach County who has done many fee hearings. He cites Waverly all the time to get his fees for working for his fees, in a foreclosure and 57.105 context ,and he prevails. He doesn’t know why a judge would rule otherwise.
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From: <landten-bounces@lists.flabarrpptl.org mailto:landten-bounces@lists.flabarrpptl.org> on behalf of lesstevens <lesstevens@earthlink.net mailto:lesstevens@earthlink.net>
Organization: Les H. Stevens, P.A.
Reply-To: <lesstevens@earthlink.net mailto:lesstevens@earthlink.net>, RPPTL Landlord Tenant Committee <landten@lists.flabarrpptl.org mailto:landten@lists.flabarrpptl.org>
Date: Thursday, July 30, 2015 at 8:34 AM
To: 'RPPTL Landlord Tenant Committee' <landten@lists.flabarrpptl.org mailto:landten@lists.flabarrpptl.org>
Subject: Re: [RPPTL LandTen] I need clarification on 83.60
Unless there is a provision in the Lease which states that it includes fees/costs relating to the determination of said fees/costs….had a judge bring that to my attention once, and now I include it in every document where attorneys’ fees could be recovered.
Les H. Stevens, Esquire
Les H. Stevens, P.A.
5301 North Federal Highway
Suite 130
Boca Raton, Florida 33487
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From: landten-bounces@lists.flabarrpptl.org mailto:landten-bounces@lists.flabarrpptl.org [mailto:landten-bounces@lists.flabarrpptl.org mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of Sebastian Jaramillo
Sent: Thursday, July 30, 2015 8:24 AM
To: RPPTL Landlord Tenant Committee
Subject: Re: [RPPTL LandTen] I need clarification on 83.60
My understanding is that you are not allowed to collect attorney's fees on you Motion for Attorney's Fees. In other words, you cannot get fees on fees.
Sebastian Jaramillo, Esq.
66 W. Flagler St Suite 500 Miami, FL 33130
Tel: (305) 600-3805 Fax: (786) 347-5562
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On Thu, Jul 30, 2015 at 7:28 AM, Gioia DeCarlo <gdc@dvllclegal.com mailto:gdc@dvllclegal.com> wrote:
The plaintiff’s case was dismissed. The judgment goes against the plaintiff (fair result, the plaintiff is the party that caused the unnecceary legal fees for your client).
Now, it may be the attorney filed with the wrong plaintiff in error or on the attorney’s advice, the case was brought by the wrong party and if so, maybe the attorney will step up and do the right thing and pay, but that’s between the plaintiff’s attorney and the plaintiff. The lawyer has no direct liability to your client of which I am aware.
Unless you get an agreement and the money right way, file your Motion to Determine Enititlement and To Tax Fees & Costs because you only have 30 days and the filing of it will likely make the other side realize they have to pay (you did prevail)— include your time for any research and drafting the motion and ask for the time that will be spent at hearing the motion. I doubt the fees will be so much that they will insist on a fee hearing to determine a reasonable fee amount (I am confident you will win on entitlement). I have never had to go that far — the times my client was entitled, the other side paid. But if you do go to a fee hearing, my understanding is that the plaintiff will then have to pay your time to prepare & attend the fee hearing and for your expert’s review of file and attendance at the fee hearing, all which make the fee hearing impractical for the plaintiff — even attending the hearing on your motion to detemine and tax is crazy for them to go. They will pay.
Gioia
Gdc@dvllclegal.com mailto:Gdc@dvllclegal.com
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From: <landten-bounces@lists.flabarrpptl.org mailto:landten-bounces@lists.flabarrpptl.org> on behalf of Leonard Cabral <LensLaw@Lenslaw.com mailto:LensLaw@Lenslaw.com>
Reply-To: RPPTL Landlord Tenant Committee <landten@lists.flabarrpptl.org mailto:landten@lists.flabarrpptl.org>
Date: Wednesday, July 29, 2015 at 10:37 PM
To: RPPTL Landlord Tenant Committee <landten@lists.flabarrpptl.org mailto:landten@lists.flabarrpptl.org>
Subject: Re: [RPPTL LandTen] I need clarification on 83.60
I actually had a question a bout that. Who do I ask for fees if the plaintiff is the wrong party, the attorney as sanctions?
I may be able to call the attorney and work out fees but I still filed a motion for costs and attorney fees.
Leonard P. Cabral
Leonardcabral@lenslaw.com mailto:Leonardcabral@lenslaw.com
From: landten-bounces@lists.flabarrpptl.org mailto:landten-bounces@lists.flabarrpptl.org [mailto:landten-bounces@lists.flabarrpptl.org mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of Gioia DeCarlo
Sent: Tuesday, July 28, 2015 2:51 PM
To: RPPTL Landlord Tenant Committee
Subject: Re: [RPPTL LandTen] I need clarification on 83.60
Hi Leonard
I hope you asked for legal fees!
If not, you have 30 days to file your motion for entitlement (under 83.48) and to tax fees and costs under Fl R. Civ. Pro. 1.525.
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From: <landten-bounces@lists.flabarrpptl.org mailto:landten-bounces@lists.flabarrpptl.org> on behalf of Leonard Cabral <LensLaw@Lenslaw.com mailto:LensLaw@Lenslaw.com>
Reply-To: RPPTL Landlord Tenant Committee <landten@lists.flabarrpptl.org mailto:landten@lists.flabarrpptl.org>
Date: Tuesday, July 28, 2015 at 1:58 PM
To: RPPTL Landlord Tenant Committee <landten@lists.flabarrpptl.org mailto:landten@lists.flabarrpptl.org>
Subject: Re: [RPPTL LandTen] I need clarification on 83.60
The problem with tenant defense is when the client brings in the complaint and the time the law requires a response. That doesn’t leave much time for research that I can do but not it that timeframe. So I must rely on the great lawyers on this list who have this information at their finger tips. Thanks again. YOU MADE MY DAY.
If Harry reads this, you should be able to figure out why this should also make your day.
Leonard P. Cabral, Esq.
Leonardcabral@lenslaw.com mailto:Leonardcabral@lenslaw.com
Please disregard inadvertent misspellings
From:landten-bounces@lists.flabarrpptl.org mailto:landten-bounces@lists.flabarrpptl.org [mailto:landten-bounces@lists.flabarrpptl.org mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of Gioia DeCarlo
Sent: Tuesday, July 28, 2015 11:05 AM
To: RPPTL Landlord Tenant Committee
Subject: Re: [RPPTL LandTen] I need clarification on 83.60
Glad to hear it! And glad to be able help!
Gioia
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From: <landten-bounces@lists.flabarrpptl.org mailto:landten-bounces@lists.flabarrpptl.org> on behalf of Leonard Cabral <LensLaw@Lenslaw.com mailto:LensLaw@Lenslaw.com>
Reply-To: RPPTL Landlord Tenant Committee <landten@lists.flabarrpptl.org mailto:landten@lists.flabarrpptl.org>
Date: Tuesday, July 28, 2015 at 10:56 AM
To: RPPTL Landlord Tenant Committee <landten@lists.flabarrpptl.org mailto:landten@lists.flabarrpptl.org>
Subject: Re: [RPPTL LandTen] I need clarification on 83.60
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 J.
Leonard P. Cabral
Leonardcabral@lenslaw.com mailto:Leonardcabral@lenslaw.com
From:landten-bounces@lists.flabarrpptl.org mailto:landten-bounces@lists.flabarrpptl.org [mailto: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
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From: <landten-bounces@lists.flabarrpptl.org mailto:landten-bounces@lists.flabarrpptl.org> on behalf of Eddy Leal <el@leallegal.com mailto:el@leallegal.com>
Reply-To: RPPTL Landlord Tenant Committee <landten@lists.flabarrpptl.org mailto:landten@lists.flabarrpptl.org>
Date: Tuesday, July 21, 2015 at 10:08 AM
To: RPPTL Landlord Tenant Committee <landten@lists.flabarrpptl.org mailto: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 mailto:el@leallegal.com
On Tue, Jul 21, 2015 at 9:23 AM, Gioia DeCarlo <gdc@dvllclegal.com mailto: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
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From: <landten-bounces@lists.flabarrpptl.org mailto:landten-bounces@lists.flabarrpptl.org> on behalf of Leonard Cabral <LensLaw@Lenslaw.com mailto:LensLaw@Lenslaw.com>
Reply-To: RPPTL Landlord Tenant Committee <landten@lists.flabarrpptl.org mailto:landten@lists.flabarrpptl.org>
Date: Monday, July 20, 2015 at 11:40 PM
To: RPPTL Landlord Tenant Committee <landten@lists.flabarrpptl.org mailto: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 mailto:Leonardcabral@lenslaw.com
(407)330-4998 tel:%28407%29330-4998
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I’ve been able to get fees for determining the amount and the expert fees.
I rarely have to argue entitlement.
Todd B. Allen, Esq. | Attorney
Todd@LindsayAllenLaw.com
13180 Livingston Rd, Suite 201
Naples, FL 34109
[office]
[mobile]
[fax]
239.593.7900
239.300.3506
239.593.7909
www.LindsayAllenLaw.com
> On Jul 30, 2015, at 2:06 PM, Gioia DeCarlo <gdc@dvllclegal.com> wrote:
>
>
> Todd & Lainie
>
> Do you typically get fees for determining amt and the expert fees, or just for entitlement?
>
>
>
> <8CB06059-7794-44D1-BE98-12633C0070FE[64].png>
>
> 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 <mailto:landten-bounces@lists.flabarrpptl.org>> on behalf of Todd Allen <todd@lindsayallenlaw.com <mailto:todd@lindsayallenlaw.com>>
> Reply-To: RPPTL Landlord Tenant Committee <landten@lists.flabarrpptl.org <mailto:landten@lists.flabarrpptl.org>>
> Date: Thursday, July 30, 2015 at 1:41 PM
> To: RPPTL Landlord Tenant Committee <landten@lists.flabarrpptl.org <mailto:landten@lists.flabarrpptl.org>>
> Subject: Re: [RPPTL LandTen] I need clarification on 83.60
>
> This has been my experience in Naples.
>
> Todd B. Allen, Esq. | Attorney
> Todd@LindsayAllenLaw.com <mailto:Todd@LindsayAllenLaw.com>
>
> 13180 Livingston Rd, Suite 201
> Naples, FL 34109
>
> <facebook_icon.jpg> <linkedin_icon.jpg>
>
> [office]
> [mobile]
> [fax]
>
> 239.593.7900
> 239.300.3506
> 239.593.7909
> www.LindsayAllenLaw.com <http://www.lindsayallenlaw.com/>
> <LindsayAllen_logo.jpg>
>
>> On Jul 30, 2015, at 1:08 PM, Lainie Simon <ljsimon1@comcast.net <mailto:ljsimon1@comcast.net>> wrote:
>>
>> In PB they now routinely grant fees for fees in every contract case, unless the fee clause is limiting or limited in any way. Typical clause, fees to prevailing party, you now get fees for fees.
>>
>> Lainie J. Simon, Esq.
>> 185 NW Spanish River Boulevard
>> Suite 220
>> Boca Raton, FL 33431
>> 561.445.1361
>> 561.997.6224(fax)
>>
>> PRIVILEGE AND CONFIDENTIALITY NOTICE: This e-mail is covered by the Electronic Communications Privacy Act, 18 U.S.C. 2510-2521 and is legally privileged. The contents of this e-mail message and any attachments are intended solely for the party or parties addressed and named in this message. This communication and all attachments, if any, are intended to be and to remain confidential, and it may be subject to the applicable attorney - client and or work product privileges. If you are not the intended recipient of this message, or if this message has been addressed to you in error, please immediately alert the sender by reply e-mail and then delete this message and its attachments. Do not deliver, distribute, or copy this message and or any attachments if you are not the intended recipient. Do not disclose the contents or take any action in reliance upon the information contained in this communication or any attachments. Although this E-mail and any attachments are believed to be free of any virus or other defect that might affect any computer system into which it is received and opened, it is the responsibility of the recipient to ensure that it is virus free and no responsibility is accepted by the sender for damage arising in any way from its use.
>> Ê
>>
>>
>>
>> On Jul 30, 2015, at 12:14 PM, Gioia DeCarlo <gdc@dvllclegal.com <mailto:gdc@dvllclegal.com>> wrote:
>>
>>
>> I read Waverly to support getting fees for having to fight for, and collect, fees. Of course, I have never gone so far to do a fee hearing. I checked this morning with a friend of mine in Palm Beach County who has done many fee hearings. He cites Waverly all the time to get his fees for working for his fees, in a foreclosure and 57.105 context ,and he prevails. He doesn’t know why a judge would rule otherwise.
>>
>>
>> <8CB06059-7794-44D1-BE98-12633C0070FE[51].png>
>>
>> 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 <mailto:landten-bounces@lists.flabarrpptl.org>> on behalf of lesstevens <lesstevens@earthlink.net <mailto:lesstevens@earthlink.net>>
>> Organization: Les H. Stevens, P.A.
>> Reply-To: <lesstevens@earthlink.net <mailto:lesstevens@earthlink.net>>, RPPTL Landlord Tenant Committee <landten@lists.flabarrpptl.org <mailto:landten@lists.flabarrpptl.org>>
>> Date: Thursday, July 30, 2015 at 8:34 AM
>> To: 'RPPTL Landlord Tenant Committee' <landten@lists.flabarrpptl.org <mailto:landten@lists.flabarrpptl.org>>
>> Subject: Re: [RPPTL LandTen] I need clarification on 83.60
>>
>> Unless there is a provision in the Lease which states that it includes fees/costs relating to the determination of said fees/costs….had a judge bring that to my attention once, and now I include it in every document where attorneys’ fees could be recovered.
>>
>>
>> Les H. Stevens, Esquire
>> Les H. Stevens, P.A.
>> 5301 North Federal Highway
>> Suite 130
>> Boca Raton, Florida 33487
>> Tel. - (561) 989-9797
>> Fax - (561) 989-8484
>> E-Mail - lesstevens@earthlink.net <mailto:lesstevens@earthlink.net>
>>
>> ________________________________________________________________________________________
>> OUR OFFICE NO LONGER ACCEPTS CASHIER'S OR BANK CHECKS AT CLOSING. ALL FUNDS MUST BE RECEIVED IN THE FORM OF A SAME DAY WIRE TRANSFER ONLY (NO ACH TRANSFERS).
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>>
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>> From: landten-bounces@lists.flabarrpptl.org <mailto:landten-bounces@lists.flabarrpptl.org> [mailto:landten-bounces@lists.flabarrpptl.org <mailto:landten-bounces@lists.flabarrpptl.org>] On Behalf Of Sebastian Jaramillo
>> Sent: Thursday, July 30, 2015 8:24 AM
>> To: RPPTL Landlord Tenant Committee
>> Subject: Re: [RPPTL LandTen] I need clarification on 83.60
>>
>> My understanding is that you are not allowed to collect attorney's fees on you Motion for Attorney's Fees. In other words, you cannot get fees on fees.
>>
>>
>> Sebastian Jaramillo, Esq.
>>
>> 66 W. Flagler St Suite 500 Miami, FL 33130
>> Tel: (305) 600-3805 Fax: (786) 347-5562
>> www.lawjb.com <http://www.lawjb.com/>
>> This email and any files transmitted with it are confidential and intended solely for the use of the individual or entity to whom they are addressed. If you have received this email in error please notify the system manager. This message contains confidential information and is intended only for the individual named. If you are not the named addressee you should not disseminate, distribute or copy this e-mail. Please notify the sender immediately by e-mail if you have received this e-mail by mistake and delete this e-mail from your system. If you are not the intended recipient you are notified that disclosing, copying, distributing or taking any action in reliance on the contents of this information is strictly prohibited.
>> IMPORTANT TAX NOTICE: This communication is not written to be used, and cannot be used, by a taxpayer for the purpose of avoiding penalties that may be asserted against the taxpayer under the Internal Revenue Code of 1986, as amended.
>>
>> On Thu, Jul 30, 2015 at 7:28 AM, Gioia DeCarlo <gdc@dvllclegal.com <mailto:gdc@dvllclegal.com>> wrote:
>> The plaintiff’s case was dismissed. The judgment goes against the plaintiff (fair result, the plaintiff is the party that caused the unnecceary legal fees for your client).
>>
>> Now, it may be the attorney filed with the wrong plaintiff in error or on the attorney’s advice, the case was brought by the wrong party and if so, maybe the attorney will step up and do the right thing and pay, but that’s between the plaintiff’s attorney and the plaintiff. The lawyer has no direct liability to your client of which I am aware.
>>
>> Unless you get an agreement and the money right way, file your Motion to Determine Enititlement and To Tax Fees & Costs because you only have 30 days and the filing of it will likely make the other side realize they have to pay (you did prevail)— include your time for any research and drafting the motion and ask for the time that will be spent at hearing the motion. I doubt the fees will be so much that they will insist on a fee hearing to determine a reasonable fee amount (I am confident you will win on entitlement). I have never had to go that far — the times my client was entitled, the other side paid. But if you do go to a fee hearing, my understanding is that the plaintiff will then have to pay your time to prepare & attend the fee hearing and for your expert’s review of file and attendance at the fee hearing, all which make the fee hearing impractical for the plaintiff — even attending the hearing on your motion to detemine and tax is crazy for them to go. They will pay.
>>
>> Gioia
>> Gdc@dvllclegal.com <mailto:Gdc@dvllclegal.com>
>>
>>
>> <image001.png>
>>
>> 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 <mailto:landten-bounces@lists.flabarrpptl.org>> on behalf of Leonard Cabral <LensLaw@Lenslaw.com <mailto:LensLaw@Lenslaw.com>>
>> Reply-To: RPPTL Landlord Tenant Committee <landten@lists.flabarrpptl.org <mailto:landten@lists.flabarrpptl.org>>
>> Date: Wednesday, July 29, 2015 at 10:37 PM
>> To: RPPTL Landlord Tenant Committee <landten@lists.flabarrpptl.org <mailto:landten@lists.flabarrpptl.org>>
>> Subject: Re: [RPPTL LandTen] I need clarification on 83.60
>>
>> I actually had a question a bout that. Who do I ask for fees if the plaintiff is the wrong party, the attorney as sanctions?
>> I may be able to call the attorney and work out fees but I still filed a motion for costs and attorney fees.
>> Leonard P. Cabral
>> Leonardcabral@lenslaw.com <mailto:Leonardcabral@lenslaw.com>
>>
>>
>>
>> From: landten-bounces@lists.flabarrpptl.org <mailto:landten-bounces@lists.flabarrpptl.org> [mailto:landten-bounces@lists.flabarrpptl.org <mailto:landten-bounces@lists.flabarrpptl.org>] On Behalf Of Gioia DeCarlo
>> Sent: Tuesday, July 28, 2015 2:51 PM
>> To: RPPTL Landlord Tenant Committee
>> Subject: Re: [RPPTL LandTen] I need clarification on 83.60
>>
>> Hi Leonard
>>
>> I hope you asked for legal fees!
>>
>> If not, you have 30 days to file your motion for entitlement (under 83.48) and to tax fees and costs under Fl R. Civ. Pro. 1.525.
>>
>>
>> <image001.png>
>>
>> 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 <mailto:landten-bounces@lists.flabarrpptl.org>> on behalf of Leonard Cabral <LensLaw@Lenslaw.com <mailto:LensLaw@Lenslaw.com>>
>> Reply-To: RPPTL Landlord Tenant Committee <landten@lists.flabarrpptl.org <mailto:landten@lists.flabarrpptl.org>>
>> Date: Tuesday, July 28, 2015 at 1:58 PM
>> To: RPPTL Landlord Tenant Committee <landten@lists.flabarrpptl.org <mailto:landten@lists.flabarrpptl.org>>
>> Subject: Re: [RPPTL LandTen] I need clarification on 83.60
>>
>> The problem with tenant defense is when the client brings in the complaint and the time the law requires a response. That doesn’t leave much time for research that I can do but not it that timeframe. So I must rely on the great lawyers on this list who have this information at their finger tips. Thanks again. YOU MADE MY DAY.
>> If Harry reads this, you should be able to figure out why this should also make your day.
>>
>> Leonard P. Cabral, Esq.
>> Leonardcabral@lenslaw.com <mailto:Leonardcabral@lenslaw.com>
>> Please disregard inadvertent misspellings
>>
>>
>>
>> From:landten-bounces@lists.flabarrpptl.org <mailto:landten-bounces@lists.flabarrpptl.org> [mailto:landten-bounces@lists.flabarrpptl.org <mailto:landten-bounces@lists.flabarrpptl.org>] On Behalf Of Gioia DeCarlo
>> Sent: Tuesday, July 28, 2015 11:05 AM
>> To: RPPTL Landlord Tenant Committee
>> Subject: Re: [RPPTL LandTen] I need clarification on 83.60
>>
>> Glad to hear it! And glad to be able help!
>>
>> Gioia
>>
>> <image001.png>
>>
>> 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 <mailto:landten-bounces@lists.flabarrpptl.org>> on behalf of Leonard Cabral <LensLaw@Lenslaw.com <mailto:LensLaw@Lenslaw.com>>
>> Reply-To: RPPTL Landlord Tenant Committee <landten@lists.flabarrpptl.org <mailto:landten@lists.flabarrpptl.org>>
>> Date: Tuesday, July 28, 2015 at 10:56 AM
>> To: RPPTL Landlord Tenant Committee <landten@lists.flabarrpptl.org <mailto:landten@lists.flabarrpptl.org>>
>> Subject: Re: [RPPTL LandTen] I need clarification on 83.60
>>
>> 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 J.
>>
>> Leonard P. Cabral
>> Leonardcabral@lenslaw.com <mailto:Leonardcabral@lenslaw.com>
>>
>>
>>
>> From:landten-bounces@lists.flabarrpptl.org <mailto:landten-bounces@lists.flabarrpptl.org> [mailto: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
>>
>>
>> <image001.png>
>>
>> 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 <mailto:landten-bounces@lists.flabarrpptl.org>> on behalf of Eddy Leal <el@leallegal.com <mailto:el@leallegal.com>>
>> Reply-To: RPPTL Landlord Tenant Committee <landten@lists.flabarrpptl.org <mailto:landten@lists.flabarrpptl.org>>
>> Date: Tuesday, July 21, 2015 at 10:08 AM
>> To: RPPTL Landlord Tenant Committee <landten@lists.flabarrpptl.org <mailto: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 <mailto:el@leallegal.com>
>>
>> On Tue, Jul 21, 2015 at 9:23 AM, Gioia DeCarlo <gdc@dvllclegal.com <mailto: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
>>
>>
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>> 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.
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>> From: <landten-bounces@lists.flabarrpptl.org <mailto:landten-bounces@lists.flabarrpptl.org>> on behalf of Leonard Cabral <LensLaw@Lenslaw.com <mailto:LensLaw@Lenslaw.com>>
>> Reply-To: RPPTL Landlord Tenant Committee <landten@lists.flabarrpptl.org <mailto:landten@lists.flabarrpptl.org>>
>> Date: Monday, July 20, 2015 at 11:40 PM
>> To: RPPTL Landlord Tenant Committee <landten@lists.flabarrpptl.org <mailto: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 <mailto:Leonardcabral@lenslaw.com>
>> (407)330-4998 <tel:%28407%29330-4998>
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Gioia DeCarlo
Thu, Jul 30, 2015 6:33 PM
Thank you
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From: landten-bounces@lists.flabarrpptl.org on behalf of Lainie Simon
ljsimon1@comcast.net
Reply-To: RPPTL Landlord Tenant Committee landten@lists.flabarrpptl.org
Date: Thursday, July 30, 2015 at 2:14 PM
To: RPPTL Landlord Tenant Committee landten@lists.flabarrpptl.org
Subject: Re: [RPPTL LandTen] I need clarification on 83.60
Nowadays always get fees for fees. Amount, expert, entitlement. Fees for
fees is now a go. For several years, actually, at least 2.
Lainie J. Simon, Esq.
185 NW Spanish River Boulevard
Suite 220
Boca Raton, FL 33431
561.445.1361
561.997.6224(fax)
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On Jul 30, 2015, at 2:06 PM, Gioia DeCarlo gdc@dvllclegal.com wrote:
Todd & Lainie
Do you typically get fees for determining amt and the expert fees, or just
for entitlement?
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From: landten-bounces@lists.flabarrpptl.org on behalf of Todd Allen
todd@lindsayallenlaw.com
Reply-To: RPPTL Landlord Tenant Committee landten@lists.flabarrpptl.org
Date: Thursday, July 30, 2015 at 1:41 PM
To: RPPTL Landlord Tenant Committee landten@lists.flabarrpptl.org
Subject: Re: [RPPTL LandTen] I need clarification on 83.60
This has been my experience in Naples.
Todd B. Allen, Esq. | Attorney
Todd@LindsayAllenLaw.com
13180 Livingston Rd, Suite 201
Naples, FL 34109
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On Jul 30, 2015, at 1:08 PM, Lainie Simon ljsimon1@comcast.net wrote:
In PB they now routinely grant fees for fees in every contract case, unless
the fee clause is limiting or limited in any way. Typical clause, fees to
prevailing party, you now get fees for fees.
Lainie J. Simon, Esq.
185 NW Spanish River Boulevard
Suite 220
Boca Raton, FL 33431
561.445.1361
561.997.6224(fax)
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On Jul 30, 2015, at 12:14 PM, Gioia DeCarlo gdc@dvllclegal.com wrote:
I read Waverly to support getting fees for having to fight for, and collect,
fees. Of course, I have never gone so far to do a fee hearing. I checked
this morning with a friend of mine in Palm Beach County who has done many fee
hearings. He cites Waverly all the time to get his fees for working for his
fees, in a foreclosure and 57.105 context ,and he prevails. He doesn’t know
why a judge would rule otherwise.
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From: landten-bounces@lists.flabarrpptl.org on behalf of lesstevens
lesstevens@earthlink.net
Organization: Les H. Stevens, P.A.
Reply-To: lesstevens@earthlink.net, RPPTL Landlord Tenant Committee
landten@lists.flabarrpptl.org
Date: Thursday, July 30, 2015 at 8:34 AM
To: 'RPPTL Landlord Tenant Committee' landten@lists.flabarrpptl.org
Subject: Re: [RPPTL LandTen] I need clarification on 83.60
Unless there is a provision in the Lease which states that it includes
fees/costs relating to the determination of said fees/costs….had a judge bring
that to my attention once, and now I include it in every document where
attorneys’ fees could be recovered.
Les H. Stevens, Esquire
Les H. Stevens, P.A.
5301 North Federal Highway
Suite 130
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Tel. - (561) 989-9797
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From: landten-bounces@lists.flabarrpptl.org
[mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of Sebastian
Jaramillo
Sent: Thursday, July 30, 2015 8:24 AM
To: RPPTL Landlord Tenant Committee
Subject: Re: [RPPTL LandTen] I need clarification on 83.60
My understanding is that you are not allowed to collect attorney's fees on you
Motion for Attorney's Fees. In other words, you cannot get fees on fees.
Sebastian Jaramillo, Esq.
66 W. Flagler St Suite 500 Miami, FL 33130
Tel: (305) 600-3805 Fax: (786) 347-5562
www.lawjb.com http://www.lawjb.com/
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On Thu, Jul 30, 2015 at 7:28 AM, Gioia DeCarlo gdc@dvllclegal.com wrote:
The plaintiff’s case was dismissed. The judgment goes against the plaintiff
(fair result, the plaintiff is the party that caused the unnecceary legal fees
for your client).
Now, it may be the attorney filed with the wrong plaintiff in error or on the
attorney’s advice, the case was brought by the wrong party and if so, maybe
the attorney will step up and do the right thing and pay, but that’s between
the plaintiff’s attorney and the plaintiff. The lawyer has no direct
liability to your client of which I am aware.
Unless you get an agreement and the money right way, file your Motion to
Determine Enititlement and To Tax Fees & Costs because you only have 30 days
and the filing of it will likely make the other side realize they have to pay
(you did prevail)— include your time for any research and drafting the motion
and ask for the time that will be spent at hearing the motion. I doubt the
fees will be so much that they will insist on a fee hearing to determine a
reasonable fee amount (I am confident you will win on entitlement). I have
never had to go that far — the times my client was entitled, the other side
paid. But if you do go to a fee hearing, my understanding is that the
plaintiff will then have to pay your time to prepare & attend the fee hearing
and for your expert’s review of file and attendance at the fee hearing, all
which make the fee hearing impractical for the plaintiff — even attending the
hearing on your motion to detemine and tax is crazy for them to go. They will
pay.
Gioia
Gdc@dvllclegal.com
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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: Wednesday, July 29, 2015 at 10:37 PM
To: RPPTL Landlord Tenant Committee landten@lists.flabarrpptl.org
Subject: Re: [RPPTL LandTen] I need clarification on 83.60
I actually had a question a bout that. Who do I ask for fees if the plaintiff
is the wrong party, the attorney as sanctions?
I may be able to call the attorney and work out fees but I still filed a
motion for costs and attorney fees.
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 28, 2015 2:51 PM
To: RPPTL Landlord Tenant Committee
Subject: Re: [RPPTL LandTen] I need clarification on 83.60
Hi Leonard
I hope you asked for legal fees!
If not, you have 30 days to file your motion for entitlement (under 83.48) and
to tax fees and costs under Fl R. Civ. Pro. 1.525.
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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: Tuesday, July 28, 2015 at 1:58 PM
To: RPPTL Landlord Tenant Committee landten@lists.flabarrpptl.org
Subject: Re: [RPPTL LandTen] I need clarification on 83.60
The problem with tenant defense is when the client brings in the complaint and
the time the law requires a response. That doesn’t leave much time for
research that I can do but not it that timeframe. So I must rely on the great
lawyers on this list who have this information at their finger tips. Thanks
again. YOU MADE MY DAY.
If Harry reads this, you should be able to figure out why this should also
make your day.
Leonard P. Cabral, Esq.
Leonardcabral@lenslaw.com
Please disregard inadvertent misspellings
From:landten-bounces@lists.flabarrpptl.org
[mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of Gioia DeCarlo
Sent: Tuesday, July 28, 2015 11:05 AM
To: RPPTL Landlord Tenant Committee
Subject: Re: [RPPTL LandTen] I need clarification on 83.60
Glad to hear it! And glad to be able help!
Gioia
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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: Tuesday, July 28, 2015 at 10:56 AM
To: RPPTL Landlord Tenant Committee landten@lists.flabarrpptl.org
Subject: Re: [RPPTL LandTen] I need clarification on 83.60
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 J.
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
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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
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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
Leonardcabral@lenslaw.com
(407)330-4998 tel:%28407%29330-4998
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From: <landten-bounces@lists.flabarrpptl.org> on behalf of Lainie Simon
<ljsimon1@comcast.net>
Reply-To: RPPTL Landlord Tenant Committee <landten@lists.flabarrpptl.org>
Date: Thursday, July 30, 2015 at 2:14 PM
To: RPPTL Landlord Tenant Committee <landten@lists.flabarrpptl.org>
Subject: Re: [RPPTL LandTen] I need clarification on 83.60
Nowadays always get fees for fees. Amount, expert, entitlement. Fees for
fees is now a go. For several years, actually, at least 2.
Lainie J. Simon, Esq.
185 NW Spanish River Boulevard
Suite 220
Boca Raton, FL 33431
561.445.1361
561.997.6224(fax)
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On Jul 30, 2015, at 2:06 PM, Gioia DeCarlo <gdc@dvllclegal.com> wrote:
Todd & Lainie
Do you typically get fees for determining amt and the expert fees, or just
for entitlement?
<8CB06059-7794-44D1-BE98-12633C0070FE[64].png>
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From: <landten-bounces@lists.flabarrpptl.org> on behalf of Todd Allen
<todd@lindsayallenlaw.com>
Reply-To: RPPTL Landlord Tenant Committee <landten@lists.flabarrpptl.org>
Date: Thursday, July 30, 2015 at 1:41 PM
To: RPPTL Landlord Tenant Committee <landten@lists.flabarrpptl.org>
Subject: Re: [RPPTL LandTen] I need clarification on 83.60
This has been my experience in Naples.
Todd B. Allen, Esq. | Attorney
Todd@LindsayAllenLaw.com
13180 Livingston Rd, Suite 201
Naples, FL 34109
<facebook_icon.jpg> <linkedin_icon.jpg>
[office]
[mobile]
[fax]
239.593.7900
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<LindsayAllen_logo.jpg>
> On Jul 30, 2015, at 1:08 PM, Lainie Simon <ljsimon1@comcast.net> wrote:
>
> In PB they now routinely grant fees for fees in every contract case, unless
> the fee clause is limiting or limited in any way. Typical clause, fees to
> prevailing party, you now get fees for fees.
>
> Lainie J. Simon, Esq.
> 185 NW Spanish River Boulevard
> Suite 220
> Boca Raton, FL 33431
> 561.445.1361
> 561.997.6224(fax)
>
> PRIVILEGE AND CONFIDENTIALITY NOTICE: This e-mail is covered by the Electronic
> Communications Privacy Act, 18 U.S.C. 2510-2521 and is legally privileged. The
> contents of this e-mail message and any attachments are intended solely for
> the party or parties addressed and named in this message. This communication
> and all attachments, if any, are intended to be and to remain confidential,
> and it may be subject to the applicable attorney - client and or work product
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>
>
>
> On Jul 30, 2015, at 12:14 PM, Gioia DeCarlo <gdc@dvllclegal.com> wrote:
>
>
> I read Waverly to support getting fees for having to fight for, and collect,
> fees. Of course, I have never gone so far to do a fee hearing. I checked
> this morning with a friend of mine in Palm Beach County who has done many fee
> hearings. He cites Waverly all the time to get his fees for working for his
> fees, in a foreclosure and 57.105 context ,and he prevails. He doesn’t know
> why a judge would rule otherwise.
>
>
> <8CB06059-7794-44D1-BE98-12633C0070FE[51].png>
>
> This e-mail transmission and any documents, files or previous e-mail messages
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>
> From: <landten-bounces@lists.flabarrpptl.org> on behalf of lesstevens
> <lesstevens@earthlink.net>
> Organization: Les H. Stevens, P.A.
> Reply-To: <lesstevens@earthlink.net>, RPPTL Landlord Tenant Committee
> <landten@lists.flabarrpptl.org>
> Date: Thursday, July 30, 2015 at 8:34 AM
> To: 'RPPTL Landlord Tenant Committee' <landten@lists.flabarrpptl.org>
> Subject: Re: [RPPTL LandTen] I need clarification on 83.60
>
> Unless there is a provision in the Lease which states that it includes
> fees/costs relating to the determination of said fees/costs….had a judge bring
> that to my attention once, and now I include it in every document where
> attorneys’ fees could be recovered.
>
>
> Les H. Stevens, Esquire
> Les H. Stevens, P.A.
> 5301 North Federal Highway
> Suite 130
> Boca Raton, Florida 33487
> Tel. - (561) 989-9797
> Fax - (561) 989-8484
> E-Mail - lesstevens@earthlink.net
>
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> From: landten-bounces@lists.flabarrpptl.org
> [mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of Sebastian
> Jaramillo
> Sent: Thursday, July 30, 2015 8:24 AM
> To: RPPTL Landlord Tenant Committee
> Subject: Re: [RPPTL LandTen] I need clarification on 83.60
>
> My understanding is that you are not allowed to collect attorney's fees on you
> Motion for Attorney's Fees. In other words, you cannot get fees on fees.
>
>
> Sebastian Jaramillo, Esq.
> 66 W. Flagler St Suite 500 Miami, FL 33130
> Tel: (305) 600-3805 Fax: (786) 347-5562
> www.lawjb.com <http://www.lawjb.com/>
> This email and any files transmitted with it are confidential and intended
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> IMPORTANT TAX NOTICE: This communication is not written to be used, and cannot
> be used, by a taxpayer for the purpose of avoiding penalties that may be
> asserted against the taxpayer under the Internal Revenue Code of 1986, as
> amended.
>
> On Thu, Jul 30, 2015 at 7:28 AM, Gioia DeCarlo <gdc@dvllclegal.com> wrote:
> The plaintiff’s case was dismissed. The judgment goes against the plaintiff
> (fair result, the plaintiff is the party that caused the unnecceary legal fees
> for your client).
>
> Now, it may be the attorney filed with the wrong plaintiff in error or on the
> attorney’s advice, the case was brought by the wrong party and if so, maybe
> the attorney will step up and do the right thing and pay, but that’s between
> the plaintiff’s attorney and the plaintiff. The lawyer has no direct
> liability to your client of which I am aware.
>
> Unless you get an agreement and the money right way, file your Motion to
> Determine Enititlement and To Tax Fees & Costs because you only have 30 days
> and the filing of it will likely make the other side realize they have to pay
> (you did prevail)— include your time for any research and drafting the motion
> and ask for the time that will be spent at hearing the motion. I doubt the
> fees will be so much that they will insist on a fee hearing to determine a
> reasonable fee amount (I am confident you will win on entitlement). I have
> never had to go that far — the times my client was entitled, the other side
> paid. But if you do go to a fee hearing, my understanding is that the
> plaintiff will then have to pay your time to prepare & attend the fee hearing
> and for your expert’s review of file and attendance at the fee hearing, all
> which make the fee hearing impractical for the plaintiff — even attending the
> hearing on your motion to detemine and tax is crazy for them to go. They will
> pay.
>
> Gioia
> Gdc@dvllclegal.com
>
>
> <image001.png>
>
> 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
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> hereby notified that any review, disclosure, copying, dissemination,
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> transmission in error, please immediately notify me by forwarding this e-mail
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> attachments from your computer.
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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: Wednesday, July 29, 2015 at 10:37 PM
> To: RPPTL Landlord Tenant Committee <landten@lists.flabarrpptl.org>
> Subject: Re: [RPPTL LandTen] I need clarification on 83.60
>
> I actually had a question a bout that. Who do I ask for fees if the plaintiff
> is the wrong party, the attorney as sanctions?
> I may be able to call the attorney and work out fees but I still filed a
> motion for costs and attorney fees.
> 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 28, 2015 2:51 PM
> To: RPPTL Landlord Tenant Committee
> Subject: Re: [RPPTL LandTen] I need clarification on 83.60
>
> Hi Leonard
>
> I hope you asked for legal fees!
>
> If not, you have 30 days to file your motion for entitlement (under 83.48) and
> to tax fees and costs under Fl R. Civ. Pro. 1.525.
>
>
> <image001.png>
>
> 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
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> transmission in error, please immediately notify me by forwarding this e-mail
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> 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 28, 2015 at 1:58 PM
> To: RPPTL Landlord Tenant Committee <landten@lists.flabarrpptl.org>
> Subject: Re: [RPPTL LandTen] I need clarification on 83.60
>
> The problem with tenant defense is when the client brings in the complaint and
> the time the law requires a response. That doesn’t leave much time for
> research that I can do but not it that timeframe. So I must rely on the great
> lawyers on this list who have this information at their finger tips. Thanks
> again. YOU MADE MY DAY.
> If Harry reads this, you should be able to figure out why this should also
> make your day.
>
> Leonard P. Cabral, Esq.
> Leonardcabral@lenslaw.com
> Please disregard inadvertent misspellings
>
>
>
> From:landten-bounces@lists.flabarrpptl.org
> [mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of Gioia DeCarlo
> Sent: Tuesday, July 28, 2015 11:05 AM
> To: RPPTL Landlord Tenant Committee
> Subject: Re: [RPPTL LandTen] I need clarification on 83.60
>
> Glad to hear it! And glad to be able help!
>
> Gioia
>
> <image001.png>
>
> 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
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> hereby notified that any review, disclosure, copying, dissemination,
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> this e-mail transmission is STRICTLY PROHIBITED. If you have received this
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> 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 28, 2015 at 10:56 AM
> To: RPPTL Landlord Tenant Committee <landten@lists.flabarrpptl.org>
> Subject: Re: [RPPTL LandTen] I need clarification on 83.60
>
> 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 J.
>
> 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
>
>
> <image001.png>
>
> 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
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> transmission in error, please immediately notify me by forwarding this e-mail
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> 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
>
>
> <image001.png>
>
> This e-mail transmission and any documents, files or previous e-mail messages
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> hereby notified that any review, disclosure, copying, dissemination,
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> transmission in error, please immediately notify me by forwarding this e-mail
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> 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>
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Gioia DeCarlo
Thu, Jul 30, 2015 6:33 PM
Thank you Lainie and Todd
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From: landten-bounces@lists.flabarrpptl.org on behalf of Todd Allen
todd@lindsayallenlaw.com
Reply-To: RPPTL Landlord Tenant Committee landten@lists.flabarrpptl.org
Date: Thursday, July 30, 2015 at 2:19 PM
To: RPPTL Landlord Tenant Committee landten@lists.flabarrpptl.org
Subject: Re: [RPPTL LandTen] I need clarification on 83.60
I’ve been able to get fees for determining the amount and the expert fees.
I rarely have to argue entitlement.
Todd B. Allen, Esq. | Attorney
Todd@LindsayAllenLaw.com
13180 Livingston Rd, Suite 201
Naples, FL 34109
[office]
[mobile]
[fax]
239.593.7900
239.300.3506
239.593.7909
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On Jul 30, 2015, at 2:06 PM, Gioia DeCarlo gdc@dvllclegal.com wrote:
Todd & Lainie
Do you typically get fees for determining amt and the expert fees, or just for
entitlement?
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From: landten-bounces@lists.flabarrpptl.org on behalf of Todd Allen
todd@lindsayallenlaw.com
Reply-To: RPPTL Landlord Tenant Committee landten@lists.flabarrpptl.org
Date: Thursday, July 30, 2015 at 1:41 PM
To: RPPTL Landlord Tenant Committee landten@lists.flabarrpptl.org
Subject: Re: [RPPTL LandTen] I need clarification on 83.60
This has been my experience in Naples.
Todd B. Allen, Esq. | Attorney
Todd@LindsayAllenLaw.com
13180 Livingston Rd, Suite 201
Naples, FL 34109
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[mobile]
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On Jul 30, 2015, at 1:08 PM, Lainie Simon ljsimon1@comcast.net wrote:
In PB they now routinely grant fees for fees in every contract case, unless
the fee clause is limiting or limited in any way. Typical clause, fees to
prevailing party, you now get fees for fees.
Lainie J. Simon, Esq.
185 NW Spanish River Boulevard
Suite 220
Boca Raton, FL 33431
561.445.1361
561.997.6224(fax)
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On Jul 30, 2015, at 12:14 PM, Gioia DeCarlo gdc@dvllclegal.com wrote:
I read Waverly to support getting fees for having to fight for, and collect,
fees. Of course, I have never gone so far to do a fee hearing. I checked
this morning with a friend of mine in Palm Beach County who has done many fee
hearings. He cites Waverly all the time to get his fees for working for his
fees, in a foreclosure and 57.105 context ,and he prevails. He doesn’t know
why a judge would rule otherwise.
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From: landten-bounces@lists.flabarrpptl.org on behalf of lesstevens
lesstevens@earthlink.net
Organization: Les H. Stevens, P.A.
Reply-To: lesstevens@earthlink.net, RPPTL Landlord Tenant Committee
landten@lists.flabarrpptl.org
Date: Thursday, July 30, 2015 at 8:34 AM
To: 'RPPTL Landlord Tenant Committee' landten@lists.flabarrpptl.org
Subject: Re: [RPPTL LandTen] I need clarification on 83.60
Unless there is a provision in the Lease which states that it includes
fees/costs relating to the determination of said fees/costs….had a judge
bring that to my attention once, and now I include it in every document where
attorneys’ fees could be recovered.
Les H. Stevens, Esquire
Les H. Stevens, P.A.
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From: landten-bounces@lists.flabarrpptl.org
[mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of Sebastian
Jaramillo
Sent: Thursday, July 30, 2015 8:24 AM
To: RPPTL Landlord Tenant Committee
Subject: Re: [RPPTL LandTen] I need clarification on 83.60
My understanding is that you are not allowed to collect attorney's fees on
you Motion for Attorney's Fees. In other words, you cannot get fees on fees.
Sebastian Jaramillo, Esq.
66 W. Flagler St Suite 500 Miami, FL 33130
Tel: (305) 600-3805 Fax: (786) 347-5562
www.lawjb.com http://www.lawjb.com/
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On Thu, Jul 30, 2015 at 7:28 AM, Gioia DeCarlo gdc@dvllclegal.com wrote:
The plaintiff’s case was dismissed. The judgment goes against the plaintiff
(fair result, the plaintiff is the party that caused the unnecceary legal
fees for your client).
Now, it may be the attorney filed with the wrong plaintiff in error or on the
attorney’s advice, the case was brought by the wrong party and if so, maybe
the attorney will step up and do the right thing and pay, but that’s between
the plaintiff’s attorney and the plaintiff. The lawyer has no direct
liability to your client of which I am aware.
Unless you get an agreement and the money right way, file your Motion to
Determine Enititlement and To Tax Fees & Costs because you only have 30 days
and the filing of it will likely make the other side realize they have to pay
(you did prevail)— include your time for any research and drafting the
motion and ask for the time that will be spent at hearing the motion. I
doubt the fees will be so much that they will insist on a fee hearing to
determine a reasonable fee amount (I am confident you will win on
entitlement). I have never had to go that far — the times my client was
entitled, the other side paid. But if you do go to a fee hearing, my
understanding is that the plaintiff will then have to pay your time to
prepare & attend the fee hearing and for your expert’s review of file and
attendance at the fee hearing, all which make the fee hearing impractical for
the plaintiff — even attending the hearing on your motion to detemine and tax
is crazy for them to go. They will pay.
Gioia
Gdc@dvllclegal.com
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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: Wednesday, July 29, 2015 at 10:37 PM
To: RPPTL Landlord Tenant Committee landten@lists.flabarrpptl.org
Subject: Re: [RPPTL LandTen] I need clarification on 83.60
I actually had a question a bout that. Who do I ask for fees if the
plaintiff is the wrong party, the attorney as sanctions?
I may be able to call the attorney and work out fees but I still filed a
motion for costs and attorney fees.
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 28, 2015 2:51 PM
To: RPPTL Landlord Tenant Committee
Subject: Re: [RPPTL LandTen] I need clarification on 83.60
Hi Leonard
I hope you asked for legal fees!
If not, you have 30 days to file your motion for entitlement (under 83.48)
and to tax fees and costs under Fl R. Civ. Pro. 1.525.
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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: Tuesday, July 28, 2015 at 1:58 PM
To: RPPTL Landlord Tenant Committee landten@lists.flabarrpptl.org
Subject: Re: [RPPTL LandTen] I need clarification on 83.60
The problem with tenant defense is when the client brings in the complaint
and the time the law requires a response. That doesn’t leave much time for
research that I can do but not it that timeframe. So I must rely on the great
lawyers on this list who have this information at their finger tips. Thanks
again. YOU MADE MY DAY.
If Harry reads this, you should be able to figure out why this should also
make your day.
Leonard P. Cabral, Esq.
Leonardcabral@lenslaw.com
Please disregard inadvertent misspellings
From:landten-bounces@lists.flabarrpptl.org
[mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of Gioia DeCarlo
Sent: Tuesday, July 28, 2015 11:05 AM
To: RPPTL Landlord Tenant Committee
Subject: Re: [RPPTL LandTen] I need clarification on 83.60
Glad to hear it! And glad to be able help!
Gioia
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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: Tuesday, July 28, 2015 at 10:56 AM
To: RPPTL Landlord Tenant Committee landten@lists.flabarrpptl.org
Subject: Re: [RPPTL LandTen] I need clarification on 83.60
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 J.
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
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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
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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
Leonardcabral@lenslaw.com
(407)330-4998 tel:%28407%29330-4998
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Thank you Lainie and Todd
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 Todd Allen
<todd@lindsayallenlaw.com>
Reply-To: RPPTL Landlord Tenant Committee <landten@lists.flabarrpptl.org>
Date: Thursday, July 30, 2015 at 2:19 PM
To: RPPTL Landlord Tenant Committee <landten@lists.flabarrpptl.org>
Subject: Re: [RPPTL LandTen] I need clarification on 83.60
I’ve been able to get fees for determining the amount and the expert fees.
I rarely have to argue entitlement.
Todd B. Allen, Esq. | Attorney
Todd@LindsayAllenLaw.com
13180 Livingston Rd, Suite 201
Naples, FL 34109
[office]
[mobile]
[fax]
239.593.7900
239.300.3506
239.593.7909
www.LindsayAllenLaw.com <http://www.LindsayAllenLaw.com>
> On Jul 30, 2015, at 2:06 PM, Gioia DeCarlo <gdc@dvllclegal.com> wrote:
>
>
> Todd & Lainie
>
> Do you typically get fees for determining amt and the expert fees, or just for
> entitlement?
>
>
>
> <8CB06059-7794-44D1-BE98-12633C0070FE[64].png>
>
> 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
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>
>
> From: <landten-bounces@lists.flabarrpptl.org> on behalf of Todd Allen
> <todd@lindsayallenlaw.com>
> Reply-To: RPPTL Landlord Tenant Committee <landten@lists.flabarrpptl.org>
> Date: Thursday, July 30, 2015 at 1:41 PM
> To: RPPTL Landlord Tenant Committee <landten@lists.flabarrpptl.org>
> Subject: Re: [RPPTL LandTen] I need clarification on 83.60
>
> This has been my experience in Naples.
>
> Todd B. Allen, Esq. | Attorney
> Todd@LindsayAllenLaw.com
>
> 13180 Livingston Rd, Suite 201
> Naples, FL 34109
>
> <facebook_icon.jpg> <linkedin_icon.jpg>
>
> [office]
> [mobile]
> [fax]
>
> 239.593.7900
> 239.300.3506
> 239.593.7909
> www.LindsayAllenLaw.com <http://www.lindsayallenlaw.com/>
> <LindsayAllen_logo.jpg>
>
>> On Jul 30, 2015, at 1:08 PM, Lainie Simon <ljsimon1@comcast.net> wrote:
>>
>> In PB they now routinely grant fees for fees in every contract case, unless
>> the fee clause is limiting or limited in any way. Typical clause, fees to
>> prevailing party, you now get fees for fees.
>>
>> Lainie J. Simon, Esq.
>> 185 NW Spanish River Boulevard
>> Suite 220
>> Boca Raton, FL 33431
>> 561.445.1361
>> 561.997.6224(fax)
>>
>> PRIVILEGE AND CONFIDENTIALITY NOTICE: This e-mail is covered by the
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>>
>> On Jul 30, 2015, at 12:14 PM, Gioia DeCarlo <gdc@dvllclegal.com> wrote:
>>
>>
>> I read Waverly to support getting fees for having to fight for, and collect,
>> fees. Of course, I have never gone so far to do a fee hearing. I checked
>> this morning with a friend of mine in Palm Beach County who has done many fee
>> hearings. He cites Waverly all the time to get his fees for working for his
>> fees, in a foreclosure and 57.105 context ,and he prevails. He doesn’t know
>> why a judge would rule otherwise.
>>
>>
>> <8CB06059-7794-44D1-BE98-12633C0070FE[51].png>
>>
>> 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
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>>
>>
>> From: <landten-bounces@lists.flabarrpptl.org> on behalf of lesstevens
>> <lesstevens@earthlink.net>
>> Organization: Les H. Stevens, P.A.
>> Reply-To: <lesstevens@earthlink.net>, RPPTL Landlord Tenant Committee
>> <landten@lists.flabarrpptl.org>
>> Date: Thursday, July 30, 2015 at 8:34 AM
>> To: 'RPPTL Landlord Tenant Committee' <landten@lists.flabarrpptl.org>
>> Subject: Re: [RPPTL LandTen] I need clarification on 83.60
>>
>> Unless there is a provision in the Lease which states that it includes
>> fees/costs relating to the determination of said fees/costs….had a judge
>> bring that to my attention once, and now I include it in every document where
>> attorneys’ fees could be recovered.
>>
>>
>> Les H. Stevens, Esquire
>> Les H. Stevens, P.A.
>> 5301 North Federal Highway
>> Suite 130
>> Boca Raton, Florida 33487
>> Tel. - (561) 989-9797
>> Fax - (561) 989-8484
>> E-Mail - lesstevens@earthlink.net
>>
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>> From: landten-bounces@lists.flabarrpptl.org
>> [mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of Sebastian
>> Jaramillo
>> Sent: Thursday, July 30, 2015 8:24 AM
>> To: RPPTL Landlord Tenant Committee
>> Subject: Re: [RPPTL LandTen] I need clarification on 83.60
>>
>> My understanding is that you are not allowed to collect attorney's fees on
>> you Motion for Attorney's Fees. In other words, you cannot get fees on fees.
>>
>>
>> Sebastian Jaramillo, Esq.
>> 66 W. Flagler St Suite 500 Miami, FL 33130
>> Tel: (305) 600-3805 Fax: (786) 347-5562
>> www.lawjb.com <http://www.lawjb.com/>
>> This email and any files transmitted with it are confidential and intended
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>> IMPORTANT TAX NOTICE: This communication is not written to be used, and
>> cannot be used, by a taxpayer for the purpose of avoiding penalties that may
>> be asserted against the taxpayer under the Internal Revenue Code of 1986, as
>> amended.
>>
>> On Thu, Jul 30, 2015 at 7:28 AM, Gioia DeCarlo <gdc@dvllclegal.com> wrote:
>> The plaintiff’s case was dismissed. The judgment goes against the plaintiff
>> (fair result, the plaintiff is the party that caused the unnecceary legal
>> fees for your client).
>>
>> Now, it may be the attorney filed with the wrong plaintiff in error or on the
>> attorney’s advice, the case was brought by the wrong party and if so, maybe
>> the attorney will step up and do the right thing and pay, but that’s between
>> the plaintiff’s attorney and the plaintiff. The lawyer has no direct
>> liability to your client of which I am aware.
>>
>> Unless you get an agreement and the money right way, file your Motion to
>> Determine Enititlement and To Tax Fees & Costs because you only have 30 days
>> and the filing of it will likely make the other side realize they have to pay
>> (you did prevail)— include your time for any research and drafting the
>> motion and ask for the time that will be spent at hearing the motion. I
>> doubt the fees will be so much that they will insist on a fee hearing to
>> determine a reasonable fee amount (I am confident you will win on
>> entitlement). I have never had to go that far — the times my client was
>> entitled, the other side paid. But if you do go to a fee hearing, my
>> understanding is that the plaintiff will then have to pay your time to
>> prepare & attend the fee hearing and for your expert’s review of file and
>> attendance at the fee hearing, all which make the fee hearing impractical for
>> the plaintiff — even attending the hearing on your motion to detemine and tax
>> is crazy for them to go. They will pay.
>>
>> Gioia
>> Gdc@dvllclegal.com
>>
>>
>> <image001.png>
>>
>> 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,
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>> 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: Wednesday, July 29, 2015 at 10:37 PM
>> To: RPPTL Landlord Tenant Committee <landten@lists.flabarrpptl.org>
>> Subject: Re: [RPPTL LandTen] I need clarification on 83.60
>>
>> I actually had a question a bout that. Who do I ask for fees if the
>> plaintiff is the wrong party, the attorney as sanctions?
>> I may be able to call the attorney and work out fees but I still filed a
>> motion for costs and attorney fees.
>> 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 28, 2015 2:51 PM
>> To: RPPTL Landlord Tenant Committee
>> Subject: Re: [RPPTL LandTen] I need clarification on 83.60
>>
>> Hi Leonard
>>
>> I hope you asked for legal fees!
>>
>> If not, you have 30 days to file your motion for entitlement (under 83.48)
>> and to tax fees and costs under Fl R. Civ. Pro. 1.525.
>>
>>
>> <image001.png>
>>
>> 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: Tuesday, July 28, 2015 at 1:58 PM
>> To: RPPTL Landlord Tenant Committee <landten@lists.flabarrpptl.org>
>> Subject: Re: [RPPTL LandTen] I need clarification on 83.60
>>
>> The problem with tenant defense is when the client brings in the complaint
>> and the time the law requires a response. That doesn’t leave much time for
>> research that I can do but not it that timeframe. So I must rely on the great
>> lawyers on this list who have this information at their finger tips. Thanks
>> again. YOU MADE MY DAY.
>> If Harry reads this, you should be able to figure out why this should also
>> make your day.
>>
>> Leonard P. Cabral, Esq.
>> Leonardcabral@lenslaw.com
>> Please disregard inadvertent misspellings
>>
>>
>>
>> From:landten-bounces@lists.flabarrpptl.org
>> [mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of Gioia DeCarlo
>> Sent: Tuesday, July 28, 2015 11:05 AM
>> To: RPPTL Landlord Tenant Committee
>> Subject: Re: [RPPTL LandTen] I need clarification on 83.60
>>
>> Glad to hear it! And glad to be able help!
>>
>> Gioia
>>
>> <image001.png>
>>
>> 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
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>> 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: Tuesday, July 28, 2015 at 10:56 AM
>> To: RPPTL Landlord Tenant Committee <landten@lists.flabarrpptl.org>
>> Subject: Re: [RPPTL LandTen] I need clarification on 83.60
>>
>> 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 J.
>>
>> 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
>>
>>
>> <image001.png>
>>
>> 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
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>> 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
>>
>>
>> <image001.png>
>>
>> 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
>> Leonardcabral@lenslaw.com
>> (407)330-4998 <tel:%28407%29330-4998>
>>
>> The information herein is legally privileged For Official Use Only and
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>> to sender immediately with the statement "RECEIVED IN ERROR"and destroy the
>> original message.
>>
>>
>>
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Gioia DeCarlo
Mon, Aug 3, 2015 2:16 PM
Committee members,
I had a father call me whose daughter was to start at UF later this month.
He and his wife found her private housing and entered into a lease for the
school year whereby the daughter would be in a unit to share with another
student. In June, the daughter became ill, was hospitalized, and now
cannot attend school (at all this year and I don¹t know for how long) and
will remain home. The father notified the property mangager, Campus Lodge
Apartments in Gainesville, by phone and email in June (as soon as they
learned the daughter¹s prognosis) that the daughter will not be needing the
housing and asked to cancel the lease. The lease does not provide for an
early termination fee.
The property manager stated that it still has other students waiting for
housing and sent an email that it was in the process of cancelling. Now the
property manager has emailed that it wants a $200 ³reassignment² fee and one
month¹s rent as a termintion fee. The rent is reasonable ($550 or
$600/mo.). I told him that rathter than have me write, research, and
perhaps negotiate, he might as well pay the $800 because he could end up
paying that or more in legal fees. However, I thought I would put this out
there in case anyone has experience with this type of housing and has any
advise or is willing to speak with this man about taking on his case.
Understandably, the father is upset because with all that¹s going on with
the daughter who apparently is quite unwell and feels that the landlord
should just cancel, which he thought it was doing from the 1st email. I
have not read the lease, but the father said he read it and he reads that
there is no way he can just cancel.
Thank you
Gioia DeCarlo
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.
Committee members,
I had a father call me whose daughter was to start at UF later this month.
He and his wife found her private housing and entered into a lease for the
school year whereby the daughter would be in a unit to share with another
student. In June, the daughter became ill, was hospitalized, and now
cannot attend school (at all this year and I don¹t know for how long) and
will remain home. The father notified the property mangager, Campus Lodge
Apartments in Gainesville, by phone and email in June (as soon as they
learned the daughter¹s prognosis) that the daughter will not be needing the
housing and asked to cancel the lease. The lease does not provide for an
early termination fee.
The property manager stated that it still has other students waiting for
housing and sent an email that it was in the process of cancelling. Now the
property manager has emailed that it wants a $200 ³reassignment² fee and one
month¹s rent as a termintion fee. The rent is reasonable ($550 or
$600/mo.). I told him that rathter than have me write, research, and
perhaps negotiate, he might as well pay the $800 because he could end up
paying that or more in legal fees. However, I thought I would put this out
there in case anyone has experience with this type of housing and has any
advise or is willing to speak with this man about taking on his case.
Understandably, the father is upset because with all that¹s going on with
the daughter who apparently is quite unwell and feels that the landlord
should just cancel, which he thought it was doing from the 1st email. I
have not read the lease, but the father said he read it and he reads that
there is no way he can just cancel.
Thank you
Gioia DeCarlo
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.
TM
Tequisha Myles
Mon, Aug 3, 2015 4:51 PM
The father should ask for a reasonable accommodation under the Fair Housing Act. In the letter, ask that the landlord waive the fees as the accommodation. The father will need to get a letter from the daughter's doctor stating that due to her severe medical condition she needs to remain home to receive care for her illness.
Tequisha Y. Myles, Esq.
Fair Housing and Elder Law Projects
Legal Aid Society of Palm Beach County, Inc.
423 Fern Street, Suite 200
West Palm Beach, FL 33401
(561) 655-8944 ext. 296
(561) 655-5269 Fax
tmyles@legalaidpbc.orgmailto:tmyles@legalaidpbc.org
From: landten-bounces@lists.flabarrpptl.org [mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of Gioia DeCarlo
Sent: Monday, August 03, 2015 10:16 AM
To: RPPTL Landlord Tenant Committee
Subject: Re: [RPPTL LandTen] I need clarification on 83.60
Committee members,
I had a father call me whose daughter was to start at UF later this month. He and his wife found her private housing and entered into a lease for the school year whereby the daughter would be in a unit to share with another student. In June, the daughter became ill, was hospitalized, and now cannot attend school (at all this year and I don't know for how long) and will remain home. The father notified the property mangager, Campus Lodge Apartments in Gainesville, by phone and email in June (as soon as they learned the daughter's prognosis) that the daughter will not be needing the housing and asked to cancel the lease. The lease does not provide for an early termination fee.
The property manager stated that it still has other students waiting for housing and sent an email that it was in the process of cancelling. Now the property manager has emailed that it wants a $200 "reassignment" fee and one month's rent as a termintion fee. The rent is reasonable ($550 or $600/mo.). I told him that rathter than have me write, research, and perhaps negotiate, he might as well pay the $800 because he could end up paying that or more in legal fees. However, I thought I would put this out there in case anyone has experience with this type of housing and has any advise or is willing to speak with this man about taking on his case.
Understandably, the father is upset because with all that's going on with the daughter - who apparently is quite unwell- and feels that the landlord should just cancel, which he thought it was doing from the 1st email. I have not read the lease, but the father said he read it and he reads that there is no way he can just cancel.
Thank you
Gioia DeCarlo
[cid:image001.png@01D0CDEB.10B32950]
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.
The father should ask for a reasonable accommodation under the Fair Housing Act. In the letter, ask that the landlord waive the fees as the accommodation. The father will need to get a letter from the daughter's doctor stating that due to her severe medical condition she needs to remain home to receive care for her illness.
Tequisha Y. Myles, Esq.
Fair Housing and Elder Law Projects
Legal Aid Society of Palm Beach County, Inc.
423 Fern Street, Suite 200
West Palm Beach, FL 33401
(561) 655-8944 ext. 296
(561) 655-5269 Fax
tmyles@legalaidpbc.org<mailto:tmyles@legalaidpbc.org>
From: landten-bounces@lists.flabarrpptl.org [mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of Gioia DeCarlo
Sent: Monday, August 03, 2015 10:16 AM
To: RPPTL Landlord Tenant Committee
Subject: Re: [RPPTL LandTen] I need clarification on 83.60
Committee members,
I had a father call me whose daughter was to start at UF later this month. He and his wife found her private housing and entered into a lease for the school year whereby the daughter would be in a unit to share with another student. In June, the daughter became ill, was hospitalized, and now cannot attend school (at all this year and I don't know for how long) and will remain home. The father notified the property mangager, Campus Lodge Apartments in Gainesville, by phone and email in June (as soon as they learned the daughter's prognosis) that the daughter will not be needing the housing and asked to cancel the lease. The lease does not provide for an early termination fee.
The property manager stated that it still has other students waiting for housing and sent an email that it was in the process of cancelling. Now the property manager has emailed that it wants a $200 "reassignment" fee and one month's rent as a termintion fee. The rent is reasonable ($550 or $600/mo.). I told him that rathter than have me write, research, and perhaps negotiate, he might as well pay the $800 because he could end up paying that or more in legal fees. However, I thought I would put this out there in case anyone has experience with this type of housing and has any advise or is willing to speak with this man about taking on his case.
Understandably, the father is upset because with all that's going on with the daughter - who apparently is quite unwell- and feels that the landlord should just cancel, which he thought it was doing from the 1st email. I have not read the lease, but the father said he read it and he reads that there is no way he can just cancel.
Thank you
Gioia DeCarlo
[cid:image001.png@01D0CDEB.10B32950]
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.
