Re: [RPPTL LandTen] Supreme Court
One of our Judges in PBC is sending out an Order threatening to dismiss eviction cases if the Landlord does not file a status report, yet the Judge refuses to set any hearings no matter what type of case, but he's going to start dismissing cases sua sponte.
Cary
Cary P. Sabol, Esq. J.D. (2001), LLM (2009)
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-------- Original Message --------
Subject: Re: [RPPTL LandTen] Supreme Court
From: Deborah Marks <deborahmarkslaw@gmail.com>
Date: Fri, July 03, 2020 9:52 am
To: RPPTL Landlord Tenant Committee <landten@lists.flabarrpptl.org>I had a judge just sua sponte cancel a motion calendar hearing I set on a motion for judgment on the pleadings in a hold over (not non payment) eviction case friday with a note that “all eviction cases require pre approval of the court to set any hearing.”
Absurd.
I am going to upload a proposed Order granting it with a cover letter requesting an immediate hearing (these are statutorily cases that are required to be advanced on calendars) if not being granted and if that does not happen may well file a mandamus action. My client is over it, as am I.
In this case, by the way, the woman (who also has not paid since March) objected to the hearing date because she was working and wanted it between 12 and 1 or after 5...
Deborah Marks
Deborah Marks, PLLC
18495 South Dixie Highway
Suite 134
Miami, FL 33157
On Thu, Jul 2, 2020 at 4:29 PM Cary P. Sabol, Esq. <csabol@sabollaw.com> wrote:
Maybe somebody could notify the Judges that the Moratorium is limited in scope because I can't get any of the Judges to even set a hearing or sign an FJ no matter what type of case. Even commercial cases that were filed pre-Covid are frozen here in PBC. If it says "Eviction" they won't touch it.
Cary
Cary P. Sabol, Esq. J.D. (2001), LLM (2009)
Law Offices of Cary P. Sabol
P.O. Box 15981 | West Palm Beach | Florida | 33416
Office: (561) 413-4449
Cell: (561) 281-2744
Fax: (888) 316-2881
BEWARE OF CYBER-CRIME: IF YOU RECEIVE AN E-MAIL OR ANY OTHER COMMUNICATION THAT APPEARS TO BE GENERATED FROM OUR OFFICE THAT CONTAINS NEW, REVISED, OR ALTERED BANK WIRE INSTRUCTIONS, CONSIDER IT SUSPECT AND CALL OUR OFFICE AT A NUMBER YOU TRUST. OUR BANK WIRE INSTRUCTIONS SELDOM CHANGE.
**** PLEASE NOTE: On Closings with a Loan, we require "CLOSING INSTRUCTIONS and LOAN PACKAGES" by NOON the day BEFORE Closing"
CASH TO CLOSE for real estate transactions must be WIRED to our account prior to closing. (SAME DAY WIRE - NO ACH TRANSFERS) Wire instructions will be provided upon request. ACH transfers are NOT SAME DAY wires and cannot be accepted.**
THIS COMMUNICATION MAY BE AN ATTEMPT TO COLLECT A DEBT AS DEFINED BY FLORIDA AND FEDERAL LAW AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. THIS IS A COMMUNICATION FROM A DEBT COLLECTOR.
_________________________________________________________________________________________________________________
IRS Circular 230 Notice: Pursuant to recently enacted U.S. Treasury Department Regulations, we are now required to advise you that, unless otherwise expressly indicated, any federal tax advice expressed above was neither written nor intended by the sender or this firm to be used and cannot be used by any taxpayer for the purpose of avoiding penalties that may be imposed under U.S. tax law. If any person uses or refers to any such tax advice in promoting, marketing or recommending a partnership or other entity, investment plan or arrangement to any taxpayer, then the advice should be considered to have been written to support the promotion or marketing by a person other than the sender or this firm of that transaction or matter, and such taxpayer should seek advice based on the taxpayer's particular circumstances from an independent tax advisor.
Confidentiality Notice: This electronic mail transmission is intended for the use of the individual or entity to which it is addressed and may contain confidential information belonging to the sender which is protected by the attorney-client privilege. If you are not the intended recipient, you are hereby notified that any disclosure, copying, distribution, or the taking of any action in reliance on the contents of this information is strictly prohibited. If you have received this transmission in error, please notify the sender immediately by e-mail and delete the original message. Thank you for your cooperation.
-------- Original Message --------
Subject: Re: [RPPTL LandTen] Supreme Court
From: "Harry Heist" <harry@evict.com>
Date: Thu, July 02, 2020 2:21 pm
To: "'RPPTL Landlord Tenant Committee'" <landten@lists.flabarrpptl.org>The Governor’s EO only applies to residential nonpayment of rent evictions. Not nonrenewal or noncompliance cases.
Harry
LAW OFFICES OF
HEIST, WEISSE & WOLK P.A.
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FAX: 1 800 367 9038
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From: landten-bounces@lists.flabarrpptl.org [mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of Brenda Ezell
Sent: Thursday, July 02, 2020 2:16 PM
To: RPPTL Landlord Tenant Committee
Subject: Re: [RPPTL LandTen] Supreme CourtHere is what I know regarding federal law.
Summary: By Executive Order, the moratorium on ALL Florida foreclosures and residential evictions has been extended to August 1, 2020. Additionally, the CARES ACT moratorium on residential foreclosures or foreclosure related evictions of residential loans insured or guaranteed by FHA, VA, USDA or loans that are owned or securitized by Fannie Mae or Freddie Mac has been extended to August 31, 2020.
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From: landten-bounces@lists.flabarrpptl.org [mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of Leonard Cabral
Sent: Thursday, July 02, 2020 2:08 PM
To: RPPTL Landlord Tenant Committee <landten@lists.flabarrpptl.org>
Subject: Re: [RPPTL LandTen] Supreme CourtSo is there a moratorium on Evictions?
Sent by Leonard P Cabral
On Jul 1, 2020, at 12:46 PM, Deborah Marks <deborahmarkslaw@gmail.com> wrote:
That is the governor, not the Court
On Wed, Jul 1, 2020 at 12:42 PM Leonard Cabral <LensLaw@lenslaw.com> wrote:
I read a news article stating it was extended to August
Sent by Leonard P Cabral
On Jul 1, 2020, at 10:21 AM, Deborah Marks <deborahmarkslaw@gmail.com> wrote:
Nothing on the website extending.
On Wed, Jul 1, 2020 at 10:10 AM Harry Heist <harry@evict.com> wrote:
Has anyone heard if the Supreme Court writ hold is over for sure? June 30 was the day.
Harry
LAW OFFICES OF
HEIST, WEISSE & WOLK P.A.
PH: 1 800 253 8428
FAX: 1 800 367 9038
"Serving the Property Management Professional"
Website: www.evict.com Email: harry@evict.com<image001.png>
Visit us on Facebook**
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