[RPPTL LandTen] Service by E-Portal
On a motion for reconsideration the time to do so is 10 days. e-Service is treated as service by mail for the computation of time. So am I correct that the time to file reconsideration is reduced to 5 days? Has anyone faced this before? Is there any way around this?
Leonard P. Cabral, Esq.
Leonardcabral@lenslaw.com
212 N. Park Ave. Ste. 14
Sanford, FL 32771
Please disregard inadvertent misspellings
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I believe you are incorrect unless I am missing something (please tell me I am missing something). I looked it up and it is very confusing (to me anyway). Judicial Rule 2.516 (b)(1)(D) Time of Service. Service by e-mail is complete on the date it is sent. But then look directly below and there it is, 2.516 (b)(1)(D)(iii) E-mail service, including e-service, is treated as service by mail for the computation of time.
Believe me I cannot make this sh** up.
Leonard P. Cabral, Esq.
Leonardcabral@lenslaw.com
Please disregard inadvertent misspellings and the use of abbreviations.
From: landten-bounces@lists.flabarrpptl.org [mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of Anthony J. Horky
Sent: Monday, April 20, 2015 7:17 PM
To: landten@lists.flabarrpptl.org
Subject: Re: [RPPTL LandTen] Service by E-Portal
Service on the opposing party or 10 days to file the motion? I believe that for filing, the day you efile it through the portal is considered filed. Not five days after efiling.
Sent from Anthony Horky's mobile email
From: Leonard Cabral
Sent: Monday, April 20, 2015 5:30 PM
To: RPPTL Landlord Tenant Committee
Reply To: RPPTL Landlord Tenant Committee
Subject: [RPPTL LandTen] Service by E-Portal
On a motion for reconsideration the time to do so is 10 days. e-Service is treated as service by mail for the computation of time. So am I correct that the time to file reconsideration is reduced to 5 days? Has anyone faced this before? Is there any way around this?
Leonard P. Cabral, Esq.
Leonardcabral@lenslaw.commailto:Leonardcabral@lenslaw.com
212 N. Park Ave. Ste. 14
Sanford, FL 32771
Please disregard inadvertent misspellings
Email is definitely treated with the 5 days mailing. The rule history will comfirm that it was a deliberate choice on the part of the drafters.
As far as time requirements go- if the timeframe is from service of something it gets the extra 5 days, if it is from "rendition" it does not. Without knowing what it is you are reconsidering, there is no way to properly answer the question.
Deborah Marks
Deborah Marks, PA
18495 South Dixie Highway
Suite 134
Miami, FL 33157
305-372-9400
Deborah Marks
Deborah Marks, P.A.
18495 South Dixie Highway
Suite 134
Miami, FL 33157
305-372-9400
DeborahMarksLaw@gmail.com
synergy928@aol.com
On Apr 20, 2015, at 8:04 PM, Leonard Cabral LensLaw@Lenslaw.com wrote:
I believe you are incorrect unless I am missing something (please tell me I am missing something). I looked it up and it is very confusing (to me anyway). Judicial Rule 2.516 (b)(1)(D) Time of Service. Service by e-mail is complete on the date it is sent. But then look directly below and there it is, 2.516 (b)(1)(D)(iii) E-mail service, including e-service, is treated as service by mail for the computation of time.
Believe me I cannot make this sh** up.
Leonard P. Cabral, Esq.
Leonardcabral@lenslaw.com
Please disregard inadvertent misspellings and the use of abbreviations.
From: landten-bounces@lists.flabarrpptl.org [mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of Anthony J. Horky
Sent: Monday, April 20, 2015 7:17 PM
To: landten@lists.flabarrpptl.org
Subject: Re: [RPPTL LandTen] Service by E-Portal
Service on the opposing party or 10 days to file the motion? I believe that for filing, the day you efile it through the portal is considered filed. Not five days after efiling.
Sent from Anthony Horky's mobile email
From: Leonard Cabral
Sent: Monday, April 20, 2015 5:30 PM
To: RPPTL Landlord Tenant Committee
Reply To: RPPTL Landlord Tenant Committee
Subject: [RPPTL LandTen] Service by E-Portal
On a motion for reconsideration the time to do so is 10 days. e-Service is treated as service by mail for the computation of time. So am I correct that the time to file reconsideration is reduced to 5 days? Has anyone faced this before? Is there any way around this?
Leonard P. Cabral, Esq.
Leonardcabral@lenslaw.com
212 N. Park Ave. Ste. 14
Sanford, FL 32771
Please disregard inadvertent misspellings
landten mailing list
landten@lists.flabarrpptl.org
http://mailman.fsr.com/mailman/listinfo/landten
One more thing on eservice- the 5 days is added to when you have to file a response. What the other part of the rule is saying is that when you file in the portal it is filed as of that day. The sections you quote relate to two separate things- the time of filing for the filer, and when you have to respond to something that has been filed. They are not i consistent.
Deborah Marks
Deborah Marks, P.A.
18495 South Dixie Highway
Suite 134
Miami, FL 33157
305-372-9400
DeborahMarksLaw@gmail.com
synergy928@aol.com
On Apr 20, 2015, at 8:04 PM, Leonard Cabral LensLaw@Lenslaw.com wrote:
I believe you are incorrect unless I am missing something (please tell me I am missing something). I looked it up and it is very confusing (to me anyway). Judicial Rule 2.516 (b)(1)(D) Time of Service. Service by e-mail is complete on the date it is sent. But then look directly below and there it is, 2.516 (b)(1)(D)(iii) E-mail service, including e-service, is treated as service by mail for the computation of time.
Believe me I cannot make this sh** up.
Leonard P. Cabral, Esq.
Leonardcabral@lenslaw.com
Please disregard inadvertent misspellings and the use of abbreviations.
From: landten-bounces@lists.flabarrpptl.org [mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of Anthony J. Horky
Sent: Monday, April 20, 2015 7:17 PM
To: landten@lists.flabarrpptl.org
Subject: Re: [RPPTL LandTen] Service by E-Portal
Service on the opposing party or 10 days to file the motion? I believe that for filing, the day you efile it through the portal is considered filed. Not five days after efiling.
Sent from Anthony Horky's mobile email
From: Leonard Cabral
Sent: Monday, April 20, 2015 5:30 PM
To: RPPTL Landlord Tenant Committee
Reply To: RPPTL Landlord Tenant Committee
Subject: [RPPTL LandTen] Service by E-Portal
On a motion for reconsideration the time to do so is 10 days. e-Service is treated as service by mail for the computation of time. So am I correct that the time to file reconsideration is reduced to 5 days? Has anyone faced this before? Is there any way around this?
Leonard P. Cabral, Esq.
Leonardcabral@lenslaw.com
212 N. Park Ave. Ste. 14
Sanford, FL 32771
Please disregard inadvertent misspellings
landten mailing list
landten@lists.flabarrpptl.org
http://mailman.fsr.com/mailman/listinfo/landten
Thank you Deborah for clearing that up for me. That actually makes sense to me.
Leonard P. Cabral, Esq.
Leonardcabral@lenslaw.com
Please disregard inadvertent misspellings and the use of abbreviations.
From: landten-bounces@lists.flabarrpptl.org [mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of Deborah marks
Sent: Tuesday, April 21, 2015 4:50 AM
To: RPPTL Landlord Tenant Committee
Subject: Re: [RPPTL LandTen] Service by E-Portal
One more thing on eservice- the 5 days is added to when you have to file a response. What the other part of the rule is saying is that when you file in the portal it is filed as of that day. The sections you quote relate to two separate things- the time of filing for the filer, and when you have to respond to something that has been filed. They are not i consistent.
Deborah Marks
Deborah Marks, P.A.
18495 South Dixie Highway
Suite 134
Miami, FL 33157
305-372-9400
DeborahMarksLaw@gmail.commailto:DeborahMarksLaw@gmail.com
synergy928@aol.commailto:synergy928@aol.com
On Apr 20, 2015, at 8:04 PM, Leonard Cabral <LensLaw@Lenslaw.commailto:LensLaw@Lenslaw.com> wrote:
I believe you are incorrect unless I am missing something (please tell me I am missing something). I looked it up and it is very confusing (to me anyway). Judicial Rule 2.516 (b)(1)(D) Time of Service. Service by e-mail is complete on the date it is sent. But then look directly below and there it is, 2.516 (b)(1)(D)(iii) E-mail service, including e-service, is treated as service by mail for the computation of time.
Believe me I cannot make this sh** up.
Leonard P. Cabral, Esq.
Leonardcabral@lenslaw.commailto:Leonardcabral@lenslaw.com
Please disregard inadvertent misspellings and the use of abbreviations.
From: landten-bounces@lists.flabarrpptl.orgmailto:landten-bounces@lists.flabarrpptl.org [mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of Anthony J. Horky
Sent: Monday, April 20, 2015 7:17 PM
To: landten@lists.flabarrpptl.orgmailto:landten@lists.flabarrpptl.org
Subject: Re: [RPPTL LandTen] Service by E-Portal
Service on the opposing party or 10 days to file the motion? I believe that for filing, the day you efile it through the portal is considered filed. Not five days after efiling.
Sent from Anthony Horky's mobile email
From: Leonard Cabral
Sent: Monday, April 20, 2015 5:30 PM
To: RPPTL Landlord Tenant Committee
Reply To: RPPTL Landlord Tenant Committee
Subject: [RPPTL LandTen] Service by E-Portal
On a motion for reconsideration the time to do so is 10 days. e-Service is treated as service by mail for the computation of time. So am I correct that the time to file reconsideration is reduced to 5 days? Has anyone faced this before? Is there any way around this?
Leonard P. Cabral, Esq.
Leonardcabral@lenslaw.commailto:Leonardcabral@lenslaw.com
212 N. Park Ave. Ste. 14
Sanford, FL 32771
Please disregard inadvertent misspellings
landten mailing list
landten@lists.flabarrpptl.orgmailto:landten@lists.flabarrpptl.org
http://mailman.fsr.com/mailman/listinfo/landten