Empathy List Archives

RR

RPPTL Real Estate Leasing Committee

Thu, Jan 7, 2021 7:41 PM

Hello all,

Does anyone know of any quick case law to support issuing a summons to an Unknown Occupant/John Doe in an eviction context? I.e., something in the case law or Rules to support not naming a Defendant, when their name isn't known?

A client in Alachua is dealing with a squatter, and sent it to our firm as an unlawful detainer eviction. As we do in all other counties, we filed naming the Defendant as "Unknown Occupant" since the property doesn't know who is inside.

While all other counties have processed our past cases against "Unknown Occupant" without issue, the Alachua clerk refused to issue a summons. They stated that they could only issue a summons against a named person. I talked to the clerk, then the clerk's supervisor, and then the General Counsel for the Clerk. All gave me the same answer, that it was against the law to issue a summons against an unnamed party.

When I said that every other county issued eviction summons against "Unknown Occupant" without any pushback, the General Counsel said that every other county was in violation of the law and civil procedure. When I asked how my client is supposed to file against a squatter they don't know the General Counsel said that all other unlawful detainers they filed listed a named person, and I was the first person to ever bring this issue up to them.

The General Counsel also sent me their memo on Unknown Persons summonses, which is below. It cites one case. I Shephardized their case and it is still good law, however it was a case for money damages. My first thought was that the eviction for possession only is technically just against the premises, not the actual person, so that could be a way to distinguish. I haven't been able to find anything exactly on point.

SUMMONSES ON UNKNOWN PERSONS PROCEDURE

Effective January 15, 2009. the Clerk's Office established its policy of not issuing summonses on and unknown persons. This is based on research determining the Clerk's Office has no authority to issue a summons on an unknown person or a John/Jane Doe as a John Doe complaint does not commence an action against the real party. See Grantham v. Blount, Inc., 683 So.2d 538 (2d DCA 1996), ("we choose to treat a John Doe complaint in the same manner we treat a complaint that contains a substantially incorrect identification of the defendant and hold that it does not commence an action against the real party").

Thanks in advance for the help,

Matt

Matthew Siegel, Esq.
Countryside Colonial Center
2753 SR 580, Suite 209
Clearwater, FL 33761-3351
P 727-726-1900
F 727-726-7440
matt@mgfdlaw.com mailto:matt@mgfdlaw.com
Primary Eservice: eservice@mgfdlaw.com mailto:eservice@mgfdlaw.com

Hello all, Does anyone know of any quick case law to support issuing a summons to an Unknown Occupant/John Doe in an eviction context? I.e., something in the case law or Rules to support not naming a Defendant, when their name isn't known? A client in Alachua is dealing with a squatter, and sent it to our firm as an unlawful detainer eviction. As we do in all other counties, we filed naming the Defendant as "Unknown Occupant" since the property doesn't know who is inside. While all other counties have processed our past cases against "Unknown Occupant" without issue, the Alachua clerk refused to issue a summons. They stated that they could only issue a summons against a named person. I talked to the clerk, then the clerk's supervisor, and then the General Counsel for the Clerk. All gave me the same answer, that it was against the law to issue a summons against an unnamed party. When I said that every other county issued eviction summons against "Unknown Occupant" without any pushback, the General Counsel said that every other county was in violation of the law and civil procedure. When I asked how my client is supposed to file against a squatter they don't know the General Counsel said that all other unlawful detainers they filed listed a named person, and I was the first person to ever bring this issue up to them. The General Counsel also sent me their memo on Unknown Persons summonses, which is below. It cites one case. I Shephardized their case and it is still good law, however it was a case for money damages. My first thought was that the eviction for possession only is technically just against the premises, not the actual person, so that could be a way to distinguish. I haven't been able to find anything exactly on point. SUMMONSES ON UNKNOWN PERSONS PROCEDURE Effective January 15, 2009. the Clerk's Office established its policy of not issuing summonses on and unknown persons. This is based on research determining the Clerk's Office has no authority to issue a summons on an unknown person or a John/Jane Doe as a John Doe complaint does not commence an action against the real party. See Grantham v. Blount, Inc., 683 So.2d 538 (2d DCA 1996), ("we choose to treat a John Doe complaint in the same manner we treat a complaint that contains a substantially incorrect identification of the defendant and hold that it does not commence an action against the real party"). Thanks in advance for the help, Matt Matthew Siegel, Esq. Countryside Colonial Center 2753 SR 580, Suite 209 Clearwater, FL 33761-3351 P 727-726-1900 F 727-726-7440 matt@mgfdlaw.com<mailto:matt@mgfdlaw.com> Primary Eservice: eservice@mgfdlaw.com<mailto:eservice@mgfdlaw.com>

RR

RPPTL Real Estate Leasing Committee

Thu, Jan 7, 2021 7:55 PM

We ran into a the same issue last week with a property in Okaloosa County. The Clerk of Court told us we can file a Motion with the judge to order the Summons to John Doe/Unknown Occupant, but that the sheriff would not execute the Writ of Possession. We then called the Civil Process department at the sheriff's and the representative told us that the sheriff will not serve a Writ of Possession on John Doe/Unknown Occupant.

Kristopher E. Fernandez, Esquire
Florida Bar Board Certified Real Estate Attorney
114 S. Fremont Avenue
Tampa, FL 33606
(813) 832-6340
(813) 601-3257 (after hours)
(813) 251-0438 (fax)

NOTICE: This email (including any attachments) is covered by the Electronic Communications Privacy Act, 18 U.S.C. Sections 2510-2521, is confidential and legally privileged. If you are not the intended recipient, you are hereby notified that any retention, distribution or copying of this communication is strictly prohibited. Please reply to the sender that you received the message in error and then delete it. Thank you.

From: landten-bounces@lists.flabarrpptl.org landten-bounces@lists.flabarrpptl.org On Behalf Of RPPTL Real Estate Leasing Committee
Sent: Thursday, January 7, 2021 2:41 PM
To: landten@lists.flabarrpptl.org
Subject: [RPPTL Leasing Committee] Unlawful Detainer Eviction - Issuing Summons to Unknown Occupant/John Doe

Hello all,

Does anyone know of any quick case law to support issuing a summons to an Unknown Occupant/John Doe in an eviction context? I.e., something in the case law or Rules to support not naming a Defendant, when their name isn't known?

A client in Alachua is dealing with a squatter, and sent it to our firm as an unlawful detainer eviction. As we do in all other counties, we filed naming the Defendant as "Unknown Occupant" since the property doesn't know who is inside.

While all other counties have processed our past cases against "Unknown Occupant" without issue, the Alachua clerk refused to issue a summons. They stated that they could only issue a summons against a named person. I talked to the clerk, then the clerk's supervisor, and then the General Counsel for the Clerk. All gave me the same answer, that it was against the law to issue a summons against an unnamed party.

When I said that every other county issued eviction summons against "Unknown Occupant" without any pushback, the General Counsel said that every other county was in violation of the law and civil procedure. When I asked how my client is supposed to file against a squatter they don't know the General Counsel said that all other unlawful detainers they filed listed a named person, and I was the first person to ever bring this issue up to them.

The General Counsel also sent me their memo on Unknown Persons summonses, which is below. It cites one case. I Shephardized their case and it is still good law, however it was a case for money damages. My first thought was that the eviction for possession only is technically just against the premises, not the actual person, so that could be a way to distinguish. I haven't been able to find anything exactly on point.

SUMMONSES ON UNKNOWN PERSONS PROCEDURE

Effective January 15, 2009. the Clerk's Office established its policy of not issuing summonses on and unknown persons. This is based on research determining the Clerk's Office has no authority to issue a summons on an unknown person or a John/Jane Doe as a John Doe complaint does not commence an action against the real party. See Grantham v. Blount, Inc., 683 So.2d 538 (2d DCA 1996), ("we choose to treat a John Doe complaint in the same manner we treat a complaint that contains a substantially incorrect identification of the defendant and hold that it does not commence an action against the real party").

Thanks in advance for the help,

Matt

Matthew Siegel, Esq.
Countryside Colonial Center
2753 SR 580, Suite 209
Clearwater, FL 33761-3351
P 727-726-1900
F 727-726-7440
matt@mgfdlaw.com mailto:matt@mgfdlaw.com
Primary Eservice: eservice@mgfdlaw.com mailto:eservice@mgfdlaw.com

We ran into a the same issue last week with a property in Okaloosa County. The Clerk of Court told us we can file a Motion with the judge to order the Summons to John Doe/Unknown Occupant, but that the sheriff would not execute the Writ of Possession. We then called the Civil Process department at the sheriff's and the representative told us that the sheriff will not serve a Writ of Possession on John Doe/Unknown Occupant. Kristopher E. Fernandez, Esquire Florida Bar Board Certified Real Estate Attorney 114 S. Fremont Avenue Tampa, FL 33606 (813) 832-6340 (813) 601-3257 (after hours) (813) 251-0438 (fax) NOTICE: This email (including any attachments) is covered by the Electronic Communications Privacy Act, 18 U.S.C. Sections 2510-2521, is confidential and legally privileged. If you are not the intended recipient, you are hereby notified that any retention, distribution or copying of this communication is strictly prohibited. Please reply to the sender that you received the message in error and then delete it. Thank you. From: landten-bounces@lists.flabarrpptl.org <landten-bounces@lists.flabarrpptl.org> On Behalf Of RPPTL Real Estate Leasing Committee Sent: Thursday, January 7, 2021 2:41 PM To: landten@lists.flabarrpptl.org Subject: [RPPTL Leasing Committee] Unlawful Detainer Eviction - Issuing Summons to Unknown Occupant/John Doe Hello all, Does anyone know of any quick case law to support issuing a summons to an Unknown Occupant/John Doe in an eviction context? I.e., something in the case law or Rules to support not naming a Defendant, when their name isn't known? A client in Alachua is dealing with a squatter, and sent it to our firm as an unlawful detainer eviction. As we do in all other counties, we filed naming the Defendant as "Unknown Occupant" since the property doesn't know who is inside. While all other counties have processed our past cases against "Unknown Occupant" without issue, the Alachua clerk refused to issue a summons. They stated that they could only issue a summons against a named person. I talked to the clerk, then the clerk's supervisor, and then the General Counsel for the Clerk. All gave me the same answer, that it was against the law to issue a summons against an unnamed party. When I said that every other county issued eviction summons against "Unknown Occupant" without any pushback, the General Counsel said that every other county was in violation of the law and civil procedure. When I asked how my client is supposed to file against a squatter they don't know the General Counsel said that all other unlawful detainers they filed listed a named person, and I was the first person to ever bring this issue up to them. The General Counsel also sent me their memo on Unknown Persons summonses, which is below. It cites one case. I Shephardized their case and it is still good law, however it was a case for money damages. My first thought was that the eviction for possession only is technically just against the premises, not the actual person, so that could be a way to distinguish. I haven't been able to find anything exactly on point. SUMMONSES ON UNKNOWN PERSONS PROCEDURE Effective January 15, 2009. the Clerk's Office established its policy of not issuing summonses on and unknown persons. This is based on research determining the Clerk's Office has no authority to issue a summons on an unknown person or a John/Jane Doe as a John Doe complaint does not commence an action against the real party. See Grantham v. Blount, Inc., 683 So.2d 538 (2d DCA 1996), ("we choose to treat a John Doe complaint in the same manner we treat a complaint that contains a substantially incorrect identification of the defendant and hold that it does not commence an action against the real party"). Thanks in advance for the help, Matt Matthew Siegel, Esq. Countryside Colonial Center 2753 SR 580, Suite 209 Clearwater, FL 33761-3351 P 727-726-1900 F 727-726-7440 matt@mgfdlaw.com<mailto:matt@mgfdlaw.com> Primary Eservice: eservice@mgfdlaw.com<mailto:eservice@mgfdlaw.com>

RR

RPPTL Real Estate Leasing Committee

Thu, Jan 7, 2021 8:38 PM

If the occupant is unknown, you may be able to provide an affidavit to the sheriff’s office under 82.035 to have them removed without a lawsuit being filed.

(3) Any law enforcement officer may, upon receipt of a sworn affidavit of the party entitled to possession that a person who is a transient occupant is unlawfully detaining residential property, direct a transient occupant to surrender possession of residential property. The sworn affidavit must set forth the facts, including the applicable factors listed in paragraph (1)(a), which establish that a transient occupant is unlawfully detaining residential property.

I was able to draft an affidavit and have law enforcement remove the occupant without the necessity of an unlawful detainer, because the Landlord never gave permission for the occupant to move in.

(1) As used in this section, the term “transient occupant” means a person whose residency in real property intended for residential use has occurred for a brief length of time, is not pursuant to a lease, and whose occupancy was intended as transient in nature.
(a) Factors that establish that a person is a transient occupant include, but are not limited to:
1. The person does not have an ownership interest, financial interest, or leasehold interest in the property entitling him or her to occupancy of the property.
2. The person does not have any property utility subscriptions.
3. The person cannot produce documentation, correspondence, or identification cards sent or issued by a government agency, including, but not limited to, the Department of Highway Safety and Motor Vehicles or the supervisor of elections, which show that the person used the property address as an address of record with the agency within the previous 12 months.
4. The person pays minimal or no rent for his or her stay at the property.
5. The person does not have a designated space of his or her own, such as a room, at the property.
6. The person has minimal, if any, personal belongings at the property.
7. The person has an apparent permanent residence elsewhere.

Jennifer A. Garner, Esq.
2224 Ashley Oaks Circle, Suite 101
Wesley Chapel, FL 33544
Phone: (727) 386-9654 Fax: (813) 482-9492
www.JenniferAGarner.com http://www.jenniferagarner.com/
[cid:image001.png@01D6E50B.243FCBD0]
THIS LAW FIRM IS ENGAGED IN THE COLLECTION OF DEBTS FOR ITS CLIENTS. PLEASE NOTE THAT ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.

CONFIDENTIALITY NOTICE:
This electronic mail transmission is intended only for the review of the party or entity to which it is addressed. It may contain information that is privileged, confidential and exempt from disclosure under applicable law. Any dissemination, distribution or copying of this communication is strictly prohibited without our prior written permission. If the reader of this message is not the intended recipient, or the employee or agent responsible for delivering this message to the intended recipient or if you have received this transmission in error, please notify us immediately by return e-mail and delete the original message and any copies of it from your computer system. Unintended transmission shall not constitute waiver of the attorney-client privilege or any other privilege recognized by law.

From: landten-bounces@lists.flabarrpptl.org landten-bounces@lists.flabarrpptl.org On Behalf Of RPPTL Real Estate Leasing Committee
Sent: Thursday, January 7, 2021 2:56 PM
To: landten@lists.flabarrpptl.org
Cc: Ryan Purvis Ryan@kfernandezlaw.com
Subject: Re: [RPPTL Leasing Committee] Unlawful Detainer Eviction - Issuing Summons to Unknown Occupant/John Doe

We ran into a the same issue last week with a property in Okaloosa County. The Clerk of Court told us we can file a Motion with the judge to order the Summons to John Doe/Unknown Occupant, but that the sheriff would not execute the Writ of Possession. We then called the Civil Process department at the sheriff’s and the representative told us that the sheriff will not serve a Writ of Possession on John Doe/Unknown Occupant.

Kristopher E. Fernandez, Esquire
Florida Bar Board Certified Real Estate Attorney
114 S. Fremont Avenue
Tampa, FL 33606
(813) 832-6340
(813) 601-3257 (after hours)
(813) 251-0438 (fax)

NOTICE: This email (including any attachments) is covered by the Electronic Communications Privacy Act, 18 U.S.C. Sections 2510-2521, is confidential and legally privileged. If you are not the intended recipient, you are hereby notified that any retention, distribution or copying of this communication is strictly prohibited. Please reply to the sender that you received the message in error and then delete it. Thank you.

From: landten-bounces@lists.flabarrpptl.org mailto:landten-bounces@lists.flabarrpptl.org <landten-bounces@lists.flabarrpptl.org mailto:landten-bounces@lists.flabarrpptl.org> On Behalf Of RPPTL Real Estate Leasing Committee
Sent: Thursday, January 7, 2021 2:41 PM
To: landten@lists.flabarrpptl.org mailto:landten@lists.flabarrpptl.org
Subject: [RPPTL Leasing Committee] Unlawful Detainer Eviction - Issuing Summons to Unknown Occupant/John Doe

Hello all,

Does anyone know of any quick case law to support issuing a summons to an Unknown Occupant/John Doe in an eviction context? I.e., something in the case law or Rules to support not naming a Defendant, when their name isn’t known?

A client in Alachua is dealing with a squatter, and sent it to our firm as an unlawful detainer eviction. As we do in all other counties, we filed naming the Defendant as “Unknown Occupant” since the property doesn’t know who is inside.

While all other counties have processed our past cases against “Unknown Occupant” without issue, the Alachua clerk refused to issue a summons. They stated that they could only issue a summons against a named person. I talked to the clerk, then the clerk’s supervisor, and then the General Counsel for the Clerk. All gave me the same answer, that it was against the law to issue a summons against an unnamed party.

When I said that every other county issued eviction summons against “Unknown Occupant” without any pushback, the General Counsel said that every other county was in violation of the law and civil procedure. When I asked how my client is supposed to file against a squatter they don’t know the General Counsel said that all other unlawful detainers they filed listed a named person, and I was the first person to ever bring this issue up to them.

The General Counsel also sent me their memo on Unknown Persons summonses, which is below. It cites one case. I Shephardized their case and it is still good law, however it was a case for money damages. My first thought was that the eviction for possession only is technically just against the premises, not the actual person, so that could be a way to distinguish. I haven’t been able to find anything exactly on point.

SUMMONSES ON UNKNOWN PERSONS PROCEDURE

Effective January 15, 2009. the Clerk’s Office established its policy of not issuing summonses on and unknown persons. This is based on research determining the Clerk’s Office has no authority to issue a summons on an unknown person or a John/Jane Doe as a John Doe complaint does not commence an action against the real party. See Grantham v. Blount, Inc., 683 So.2d 538 (2d DCA 1996), (“we choose to treat a John Doe complaint in the same manner we treat a complaint that contains a substantially incorrect identification of the defendant and hold that it does not commence an action against the real party”).

Thanks in advance for the help,

Matt

Matthew Siegel, Esq.
Countryside Colonial Center
2753 SR 580, Suite 209
Clearwater, FL 33761-3351
P 727-726-1900
F 727-726-7440
matt@mgfdlaw.com mailto:matt@mgfdlaw.com
Primary Eservice: eservice@mgfdlaw.com mailto:eservice@mgfdlaw.com

If the occupant is unknown, you may be able to provide an affidavit to the sheriff’s office under 82.035 to have them removed without a lawsuit being filed. (3) Any law enforcement officer may, upon receipt of a sworn affidavit of the party entitled to possession that a person who is a transient occupant is unlawfully detaining residential property, direct a transient occupant to surrender possession of residential property. The sworn affidavit must set forth the facts, including the applicable factors listed in paragraph (1)(a), which establish that a transient occupant is unlawfully detaining residential property. I was able to draft an affidavit and have law enforcement remove the occupant without the necessity of an unlawful detainer, because the Landlord never gave permission for the occupant to move in. (1) As used in this section, the term “transient occupant” means a person whose residency in real property intended for residential use has occurred for a brief length of time, is not pursuant to a lease, and whose occupancy was intended as transient in nature. (a) Factors that establish that a person is a transient occupant include, but are not limited to: 1. The person does not have an ownership interest, financial interest, or leasehold interest in the property entitling him or her to occupancy of the property. 2. The person does not have any property utility subscriptions. 3. The person cannot produce documentation, correspondence, or identification cards sent or issued by a government agency, including, but not limited to, the Department of Highway Safety and Motor Vehicles or the supervisor of elections, which show that the person used the property address as an address of record with the agency within the previous 12 months. 4. The person pays minimal or no rent for his or her stay at the property. 5. The person does not have a designated space of his or her own, such as a room, at the property. 6. The person has minimal, if any, personal belongings at the property. 7. The person has an apparent permanent residence elsewhere. Jennifer A. Garner, Esq. 2224 Ashley Oaks Circle, Suite 101 Wesley Chapel, FL 33544 Phone: (727) 386-9654 Fax: (813) 482-9492 www.JenniferAGarner.com<http://www.jenniferagarner.com/> [cid:image001.png@01D6E50B.243FCBD0] THIS LAW FIRM IS ENGAGED IN THE COLLECTION OF DEBTS FOR ITS CLIENTS. PLEASE NOTE THAT ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. CONFIDENTIALITY NOTICE: This electronic mail transmission is intended only for the review of the party or entity to which it is addressed. It may contain information that is privileged, confidential and exempt from disclosure under applicable law. Any dissemination, distribution or copying of this communication is strictly prohibited without our prior written permission. If the reader of this message is not the intended recipient, or the employee or agent responsible for delivering this message to the intended recipient or if you have received this transmission in error, please notify us immediately by return e-mail and delete the original message and any copies of it from your computer system. Unintended transmission shall not constitute waiver of the attorney-client privilege or any other privilege recognized by law. From: landten-bounces@lists.flabarrpptl.org <landten-bounces@lists.flabarrpptl.org> On Behalf Of RPPTL Real Estate Leasing Committee Sent: Thursday, January 7, 2021 2:56 PM To: landten@lists.flabarrpptl.org Cc: Ryan Purvis <Ryan@kfernandezlaw.com> Subject: Re: [RPPTL Leasing Committee] Unlawful Detainer Eviction - Issuing Summons to Unknown Occupant/John Doe We ran into a the same issue last week with a property in Okaloosa County. The Clerk of Court told us we can file a Motion with the judge to order the Summons to John Doe/Unknown Occupant, but that the sheriff would not execute the Writ of Possession. We then called the Civil Process department at the sheriff’s and the representative told us that the sheriff will not serve a Writ of Possession on John Doe/Unknown Occupant. Kristopher E. Fernandez, Esquire Florida Bar Board Certified Real Estate Attorney 114 S. Fremont Avenue Tampa, FL 33606 (813) 832-6340 (813) 601-3257 (after hours) (813) 251-0438 (fax) NOTICE: This email (including any attachments) is covered by the Electronic Communications Privacy Act, 18 U.S.C. Sections 2510-2521, is confidential and legally privileged. If you are not the intended recipient, you are hereby notified that any retention, distribution or copying of this communication is strictly prohibited. Please reply to the sender that you received the message in error and then delete it. Thank you. From: landten-bounces@lists.flabarrpptl.org<mailto:landten-bounces@lists.flabarrpptl.org> <landten-bounces@lists.flabarrpptl.org<mailto:landten-bounces@lists.flabarrpptl.org>> On Behalf Of RPPTL Real Estate Leasing Committee Sent: Thursday, January 7, 2021 2:41 PM To: landten@lists.flabarrpptl.org<mailto:landten@lists.flabarrpptl.org> Subject: [RPPTL Leasing Committee] Unlawful Detainer Eviction - Issuing Summons to Unknown Occupant/John Doe Hello all, Does anyone know of any quick case law to support issuing a summons to an Unknown Occupant/John Doe in an eviction context? I.e., something in the case law or Rules to support not naming a Defendant, when their name isn’t known? A client in Alachua is dealing with a squatter, and sent it to our firm as an unlawful detainer eviction. As we do in all other counties, we filed naming the Defendant as “Unknown Occupant” since the property doesn’t know who is inside. While all other counties have processed our past cases against “Unknown Occupant” without issue, the Alachua clerk refused to issue a summons. They stated that they could only issue a summons against a named person. I talked to the clerk, then the clerk’s supervisor, and then the General Counsel for the Clerk. All gave me the same answer, that it was against the law to issue a summons against an unnamed party. When I said that every other county issued eviction summons against “Unknown Occupant” without any pushback, the General Counsel said that every other county was in violation of the law and civil procedure. When I asked how my client is supposed to file against a squatter they don’t know the General Counsel said that all other unlawful detainers they filed listed a named person, and I was the first person to ever bring this issue up to them. The General Counsel also sent me their memo on Unknown Persons summonses, which is below. It cites one case. I Shephardized their case and it is still good law, however it was a case for money damages. My first thought was that the eviction for possession only is technically just against the premises, not the actual person, so that could be a way to distinguish. I haven’t been able to find anything exactly on point. SUMMONSES ON UNKNOWN PERSONS PROCEDURE Effective January 15, 2009. the Clerk’s Office established its policy of not issuing summonses on and unknown persons. This is based on research determining the Clerk’s Office has no authority to issue a summons on an unknown person or a John/Jane Doe as a John Doe complaint does not commence an action against the real party. See Grantham v. Blount, Inc., 683 So.2d 538 (2d DCA 1996), (“we choose to treat a John Doe complaint in the same manner we treat a complaint that contains a substantially incorrect identification of the defendant and hold that it does not commence an action against the real party”). Thanks in advance for the help, Matt Matthew Siegel, Esq. Countryside Colonial Center 2753 SR 580, Suite 209 Clearwater, FL 33761-3351 P 727-726-1900 F 727-726-7440 matt@mgfdlaw.com<mailto:matt@mgfdlaw.com> Primary Eservice: eservice@mgfdlaw.com<mailto:eservice@mgfdlaw.com>

RR

RPPTL Real Estate Leasing Committee

Fri, Jan 8, 2021 12:04 PM

Brenda

I suggest that you appoint a few good lawyers to draft legislation. I would suggest Mark Brown to Chair the committee. He Chaired the legislation committee on Unlawful Detainer. The other approach would be to ask for an attorney general's opinion.

Thank You,
Roland "Chip" Waller
Esquire
Direct: 727-836-8515
Office: 727-847-2288
Fax: 727-848-4183
E-service: pleadings@rdwaller.com mailto:pleadings@rdwaller.com
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From: landten-bounces@lists.flabarrpptl.org landten-bounces@lists.flabarrpptl.org On Behalf Of RPPTL Real Estate Leasing Committee
Sent: Thursday, January 7, 2021 2:56 PM
To: landten@lists.flabarrpptl.org
Cc: Ryan Purvis Ryan@kfernandezlaw.com
Subject: Re: [RPPTL Leasing Committee] Unlawful Detainer Eviction - Issuing Summons to Unknown Occupant/John Doe

We ran into a the same issue last week with a property in Okaloosa County. The Clerk of Court told us we can file a Motion with the judge to order the Summons to John Doe/Unknown Occupant, but that the sheriff would not execute the Writ of Possession. We then called the Civil Process department at the sheriff's and the representative told us that the sheriff will not serve a Writ of Possession on John Doe/Unknown Occupant.

Kristopher E. Fernandez, Esquire
Florida Bar Board Certified Real Estate Attorney
114 S. Fremont Avenue
Tampa, FL 33606
(813) 832-6340
(813) 601-3257 (after hours)
(813) 251-0438 (fax)

NOTICE: This email (including any attachments) is covered by the Electronic Communications Privacy Act, 18 U.S.C. Sections 2510-2521, is confidential and legally privileged. If you are not the intended recipient, you are hereby notified that any retention, distribution or copying of this communication is strictly prohibited. Please reply to the sender that you received the message in error and then delete it. Thank you.

From: landten-bounces@lists.flabarrpptl.org mailto:landten-bounces@lists.flabarrpptl.org <landten-bounces@lists.flabarrpptl.org mailto:landten-bounces@lists.flabarrpptl.org> On Behalf Of RPPTL Real Estate Leasing Committee
Sent: Thursday, January 7, 2021 2:41 PM
To: landten@lists.flabarrpptl.org mailto:landten@lists.flabarrpptl.org
Subject: [RPPTL Leasing Committee] Unlawful Detainer Eviction - Issuing Summons to Unknown Occupant/John Doe

Hello all,

Does anyone know of any quick case law to support issuing a summons to an Unknown Occupant/John Doe in an eviction context? I.e., something in the case law or Rules to support not naming a Defendant, when their name isn't known?

A client in Alachua is dealing with a squatter, and sent it to our firm as an unlawful detainer eviction. As we do in all other counties, we filed naming the Defendant as "Unknown Occupant" since the property doesn't know who is inside.

While all other counties have processed our past cases against "Unknown Occupant" without issue, the Alachua clerk refused to issue a summons. They stated that they could only issue a summons against a named person. I talked to the clerk, then the clerk's supervisor, and then the General Counsel for the Clerk. All gave me the same answer, that it was against the law to issue a summons against an unnamed party.

When I said that every other county issued eviction summons against "Unknown Occupant" without any pushback, the General Counsel said that every other county was in violation of the law and civil procedure. When I asked how my client is supposed to file against a squatter they don't know the General Counsel said that all other unlawful detainers they filed listed a named person, and I was the first person to ever bring this issue up to them.

The General Counsel also sent me their memo on Unknown Persons summonses, which is below. It cites one case. I Shephardized their case and it is still good law, however it was a case for money damages. My first thought was that the eviction for possession only is technically just against the premises, not the actual person, so that could be a way to distinguish. I haven't been able to find anything exactly on point.

SUMMONSES ON UNKNOWN PERSONS PROCEDURE

Effective January 15, 2009. the Clerk's Office established its policy of not issuing summonses on and unknown persons. This is based on research determining the Clerk's Office has no authority to issue a summons on an unknown person or a John/Jane Doe as a John Doe complaint does not commence an action against the real party. See Grantham v. Blount, Inc., 683 So.2d 538 (2d DCA 1996), ("we choose to treat a John Doe complaint in the same manner we treat a complaint that contains a substantially incorrect identification of the defendant and hold that it does not commence an action against the real party").

Thanks in advance for the help,

Matt

Matthew Siegel, Esq.
Countryside Colonial Center
2753 SR 580, Suite 209
Clearwater, FL 33761-3351
P 727-726-1900
F 727-726-7440
matt@mgfdlaw.com mailto:matt@mgfdlaw.com
Primary Eservice: eservice@mgfdlaw.com mailto:eservice@mgfdlaw.com

Brenda I suggest that you appoint a few good lawyers to draft legislation. I would suggest Mark Brown to Chair the committee. He Chaired the legislation committee on Unlawful Detainer. The other approach would be to ask for an attorney general's opinion. Thank You, Roland "Chip" Waller Esquire Direct: 727-836-8515 Office: 727-847-2288 Fax: 727-848-4183 E-service: pleadings@rdwaller.com<mailto:pleadings@rdwaller.com> Hearings: hearings@rdwaller.com<mailto:hearings@rdwaller.com> Roland.Waller@rdwaller.com<mailto:Roland.Waller@rdwaller.com> [cid:image001.png@01D6E58C.3A05A940] COVID-19 NOTICE: Our Firm has taken significant precautions to ensure as sterile an office environment as possible for our employees, clients and colleagues. If you are not feeling well, we ask that you please not visit our office at this time. Additionally, even if you are not symptomatic but you have recently traveled to areas where the virus is more prevalent, we likewise request you abstain from visiting our offices at this time. Instead, please contact our office to make alternative arrangements for your transaction or matter. We will do whatever we can to accommodate you. Thank you. Leave us a review<https://search.google.com/local/writereview?placeid=ChIJFSKLui2QwogR_-nzH5X23hc> Florida Bar Board Certified Real Estate Attorney Fellow, American College of Real Estate Lawyers [cid:image002.jpg@01D6E58C.3A05A940] [cid:image003.png@01D6E58C.3A05A940] [cid:image004.jpg@01D6E58C.3A05A940] From: landten-bounces@lists.flabarrpptl.org <landten-bounces@lists.flabarrpptl.org> On Behalf Of RPPTL Real Estate Leasing Committee Sent: Thursday, January 7, 2021 2:56 PM To: landten@lists.flabarrpptl.org Cc: Ryan Purvis <Ryan@kfernandezlaw.com> Subject: Re: [RPPTL Leasing Committee] Unlawful Detainer Eviction - Issuing Summons to Unknown Occupant/John Doe We ran into a the same issue last week with a property in Okaloosa County. The Clerk of Court told us we can file a Motion with the judge to order the Summons to John Doe/Unknown Occupant, but that the sheriff would not execute the Writ of Possession. We then called the Civil Process department at the sheriff's and the representative told us that the sheriff will not serve a Writ of Possession on John Doe/Unknown Occupant. Kristopher E. Fernandez, Esquire Florida Bar Board Certified Real Estate Attorney 114 S. Fremont Avenue Tampa, FL 33606 (813) 832-6340 (813) 601-3257 (after hours) (813) 251-0438 (fax) NOTICE: This email (including any attachments) is covered by the Electronic Communications Privacy Act, 18 U.S.C. Sections 2510-2521, is confidential and legally privileged. If you are not the intended recipient, you are hereby notified that any retention, distribution or copying of this communication is strictly prohibited. Please reply to the sender that you received the message in error and then delete it. Thank you. From: landten-bounces@lists.flabarrpptl.org<mailto:landten-bounces@lists.flabarrpptl.org> <landten-bounces@lists.flabarrpptl.org<mailto:landten-bounces@lists.flabarrpptl.org>> On Behalf Of RPPTL Real Estate Leasing Committee Sent: Thursday, January 7, 2021 2:41 PM To: landten@lists.flabarrpptl.org<mailto:landten@lists.flabarrpptl.org> Subject: [RPPTL Leasing Committee] Unlawful Detainer Eviction - Issuing Summons to Unknown Occupant/John Doe Hello all, Does anyone know of any quick case law to support issuing a summons to an Unknown Occupant/John Doe in an eviction context? I.e., something in the case law or Rules to support not naming a Defendant, when their name isn't known? A client in Alachua is dealing with a squatter, and sent it to our firm as an unlawful detainer eviction. As we do in all other counties, we filed naming the Defendant as "Unknown Occupant" since the property doesn't know who is inside. While all other counties have processed our past cases against "Unknown Occupant" without issue, the Alachua clerk refused to issue a summons. They stated that they could only issue a summons against a named person. I talked to the clerk, then the clerk's supervisor, and then the General Counsel for the Clerk. All gave me the same answer, that it was against the law to issue a summons against an unnamed party. When I said that every other county issued eviction summons against "Unknown Occupant" without any pushback, the General Counsel said that every other county was in violation of the law and civil procedure. When I asked how my client is supposed to file against a squatter they don't know the General Counsel said that all other unlawful detainers they filed listed a named person, and I was the first person to ever bring this issue up to them. The General Counsel also sent me their memo on Unknown Persons summonses, which is below. It cites one case. I Shephardized their case and it is still good law, however it was a case for money damages. My first thought was that the eviction for possession only is technically just against the premises, not the actual person, so that could be a way to distinguish. I haven't been able to find anything exactly on point. SUMMONSES ON UNKNOWN PERSONS PROCEDURE Effective January 15, 2009. the Clerk's Office established its policy of not issuing summonses on and unknown persons. This is based on research determining the Clerk's Office has no authority to issue a summons on an unknown person or a John/Jane Doe as a John Doe complaint does not commence an action against the real party. See Grantham v. Blount, Inc., 683 So.2d 538 (2d DCA 1996), ("we choose to treat a John Doe complaint in the same manner we treat a complaint that contains a substantially incorrect identification of the defendant and hold that it does not commence an action against the real party"). Thanks in advance for the help, Matt Matthew Siegel, Esq. Countryside Colonial Center 2753 SR 580, Suite 209 Clearwater, FL 33761-3351 P 727-726-1900 F 727-726-7440 matt@mgfdlaw.com<mailto:matt@mgfdlaw.com> Primary Eservice: eservice@mgfdlaw.com<mailto:eservice@mgfdlaw.com>

RR

RPPTL Real Estate Leasing Committee

Fri, Jan 8, 2021 2:55 PM

It's actually a big problem and may get worse soon.

We have people calling us a lot where they have no clue who the people are
in the house. We refer them to another lawyer.

Harry Heist

LAW OFFICES OF
HEIST, WEISSE & WOLK P.A.
PH: 1 800 253 8428
FAX: 1 800 367 9038
"Serving the Property Management Professional"
Website: http://www.evict.com/ www.evict.com
Email: mailto:harry@evict.com harry@evict.com

https://www.facebook.com/pages/Heist-Weisse-Wolk-PA/343965575625870

Visit us on Facebook

THIS E-MAIL MESSAGE IS CONFIDENTIAL, ATTORNEY-CLIENT PRIVILEGED, AND
INTENDED FOR THE PERSONS NAMED ABOVE ONLY. ALL OTHER USE, COPYING, OR
DISTRIBUTION IS STRICTLY PROHIBITED.

From: landten-bounces@lists.flabarrpptl.org
landten-bounces@lists.flabarrpptl.org On Behalf Of RPPTL Real Estate
Leasing Committee
Sent: Friday, January 08, 2021 7:05 AM
To: landten@lists.flabarrpptl.org
Cc: Ryan Purvis Ryan@kfernandezlaw.com
Subject: Re: [RPPTL Leasing Committee] Unlawful Detainer Eviction - Issuing
Summons to Unknown Occupant/John Doe

Brenda

I suggest that you appoint a few good lawyers to draft legislation. I would
suggest Mark Brown to Chair the committee. He Chaired the legislation
committee on Unlawful Detainer. The other approach would be to ask for an
attorney general's opinion.

Thank You,

Roland "Chip" Waller

Esquire

Direct: 727-836-8515

Office: 727-847-2288

Fax: 727-848-4183

E-service: mailto:pleadings@rdwaller.com pleadings@rdwaller.com

Hearings: mailto:hearings@rdwaller.com hearings@rdwaller.com

mailto:Roland.Waller@rdwaller.com Roland.Waller@rdwaller.com

COVID-19 NOTICE: Our Firm has taken significant precautions to ensure as
sterile an office environment as possible for our employees, clients and
colleagues. If you are not feeling well, we ask that you please not visit
our office at this time. Additionally, even if you are not symptomatic but
you have recently traveled to areas where the virus is more prevalent, we
likewise request you abstain from visiting our offices at this time.
Instead, please contact our office to make alternative arrangements for your
transaction or matter. We will do whatever we can to accommodate you. Thank
you.

<https://search.google.com/local/writereview?placeid=ChIJFSKLui2QwogR_-nzH5X
23hc> Leave us a review

Florida Bar Board Certified Real Estate Attorney

Fellow, American College of Real Estate Lawyers

From: landten-bounces@lists.flabarrpptl.org
mailto:landten-bounces@lists.flabarrpptl.org
<landten-bounces@lists.flabarrpptl.org
mailto:landten-bounces@lists.flabarrpptl.org > On Behalf Of RPPTL Real
Estate Leasing Committee
Sent: Thursday, January 7, 2021 2:56 PM
To: landten@lists.flabarrpptl.org mailto:landten@lists.flabarrpptl.org
Cc: Ryan Purvis <Ryan@kfernandezlaw.com mailto:Ryan@kfernandezlaw.com >
Subject: Re: [RPPTL Leasing Committee] Unlawful Detainer Eviction - Issuing
Summons to Unknown Occupant/John Doe

We ran into a the same issue last week with a property in Okaloosa County.
The Clerk of Court told us we can file a Motion with the judge to order the
Summons to John Doe/Unknown Occupant, but that the sheriff would not execute
the Writ of Possession. We then called the Civil Process department at the
sheriff's and the representative told us that the sheriff will not serve a
Writ of Possession on John Doe/Unknown Occupant.

Kristopher E. Fernandez, Esquire

Florida Bar Board Certified Real Estate Attorney

114 S. Fremont Avenue

Tampa, FL 33606

(813) 832-6340

(813) 601-3257 (after hours)

(813) 251-0438 (fax)

NOTICE: This email (including any attachments) is covered by the Electronic
Communications Privacy Act, 18 U.S.C. Sections 2510-2521, is confidential
and legally privileged. If you are not the intended recipient, you are
hereby notified that any retention, distribution or copying of this
communication is strictly prohibited. Please reply to the sender that you
received the message in error and then delete it. Thank you.

From: landten-bounces@lists.flabarrpptl.org
mailto:landten-bounces@lists.flabarrpptl.org
<landten-bounces@lists.flabarrpptl.org
mailto:landten-bounces@lists.flabarrpptl.org > On Behalf Of RPPTL Real
Estate Leasing Committee
Sent: Thursday, January 7, 2021 2:41 PM
To: landten@lists.flabarrpptl.org mailto:landten@lists.flabarrpptl.org
Subject: [RPPTL Leasing Committee] Unlawful Detainer Eviction - Issuing
Summons to Unknown Occupant/John Doe

Hello all,

Does anyone know of any quick case law to support issuing a summons to an
Unknown Occupant/John Doe in an eviction context? I.e., something in the
case law or Rules to support not naming a Defendant, when their name isn't
known?

A client in Alachua is dealing with a squatter, and sent it to our firm as
an unlawful detainer eviction. As we do in all other counties, we filed
naming the Defendant as "Unknown Occupant" since the property doesn't know
who is inside.

While all other counties have processed our past cases against "Unknown
Occupant" without issue, the Alachua clerk refused to issue a summons. They
stated that they could only issue a summons against a named person. I
talked to the clerk, then the clerk's supervisor, and then the General
Counsel for the Clerk. All gave me the same answer, that it was against the
law to issue a summons against an unnamed party.

When I said that every other county issued eviction summons against "Unknown
Occupant" without any pushback, the General Counsel said that every other
county was in violation of the law and civil procedure. When I asked how my
client is supposed to file against a squatter they don't know the General
Counsel said that all other unlawful detainers they filed listed a named
person, and I was the first person to ever bring this issue up to them.

The General Counsel also sent me their memo on Unknown Persons summonses,
which is below. It cites one case. I Shephardized their case and it is
still good law, however it was a case for money damages. My first thought
was that the eviction for possession only is technically just against the
premises, not the actual person, so that could be a way to distinguish. I
haven't been able to find anything exactly on point.

SUMMONSES ON UNKNOWN PERSONS PROCEDURE

Effective January 15, 2009. the Clerk's Office established its policy of not
issuing summonses on and unknown persons. This is based on research
determining the Clerk's Office has no authority to issue a summons on an
unknown person or a John/Jane Doe as a John Doe complaint does not commence
an action against the real party. See Grantham v. Blount, Inc., 683 So.2d
538 (2d DCA 1996), ("we choose to treat a John Doe complaint in the same
manner we treat a complaint that contains a substantially incorrect
identification of the defendant and hold that it does not commence an action
against the real party").

Thanks in advance for the help,

Matt

Matthew Siegel, Esq.

Countryside Colonial Center

2753 SR 580, Suite 209

Clearwater, FL 33761-3351

P 727-726-1900

F 727-726-7440

mailto:matt@mgfdlaw.com matt@mgfdlaw.com

Primary Eservice: mailto:eservice@mgfdlaw.com eservice@mgfdlaw.com

It's actually a big problem and may get worse soon. We have people calling us a lot where they have no clue who the people are in the house. We refer them to another lawyer. Harry Heist LAW OFFICES OF HEIST, WEISSE & WOLK P.A. PH: 1 800 253 8428 FAX: 1 800 367 9038 "Serving the Property Management Professional" Website: <http://www.evict.com/> www.evict.com Email: <mailto:harry@evict.com> harry@evict.com <https://www.facebook.com/pages/Heist-Weisse-Wolk-PA/343965575625870> Visit us on Facebook THIS E-MAIL MESSAGE IS CONFIDENTIAL, ATTORNEY-CLIENT PRIVILEGED, AND INTENDED FOR THE PERSONS NAMED ABOVE ONLY. ALL OTHER USE, COPYING, OR DISTRIBUTION IS STRICTLY PROHIBITED. From: landten-bounces@lists.flabarrpptl.org <landten-bounces@lists.flabarrpptl.org> On Behalf Of RPPTL Real Estate Leasing Committee Sent: Friday, January 08, 2021 7:05 AM To: landten@lists.flabarrpptl.org Cc: Ryan Purvis <Ryan@kfernandezlaw.com> Subject: Re: [RPPTL Leasing Committee] Unlawful Detainer Eviction - Issuing Summons to Unknown Occupant/John Doe Brenda I suggest that you appoint a few good lawyers to draft legislation. I would suggest Mark Brown to Chair the committee. He Chaired the legislation committee on Unlawful Detainer. The other approach would be to ask for an attorney general's opinion. Thank You, Roland "Chip" Waller Esquire Direct: 727-836-8515 Office: 727-847-2288 Fax: 727-848-4183 E-service: <mailto:pleadings@rdwaller.com> pleadings@rdwaller.com Hearings: <mailto:hearings@rdwaller.com> hearings@rdwaller.com <mailto:Roland.Waller@rdwaller.com> Roland.Waller@rdwaller.com COVID-19 NOTICE: Our Firm has taken significant precautions to ensure as sterile an office environment as possible for our employees, clients and colleagues. If you are not feeling well, we ask that you please not visit our office at this time. Additionally, even if you are not symptomatic but you have recently traveled to areas where the virus is more prevalent, we likewise request you abstain from visiting our offices at this time. Instead, please contact our office to make alternative arrangements for your transaction or matter. We will do whatever we can to accommodate you. Thank you. <https://search.google.com/local/writereview?placeid=ChIJFSKLui2QwogR_-nzH5X 23hc> Leave us a review Florida Bar Board Certified Real Estate Attorney Fellow, American College of Real Estate Lawyers From: landten-bounces@lists.flabarrpptl.org <mailto:landten-bounces@lists.flabarrpptl.org> <landten-bounces@lists.flabarrpptl.org <mailto:landten-bounces@lists.flabarrpptl.org> > On Behalf Of RPPTL Real Estate Leasing Committee Sent: Thursday, January 7, 2021 2:56 PM To: landten@lists.flabarrpptl.org <mailto:landten@lists.flabarrpptl.org> Cc: Ryan Purvis <Ryan@kfernandezlaw.com <mailto:Ryan@kfernandezlaw.com> > Subject: Re: [RPPTL Leasing Committee] Unlawful Detainer Eviction - Issuing Summons to Unknown Occupant/John Doe We ran into a the same issue last week with a property in Okaloosa County. The Clerk of Court told us we can file a Motion with the judge to order the Summons to John Doe/Unknown Occupant, but that the sheriff would not execute the Writ of Possession. We then called the Civil Process department at the sheriff's and the representative told us that the sheriff will not serve a Writ of Possession on John Doe/Unknown Occupant. Kristopher E. Fernandez, Esquire Florida Bar Board Certified Real Estate Attorney 114 S. Fremont Avenue Tampa, FL 33606 (813) 832-6340 (813) 601-3257 (after hours) (813) 251-0438 (fax) NOTICE: This email (including any attachments) is covered by the Electronic Communications Privacy Act, 18 U.S.C. Sections 2510-2521, is confidential and legally privileged. If you are not the intended recipient, you are hereby notified that any retention, distribution or copying of this communication is strictly prohibited. Please reply to the sender that you received the message in error and then delete it. Thank you. From: landten-bounces@lists.flabarrpptl.org <mailto:landten-bounces@lists.flabarrpptl.org> <landten-bounces@lists.flabarrpptl.org <mailto:landten-bounces@lists.flabarrpptl.org> > On Behalf Of RPPTL Real Estate Leasing Committee Sent: Thursday, January 7, 2021 2:41 PM To: landten@lists.flabarrpptl.org <mailto:landten@lists.flabarrpptl.org> Subject: [RPPTL Leasing Committee] Unlawful Detainer Eviction - Issuing Summons to Unknown Occupant/John Doe Hello all, Does anyone know of any quick case law to support issuing a summons to an Unknown Occupant/John Doe in an eviction context? I.e., something in the case law or Rules to support not naming a Defendant, when their name isn't known? A client in Alachua is dealing with a squatter, and sent it to our firm as an unlawful detainer eviction. As we do in all other counties, we filed naming the Defendant as "Unknown Occupant" since the property doesn't know who is inside. While all other counties have processed our past cases against "Unknown Occupant" without issue, the Alachua clerk refused to issue a summons. They stated that they could only issue a summons against a named person. I talked to the clerk, then the clerk's supervisor, and then the General Counsel for the Clerk. All gave me the same answer, that it was against the law to issue a summons against an unnamed party. When I said that every other county issued eviction summons against "Unknown Occupant" without any pushback, the General Counsel said that every other county was in violation of the law and civil procedure. When I asked how my client is supposed to file against a squatter they don't know the General Counsel said that all other unlawful detainers they filed listed a named person, and I was the first person to ever bring this issue up to them. The General Counsel also sent me their memo on Unknown Persons summonses, which is below. It cites one case. I Shephardized their case and it is still good law, however it was a case for money damages. My first thought was that the eviction for possession only is technically just against the premises, not the actual person, so that could be a way to distinguish. I haven't been able to find anything exactly on point. SUMMONSES ON UNKNOWN PERSONS PROCEDURE Effective January 15, 2009. the Clerk's Office established its policy of not issuing summonses on and unknown persons. This is based on research determining the Clerk's Office has no authority to issue a summons on an unknown person or a John/Jane Doe as a John Doe complaint does not commence an action against the real party. See Grantham v. Blount, Inc., 683 So.2d 538 (2d DCA 1996), ("we choose to treat a John Doe complaint in the same manner we treat a complaint that contains a substantially incorrect identification of the defendant and hold that it does not commence an action against the real party"). Thanks in advance for the help, Matt Matthew Siegel, Esq. Countryside Colonial Center 2753 SR 580, Suite 209 Clearwater, FL 33761-3351 P 727-726-1900 F 727-726-7440 <mailto:matt@mgfdlaw.com> matt@mgfdlaw.com Primary Eservice: <mailto:eservice@mgfdlaw.com> eservice@mgfdlaw.com