Empathy List Archives

NB

Neil B. Shoter

Thu, Dec 30, 2010 2:38 PM

As you know, our Committee has been involved this year in proposing statutory revisions to Sections 713.10 and 713.13. The attached Amicus brief may be of interest as well as Art Menor's insightful comments below. Thanks to Art for his continuing diligence on these issues.

Neil

[http://www.shutts.com/shutts100.jpg]
Neil B. Shoter
Partner / LEED Accredited Professional

Shutts & Bowen LLP
1100 CityPlace Tower, 525 Okeechobee Boulevard | West Palm Beach, FL 33401
Direct: (561) 650-8535 | Fax: (561) 822-5525
E-Mailmailto:NShoter@shutts.com | Biographyhttp://www.shutts.com/index.cfm/fa/attorney.bio/atty/466a1d2b-4049-425b-af4b-a56f3cb8a441/Neil_B_Shoter.cfm/ | V-Cardhttp://www.shutts.com/index.cfm/fa/attorney.vcf/atty/466a1d2b-4049-425b-af4b-a56f3cb8a441/Neil_B_Shoter.cfm/ | Websitehttp://www.shutts.com/

From: Arthur J. Menor
Sent: Wednesday, December 29, 2010 5:59 PM
To: 'Reese J. Henderson, Jr.'; 'bawolf@smithcurrie.com'
Cc: 'gmeyer@carltonfields.com'; Margaret A. Rolando; Neil B. Shoter; 'SAFrank@arnstein.com'; 'fred.dudley@hklaw.com'; John W. Little III (jlittle@brighammoore.com); Peter M. Dunbar; 'Michael J. Gelfand'
Subject: Amendments to Sections 713.10 and 713.13

Attached is an Amicus Curiae Brief filed by the AGC in an appeal to the Fourth District Court of Appeal by a contractor whose construction lien foreclosure action against a landlord was dismissed by the trial court based on a Notice of Lien Prohibition recorded by the landlord pursuant to Section 713.10. Note that the AGC is arguing that (1) by signing the Notice of Commencement (which the City required be signed by the landlord instead of the tenant) the landlord waived the protections of Section 713.13; (2) the landlord was using the tenant as a straw man to construct the improvements for the landlord and thereby to shield the improvements from lien liability; and (3) based on Everglades Electric the court should not have dismissed the contractor's claim because the Notice of Lien Prohibition was (based on Everglades) defective on its face and the contractor should be allowed discovery to review all of the leases at the property.

Certainly, the first argument validates our rationale in seeking amendments to Section 713.13. Also, the second and third arguments illustrate some of the fall out from Everglades and the need for greater certainty in this area of the law which our amendments to Section 713.10 should help provide.

[http://www.shutts.com/shutts100.jpg]
Arthur J. Menor
Partner

Shutts & Bowen LLP
1100 CityPlace Tower, 525 Okeechobee Boulevard | West Palm Beach, FL 33401
Direct: (561) 650-8510 | Fax: (561) 822-5510
E-Mailmailto:AMenor@shutts.com | Biographyhttp://www.shutts.com/index.cfm/fa/attorney.bio/atty/8051073b-833e-444a-8b57-a6912a6d5435/Arthur_J_Menor.cfm/ | V-Cardhttp://www.shutts.com/index.cfm/fa/attorney.vcf/atty/8051073b-833e-444a-8b57-a6912a6d5435/Arthur_J_Menor.cfm/ | Websitehttp://www.shutts.com/

</pre>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. The information in this email transmission is privileged and confidential. If you are not the intended recipient, nor the employee or agent responsible for delivering it to the intended recipient, you are hereby notified that any dissemination or copying of this transmission (including any attachments) is strictly prohibited. If you have received this email in error, please notify the sender by email reply. Thank you. <pre>

As you know, our Committee has been involved this year in proposing statutory revisions to Sections 713.10 and 713.13. The attached Amicus brief may be of interest as well as Art Menor's insightful comments below. Thanks to Art for his continuing diligence on these issues. Neil [http://www.shutts.com/shutts100.jpg] Neil B. Shoter Partner / LEED Accredited Professional ________________________________ Shutts & Bowen LLP 1100 CityPlace Tower, 525 Okeechobee Boulevard | West Palm Beach, FL 33401 Direct: (561) 650-8535 | Fax: (561) 822-5525 E-Mail<mailto:NShoter@shutts.com> | Biography<http://www.shutts.com/index.cfm/fa/attorney.bio/atty/466a1d2b-4049-425b-af4b-a56f3cb8a441/Neil_B_Shoter.cfm/> | V-Card<http://www.shutts.com/index.cfm/fa/attorney.vcf/atty/466a1d2b-4049-425b-af4b-a56f3cb8a441/Neil_B_Shoter.cfm/> | Website<http://www.shutts.com/> ________________________________ From: Arthur J. Menor Sent: Wednesday, December 29, 2010 5:59 PM To: 'Reese J. Henderson, Jr.'; 'bawolf@smithcurrie.com' Cc: 'gmeyer@carltonfields.com'; Margaret A. Rolando; Neil B. Shoter; 'SAFrank@arnstein.com'; 'fred.dudley@hklaw.com'; John W. Little III (jlittle@brighammoore.com); Peter M. Dunbar; 'Michael J. Gelfand' Subject: Amendments to Sections 713.10 and 713.13 Attached is an Amicus Curiae Brief filed by the AGC in an appeal to the Fourth District Court of Appeal by a contractor whose construction lien foreclosure action against a landlord was dismissed by the trial court based on a Notice of Lien Prohibition recorded by the landlord pursuant to Section 713.10. Note that the AGC is arguing that (1) by signing the Notice of Commencement (which the City required be signed by the landlord instead of the tenant) the landlord waived the protections of Section 713.13; (2) the landlord was using the tenant as a straw man to construct the improvements for the landlord and thereby to shield the improvements from lien liability; and (3) based on Everglades Electric the court should not have dismissed the contractor's claim because the Notice of Lien Prohibition was (based on Everglades) defective on its face and the contractor should be allowed discovery to review all of the leases at the property. Certainly, the first argument validates our rationale in seeking amendments to Section 713.13. Also, the second and third arguments illustrate some of the fall out from Everglades and the need for greater certainty in this area of the law which our amendments to Section 713.10 should help provide. [http://www.shutts.com/shutts100.jpg] Arthur J. Menor Partner ________________________________ Shutts & Bowen LLP 1100 CityPlace Tower, 525 Okeechobee Boulevard | West Palm Beach, FL 33401 Direct: (561) 650-8510 | Fax: (561) 822-5510 E-Mail<mailto:AMenor@shutts.com> | Biography<http://www.shutts.com/index.cfm/fa/attorney.bio/atty/8051073b-833e-444a-8b57-a6912a6d5435/Arthur_J_Menor.cfm/> | V-Card<http://www.shutts.com/index.cfm/fa/attorney.vcf/atty/8051073b-833e-444a-8b57-a6912a6d5435/Arthur_J_Menor.cfm/> | Website<http://www.shutts.com/> </pre>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. The information in this email transmission is privileged and confidential. If you are not the intended recipient, nor the employee or agent responsible for delivering it to the intended recipient, you are hereby notified that any dissemination or copying of this transmission (including any attachments) is strictly prohibited. If you have received this email in error, please notify the sender by email reply. Thank you. <pre>

GP

George Pincus

Thu, Jan 20, 2011 4:58 PM

A prospective client (out of state commercial office building owner) has asked me to review and comment on the form of lease used for its Florida buildings.

The Lease has a pretty normal looking default and remedies clause. It also has an arbitration clause, saying that disputes are to be resolved through AAA arbitration.

What do you guys this about this (I'm not disclosing my personal bias, but those of you that know me probably know my take on this)?

Thanks for your comments.

George A. Pincus, Esq.
Stearns Weaver Miller Weissler
Alhadeff & Sitterson, P.A.
New River Center, Suite 2100
200 East Las Olas Boulevard
Ft. Lauderdale, FL 33301
Telephone: 954-766-9705
Facsimile: 954-766-9719
E-mail: gpincus@stearnsweaver.com mailto:gpincus@swmwas.com
www.stearnsweaver.com

CONFIDENTIALITY NOTICE: The information contained in this E-mail message is attorney privileged and confidential information intended only for the use of the individual(s) named above. If the reader of this message is not the intended recipient, you are hereby notified that any dissemination, distribution or copy of this communication is strictly prohibited. If you have received this communication in error, please contact the sender by reply E-mail and destroy all copies of the original message. Thank you.

CIRCULAR 230 DISCLOSURE: To ensure compliance with recently-enacted U.S. Treasury Department Regulations, we are now required to advise you that, unless otherwise expressly indicated, any federal tax advice contained in this communication, including any attachments, is not intended or written by us to be used, and cannot be used, by anyone for the purpose of avoiding federal tax penalties that may be imposed by the federal government or for promoting, marketing or recommending to another party any tax-related matters addressed herein.

A prospective client (out of state commercial office building owner) has asked me to review and comment on the form of lease used for its Florida buildings. The Lease has a pretty normal looking default and remedies clause. It also has an arbitration clause, saying that disputes are to be resolved through AAA arbitration. What do you guys this about this (I'm not disclosing my personal bias, but those of you that know me probably know my take on this)? Thanks for your comments. George A. Pincus, Esq. Stearns Weaver Miller Weissler Alhadeff & Sitterson, P.A. New River Center, Suite 2100 200 East Las Olas Boulevard Ft. Lauderdale, FL 33301 Telephone: 954-766-9705 Facsimile: 954-766-9719 E-mail: gpincus@stearnsweaver.com<mailto:gpincus@swmwas.com> www.stearnsweaver.com ________________________________ CONFIDENTIALITY NOTICE: The information contained in this E-mail message is attorney privileged and confidential information intended only for the use of the individual(s) named above. If the reader of this message is not the intended recipient, you are hereby notified that any dissemination, distribution or copy of this communication is strictly prohibited. If you have received this communication in error, please contact the sender by reply E-mail and destroy all copies of the original message. Thank you. ________________________________ CIRCULAR 230 DISCLOSURE: To ensure compliance with recently-enacted U.S. Treasury Department Regulations, we are now required to advise you that, unless otherwise expressly indicated, any federal tax advice contained in this communication, including any attachments, is not intended or written by us to be used, and cannot be used, by anyone for the purpose of avoiding federal tax penalties that may be imposed by the federal government or for promoting, marketing or recommending to another party any tax-related matters addressed herein.

L

lesstevens

Thu, Jan 20, 2011 5:04 PM

Taking it out of the court's hands will, obviously, only delay things, and
unless there is a requirement during arbitration to place the rent money in
an escrow or to continue paying, it's a waste of time...and knowing you
George, that's your thinking too..Long Time No Talk..Hope all is well.

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

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] On Behalf Of George Pincus
Sent: Thursday, January 20, 2011 11:59 AM
To: 'RPPTL Landlord Tenant Committee'
Subject: [RPPTL LandTen] Arbitration Clauses in Commercial Lease?

A prospective client (out of state commercial office building owner) has
asked me to review and comment on the form of lease used for its Florida
buildings.

The Lease has a pretty normal looking default and remedies clause. It also
has an arbitration clause, saying that disputes are to be resolved through
AAA arbitration.

What do you guys this about this (I'm not disclosing my personal bias, but
those of you that know me probably know my take on this)?

Thanks for your comments.

George A. Pincus, Esq.

Stearns Weaver Miller Weissler

Alhadeff & Sitterson, P.A.

New River Center, Suite 2100

200 East Las Olas Boulevard

Ft. Lauderdale, FL 33301

Telephone: 954-766-9705

Facsimile: 954-766-9719

E-mail: gpincus@stearnsweaver.com mailto:gpincus@swmwas.com

www.stearnsweaver.com

CONFIDENTIALITY NOTICE: The information contained in this E-mail message is
attorney privileged and confidential information intended only for the use
of the individual(s) named above. If the reader of this message is not the
intended recipient, you are hereby notified that any dissemination,
distribution or copy of this communication is strictly prohibited. If you
have received this communication in error, please contact the sender by
reply E-mail and destroy all copies of the original message. Thank you.

CIRCULAR 230 DISCLOSURE: To ensure compliance with recently-enacted U.S.
Treasury Department Regulations, we are now required to advise you that,
unless otherwise expressly indicated, any federal tax advice contained in
this communication, including any attachments, is not intended or written by
us to be used, and cannot be used, by anyone for the purpose of avoiding
federal tax penalties that may be imposed by the federal government or for
promoting, marketing or recommending to another party any tax-related
matters addressed herein.

Taking it out of the court's hands will, obviously, only delay things, and unless there is a requirement during arbitration to place the rent money in an escrow or to continue paying, it's a waste of time...and knowing you George, that's your thinking too..Long Time No Talk..Hope all is well. 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 ____________________________________________________________________________ __________________________________ 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] On Behalf Of George Pincus Sent: Thursday, January 20, 2011 11:59 AM To: 'RPPTL Landlord Tenant Committee' Subject: [RPPTL LandTen] Arbitration Clauses in Commercial Lease? A prospective client (out of state commercial office building owner) has asked me to review and comment on the form of lease used for its Florida buildings. The Lease has a pretty normal looking default and remedies clause. It also has an arbitration clause, saying that disputes are to be resolved through AAA arbitration. What do you guys this about this (I'm not disclosing my personal bias, but those of you that know me probably know my take on this)? Thanks for your comments. George A. Pincus, Esq. Stearns Weaver Miller Weissler Alhadeff & Sitterson, P.A. New River Center, Suite 2100 200 East Las Olas Boulevard Ft. Lauderdale, FL 33301 Telephone: 954-766-9705 Facsimile: 954-766-9719 E-mail: gpincus@stearnsweaver.com <mailto:gpincus@swmwas.com> www.stearnsweaver.com _____ CONFIDENTIALITY NOTICE: The information contained in this E-mail message is attorney privileged and confidential information intended only for the use of the individual(s) named above. If the reader of this message is not the intended recipient, you are hereby notified that any dissemination, distribution or copy of this communication is strictly prohibited. If you have received this communication in error, please contact the sender by reply E-mail and destroy all copies of the original message. Thank you. _____ CIRCULAR 230 DISCLOSURE: To ensure compliance with recently-enacted U.S. Treasury Department Regulations, we are now required to advise you that, unless otherwise expressly indicated, any federal tax advice contained in this communication, including any attachments, is not intended or written by us to be used, and cannot be used, by anyone for the purpose of avoiding federal tax penalties that may be imposed by the federal government or for promoting, marketing or recommending to another party any tax-related matters addressed herein.

NB

Neil B. Shoter

Thu, Jan 20, 2011 5:07 PM

I would typically use arbitration clauses for very specific items requiring short or expert knowledge determination, such as CAM reconciliation, assignment consents, and self-help disputes. Leaving the general default process to the eviction process. Maybe the litigation folks can opine on that as well.

Neil

[http://www.shutts.com/shutts100.jpg]
Neil B. Shoter
Partner / LEED Accredited Professional

Shutts & Bowen LLP
1100 CityPlace Tower, 525 Okeechobee Boulevard | West Palm Beach, FL 33401
Direct: (561) 650-8535 | Fax: (561) 822-5525
E-Mailmailto:NShoter@shutts.com | Biographyhttp://www.shutts.com/index.cfm/fa/attorney.bio/atty/466a1d2b-4049-425b-af4b-a56f3cb8a441/Neil_B_Shoter.cfm/ | V-Cardhttp://www.shutts.com/index.cfm/fa/attorney.vcf/atty/466a1d2b-4049-425b-af4b-a56f3cb8a441/Neil_B_Shoter.cfm/ | Websitehttp://www.shutts.com/

From: landten-bounces@lists.flabarrpptl.org [mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of George Pincus
Sent: Thursday, January 20, 2011 11:59 AM
To: 'RPPTL Landlord Tenant Committee'
Subject: [RPPTL LandTen] Arbitration Clauses in Commercial Lease?

A prospective client (out of state commercial office building owner) has asked me to review and comment on the form of lease used for its Florida buildings.

The Lease has a pretty normal looking default and remedies clause. It also has an arbitration clause, saying that disputes are to be resolved through AAA arbitration.

What do you guys this about this (I'm not disclosing my personal bias, but those of you that know me probably know my take on this)?

Thanks for your comments.

George A. Pincus, Esq.
Stearns Weaver Miller Weissler
Alhadeff & Sitterson, P.A.
New River Center, Suite 2100
200 East Las Olas Boulevard
Ft. Lauderdale, FL 33301
Telephone: 954-766-9705
Facsimile: 954-766-9719
E-mail: gpincus@stearnsweaver.com mailto:gpincus@swmwas.com
www.stearnsweaver.com

CONFIDENTIALITY NOTICE: The information contained in this E-mail message is attorney privileged and confidential information intended only for the use of the individual(s) named above. If the reader of this message is not the intended recipient, you are hereby notified that any dissemination, distribution or copy of this communication is strictly prohibited. If you have received this communication in error, please contact the sender by reply E-mail and destroy all copies of the original message. Thank you.

CIRCULAR 230 DISCLOSURE: To ensure compliance with recently-enacted U.S. Treasury Department Regulations, we are now required to advise you that, unless otherwise expressly indicated, any federal tax advice contained in this communication, including any attachments, is not intended or written by us to be used, and cannot be used, by anyone for the purpose of avoiding federal tax penalties that may be imposed by the federal government or for promoting, marketing or recommending to another party any tax-related matters addressed herein.
</pre>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. The information in this email transmission is privileged and confidential. If you are not the intended recipient, nor the employee or agent responsible for delivering it to the intended recipient, you are hereby notified that any dissemination or copying of this transmission (including any attachments) is strictly prohibited. If you have received this email in error, please notify the sender by email reply. Thank you. <pre>

I would typically use arbitration clauses for very specific items requiring short or expert knowledge determination, such as CAM reconciliation, assignment consents, and self-help disputes. Leaving the general default process to the eviction process. Maybe the litigation folks can opine on that as well. Neil [http://www.shutts.com/shutts100.jpg] Neil B. Shoter Partner / LEED Accredited Professional ________________________________ Shutts & Bowen LLP 1100 CityPlace Tower, 525 Okeechobee Boulevard | West Palm Beach, FL 33401 Direct: (561) 650-8535 | Fax: (561) 822-5525 E-Mail<mailto:NShoter@shutts.com> | Biography<http://www.shutts.com/index.cfm/fa/attorney.bio/atty/466a1d2b-4049-425b-af4b-a56f3cb8a441/Neil_B_Shoter.cfm/> | V-Card<http://www.shutts.com/index.cfm/fa/attorney.vcf/atty/466a1d2b-4049-425b-af4b-a56f3cb8a441/Neil_B_Shoter.cfm/> | Website<http://www.shutts.com/> ________________________________ From: landten-bounces@lists.flabarrpptl.org [mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of George Pincus Sent: Thursday, January 20, 2011 11:59 AM To: 'RPPTL Landlord Tenant Committee' Subject: [RPPTL LandTen] Arbitration Clauses in Commercial Lease? A prospective client (out of state commercial office building owner) has asked me to review and comment on the form of lease used for its Florida buildings. The Lease has a pretty normal looking default and remedies clause. It also has an arbitration clause, saying that disputes are to be resolved through AAA arbitration. What do you guys this about this (I'm not disclosing my personal bias, but those of you that know me probably know my take on this)? Thanks for your comments. George A. Pincus, Esq. Stearns Weaver Miller Weissler Alhadeff & Sitterson, P.A. New River Center, Suite 2100 200 East Las Olas Boulevard Ft. Lauderdale, FL 33301 Telephone: 954-766-9705 Facsimile: 954-766-9719 E-mail: gpincus@stearnsweaver.com<mailto:gpincus@swmwas.com> www.stearnsweaver.com ________________________________ CONFIDENTIALITY NOTICE: The information contained in this E-mail message is attorney privileged and confidential information intended only for the use of the individual(s) named above. If the reader of this message is not the intended recipient, you are hereby notified that any dissemination, distribution or copy of this communication is strictly prohibited. If you have received this communication in error, please contact the sender by reply E-mail and destroy all copies of the original message. Thank you. ________________________________ CIRCULAR 230 DISCLOSURE: To ensure compliance with recently-enacted U.S. Treasury Department Regulations, we are now required to advise you that, unless otherwise expressly indicated, any federal tax advice contained in this communication, including any attachments, is not intended or written by us to be used, and cannot be used, by anyone for the purpose of avoiding federal tax penalties that may be imposed by the federal government or for promoting, marketing or recommending to another party any tax-related matters addressed herein. </pre>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. The information in this email transmission is privileged and confidential. If you are not the intended recipient, nor the employee or agent responsible for delivering it to the intended recipient, you are hereby notified that any dissemination or copying of this transmission (including any attachments) is strictly prohibited. If you have received this email in error, please notify the sender by email reply. Thank you. <pre>

DW

David Weisman

Thu, Jan 20, 2011 5:09 PM

Skip the AAA and go right to court.

David Weisman
Board Certified Real Estate Lawyer
Greenspoon Marder, P.A.
Trade Center South, Suite 700
100 West Cypress Creek Road
Ft. Lauderdale, FL 33309
Phone 954-491-1120
Toll Free 888-491-1120
Direct Phone 954-343-6941
Direct Fax 954-343-6942

[cid:image001.png@01CBB89A.D6895570]

From: landten-bounces@lists.flabarrpptl.org [mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of George Pincus
Sent: Thursday, January 20, 2011 11:59 AM
To: 'RPPTL Landlord Tenant Committee'
Subject: [RPPTL LandTen] Arbitration Clauses in Commercial Lease?

A prospective client (out of state commercial office building owner) has asked me to review and comment on the form of lease used for its Florida buildings.

The Lease has a pretty normal looking default and remedies clause. It also has an arbitration clause, saying that disputes are to be resolved through AAA arbitration.

What do you guys this about this (I'm not disclosing my personal bias, but those of you that know me probably know my take on this)?

Thanks for your comments.

George A. Pincus, Esq.
Stearns Weaver Miller Weissler
Alhadeff & Sitterson, P.A.
New River Center, Suite 2100
200 East Las Olas Boulevard
Ft. Lauderdale, FL 33301
Telephone: 954-766-9705
Facsimile: 954-766-9719
E-mail: gpincus@stearnsweaver.com mailto:gpincus@swmwas.com
www.stearnsweaver.com

CONFIDENTIALITY NOTICE: The information contained in this E-mail message is attorney privileged and confidential information intended only for the use of the individual(s) named above. If the reader of this message is not the intended recipient, you are hereby notified that any dissemination, distribution or copy of this communication is strictly prohibited. If you have received this communication in error, please contact the sender by reply E-mail and destroy all copies of the original message. Thank you.

CIRCULAR 230 DISCLOSURE: To ensure compliance with recently-enacted U.S. Treasury Department Regulations, we are now required to advise you that, unless otherwise expressly indicated, any federal tax advice contained in this communication, including any attachments, is not intended or written by us to be used, and cannot be used, by anyone for the purpose of avoiding federal tax penalties that may be imposed by the federal government or for promoting, marketing or recommending to another party any tax-related matters addressed herein.

The information contained in this transmission may be attorney/client privileged and confidential. It is intended only for the use of the individual or entity named above. If the reader of this message is not the intended recipient, you are hereby notified that any dissemination, distribution or copying of this communication is strictly prohibited. If you have
received this communication in error, please notify us immediately by reply e-mail.

Pursuant to Internal Revenue Service guidance, be advised that any federal tax advice contained in this written or electronic communication, including any attachments or enclosures, is not intended or written to be used and it
cannot be used by any person or entity for the purpose of (i) avoiding any tax penalties that may be imposed by the Internal Revenue Service or any other U.S. Federal taxing authority or agency or (ii) promoting, marketing or recommending to another party any transaction or matter addressed herein.

Skip the AAA and go right to court. David Weisman Board Certified Real Estate Lawyer Greenspoon Marder, P.A. Trade Center South, Suite 700 100 West Cypress Creek Road Ft. Lauderdale, FL 33309 Phone 954-491-1120 Toll Free 888-491-1120 Direct Phone 954-343-6941 Direct Fax 954-343-6942 [cid:image001.png@01CBB89A.D6895570] From: landten-bounces@lists.flabarrpptl.org [mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of George Pincus Sent: Thursday, January 20, 2011 11:59 AM To: 'RPPTL Landlord Tenant Committee' Subject: [RPPTL LandTen] Arbitration Clauses in Commercial Lease? A prospective client (out of state commercial office building owner) has asked me to review and comment on the form of lease used for its Florida buildings. The Lease has a pretty normal looking default and remedies clause. It also has an arbitration clause, saying that disputes are to be resolved through AAA arbitration. What do you guys this about this (I'm not disclosing my personal bias, but those of you that know me probably know my take on this)? Thanks for your comments. George A. Pincus, Esq. Stearns Weaver Miller Weissler Alhadeff & Sitterson, P.A. New River Center, Suite 2100 200 East Las Olas Boulevard Ft. Lauderdale, FL 33301 Telephone: 954-766-9705 Facsimile: 954-766-9719 E-mail: gpincus@stearnsweaver.com<mailto:gpincus@swmwas.com> www.stearnsweaver.com ________________________________ CONFIDENTIALITY NOTICE: The information contained in this E-mail message is attorney privileged and confidential information intended only for the use of the individual(s) named above. If the reader of this message is not the intended recipient, you are hereby notified that any dissemination, distribution or copy of this communication is strictly prohibited. If you have received this communication in error, please contact the sender by reply E-mail and destroy all copies of the original message. Thank you. ________________________________ CIRCULAR 230 DISCLOSURE: To ensure compliance with recently-enacted U.S. Treasury Department Regulations, we are now required to advise you that, unless otherwise expressly indicated, any federal tax advice contained in this communication, including any attachments, is not intended or written by us to be used, and cannot be used, by anyone for the purpose of avoiding federal tax penalties that may be imposed by the federal government or for promoting, marketing or recommending to another party any tax-related matters addressed herein. The information contained in this transmission may be attorney/client privileged and confidential. It is intended only for the use of the individual or entity named above. If the reader of this message is not the intended recipient, you are hereby notified that any dissemination, distribution or copying of this communication is strictly prohibited. If you have received this communication in error, please notify us immediately by reply e-mail. Pursuant to Internal Revenue Service guidance, be advised that any federal tax advice contained in this written or electronic communication, including any attachments or enclosures, is not intended or written to be used and it cannot be used by any person or entity for the purpose of (i) avoiding any tax penalties that may be imposed by the Internal Revenue Service or any other U.S. Federal taxing authority or agency or (ii) promoting, marketing or recommending to another party any transaction or matter addressed herein.

RG

Rick G. Emmanuel

Thu, Jan 20, 2011 5:43 PM

I agree.

Rick

Patrick G. Emmanuel, Jr., Esq.
Board Certified Real Estate Lawyer
Emmanuel, Sheppard & Condon, P.A.
30 South Spring Street
Pensacola, FL 32502
Telephone: (850) 433-6581
Facsimile: (850) 433-6162

CONFIDENTIALITY STATEMENT:

This e-mail message and all attachments transmitted with it may contain legally privileged and confidential information intended solely for the use of the addressee. If the reader of this message is not the intended recipient, you are hereby notified that any reading, dissemination, distribution, copying, or other use of this message or its attachments is strictly prohibited. If you have received this message in error, please notify the sender immediately by telephone (850-433-6581) or by electronic mail (rge@esclaw.com mailto:rge@esclaw.com) and then delete this message and all copies and backups thereof. Thank you.

From: landten-bounces@lists.flabarrpptl.org [mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of David Weisman
Sent: Thursday, January 20, 2011 11:09 AM
To: RPPTL Landlord Tenant Committee
Subject: Re: [RPPTL LandTen] Arbitration Clauses in Commercial Lease?

Skip the AAA and go right to court.

David Weisman
Board Certified Real Estate Lawyer
Greenspoon Marder, P.A.
Trade Center South, Suite 700
100 West Cypress Creek Road
Ft. Lauderdale, FL 33309
Phone 954-491-1120
Toll Free 888-491-1120
Direct Phone 954-343-6941
Direct Fax 954-343-6942

[cid:461454217@20012011-2FE4]

From: landten-bounces@lists.flabarrpptl.org [mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of George Pincus
Sent: Thursday, January 20, 2011 11:59 AM
To: 'RPPTL Landlord Tenant Committee'
Subject: [RPPTL LandTen] Arbitration Clauses in Commercial Lease?

A prospective client (out of state commercial office building owner) has asked me to review and comment on the form of lease used for its Florida buildings.

The Lease has a pretty normal looking default and remedies clause. It also has an arbitration clause, saying that disputes are to be resolved through AAA arbitration.

What do you guys this about this (I'm not disclosing my personal bias, but those of you that know me probably know my take on this)?

Thanks for your comments.

George A. Pincus, Esq.
Stearns Weaver Miller Weissler
Alhadeff & Sitterson, P.A.
New River Center, Suite 2100
200 East Las Olas Boulevard
Ft. Lauderdale, FL 33301
Telephone: 954-766-9705
Facsimile: 954-766-9719
E-mail: gpincus@stearnsweaver.com mailto:gpincus@swmwas.com
www.stearnsweaver.com

CONFIDENTIALITY NOTICE: The information contained in this E-mail message is attorney privileged and confidential information intended only for the use of the individual(s) named above. If the reader of this message is not the intended recipient, you are hereby notified that any dissemination, distribution or copy of this communication is strictly prohibited. If you have received this communication in error, please contact the sender by reply E-mail and destroy all copies of the original message. Thank you.

CIRCULAR 230 DISCLOSURE: To ensure compliance with recently-enacted U.S. Treasury Department Regulations, we are now required to advise you that, unless otherwise expressly indicated, any federal tax advice contained in this communication, including any attachments, is not intended or written by us to be used, and cannot be used, by anyone for the purpose of avoiding federal tax penalties that may be imposed by the federal government or for promoting, marketing or recommending to another party any tax-related matters addressed herein.

The information contained in this transmission may be attorney/client privileged and confidential. It is intended only for the use of the individual or entity named above. If the reader of this message is not the intended recipient, you are hereby notified that any dissemination, distribution or copying of this communication is strictly prohibited. If you have
received this communication in error, please notify us immediately by reply e-mail.

Pursuant to Internal Revenue Service guidance, be advised that any federal tax advice contained in this written or electronic communication, including any attachments or enclosures, is not intended or written to be used and it
cannot be used by any person or entity for the purpose of (i) avoiding any tax penalties that may be imposed by the Internal Revenue Service or any other U.S. Federal taxing authority or agency or (ii) promoting, marketing or recommending to another party any transaction or matter addressed herein.

I agree. Rick Patrick G. Emmanuel, Jr., Esq. Board Certified Real Estate Lawyer Emmanuel, Sheppard & Condon, P.A. 30 South Spring Street Pensacola, FL 32502 Telephone: (850) 433-6581 Facsimile: (850) 433-6162 CONFIDENTIALITY STATEMENT: This e-mail message and all attachments transmitted with it may contain legally privileged and confidential information intended solely for the use of the addressee. If the reader of this message is not the intended recipient, you are hereby notified that any reading, dissemination, distribution, copying, or other use of this message or its attachments is strictly prohibited. If you have received this message in error, please notify the sender immediately by telephone (850-433-6581) or by electronic mail (rge@esclaw.com<mailto:rge@esclaw.com>) and then delete this message and all copies and backups thereof. Thank you. ________________________________ From: landten-bounces@lists.flabarrpptl.org [mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of David Weisman Sent: Thursday, January 20, 2011 11:09 AM To: RPPTL Landlord Tenant Committee Subject: Re: [RPPTL LandTen] Arbitration Clauses in Commercial Lease? Skip the AAA and go right to court. David Weisman Board Certified Real Estate Lawyer Greenspoon Marder, P.A. Trade Center South, Suite 700 100 West Cypress Creek Road Ft. Lauderdale, FL 33309 Phone 954-491-1120 Toll Free 888-491-1120 Direct Phone 954-343-6941 Direct Fax 954-343-6942 [cid:461454217@20012011-2FE4] From: landten-bounces@lists.flabarrpptl.org [mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of George Pincus Sent: Thursday, January 20, 2011 11:59 AM To: 'RPPTL Landlord Tenant Committee' Subject: [RPPTL LandTen] Arbitration Clauses in Commercial Lease? A prospective client (out of state commercial office building owner) has asked me to review and comment on the form of lease used for its Florida buildings. The Lease has a pretty normal looking default and remedies clause. It also has an arbitration clause, saying that disputes are to be resolved through AAA arbitration. What do you guys this about this (I'm not disclosing my personal bias, but those of you that know me probably know my take on this)? Thanks for your comments. George A. Pincus, Esq. Stearns Weaver Miller Weissler Alhadeff & Sitterson, P.A. New River Center, Suite 2100 200 East Las Olas Boulevard Ft. Lauderdale, FL 33301 Telephone: 954-766-9705 Facsimile: 954-766-9719 E-mail: gpincus@stearnsweaver.com<mailto:gpincus@swmwas.com> www.stearnsweaver.com ________________________________ CONFIDENTIALITY NOTICE: The information contained in this E-mail message is attorney privileged and confidential information intended only for the use of the individual(s) named above. If the reader of this message is not the intended recipient, you are hereby notified that any dissemination, distribution or copy of this communication is strictly prohibited. If you have received this communication in error, please contact the sender by reply E-mail and destroy all copies of the original message. Thank you. ________________________________ CIRCULAR 230 DISCLOSURE: To ensure compliance with recently-enacted U.S. Treasury Department Regulations, we are now required to advise you that, unless otherwise expressly indicated, any federal tax advice contained in this communication, including any attachments, is not intended or written by us to be used, and cannot be used, by anyone for the purpose of avoiding federal tax penalties that may be imposed by the federal government or for promoting, marketing or recommending to another party any tax-related matters addressed herein. The information contained in this transmission may be attorney/client privileged and confidential. It is intended only for the use of the individual or entity named above. If the reader of this message is not the intended recipient, you are hereby notified that any dissemination, distribution or copying of this communication is strictly prohibited. If you have received this communication in error, please notify us immediately by reply e-mail. Pursuant to Internal Revenue Service guidance, be advised that any federal tax advice contained in this written or electronic communication, including any attachments or enclosures, is not intended or written to be used and it cannot be used by any person or entity for the purpose of (i) avoiding any tax penalties that may be imposed by the Internal Revenue Service or any other U.S. Federal taxing authority or agency or (ii) promoting, marketing or recommending to another party any transaction or matter addressed herein.

GH

Greg Hass

Thu, Jan 20, 2011 5:54 PM

I agree - I think a mandatory binding arbitration clause would be a
terrible idea from a commercial LL's perspective where the T has
possession and your goal is to get them evicted ASAP.

Greg Hass, Senior Counsel

Office of Law & Policy | FloridaRealtors(r)
7025 Augusta National Drive, Orlando, FL 32822
talk: 407.438.1400, ext. 2421
visit: http://www.floridarealtors.org

The Voice for Real Estate(r) in Florida

LEGAL DISCLAIMER: The information transmitted is intended solely for
the individual or entity to which it is addressed and may contain
confidential and/or privileged material. Any review, retransmission,
dissemination or other use of or taking action in reliance upon this
information by persons or entities other than the intended recipient is
prohibited. If you have received this email in error please contact the
sender and delete the material from any computer.

From: landten-bounces@lists.flabarrpptl.org
[mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of Rick G.
Emmanuel
Sent: Thursday, January 20, 2011 12:43 PM
To: 'RPPTL Landlord Tenant Committee'
Subject: Re: [RPPTL LandTen] Arbitration Clauses in Commercial Lease?

I agree.

Rick

Patrick G. Emmanuel, Jr., Esq.

Board Certified Real Estate Lawyer

Emmanuel, Sheppard & Condon, P.A.

30 South Spring Street

Pensacola, FL 32502

Telephone: (850) 433-6581

Facsimile: (850) 433-6162

CONFIDENTIALITY STATEMENT:

This e-mail message and all attachments transmitted with it may contain
legally privileged and confidential information intended solely for the
use of the addressee. If the reader of this message is not the intended
recipient, you are hereby notified that any reading, dissemination,
distribution, copying, or other use of this message or its attachments
is strictly prohibited. If you have received this message in error,
please notify the sender immediately by telephone (850-433-6581) or by
electronic mail (rge@esclaw.com) and then delete this message and all
copies and backups thereof. Thank you.

From: landten-bounces@lists.flabarrpptl.org
[mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of David
Weisman
Sent: Thursday, January 20, 2011 11:09 AM
To: RPPTL Landlord Tenant Committee
Subject: Re: [RPPTL LandTen] Arbitration Clauses in Commercial Lease?

Skip the AAA and go right to court.

David Weisman

Board Certified Real Estate Lawyer

Greenspoon Marder, P.A.

Trade Center South, Suite 700

100 West Cypress Creek Road

Ft. Lauderdale, FL 33309

Phone 954-491-1120

Toll Free 888-491-1120

Direct Phone 954-343-6941

Direct Fax 954-343-6942

From: landten-bounces@lists.flabarrpptl.org
[mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of George
Pincus
Sent: Thursday, January 20, 2011 11:59 AM
To: 'RPPTL Landlord Tenant Committee'
Subject: [RPPTL LandTen] Arbitration Clauses in Commercial Lease?

A prospective client (out of state commercial office building owner) has
asked me to review and comment on the form of lease used for its Florida
buildings.

The Lease has a pretty normal looking default and remedies clause. It
also has an arbitration clause, saying that disputes are to be resolved
through AAA arbitration.

What do you guys this about this (I'm not disclosing my personal bias,
but those of you that know me probably know my take on this)?

Thanks for your comments.

George A. Pincus, Esq.

Stearns Weaver Miller Weissler

Alhadeff & Sitterson, P.A.

New River Center, Suite 2100

200 East Las Olas Boulevard

Ft. Lauderdale, FL 33301

Telephone: 954-766-9705

Facsimile: 954-766-9719

E-mail: gpincus@stearnsweaver.com mailto:gpincus@swmwas.com

www.stearnsweaver.com

CONFIDENTIALITY NOTICE: The information contained in this E-mail message
is attorney privileged and confidential information intended only for
the use of the individual(s) named above. If the reader of this message
is not the intended recipient, you are hereby notified that any
dissemination, distribution or copy of this communication is strictly
prohibited. If you have received this communication in error, please
contact the sender by reply E-mail and destroy all copies of the
original message. Thank you.

CIRCULAR 230 DISCLOSURE: To ensure compliance with recently-enacted U.S.
Treasury Department Regulations, we are now required to advise you that,
unless otherwise expressly indicated, any federal tax advice contained
in this communication, including any attachments, is not intended or
written by us to be used, and cannot be used, by anyone for the purpose
of avoiding federal tax penalties that may be imposed by the federal
government or for promoting, marketing or recommending to another party
any tax-related matters addressed herein.

The information contained in this transmission may be attorney/client
privileged and confidential. It is intended only for the use of the
individual or entity named above. If the reader of this message is not
the intended recipient, you are hereby notified that any dissemination,
distribution or copying of this communication is strictly prohibited. If
you have
received this communication in error, please notify us immediately by
reply e-mail.

Pursuant to Internal Revenue Service guidance, be advised that any
federal tax advice contained in this written or electronic
communication, including any attachments or enclosures, is not intended
or written to be used and it
cannot be used by any person or entity for the purpose of (i) avoiding
any tax penalties that may be imposed by the Internal Revenue Service or
any other U.S. Federal taxing authority or agency or (ii) promoting,
marketing or recommending to another party any transaction or matter
addressed herein.

I agree - I think a mandatory binding arbitration clause would be a terrible idea from a commercial LL's perspective where the T has possession and your goal is to get them evicted ASAP. Greg Hass, Senior Counsel Office of Law & Policy | FloridaRealtors(r) 7025 Augusta National Drive, Orlando, FL 32822 talk: 407.438.1400, ext. 2421 visit: http://www.floridarealtors.org The Voice for Real Estate(r) in Florida LEGAL DISCLAIMER: The information transmitted is intended solely for the individual or entity to which it is addressed and may contain confidential and/or privileged material. Any review, retransmission, dissemination or other use of or taking action in reliance upon this information by persons or entities other than the intended recipient is prohibited. If you have received this email in error please contact the sender and delete the material from any computer. From: landten-bounces@lists.flabarrpptl.org [mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of Rick G. Emmanuel Sent: Thursday, January 20, 2011 12:43 PM To: 'RPPTL Landlord Tenant Committee' Subject: Re: [RPPTL LandTen] Arbitration Clauses in Commercial Lease? I agree. Rick Patrick G. Emmanuel, Jr., Esq. Board Certified Real Estate Lawyer Emmanuel, Sheppard & Condon, P.A. 30 South Spring Street Pensacola, FL 32502 Telephone: (850) 433-6581 Facsimile: (850) 433-6162 CONFIDENTIALITY STATEMENT: This e-mail message and all attachments transmitted with it may contain legally privileged and confidential information intended solely for the use of the addressee. If the reader of this message is not the intended recipient, you are hereby notified that any reading, dissemination, distribution, copying, or other use of this message or its attachments is strictly prohibited. If you have received this message in error, please notify the sender immediately by telephone (850-433-6581) or by electronic mail (rge@esclaw.com) and then delete this message and all copies and backups thereof. Thank you. ________________________________ From: landten-bounces@lists.flabarrpptl.org [mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of David Weisman Sent: Thursday, January 20, 2011 11:09 AM To: RPPTL Landlord Tenant Committee Subject: Re: [RPPTL LandTen] Arbitration Clauses in Commercial Lease? Skip the AAA and go right to court. David Weisman Board Certified Real Estate Lawyer Greenspoon Marder, P.A. Trade Center South, Suite 700 100 West Cypress Creek Road Ft. Lauderdale, FL 33309 Phone 954-491-1120 Toll Free 888-491-1120 Direct Phone 954-343-6941 Direct Fax 954-343-6942 From: landten-bounces@lists.flabarrpptl.org [mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of George Pincus Sent: Thursday, January 20, 2011 11:59 AM To: 'RPPTL Landlord Tenant Committee' Subject: [RPPTL LandTen] Arbitration Clauses in Commercial Lease? A prospective client (out of state commercial office building owner) has asked me to review and comment on the form of lease used for its Florida buildings. The Lease has a pretty normal looking default and remedies clause. It also has an arbitration clause, saying that disputes are to be resolved through AAA arbitration. What do you guys this about this (I'm not disclosing my personal bias, but those of you that know me probably know my take on this)? Thanks for your comments. George A. Pincus, Esq. Stearns Weaver Miller Weissler Alhadeff & Sitterson, P.A. New River Center, Suite 2100 200 East Las Olas Boulevard Ft. Lauderdale, FL 33301 Telephone: 954-766-9705 Facsimile: 954-766-9719 E-mail: gpincus@stearnsweaver.com <mailto:gpincus@swmwas.com> www.stearnsweaver.com ________________________________ CONFIDENTIALITY NOTICE: The information contained in this E-mail message is attorney privileged and confidential information intended only for the use of the individual(s) named above. If the reader of this message is not the intended recipient, you are hereby notified that any dissemination, distribution or copy of this communication is strictly prohibited. If you have received this communication in error, please contact the sender by reply E-mail and destroy all copies of the original message. Thank you. ________________________________ CIRCULAR 230 DISCLOSURE: To ensure compliance with recently-enacted U.S. Treasury Department Regulations, we are now required to advise you that, unless otherwise expressly indicated, any federal tax advice contained in this communication, including any attachments, is not intended or written by us to be used, and cannot be used, by anyone for the purpose of avoiding federal tax penalties that may be imposed by the federal government or for promoting, marketing or recommending to another party any tax-related matters addressed herein. The information contained in this transmission may be attorney/client privileged and confidential. It is intended only for the use of the individual or entity named above. If the reader of this message is not the intended recipient, you are hereby notified that any dissemination, distribution or copying of this communication is strictly prohibited. If you have received this communication in error, please notify us immediately by reply e-mail. Pursuant to Internal Revenue Service guidance, be advised that any federal tax advice contained in this written or electronic communication, including any attachments or enclosures, is not intended or written to be used and it cannot be used by any person or entity for the purpose of (i) avoiding any tax penalties that may be imposed by the Internal Revenue Service or any other U.S. Federal taxing authority or agency or (ii) promoting, marketing or recommending to another party any transaction or matter addressed herein.

LS

Lainie Simon

Thu, Jan 20, 2011 6:19 PM

NO

Lainie J. Simon, Esq.
185 NW Spanish River Boulevard
Suite 220
Boca Raton, FL 33431
561.997.1773
561.445.1361 (cell)
561.997.8448 (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.

On 1/20/11 11:58 AM, George Pincus wrote:

A prospective client (out of state commercial office building owner)
has asked me to review and comment on the form of lease used for its
Florida buildings.

The Lease has a pretty normal looking default and remedies clause. It
also has an arbitration clause, saying that disputes are to be
resolved through AAA arbitration.

What do you guys this about this (I'm not disclosing my personal bias,
but those of you that know me probably know my take on this)?

Thanks for your comments.

George A. Pincus, Esq.

Stearns Weaver Miller Weissler

Alhadeff & Sitterson, P.A.

New River Center, Suite 2100

200 East Las Olas Boulevard

Ft. Lauderdale, FL 33301

Telephone: 954-766-9705

Facsimile: 954-766-9719

E-mail: gpincus@stearnsweaver.com mailto:gpincus@swmwas.com

www.stearnsweaver.com

CONFIDENTIALITY NOTICE: The information contained in this E-mail
message is attorney privileged and confidential information intended
only for the use of the individual(s) named above. If the reader of
this message is not the intended recipient, you are hereby notified
that any dissemination, distribution or copy of this communication is
strictly prohibited. If you have received this communication in error,
please contact the sender by reply E-mail and destroy all copies of
the original message. Thank you.

CIRCULAR 230 DISCLOSURE: To ensure compliance with recently-enacted
U.S. Treasury Department Regulations, we are now required to advise
you that, unless otherwise expressly indicated, any federal tax advice
contained in this communication, including any attachments, is not
intended or written by us to be used, and cannot be used, by anyone
for the purpose of avoiding federal tax penalties that may be imposed
by the federal government or for promoting, marketing or recommending
to another party any tax-related matters addressed herein.

landten mailing list
landten@lists.flabarrpptl.org
http://mailman.fsr.com/mailman/listinfo/landten

NO Lainie J. Simon, Esq. 185 NW Spanish River Boulevard Suite 220 Boca Raton, FL 33431 561.997.1773 561.445.1361 (cell) 561.997.8448 (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. On 1/20/11 11:58 AM, George Pincus wrote: > > A prospective client (out of state commercial office building owner) > has asked me to review and comment on the form of lease used for its > Florida buildings. > > The Lease has a pretty normal looking default and remedies clause. It > also has an arbitration clause, saying that disputes are to be > resolved through AAA arbitration. > > What do you guys this about this (I'm not disclosing my personal bias, > but those of you that know me probably know my take on this)? > > Thanks for your comments. > > George A. Pincus, Esq. > > Stearns Weaver Miller Weissler > > Alhadeff & Sitterson, P.A. > > New River Center, Suite 2100 > > 200 East Las Olas Boulevard > > Ft. Lauderdale, FL 33301 > > Telephone: 954-766-9705 > > Facsimile: 954-766-9719 > > E-mail: gpincus@stearnsweaver.com <mailto:gpincus@swmwas.com> > > www.stearnsweaver.com > > > > ------------------------------------------------------------------------ > CONFIDENTIALITY NOTICE: The information contained in this E-mail > message is attorney privileged and confidential information intended > only for the use of the individual(s) named above. If the reader of > this message is not the intended recipient, you are hereby notified > that any dissemination, distribution or copy of this communication is > strictly prohibited. If you have received this communication in error, > please contact the sender by reply E-mail and destroy all copies of > the original message. Thank you. > > ------------------------------------------------------------------------ > CIRCULAR 230 DISCLOSURE: To ensure compliance with recently-enacted > U.S. Treasury Department Regulations, we are now required to advise > you that, unless otherwise expressly indicated, any federal tax advice > contained in this communication, including any attachments, is not > intended or written by us to be used, and cannot be used, by anyone > for the purpose of avoiding federal tax penalties that may be imposed > by the federal government or for promoting, marketing or recommending > to another party any tax-related matters addressed herein. > > > _______________________________________________ > landten mailing list > landten@lists.flabarrpptl.org > http://mailman.fsr.com/mailman/listinfo/landten

AJ

Anthony J. Horky

Thu, Jan 20, 2011 6:22 PM

From a LL and litigation standpoint, I would not agree to such a AAA

provision. Use the courts.

Regards,

Anthony J. Horky, Esq.

Mombach, Boyle & Hardin, P.A.

500 East Broward Boulevard

Suite 1950 Broward Financial Centre

Ft. Lauderdale, Florida 33394

Telephone: 954.467.2200 ext. 225

Facsimile: 954.467.2210

E-Mail: ahorky@mbhlawyer.com

Website: www.mbhlawyer.com

CONFIDENTIALITY NOTICE: Unless otherwise stated, the information in
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Internal Revenue Service regulations require that certain types of
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message contains advice relating to a Federal tax issue, unless
expressly stated otherwise, the advice is not intended or written to be
used, and it cannot be used by the recipient or any other taxpayer, for
the purpose of avoiding Federal tax penalties, and was not written to
support the promotion or marketing of any transaction or matter
discussed herein.

IRS CIRCULAR 230 NOTICE: Pursuant to recently enacted U.S. Treasury
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and cannot be sued by any taxpayer for the purpose of avoiding penalties
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From: landten-bounces@lists.flabarrpptl.org
[mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of Greg Hass
Sent: Thursday, January 20, 2011 12:54 PM
To: RPPTL Landlord Tenant Committee
Subject: Re: [RPPTL LandTen] Arbitration Clauses in Commercial Lease?

I agree - I think a mandatory binding arbitration clause would be a
terrible idea from a commercial LL's perspective where the T has
possession and your goal is to get them evicted ASAP.

Greg Hass, Senior Counsel

Office of Law & Policy | FloridaRealtors(r)
7025 Augusta National Drive, Orlando, FL 32822
talk: 407.438.1400, ext. 2421
visit: http://www.floridarealtors.org

The Voice for Real Estate(r) in Florida

LEGAL DISCLAIMER: The information transmitted is intended solely for
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From: landten-bounces@lists.flabarrpptl.org
[mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of Rick G.
Emmanuel
Sent: Thursday, January 20, 2011 12:43 PM
To: 'RPPTL Landlord Tenant Committee'
Subject: Re: [RPPTL LandTen] Arbitration Clauses in Commercial Lease?

I agree.

Rick

Patrick G. Emmanuel, Jr., Esq.

Board Certified Real Estate Lawyer

Emmanuel, Sheppard & Condon, P.A.

30 South Spring Street

Pensacola, FL 32502

Telephone: (850) 433-6581

Facsimile: (850) 433-6162

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From: landten-bounces@lists.flabarrpptl.org
[mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of David
Weisman
Sent: Thursday, January 20, 2011 11:09 AM
To: RPPTL Landlord Tenant Committee
Subject: Re: [RPPTL LandTen] Arbitration Clauses in Commercial Lease?

Skip the AAA and go right to court.

David Weisman

Board Certified Real Estate Lawyer

Greenspoon Marder, P.A.

Trade Center South, Suite 700

100 West Cypress Creek Road

Ft. Lauderdale, FL 33309

Phone 954-491-1120

Toll Free 888-491-1120

Direct Phone 954-343-6941

Direct Fax 954-343-6942

From: landten-bounces@lists.flabarrpptl.org
[mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of George
Pincus
Sent: Thursday, January 20, 2011 11:59 AM
To: 'RPPTL Landlord Tenant Committee'
Subject: [RPPTL LandTen] Arbitration Clauses in Commercial Lease?

A prospective client (out of state commercial office building owner) has
asked me to review and comment on the form of lease used for its Florida
buildings.

The Lease has a pretty normal looking default and remedies clause. It
also has an arbitration clause, saying that disputes are to be resolved
through AAA arbitration.

What do you guys this about this (I'm not disclosing my personal bias,
but those of you that know me probably know my take on this)?

Thanks for your comments.

George A. Pincus, Esq.

Stearns Weaver Miller Weissler

Alhadeff & Sitterson, P.A.

New River Center, Suite 2100

200 East Las Olas Boulevard

Ft. Lauderdale, FL 33301

Telephone: 954-766-9705

Facsimile: 954-766-9719

E-mail: gpincus@stearnsweaver.com mailto:gpincus@swmwas.com

www.stearnsweaver.com

CONFIDENTIALITY NOTICE: The information contained in this E-mail message
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The information contained in this transmission may be attorney/client
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you have
received this communication in error, please notify us immediately by
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or written to be used and it
cannot be used by any person or entity for the purpose of (i) avoiding
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addressed herein.

>From a LL and litigation standpoint, I would not agree to such a AAA provision. Use the courts. Regards, Anthony J. Horky, Esq. Mombach, Boyle & Hardin, P.A. 500 East Broward Boulevard Suite 1950 Broward Financial Centre Ft. Lauderdale, Florida 33394 Telephone: 954.467.2200 ext. 225 Facsimile: 954.467.2210 E-Mail: ahorky@mbhlawyer.com Website: www.mbhlawyer.com CONFIDENTIALITY NOTICE: Unless otherwise stated, the information in this email transmission is privileged and confidential. If you are not the intended recipient, nor the employee or agent responsible for delivering it to the intended recipient, you are hereby notified that any dissemination or copying of this transmission (including any attachments) is strictly prohibited. If you have received this email transmission in error, please notify the sender by email reply immediately. Thank you. Internal Revenue Service regulations require that certain types of written advice include a disclaimer. To the extent the proceeding message contains advice relating to a Federal tax issue, unless expressly stated otherwise, the advice is not intended or written to be used, and it cannot be used by the recipient or any other taxpayer, for the purpose of avoiding Federal tax penalties, and was not written to support the promotion or marketing of any transaction or matter discussed herein. 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 sued 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. ________________________________ From: landten-bounces@lists.flabarrpptl.org [mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of Greg Hass Sent: Thursday, January 20, 2011 12:54 PM To: RPPTL Landlord Tenant Committee Subject: Re: [RPPTL LandTen] Arbitration Clauses in Commercial Lease? I agree - I think a mandatory binding arbitration clause would be a terrible idea from a commercial LL's perspective where the T has possession and your goal is to get them evicted ASAP. Greg Hass, Senior Counsel Office of Law & Policy | FloridaRealtors(r) 7025 Augusta National Drive, Orlando, FL 32822 talk: 407.438.1400, ext. 2421 visit: http://www.floridarealtors.org The Voice for Real Estate(r) in Florida LEGAL DISCLAIMER: The information transmitted is intended solely for the individual or entity to which it is addressed and may contain confidential and/or privileged material. Any review, retransmission, dissemination or other use of or taking action in reliance upon this information by persons or entities other than the intended recipient is prohibited. If you have received this email in error please contact the sender and delete the material from any computer. From: landten-bounces@lists.flabarrpptl.org [mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of Rick G. Emmanuel Sent: Thursday, January 20, 2011 12:43 PM To: 'RPPTL Landlord Tenant Committee' Subject: Re: [RPPTL LandTen] Arbitration Clauses in Commercial Lease? I agree. Rick Patrick G. Emmanuel, Jr., Esq. Board Certified Real Estate Lawyer Emmanuel, Sheppard & Condon, P.A. 30 South Spring Street Pensacola, FL 32502 Telephone: (850) 433-6581 Facsimile: (850) 433-6162 CONFIDENTIALITY STATEMENT: This e-mail message and all attachments transmitted with it may contain legally privileged and confidential information intended solely for the use of the addressee. If the reader of this message is not the intended recipient, you are hereby notified that any reading, dissemination, distribution, copying, or other use of this message or its attachments is strictly prohibited. If you have received this message in error, please notify the sender immediately by telephone (850-433-6581) or by electronic mail (rge@esclaw.com) and then delete this message and all copies and backups thereof. Thank you. ________________________________ From: landten-bounces@lists.flabarrpptl.org [mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of David Weisman Sent: Thursday, January 20, 2011 11:09 AM To: RPPTL Landlord Tenant Committee Subject: Re: [RPPTL LandTen] Arbitration Clauses in Commercial Lease? Skip the AAA and go right to court. David Weisman Board Certified Real Estate Lawyer Greenspoon Marder, P.A. Trade Center South, Suite 700 100 West Cypress Creek Road Ft. Lauderdale, FL 33309 Phone 954-491-1120 Toll Free 888-491-1120 Direct Phone 954-343-6941 Direct Fax 954-343-6942 From: landten-bounces@lists.flabarrpptl.org [mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of George Pincus Sent: Thursday, January 20, 2011 11:59 AM To: 'RPPTL Landlord Tenant Committee' Subject: [RPPTL LandTen] Arbitration Clauses in Commercial Lease? A prospective client (out of state commercial office building owner) has asked me to review and comment on the form of lease used for its Florida buildings. The Lease has a pretty normal looking default and remedies clause. It also has an arbitration clause, saying that disputes are to be resolved through AAA arbitration. What do you guys this about this (I'm not disclosing my personal bias, but those of you that know me probably know my take on this)? Thanks for your comments. George A. Pincus, Esq. Stearns Weaver Miller Weissler Alhadeff & Sitterson, P.A. New River Center, Suite 2100 200 East Las Olas Boulevard Ft. Lauderdale, FL 33301 Telephone: 954-766-9705 Facsimile: 954-766-9719 E-mail: gpincus@stearnsweaver.com <mailto:gpincus@swmwas.com> www.stearnsweaver.com ________________________________ CONFIDENTIALITY NOTICE: The information contained in this E-mail message is attorney privileged and confidential information intended only for the use of the individual(s) named above. If the reader of this message is not the intended recipient, you are hereby notified that any dissemination, distribution or copy of this communication is strictly prohibited. If you have received this communication in error, please contact the sender by reply E-mail and destroy all copies of the original message. Thank you. ________________________________ CIRCULAR 230 DISCLOSURE: To ensure compliance with recently-enacted U.S. Treasury Department Regulations, we are now required to advise you that, unless otherwise expressly indicated, any federal tax advice contained in this communication, including any attachments, is not intended or written by us to be used, and cannot be used, by anyone for the purpose of avoiding federal tax penalties that may be imposed by the federal government or for promoting, marketing or recommending to another party any tax-related matters addressed herein. The information contained in this transmission may be attorney/client privileged and confidential. It is intended only for the use of the individual or entity named above. If the reader of this message is not the intended recipient, you are hereby notified that any dissemination, distribution or copying of this communication is strictly prohibited. If you have received this communication in error, please notify us immediately by reply e-mail. Pursuant to Internal Revenue Service guidance, be advised that any federal tax advice contained in this written or electronic communication, including any attachments or enclosures, is not intended or written to be used and it cannot be used by any person or entity for the purpose of (i) avoiding any tax penalties that may be imposed by the Internal Revenue Service or any other U.S. Federal taxing authority or agency or (ii) promoting, marketing or recommending to another party any transaction or matter addressed herein.

WP

Warren P. Gammill

Thu, Jan 20, 2011 7:20 PM

George,

I would avoid arbitration at all cost on all matters:

  The arbitrator (or the three arbitrators) can be totally

"arbitrary", capricious and dead wrong in his decision, and you have no
recourse and no appeal.

  The arbitrator need not follow the rules of evidence.  He can allow

in, and be influenced by, all sorts of irrelevant, prejudicial testimony and
other evidence. With no appeal.

  The arbitrator can disregard the law and even the clear facts in

reaching his decision. With no appeal.

  The judge and jury are free, while the litigants must pay at an

hourly rate for all the time that the arbitrator or three arbitrators spend
on the case, which can be very considerable.

It is a major mistake for the statutes and the Florida courts to be
favorably disposed toward arbitration for dispute resolution, as if it were
an equivalent substitute for the civil court system. It is a crapshoot.

Warren P. Gammill, Esq.

Warren Gammill & Associates

Suite 1050, Courthouse Tower

44 West Flagler Street

Miami, Florida 33130

Telephone: (305) 579-0000

Telecopier: (305) 371-6927

Gammill@MiamiLawOffice.com

www.GammillLaw.com

From: landten-bounces@lists.flabarrpptl.org
[mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of George Pincus
Sent: Thursday, January 20, 2011 11:59 AM
To: 'RPPTL Landlord Tenant Committee'
Subject: [RPPTL LandTen] Arbitration Clauses in Commercial Lease?

A prospective client (out of state commercial office building owner) has
asked me to review and comment on the form of lease used for its Florida
buildings.

The Lease has a pretty normal looking default and remedies clause. It also
has an arbitration clause, saying that disputes are to be resolved through
AAA arbitration.

What do you guys this about this (I'm not disclosing my personal bias, but
those of you that know me probably know my take on this)?

Thanks for your comments.

George A. Pincus, Esq.

Stearns Weaver Miller Weissler

Alhadeff & Sitterson, P.A.

New River Center, Suite 2100

200 East Las Olas Boulevard

Ft. Lauderdale, FL 33301

Telephone: 954-766-9705

Facsimile: 954-766-9719

E-mail: gpincus@stearnsweaver.com mailto:gpincus@swmwas.com

www.stearnsweaver.com

CONFIDENTIALITY NOTICE: The information contained in this E-mail message is
attorney privileged and confidential information intended only for the use
of the individual(s) named above. If the reader of this message is not the
intended recipient, you are hereby notified that any dissemination,
distribution or copy of this communication is strictly prohibited. If you
have received this communication in error, please contact the sender by
reply E-mail and destroy all copies of the original message. Thank you.

CIRCULAR 230 DISCLOSURE: To ensure compliance with recently-enacted U.S.
Treasury Department Regulations, we are now required to advise you that,
unless otherwise expressly indicated, any federal tax advice contained in
this communication, including any attachments, is not intended or written by
us to be used, and cannot be used, by anyone for the purpose of avoiding
federal tax penalties that may be imposed by the federal government or for
promoting, marketing or recommending to another party any tax-related
matters addressed herein.

George, I would avoid arbitration at all cost on all matters: 1. The arbitrator (or the three arbitrators) can be totally "arbitrary", capricious and dead wrong in his decision, and you have no recourse and no appeal. 2. The arbitrator need not follow the rules of evidence. He can allow in, and be influenced by, all sorts of irrelevant, prejudicial testimony and other evidence. With no appeal. 3. The arbitrator can disregard the law and even the clear facts in reaching his decision. With no appeal. 4. The judge and jury are free, while the litigants must pay at an hourly rate for all the time that the arbitrator or three arbitrators spend on the case, which can be very considerable. It is a major mistake for the statutes and the Florida courts to be favorably disposed toward arbitration for dispute resolution, as if it were an equivalent substitute for the civil court system. It is a crapshoot. Warren P. Gammill, Esq. Warren Gammill & Associates Suite 1050, Courthouse Tower 44 West Flagler Street Miami, Florida 33130 Telephone: (305) 579-0000 Telecopier: (305) 371-6927 Gammill@MiamiLawOffice.com www.GammillLaw.com From: landten-bounces@lists.flabarrpptl.org [mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of George Pincus Sent: Thursday, January 20, 2011 11:59 AM To: 'RPPTL Landlord Tenant Committee' Subject: [RPPTL LandTen] Arbitration Clauses in Commercial Lease? A prospective client (out of state commercial office building owner) has asked me to review and comment on the form of lease used for its Florida buildings. The Lease has a pretty normal looking default and remedies clause. It also has an arbitration clause, saying that disputes are to be resolved through AAA arbitration. What do you guys this about this (I'm not disclosing my personal bias, but those of you that know me probably know my take on this)? Thanks for your comments. George A. Pincus, Esq. Stearns Weaver Miller Weissler Alhadeff & Sitterson, P.A. New River Center, Suite 2100 200 East Las Olas Boulevard Ft. Lauderdale, FL 33301 Telephone: 954-766-9705 Facsimile: 954-766-9719 E-mail: gpincus@stearnsweaver.com <mailto:gpincus@swmwas.com> www.stearnsweaver.com _____ CONFIDENTIALITY NOTICE: The information contained in this E-mail message is attorney privileged and confidential information intended only for the use of the individual(s) named above. If the reader of this message is not the intended recipient, you are hereby notified that any dissemination, distribution or copy of this communication is strictly prohibited. If you have received this communication in error, please contact the sender by reply E-mail and destroy all copies of the original message. Thank you. _____ CIRCULAR 230 DISCLOSURE: To ensure compliance with recently-enacted U.S. Treasury Department Regulations, we are now required to advise you that, unless otherwise expressly indicated, any federal tax advice contained in this communication, including any attachments, is not intended or written by us to be used, and cannot be used, by anyone for the purpose of avoiding federal tax penalties that may be imposed by the federal government or for promoting, marketing or recommending to another party any tax-related matters addressed herein.

landten@lists.flabarrpptl.org

[RPPTL LandTen] FW: Amendments to Sections 713.10 and 713.13