Empathy List Archives

AJ

Arthur J. Menor

Wed, May 30, 2012 6:15 PM

Further to our discussion at yesterday's committee meeting, attached are the materials prepared by Cary Wright that were used for a presentation to the RPPTL Insurance Committee recently.

Thank you to Cary for permitting the dissemination of these materials.

[cid:image001.jpg@01CD3E6E.A9952160]

Arthur J. Menor
Partner

Shutts & Bowen LLP
CityPlace Tower, 525 Okeechobee Blvd, Suite 1100 | West Palm Beach, FL 33401
Direct: (561) 650-8510 | Fax: (561) 822-5510
E-Mailmailto:AMenor@shutts.com | Biographyhttp://www.shutts.com/attorneys-Arthur-Menor.html | V-Cardhttp://www.shutts.com/vcard-132.vcf | 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>

Further to our discussion at yesterday's committee meeting, attached are the materials prepared by Cary Wright that were used for a presentation to the RPPTL Insurance Committee recently. Thank you to Cary for permitting the dissemination of these materials. [cid:image001.jpg@01CD3E6E.A9952160] Arthur J. Menor Partner ________________________________ Shutts & Bowen LLP CityPlace Tower, 525 Okeechobee Blvd, Suite 1100 | West Palm Beach, FL 33401 Direct: (561) 650-8510 | Fax: (561) 822-5510 E-Mail<mailto:AMenor@shutts.com> | Biography<http://www.shutts.com/attorneys-Arthur-Menor.html> | V-Card<http://www.shutts.com/vcard-132.vcf> | 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>

DA

Dariel Abrahamy

Thu, May 31, 2012 3:03 PM

Can a member of an LLC file a commercial eviction without an attorney and proceed to get a Default and Default Final Judgment for Eviction? Section 83.59(2) discusses this in the residential context, but what about commercial evictions?

Also, 83.59(2) only says "landlord's agent". It does not specify if the landlord is an individual or an entity. What if the landlord was a corporation or LLC in the residential context. Could the officer, member, or agent file without an attorney in a residential eviction as well?

The general law is that corporation must be represented by counsel.

[cid:image002.jpg@01CD3F1D.0D906220]
Dariel J. Abrahamy, Esq.
Greenspoon Marder, P.A.
100 W. Cypress Creek Road, Suite 700
Fort Lauderdale, FL 33309
P: 954-491-1120; F: 954-343-6972
Dariel.Abrahamy@gmlaw.com

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.

A portion of our practice involves the collection of debt and any information you provide will be used for that purpose if we are attempting to collect a debt from you.

Can a member of an LLC file a commercial eviction without an attorney and proceed to get a Default and Default Final Judgment for Eviction? Section 83.59(2) discusses this in the residential context, but what about commercial evictions? Also, 83.59(2) only says "landlord's agent". It does not specify if the landlord is an individual or an entity. What if the landlord was a corporation or LLC in the residential context. Could the officer, member, or agent file without an attorney in a residential eviction as well? The general law is that corporation must be represented by counsel. [cid:image002.jpg@01CD3F1D.0D906220] Dariel J. Abrahamy, Esq. Greenspoon Marder, P.A. 100 W. Cypress Creek Road, Suite 700 Fort Lauderdale, FL 33309 P: 954-491-1120; F: 954-343-6972 Dariel.Abrahamy@gmlaw.com 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. A portion of our practice involves the collection of debt and any information you provide will be used for that purpose if we are attempting to collect a debt from you.

CS

Cary Sabol

Thu, May 31, 2012 3:17 PM

Daniel,

You are correct the residential section of the L/T Statute allows a non-lawyer representative to complete an uncontested eviction, but if the tenant responds in any way, the Judge will issue an Order requiring the Plaintiff to retain an attorney. Since there is no similar exemption from the requirement of legal representation for a corp./LLC in the commercial section of the Statute, I think even an uncontested commercial eviction where the Plaintiff is a corp./LLC/other legal entity would require an attorney to handle it. I agree with you that the issue should default to the general law that a corp/LLC/other legal entity can only be represented by an attorney.

Not sure what the remedy would be though if the case is already completed.

Cary
Law Offices of Cary P. Sabol
P.O. Box 15981 | West Palm Beach | Florida | 33416
Phone: (561) 281-2744

IRS Circular 230 Notice: Pursuant to recently enacted U.S. Treasury Department Regulations, we are now required to advise you that, unless otherwise expressly indicated, any federal tax advice expressed above was neither written nor intended by the sender or this firm to be used and cannot be used by any taxpayer for the purpose of avoiding penalties that may be imposed under U.S. tax law. If any person uses or refers to any such tax advice in promoting, marketing or recommending a partnership or other entity, investment plan or arrangement to any taxpayer, then the advice should be considered to have been written to support the promotion or marketing by a person other than the sender or this firm of that transaction or matter, and such taxpayer should seek advice based on the taxpayer's particular circumstances from an independent tax advisor.
Confidentiality Notice: This electronic mail transmission is intended for the use of the individual or entity to which it is addressed and may contain confidential information belonging to the sender which is protected by the attorney-client privilege. If you are not the intended recipient, you are hereby notified that any disclosure, copying, distribution, or the taking of any action in reliance on the contents of this information is strictly prohibited. If you have received this transmission in error, please notify the sender immediately by e-mail and delete the original message. Thank you for your cooperation.

From: Dariel Abrahamy Dariel.Abrahamy@gmlaw.com
To: RPPTL Landlord Tenant Committee landten@lists.flabarrpptl.org
Sent: Thursday, May 31, 2012 11:03 AM
Subject: [RPPTL LandTen] Pro Se commercial evictions

Can a member of an LLC file a commercial eviction without an attorney and proceed to get a Default and Default Final Judgment for Eviction? Section 83.59(2) discusses this in the residential context, but what about commercial evictions?

Also, 83.59(2) only says “landlord’s agent”. It does not specify if the landlord is an individual or an entity. What if the landlord was a corporation or LLC in the residential context. Could the officer, member, or agent file without an attorney in a residential eviction as well?

The general law is that corporation must be represented by counsel.

Dariel J. Abrahamy, Esq.
Greenspoon Marder, P.A.
100 W. Cypress Creek Road, Suite 700
Fort Lauderdale, FL 33309
P: 954-491-1120; F: 954-343-6972
Dariel.Abrahamy@gmlaw.com

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. A portion of our practice involves the collection of debt and any information you provide will be used for that purpose if we are attempting to collect a debt from you.

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

Daniel, You are correct the residential section of the L/T Statute allows a non-lawyer representative to complete an uncontested eviction, but if the tenant responds in any way, the Judge will issue an Order requiring the Plaintiff to retain an attorney. Since there is no similar exemption from the requirement of legal representation for a corp./LLC in the commercial section of the Statute, I think even an uncontested commercial eviction where the Plaintiff is a corp./LLC/other legal entity would require an attorney to handle it. I agree with you that the issue should default to the general law that a corp/LLC/other legal entity can only be represented by an attorney. Not sure what the remedy would be though if the case is already completed. Cary Law Offices of Cary P. Sabol P.O. Box 15981 | West Palm Beach | Florida | 33416 Phone: (561) 281-2744 ________________________________ IRS Circular 230 Notice: Pursuant to recently enacted U.S. Treasury Department Regulations, we are now required to advise you that, unless otherwise expressly indicated, any federal tax advice expressed above was neither written nor intended by the sender or this firm to be used and cannot be used by any taxpayer for the purpose of avoiding penalties that may be imposed under U.S. tax law. If any person uses or refers to any such tax advice in promoting, marketing or recommending a partnership or other entity, investment plan or arrangement to any taxpayer, then the advice should be considered to have been written to support the promotion or marketing by a person other than the sender or this firm of that transaction or matter, and such taxpayer should seek advice based on the taxpayer's particular circumstances from an independent tax advisor. Confidentiality Notice: This electronic mail transmission is intended for the use of the individual or entity to which it is addressed and may contain confidential information belonging to the sender which is protected by the attorney-client privilege. If you are not the intended recipient, you are hereby notified that any disclosure, copying, distribution, or the taking of any action in reliance on the contents of this information is strictly prohibited. If you have received this transmission in error, please notify the sender immediately by e-mail and delete the original message. Thank you for your cooperation. ________________________________ From: Dariel Abrahamy <Dariel.Abrahamy@gmlaw.com> To: RPPTL Landlord Tenant Committee <landten@lists.flabarrpptl.org> Sent: Thursday, May 31, 2012 11:03 AM Subject: [RPPTL LandTen] Pro Se commercial evictions Can a member of an LLC file a commercial eviction without an attorney and proceed to get a Default and Default Final Judgment for Eviction? Section 83.59(2) discusses this in the residential context, but what about commercial evictions? Also, 83.59(2) only says “landlord’s agent”. It does not specify if the landlord is an individual or an entity. What if the landlord was a corporation or LLC in the residential context. Could the officer, member, or agent file without an attorney in a residential eviction as well? The general law is that corporation must be represented by counsel. Dariel J. Abrahamy, Esq. Greenspoon Marder, P.A. 100 W. Cypress Creek Road, Suite 700 Fort Lauderdale, FL 33309 P: 954-491-1120; F: 954-343-6972 Dariel.Abrahamy@gmlaw.com 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. A portion of our practice involves the collection of debt and any information you provide will be used for that purpose if we are attempting to collect a debt from you. _______________________________________________ landten mailing list landten@lists.flabarrpptl.org http://mailman.fsr.com/mailman/listinfo/landten

HH

Harry Heist

Thu, May 31, 2012 3:58 PM

We just had an residential eviction case in Jacksonville blow up into a counterclaim and class action regarding mold. The client is seeking local counsel.

Please email me privately if interested and have class action experience. harry@evict.com

Thanks,

Harry

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

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.

We just had an residential eviction case in Jacksonville blow up into a counterclaim and class action regarding mold. The client is seeking local counsel. Please email me privately if interested and have class action experience. harry@evict.com Thanks, Harry LAW OFFICES OF HEIST, WEISSE & WOLK P.A. PH: 1 800 253 8428 FAX: 1 800 367 9038 "Serving the Property Management Professional" Website: www.evict.com <http://www.evict.com/> Email: harry@evict.com 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.

LC

Leonard Cabral

Thu, May 31, 2012 7:49 PM

Dariel:

There is an argument that a corporation can not represent itself and must be
represented by an attorney. There are some cases (Cty Ct) on point.

From: landten-bounces@lists.flabarrpptl.org
[mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of Dariel Abrahamy
Sent: Thursday, May 31, 2012 11:04
To: RPPTL Landlord Tenant Committee
Subject: [RPPTL LandTen] Pro Se commercial evictions

Can a member of an LLC file a commercial eviction without an attorney and
proceed to get a Default and Default Final Judgment for Eviction? Section
83.59(2) discusses this in the residential context, but what about
commercial evictions?

Also, 83.59(2) only says "landlord's agent". It does not specify if the
landlord is an individual or an entity. What if the landlord was a
corporation or LLC in the residential context. Could the officer, member, or
agent file without an attorney in a residential eviction as well?

The general law is that corporation must be represented by counsel.

cid:image001.jpg@01CCE29A.39B6E430

Dariel J. Abrahamy, Esq.

Greenspoon Marder, P.A.

100 W. Cypress Creek Road, Suite 700

Fort Lauderdale, FL 33309

P: 954-491-1120; F: 954-343-6972

Dariel.Abrahamy@gmlaw.com

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.

A portion of our practice involves the collection of debt and any
information you provide will be used for that purpose if we are attempting
to collect a debt from you.

Dariel: There is an argument that a corporation can not represent itself and must be represented by an attorney. There are some cases (Cty Ct) on point. From: landten-bounces@lists.flabarrpptl.org [mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of Dariel Abrahamy Sent: Thursday, May 31, 2012 11:04 To: RPPTL Landlord Tenant Committee Subject: [RPPTL LandTen] Pro Se commercial evictions Can a member of an LLC file a commercial eviction without an attorney and proceed to get a Default and Default Final Judgment for Eviction? Section 83.59(2) discusses this in the residential context, but what about commercial evictions? Also, 83.59(2) only says "landlord's agent". It does not specify if the landlord is an individual or an entity. What if the landlord was a corporation or LLC in the residential context. Could the officer, member, or agent file without an attorney in a residential eviction as well? The general law is that corporation must be represented by counsel. cid:image001.jpg@01CCE29A.39B6E430 Dariel J. Abrahamy, Esq. Greenspoon Marder, P.A. 100 W. Cypress Creek Road, Suite 700 Fort Lauderdale, FL 33309 P: 954-491-1120; F: 954-343-6972 Dariel.Abrahamy@gmlaw.com 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. A portion of our practice involves the collection of debt and any information you provide will be used for that purpose if we are attempting to collect a debt from you.

landten@lists.flabarrpptl.org

[RPPTL LandTen] Insured Contract Issue in CGL Policies