Empathy List Archives

NB

Neil B. Shoter

Tue, Dec 2, 2008 2:52 PM

Please see attached Meeting Agenda and call-in information for the
Landlord/Tenant Committee Meeting on Friday at 10 a.m.

Meeting minutes from our July meeting are attached

We will have a presentation by Marsha Rydberg: "What Every Dirt Lawyer
Needs to Know about Bankruptcy" (materials will be circulated in
advance of the meeting)

A copy of Skylake Insurance case is included for discussion.

We appreciate your participation

Neil Shoter
Vice Chair

Neil B. Shoter
Partner

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/

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.

Please see attached Meeting Agenda and call-in information for the Landlord/Tenant Committee Meeting on Friday at 10 a.m. Meeting minutes from our July meeting are attached We will have a presentation by Marsha Rydberg: "What Every Dirt Lawyer Needs to Know about Bankruptcy" (materials will be circulated in advance of the meeting) A copy of Skylake Insurance case is included for discussion. We appreciate your participation Neil Shoter Vice Chair Neil B. Shoter Partner ________________________________ 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/> 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.

AJ

Arthur J. Menor

Tue, Dec 2, 2008 10:01 PM

Also attached is a draft of the the proposed Action Line article regarding the issue of the requirement of a notice as a condition to evicting a hold over residential tenant. Phyllis Harley prepared the first version of this article and I revised it. Let us know if you have any questions or comments about it.

From: landten-bounces@lists.flabarrpptl.org [mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of Neil B. Shoter
Sent: Tuesday, December 02, 2008 9:53 AM
To: landten@lists.flabarrpptl.org
Subject: [RPPTL LandTen] Landlord Tenant Committee Meeting Notice and Agenda

Please see attached Meeting Agenda and call-in information for the Landlord/Tenant Committee Meeting on Friday at 10 a.m.

Meeting minutes from our July meeting are attached

We will have a presentation by Marsha Rydberg:  "What Every Dirt Lawyer Needs to Know about Bankruptcy"  (materials will be circulated in advance of the meeting)

A copy of Skylake Insurance case is included for discussion.

We appreciate your participation

Neil Shoter
Vice Chair

Neil B. Shoter 
Partner

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/> 
 
 
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.

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.

Also attached is a draft of the the proposed Action Line article regarding the issue of the requirement of a notice as a condition to evicting a hold over residential tenant. Phyllis Harley prepared the first version of this article and I revised it. Let us know if you have any questions or comments about it. ________________________________ From: landten-bounces@lists.flabarrpptl.org [mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of Neil B. Shoter Sent: Tuesday, December 02, 2008 9:53 AM To: landten@lists.flabarrpptl.org Subject: [RPPTL LandTen] Landlord Tenant Committee Meeting Notice and Agenda Please see attached Meeting Agenda and call-in information for the Landlord/Tenant Committee Meeting on Friday at 10 a.m. Meeting minutes from our July meeting are attached We will have a presentation by Marsha Rydberg: "What Every Dirt Lawyer Needs to Know about Bankruptcy" (materials will be circulated in advance of the meeting) A copy of Skylake Insurance case is included for discussion. We appreciate your participation Neil Shoter Vice Chair Neil B. Shoter Partner ________________________________ 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/> 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. 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.

JJ

John J Boyle

Tue, Dec 2, 2008 10:58 PM

It looks good to me. As a business practice, I serve a residential hold-over with a demand for double rent, then file suit under Sec. 83.625 in two counts, for possession and for money damages. Strictly speaking, the double charge is not rent, but a statutory penalty, and probably does not accrue in advance, so the claim for money is limited pro tanto to the amount accrued when suit is filed.
----- Original Message -----
From: Arthur J. Menor
To: RPPTL Landlord Tenant Committee
Sent: Tuesday, December 02, 2008 5:01 PM
Subject: Re: [RPPTL LandTen] Landlord Tenant Committee Meeting Notice andAgenda

Also attached is a draft of the the proposed Action Line article regarding the issue of the requirement of a notice as a condition to evicting a hold over residential tenant. Phyllis Harley prepared the first version of this article and I revised it. Let us know if you have any questions or comments about it.

From: landten-bounces@lists.flabarrpptl.org [mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of Neil B. Shoter
Sent: Tuesday, December 02, 2008 9:53 AM
To: landten@lists.flabarrpptl.org
Subject: [RPPTL LandTen] Landlord Tenant Committee Meeting Notice and Agenda

Please see attached Meeting Agenda and call-in information for the Landlord/Tenant Committee Meeting on Friday at 10 a.m.

Meeting minutes from our July meeting are attached

We will have a presentation by Marsha Rydberg:  "What Every Dirt Lawyer Needs to Know about Bankruptcy"  (materials will be circulated in advance of the meeting)

A copy of Skylake Insurance case is included for discussion.

We appreciate your participation

Neil Shoter
Vice Chair

Neil B. Shoter 
Partner

Shutts & Bowen LLP 
1100 CityPlace Tower, 525 Okeechobee Boulevard | West Palm Beach, FL 33401 
Direct: (561) 650-8535 | Fax: (561) 822-5525
E-Mail | Biography | V-Card | Website

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.
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.

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

It looks good to me. As a business practice, I serve a residential hold-over with a demand for double rent, then file suit under Sec. 83.625 in two counts, for possession and for money damages. Strictly speaking, the double charge is not rent, but a statutory penalty, and probably does not accrue in advance, so the claim for money is limited pro tanto to the amount accrued when suit is filed. ----- Original Message ----- From: Arthur J. Menor To: RPPTL Landlord Tenant Committee Sent: Tuesday, December 02, 2008 5:01 PM Subject: Re: [RPPTL LandTen] Landlord Tenant Committee Meeting Notice andAgenda Also attached is a draft of the the proposed Action Line article regarding the issue of the requirement of a notice as a condition to evicting a hold over residential tenant. Phyllis Harley prepared the first version of this article and I revised it. Let us know if you have any questions or comments about it. ---------------------------------------------------------------------------- From: landten-bounces@lists.flabarrpptl.org [mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of Neil B. Shoter Sent: Tuesday, December 02, 2008 9:53 AM To: landten@lists.flabarrpptl.org Subject: [RPPTL LandTen] Landlord Tenant Committee Meeting Notice and Agenda Please see attached Meeting Agenda and call-in information for the Landlord/Tenant Committee Meeting on Friday at 10 a.m. Meeting minutes from our July meeting are attached We will have a presentation by Marsha Rydberg: "What Every Dirt Lawyer Needs to Know about Bankruptcy" (materials will be circulated in advance of the meeting) A copy of Skylake Insurance case is included for discussion. We appreciate your participation Neil Shoter Vice Chair Neil B. Shoter Partner ---------------------------------------------------------------------------- Shutts & Bowen LLP 1100 CityPlace Tower, 525 Okeechobee Boulevard | West Palm Beach, FL 33401 Direct: (561) 650-8535 | Fax: (561) 822-5525 E-Mail | Biography | V-Card | Website 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. 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. ------------------------------------------------------------------------------ _______________________________________________ landten mailing list landten@lists.flabarrpptl.org http://mailman.fsr.com/mailman/listinfo/landten