The attached case of interest was provided by Committee member James
Wallace.  A copy of this case will be posted to the Committee's Webpage.

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/

Please note our new office address above

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
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Kastner v. Joseph & Gedon, 15 FLW Supp. 391(17th Jud. Cir. 2/5/08)
Notice violates Fed. Fair Debt Coll. Practices Act where notice was signed by attorney who is not Creditor and failed to give 30 day validation period.

Late fees are not rent and may not be demanded in 3 day notice unless lease defines it as additional rent.

Joan Allesse, a Trustee for Northern Hamilton Trust v. Schreppel,
15 FLW Supp. 162(17th Jud. Circuit 11/7/07)

Same as above on who should sign notices(3 day)

Forcier & Forcier v. Henley, 15 FLW Supp. 284(17th Jud. Cir. 11/28/07)
Atty signed 3 day notice and should not have done so since it violated Fed. Fair Debt Coll. Practices Act.

Roshani Gunewardene

Date: Fri, 12 Sep 2008 13:35:43 -0400From: NShoter@shutts.comTo: landten@lists.flabarrpptl.orgSubject: [RPPTL LandTen] Nowell Case

The attached case of interest was provided by Committee member James Wallace.  A copy of this case will be posted to the Committee's Webpage.

Neil B. Shoter Partner

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

Please note our new office address above
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.

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