Stupid Question time:

I have a commercial client who owes rents significantly in excess of the
$15k jurisdiction of the County Court. Suit is filed in County Court ONLY
for eviction. Can this be sustained, or do I have a basis for moving the
Court to transfer the case to the Circuit Court despite there being no
demand for money?

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

County court has jurisdiction of “pure” possession actions no matter how much rent is in default. If there were a second count for damages in excess of $15,000, then you could move to transfer to circuit court

[http://www.richmangreer.com/emailsig/logo.gif]

Manuel Farach / Of Counsel - Board Certified in Real Estate Law and Business Litigation by The Florida Bar

Richman Greer P.A.
One Clearlake Centre
Suite 1504
250 Australian Avenue South
West Palm Beach, Florida 33401
Office: 561.803.3500
Fax:
Direct:
Email:
www.RichmanGreer.comhttp://www.RichmanGreer.com

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To ensure compliance with requirements imposed by the IRS, we inform
you that any U.S. federal tax advice contained in this communication (including
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the purpose of (i) avoiding penalties under the Internal Revenue Code or (ii)
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This message contains confidential information and is intended for lesstevens@earthlink.net, landten@lists.flabarrpptl.org, jrlaw10@bellsouth.net. If you are not
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transmission cannot be guarranteed to be secure or error-free as information could be intercepted, corrupted, lost, destroyed, arrive late or incomplete, or contain viruses. The sender (MFarach@richmangreer.com) therefore does not accept liability for any errors or omissions in the contents of this message, which
arise as a result of e-mail transmission. If verification is required please request a hard-copy version.

From: landten-bounces@lists.flabarrpptl.org [mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of lesstevens
Sent: Tuesday, September 27, 2011 4:26 PM
To: 'RPPTL Landlord Tenant Committee'
Cc: 'James Reyer'
Subject: [RPPTL LandTen] Jurisdiction Question

Stupid Question time:

I have a commercial client who owes rents significantly in excess of the $15k jurisdiction of the County Court. Suit is filed in County Court ONLY for eviction. Can this be sustained, or do I have a basis for moving the Court to transfer the case to the Circuit Court despite there being no demand for money?

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

It is true that county court has jurisdiction over the possession count.  However, what if the tenant disputes the amount of rent due and files a motion to determine the amount of rent due?  Does the county court have jurisdiction to adjudicate and enter an order that tenant deposit an amount of money that exceeds its jurisdictional limit?  I’m not so sure on that.

Anthony J. Horky, Esquire

Anthony J. Horky, P.A.

301 Yamato Road, Suite 1240

Boca Raton, Florida 33431

Telephone: (561) 226-4628

Facsimile: (561) 994-6693

Email:  ajhorky.law@gmail.com

This message and the documents attached to it, if any, are intended only for the use of the addressee and may contain information that is attorney-client privileged or confidential, and/or may contain attorney work product.  If you are not the intended recipient, you are hereby notified that any dissemination of this communication is strictly prohibited. If you have received this communication in error, please delete all electronic copies of this message and its attachments, if any, destroy any hard copies you may have created and notify me immediately at: ajhorky.law@gmail.com.

Tax Advice Disclosure: To ensure compliance with requirements imposed by the IRS under Circular 230, we inform you that any U.S. federal tax advice contained in this communication (including any attachments), unless otherwise specifically stated, was not intended or written to be used, and cannot be used, for the purpose of (1) avoiding penalties under the Internal Revenue Code or (2) promoting, marketing or recommending to another party any matters addressed herein.

From: landten-bounces@lists.flabarrpptl.org [mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of Manuel Farach
Sent: Tuesday, September 27, 2011 4:30 PM
To: lesstevens@earthlink.net; RPPTL Landlord Tenant Committee
Cc: 'James Reyer'
Subject: Re: [RPPTL LandTen] Jurisdiction Question

County court has jurisdiction of “pure” possession actions no matter how much rent is in default. If there were a second count for damages in excess of $15,000, then you could move to transfer to circuit court

http://www.richmangreer.com/emailsig/logo.gif

Manuel Farach / Of Counsel - Board Certified in Real Estate Law and Business Litigation by The Florida Bar

Richman Greer P.A.
One Clearlake Centre
Suite 1504
250 Australian Avenue South
West Palm Beach, Florida 33401
Office: 561.803.3500
Fax:
Direct:
Email:
www.RichmanGreer.com

http://www.richmangreer.com/emailsig/meritas.gif

To ensure compliance with requirements imposed by the IRS, we inform
you that any U.S. federal tax advice contained in this communication (including
any attachments) is not intended or written to be used, and cannot be used, for
the purpose of (i) avoiding penalties under the Internal Revenue Code or (ii)
promoting, marketing or recommending to another party any transaction or matter
addressed herein.
This message contains confidential information and is intended for lesstevens@earthlink.net, landten@lists.flabarrpptl.org, jrlaw10@bellsouth.net. If you are not
lesstevens@earthlink.net, landten@lists.flabarrpptl.org, jrlaw10@bellsouth.net you are notified that disclosing, copying, distributing or taking any action in
reliance on the contents of this information is strictly prohibited. E-mail
transmission cannot be guarranteed to be secure or error-free as information could be intercepted, corrupted, lost, destroyed, arrive late or incomplete, or contain viruses. The sender (MFarach@richmangreer.com) therefore does not accept liability for any errors or omissions in the contents of this message, which
arise as a result of e-mail transmission. If verification is required please request a hard-copy version.

From: landten-bounces@lists.flabarrpptl.org [mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of lesstevens
Sent: Tuesday, September 27, 2011 4:26 PM
To: 'RPPTL Landlord Tenant Committee'
Cc: 'James Reyer'
Subject: [RPPTL LandTen] Jurisdiction Question

Stupid Question time:

I have a commercial client who owes rents significantly in excess of the $15k jurisdiction of the County Court. Suit is filed in County Court ONLY for eviction. Can this be sustained, or do I have a basis for moving the Court to transfer the case to the Circuit Court despite there being no demand for money?

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

Yes, so long as it is a “pure possession” action.

[http://www.richmangreer.com/emailsig/logo.gif]

Manuel Farach / Of Counsel - Board Certified in Real Estate Law and Business Litigation by The Florida Bar

Richman Greer P.A.
One Clearlake Centre
Suite 1504
250 Australian Avenue South
West Palm Beach, Florida 33401
Office: 561.803.3500
Fax:
Direct:
Email:
www.RichmanGreer.comhttp://www.RichmanGreer.com

[http://www.richmangreer.com/emailsig/meritas.gif]

To ensure compliance with requirements imposed by the IRS, we inform
you that any U.S. federal tax advice contained in this communication (including
any attachments) is not intended or written to be used, and cannot be used, for
the purpose of (i) avoiding penalties under the Internal Revenue Code or (ii)
promoting, marketing or recommending to another party any transaction or matter
addressed herein.
This message contains confidential information and is intended for landten@lists.flabarrpptl.org. If you are not
landten@lists.flabarrpptl.org you are notified that disclosing, copying, distributing or taking any action in
reliance on the contents of this information is strictly prohibited. E-mail
transmission cannot be guarranteed to be secure or error-free as information could be intercepted, corrupted, lost, destroyed, arrive late or incomplete, or contain viruses. The sender (MFarach@richmangreer.com) therefore does not accept liability for any errors or omissions in the contents of this message, which
arise as a result of e-mail transmission. If verification is required please request a hard-copy version.

From: landten-bounces@lists.flabarrpptl.org [mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of Anthony J. Horky
Sent: Tuesday, September 27, 2011 4:41 PM
To: 'RPPTL Landlord Tenant Committee'
Subject: Re: [RPPTL LandTen] Jurisdiction Question

It is true that county court has jurisdiction over the possession count.  However, what if the tenant disputes the amount of rent due and files a motion to determine the amount of rent due?  Does the county court have jurisdiction to adjudicate and enter an order that tenant deposit an amount of money that exceeds its jurisdictional limit?  I’m not so sure on that.

Anthony J. Horky, Esquire
Anthony J. Horky, P.A.
301 Yamato Road, Suite 1240
Boca Raton, Florida 33431
Telephone: (561) 226-4628
Facsimile: (561) 994-6693
Email:  ajhorky.law@gmail.com
This message and the documents attached to it, if any, are intended only for the use of the addressee and may contain information that is attorney-client privileged or confidential, and/or may contain attorney work product.  If you are not the intended recipient, you are hereby notified that any dissemination of this communication is strictly prohibited. If you have received this communication in error, please delete all electronic copies of this message and its attachments, if any, destroy any hard copies you may have created and notify me immediately at: ajhorky.law@gmail.com.

Tax Advice Disclosure: To ensure compliance with requirements imposed by the IRS under Circular 230, we inform you that any U.S. federal tax advice contained in this communication (including any attachments), unless otherwise specifically stated, was not intended or written to be used, and cannot be used, for the purpose of (1) avoiding penalties under the Internal Revenue Code or (2) promoting, marketing or recommending to another party any matters addressed herein.

From: landten-bounces@lists.flabarrpptl.org [mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of Manuel Farach
Sent: Tuesday, September 27, 2011 4:30 PM
To: lesstevens@earthlink.net; RPPTL Landlord Tenant Committee
Cc: 'James Reyer'
Subject: Re: [RPPTL LandTen] Jurisdiction Question

County court has jurisdiction of “pure” possession actions no matter how much rent is in default. If there were a second count for damages in excess of $15,000, then you could move to transfer to circuit court

[http://www.richmangreer.com/emailsig/logo.gif]

Manuel Farach / Of Counsel - Board Certified in Real Estate Law and Business Litigation by The Florida Bar

Richman Greer P.A.
One Clearlake Centre
Suite 1504
250 Australian Avenue South
West Palm Beach, Florida 33401
Office: 561.803.3500
Fax:
Direct:
Email:
www.RichmanGreer.comhttp://www.RichmanGreer.com

[http://www.richmangreer.com/emailsig/meritas.gif]

To ensure compliance with requirements imposed by the IRS, we inform
you that any U.S. federal tax advice contained in this communication (including
any attachments) is not intended or written to be used, and cannot be used, for
the purpose of (i) avoiding penalties under the Internal Revenue Code or (ii)
promoting, marketing or recommending to another party any transaction or matter
addressed herein.
This message contains confidential information and is intended for lesstevens@earthlink.net, landten@lists.flabarrpptl.org, jrlaw10@bellsouth.net. If you are not
lesstevens@earthlink.net, landten@lists.flabarrpptl.org, jrlaw10@bellsouth.net you are notified that disclosing, copying, distributing or taking any action in
reliance on the contents of this information is strictly prohibited. E-mail
transmission cannot be guarranteed to be secure or error-free as information could be intercepted, corrupted, lost, destroyed, arrive late or incomplete, or contain viruses. The sender (MFarach@richmangreer.com) therefore does not accept liability for any errors or omissions in the contents of this message, which
arise as a result of e-mail transmission. If verification is required please request a hard-copy version.
From: landten-bounces@lists.flabarrpptl.org [mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of lesstevens
Sent: Tuesday, September 27, 2011 4:26 PM
To: 'RPPTL Landlord Tenant Committee'
Cc: 'James Reyer'
Subject: [RPPTL LandTen] Jurisdiction Question

Stupid Question time:

I have a commercial client who owes rents significantly in excess of the $15k jurisdiction of the County Court. Suit is filed in County Court ONLY for eviction. Can this be sustained, or do I have a basis for moving the Court to transfer the case to the Circuit Court despite there being no demand for money?

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

Better still===== how will a county court judge be able to disburse above
$15,000?

Jeff

Jeffrey R. Mazor, Esq.

J. R. Mazor & Associates, P.A.

Presidential Circle Building

4000 Hollywood Blvd.,  Suite 265-s

Hollywood, FL 33021

Phone: 954-962-3500

Fax:      954-962-3560

Email:  JMazor@Mazor.com

From: landten-bounces@lists.flabarrpptl.org
[mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of Lainie Simon
Sent: Tuesday, September 27, 2011 4:47 PM
To: lesstevens@earthlink.net; RPPTL Landlord Tenant Committee
Subject: Re: [RPPTL LandTen] Jurisdiction Question

The interesting question is how much the county court can require to be
deposited into the court registry--more than $15,000.00?  I represent
landlords in about 10 counties and county court judges do not order more
than $15,000.00 to be deposited.  If you client has the $15k, it can buy
some time, maybe a lot depending on the county.

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)

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On 9/27/11 4:26 PM, lesstevens wrote:

Stupid Question time:

I have a commercial client who owes rents significantly in excess of the
$15k jurisdiction of the County Court. Suit is filed in County Court ONLY
for eviction. Can this be sustained, or do I have a basis for moving the
Court to transfer the case to the Circuit Court despite there being no
demand for money?

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

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

I had a case which I filed for eviction for non-payment. The defendant tried to defend and of course was required to deposit the money into the court registry. The amount of the rent deposited exceeded $15,000 and the judge refused to hear the case. He ordered it transferred.

If this is a possibility, file in Circuit to save the time involved with the transfer process.

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.jpg@01CC7D37.7454CE90]

From: landten-bounces@lists.flabarrpptl.org [mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of Manuel Farach
Sent: Tuesday, September 27, 2011 4:30 PM
To: lesstevens@earthlink.net; RPPTL Landlord Tenant Committee
Cc: 'James Reyer'
Subject: Re: [RPPTL LandTen] Jurisdiction Question

County court has jurisdiction of “pure” possession actions no matter how much rent is in default. If there were a second count for damages in excess of $15,000, then you could move to transfer to circuit court

[http://www.richmangreer.com/emailsig/logo.gif]

Manuel Farach / Of Counsel - Board Certified in Real Estate Law and Business Litigation by The Florida Bar

Richman Greer P.A.
One Clearlake Centre
Suite 1504
250 Australian Avenue South
West Palm Beach, Florida 33401
Office: 561.803.3500
Fax:
Direct:
Email:
www.RichmanGreer.comhttp://www.RichmanGreer.com

[http://www.richmangreer.com/emailsig/meritas.gif]

To ensure compliance with requirements imposed by the IRS, we inform
you that any U.S. federal tax advice contained in this communication (including
any attachments) is not intended or written to be used, and cannot be used, for
the purpose of (i) avoiding penalties under the Internal Revenue Code or (ii)
promoting, marketing or recommending to another party any transaction or matter
addressed herein.
This message contains confidential information and is intended for lesstevens@earthlink.net, landten@lists.flabarrpptl.org, jrlaw10@bellsouth.net. If you are not
lesstevens@earthlink.net, landten@lists.flabarrpptl.org, jrlaw10@bellsouth.net you are notified that disclosing, copying, distributing or taking any action in
reliance on the contents of this information is strictly prohibited. E-mail
transmission cannot be guarranteed to be secure or error-free as information could be intercepted, corrupted, lost, destroyed, arrive late or incomplete, or contain viruses. The sender (MFarach@richmangreer.com) therefore does not accept liability for any errors or omissions in the contents of this message, which
arise as a result of e-mail transmission. If verification is required please request a hard-copy version.

From: landten-bounces@lists.flabarrpptl.org [mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of lesstevens
Sent: Tuesday, September 27, 2011 4:26 PM
To: 'RPPTL Landlord Tenant Committee'
Cc: 'James Reyer'
Subject: [RPPTL LandTen] Jurisdiction Question

Stupid Question time:

I have a commercial client who owes rents significantly in excess of the $15k jurisdiction of the County Court. Suit is filed in County Court ONLY for eviction. Can this be sustained, or do I have a basis for moving the Court to transfer the case to the Circuit Court despite there being no demand for money?

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

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 am representing the Tenant in this situation.

From: landten-bounces@lists.flabarrpptl.org [mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of David Weisman
Sent: Tuesday, September 27, 2011 5:04 PM
To: RPPTL Landlord Tenant Committee
Subject: Re: [RPPTL LandTen] Jurisdiction Question

I had a case which I filed for eviction for non-payment. The defendant tried to defend and of course was required to deposit the money into the court registry. The amount of the rent deposited exceeded $15,000 and the judge refused to hear the case. He ordered it transferred.

If this is a possibility, file in Circuit to save the time involved with the transfer process.

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

Email Logo -Resize 30

From: landten-bounces@lists.flabarrpptl.org [mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of Manuel Farach
Sent: Tuesday, September 27, 2011 4:30 PM
To: lesstevens@earthlink.net; RPPTL Landlord Tenant Committee
Cc: 'James Reyer'
Subject: Re: [RPPTL LandTen] Jurisdiction Question

County court has jurisdiction of “pure” possession actions no matter how much rent is in default. If there were a second count for damages in excess of $15,000, then you could move to transfer to circuit court

http://www.richmangreer.com/emailsig/logo.gif

Manuel Farach / Of Counsel - Board Certified in Real Estate Law and Business Litigation by The Florida Bar

Richman Greer P.A.
One Clearlake Centre
Suite 1504
250 Australian Avenue South
West Palm Beach, Florida 33401
Office: 561.803.3500
Fax:
Direct:
Email:
www.RichmanGreer.com

http://www.richmangreer.com/emailsig/meritas.gif

To ensure compliance with requirements imposed by the IRS, we inform
you that any U.S. federal tax advice contained in this communication (including
any attachments) is not intended or written to be used, and cannot be used, for
the purpose of (i) avoiding penalties under the Internal Revenue Code or (ii)
promoting, marketing or recommending to another party any transaction or matter
addressed herein.
This message contains confidential information and is intended for lesstevens@earthlink.net, landten@lists.flabarrpptl.org, jrlaw10@bellsouth.net. If you are not
lesstevens@earthlink.net, landten@lists.flabarrpptl.org, jrlaw10@bellsouth.net you are notified that disclosing, copying, distributing or taking any action in
reliance on the contents of this information is strictly prohibited. E-mail
transmission cannot be guarranteed to be secure or error-free as information could be intercepted, corrupted, lost, destroyed, arrive late or incomplete, or contain viruses. The sender (MFarach@richmangreer.com) therefore does not accept liability for any errors or omissions in the contents of this message, which
arise as a result of e-mail transmission. If verification is required please request a hard-copy version.

From: landten-bounces@lists.flabarrpptl.org [mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of lesstevens
Sent: Tuesday, September 27, 2011 4:26 PM
To: 'RPPTL Landlord Tenant Committee'
Cc: 'James Reyer'
Subject: [RPPTL LandTen] Jurisdiction Question

Stupid Question time:

I have a commercial client who owes rents significantly in excess of the $15k jurisdiction of the County Court. Suit is filed in County Court ONLY for eviction. Can this be sustained, or do I have a basis for moving the Court to transfer the case to the Circuit Court despite there being no demand for money?

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

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.

‘Same experience here – that time in North Dade.

Jeffrey R. Mazor, Esq.

J. R. Mazor & Associates, P.A.

Presidential Circle Building

4000 Hollywood Blvd.,  Suite 265-s

Hollywood, FL 33021

Phone: 954-962-3500

Fax:      954-962-3560

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From: landten-bounces@lists.flabarrpptl.org [mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of David Weisman
Sent: Tuesday, September 27, 2011 5:04 PM
To: RPPTL Landlord Tenant Committee
Subject: Re: [RPPTL LandTen] Jurisdiction Question

I had a case which I filed for eviction for non-payment. The defendant tried to defend and of course was required to deposit the money into the court registry. The amount of the rent deposited exceeded $15,000 and the judge refused to hear the case. He ordered it transferred.

If this is a possibility, file in Circuit to save the time involved with the transfer process.

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

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From: landten-bounces@lists.flabarrpptl.org [mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of Manuel Farach
Sent: Tuesday, September 27, 2011 4:30 PM
To: lesstevens@earthlink.net; RPPTL Landlord Tenant Committee
Cc: 'James Reyer'
Subject: Re: [RPPTL LandTen] Jurisdiction Question

County court has jurisdiction of “pure” possession actions no matter how much rent is in default. If there were a second count for damages in excess of $15,000, then you could move to transfer to circuit court

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Manuel Farach / Of Counsel - Board Certified in Real Estate Law and Business Litigation by The Florida Bar

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From: landten-bounces@lists.flabarrpptl.org [mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of lesstevens
Sent: Tuesday, September 27, 2011 4:26 PM
To: 'RPPTL Landlord Tenant Committee'
Cc: 'James Reyer'
Subject: [RPPTL LandTen] Jurisdiction Question

Stupid Question time:

I have a commercial client who owes rents significantly in excess of the $15k jurisdiction of the County Court. Suit is filed in County Court ONLY for eviction. Can this be sustained, or do I have a basis for moving the Court to transfer the case to the Circuit Court despite there being no demand for money?

Les H. Stevens, Esquire
Les H. Stevens, P.A.
5301 North Federal Highway
Suite 130
Boca Raton, Florida 33487
Tel. - (561) 989-9797
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