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[RPPTL LandTen] Interpretation of Emergency Order Suspending Evictions

HH
Harry Heist
Fri, Apr 3, 2020 2:44 PM

Does this mean

  1. Cases cannot be e-filed?
    
  2. Defaults will not be granted?
    
  3. Final Judgments will not be signed?
    
  4. Writs will not be executed?
    

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

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From: landten-bounces@lists.flabarrpptl.org [mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of Hegel Laurent
Sent: Friday, April 03, 2020 8:55 AM
To: RPPTL Landlord Tenant Committee
Subject: Re: [RPPTL LandTen] Emergency Order Suspending Evictions

My position is how can this be at any level anything other than a political pronouncement (though much needed and well serving for the general public and that I am in %100 agreement with)?

Quo Warranto? Where in the Florida Constitution or the Florida Statutes does such a power exist for the Governor.

It's one thing to suspend a Rule of Procedure pursuant to the Florida Supreme Court's supervisory role over the Courts and as the natural arbiter of the Rules as the Chief Justice wisely did or another thing for the Sheriff's Office to have a moratorium on executing Writs of possession. However, where does the Governor's source of legal power come from for such a pronouncement?

Hegel Laurent, ESQ.
Laurent Law Office, P.L.

930 South State Road 7

Plantation, FL 33317

Phone: 786. 453. 7198 // Fax: 786.233.6169

Email Confidentiality Privileged/Confidential Information may be contained in this message.

If you are not the addressee indicated in this message (or responsible for delivery of the message to such person), you may not copy or send this message to anyone.  In such case, you should destroy this message and kindly notify the sender by reply e-mail.

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On Fri, Apr 3, 2020 at 8:27 AM Eric Jacobs ejacobs@nexterralaw.com wrote:

To be clear, would it be your view that as there is no “cause of action” an action cannot be filed during that time and would be subject to dismissal??

Eric Jacobs

mailto:eric@beloffparker.com ejacobs@nexterralaw.com

AV Rated

Board Certified - Real Estate

We are where you need us to be.

Confidentiality and Relationship Disclosure. If you are reading this, congratulations, you are probably the first.  For years law firms have included lengthy disclosures at the bottom of their emails which in our view are of, at best, marginal legal value.  We have decided not to do that.  Instead, we will ask that if you got this email and shouldn't have, let us know and please don't read it (though if you've read this, chances are that ship has sailed).  Also, just because we exchange emails doesn't make us your lawyer(s).  If you would like to create an attorney/client relationship, we're glad to hear it and would be happy to provide you with an engagement letter.  As soon as you have received written confirmation from us, you can consider our relationship formed.

From: landten-bounces@lists.flabarrpptl.org landten-bounces@lists.flabarrpptl.org On Behalf Of Arthur J. Menor
Sent: Thursday, April 2, 2020 8:07 PM
To: 'RPPTL Landlord Tenant Committee' landten@lists.flabarrpptl.org
Subject: Re: [RPPTL LandTen] Emergency Order Suspending Evictions

Here is the Order.

cid:image003.jpg@01D51FA2.FDE2A630

Arthur J. Menor
Partner, Board Certified in Real Estate Law
Fellow, American College of Real Estate Lawyers


Shutts & Bowen LLP
CityPlace Tower, 525 Okeechobee Blvd, Suite 1100 | West Palm Beach, FL 33401
Direct: (561) 650-8510 | Fax: (561) 822-5510 | Cell: (561) 358-1572
mailto:AMenor@shutts.com E-Mail |  http://www.shutts.com/lawyer/arthur-j-menor Biography |  http://www.shutts.com/index.php?vcard&id=895 V-Card |  http://www.shutts.com Website

Please consider the environment before printing this email

From: landten-bounces@lists.flabarrpptl.org [mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of Sancha Whynot
Sent: Thursday, April 02, 2020 7:44 PM
To: RPPTL Landlord Tenant Committee
Subject: Re: [RPPTL LandTen] Emergency Order Suspending Evictions

EXTERNAL: This email originated from outside of the SHUTTS email system. Do not respond, click any links or open any attachments unless you trust the sender and know the content is safe.

As of 7:30 pm, it is still not posted on his website.  But here is the link…  https://www.flgov.com/2020-executive-orders/

You’ll likely need to refresh the page…

Sancha Brennan

Sancha Brennan

The Brennan Law Firm

738 Rugby Street

Orlando, Florida 32804

Mailing Address:

Post Office Box 2706,

Orlando, Florida 32802-2706

(407) 893-7888 Telephone

(407) 893-9396 Facsimile

The information contained in this transmission may contain privileged and confidential information.  It is intended only for the use of the person(s) named above. If you are not the intended recipient, you are hereby notified that any review, dissemination, distribution or duplication of this communication is strictly prohibited. If you are not the intended recipient, please contact the sender by reply email and destroy all copies of the original message.

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 landten-bounces@lists.flabarrpptl.org On Behalf Of Alberto Cardet
Sent: Thursday, April 02, 2020 5:52 PM
To: RPPTL Landlord Tenant Committee landten@lists.flabarrpptl.org
Subject: [RPPTL LandTen] Emergency Order Suspending Evictions

Governor Desantis announced he signed an Order suspending evictions for 45 days.  Has anyone seen the Order?

Albert

Cardet Law, P.A.

1330 Coral Way #301

Miami FL 33145

305-403-7783


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Does this mean 1. Cases cannot be e-filed? 2. Defaults will not be granted? 3. Final Judgments will not be signed? 4. Writs will not be executed? LAW OFFICES OF HEIST, WEISSE & WOLK P.A. PH: 1 800 253 8428 FAX: 1 800 367 9038 "Serving the Property Management Professional" Website: <http://www.evict.com/> www.evict.com Email: <mailto:harry@evict.com> harry@evict.com <https://www.facebook.com/pages/Heist-Weisse-Wolk-PA/343965575625870> Visit us on Facebook 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. From: landten-bounces@lists.flabarrpptl.org [mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of Hegel Laurent Sent: Friday, April 03, 2020 8:55 AM To: RPPTL Landlord Tenant Committee Subject: Re: [RPPTL LandTen] Emergency Order Suspending Evictions My position is how can this be at any level anything other than a political pronouncement (though much needed and well serving for the general public and that I am in %100 agreement with)? Quo Warranto? Where in the Florida Constitution or the Florida Statutes does such a power exist for the Governor. It's one thing to suspend a Rule of Procedure pursuant to the Florida Supreme Court's supervisory role over the Courts and as the natural arbiter of the Rules as the Chief Justice wisely did or another thing for the Sheriff's Office to have a moratorium on executing Writs of possession. However, where does the Governor's source of legal power come from for such a pronouncement? Hegel Laurent, ESQ. Laurent Law Office, P.L. 930 South State Road 7 Plantation, FL 33317 Phone: 786. 453. 7198 // Fax: 786.233.6169 Email Confidentiality Privileged/Confidential Information may be contained in this message. If you are not the addressee indicated in this message (or responsible for delivery of the message to such person), you may not copy or send this message to anyone. In such case, you should destroy this message and kindly notify the sender by reply e-mail. Debt collection disclosure: a portion of our firm’s practice involves the collection of debts on behalf of our client(s). If you are someone against whom our client(s) has a claim, please be aware that this communication is from a debt collector as defined by law and any information obtained will be used for that purpose. On Fri, Apr 3, 2020 at 8:27 AM Eric Jacobs <ejacobs@nexterralaw.com> wrote: To be clear, would it be your view that as there is no “cause of action” an action cannot be filed during that time and would be subject to dismissal?? Eric Jacobs <mailto:eric@beloffparker.com> ejacobs@nexterralaw.com AV Rated Board Certified - Real Estate We are where you need us to be. Confidentiality and Relationship Disclosure. If you are reading this, congratulations, you are probably the first. For years law firms have included lengthy disclosures at the bottom of their emails which in our view are of, at best, marginal legal value. We have decided not to do that. Instead, we will ask that if you got this email and shouldn't have, let us know and please don't read it (though if you've read this, chances are that ship has sailed). Also, just because we exchange emails doesn't make us your lawyer(s). If you would like to create an attorney/client relationship, we're glad to hear it and would be happy to provide you with an engagement letter. As soon as you have received written confirmation from us, you can consider our relationship formed. From: landten-bounces@lists.flabarrpptl.org <landten-bounces@lists.flabarrpptl.org> On Behalf Of Arthur J. Menor Sent: Thursday, April 2, 2020 8:07 PM To: 'RPPTL Landlord Tenant Committee' <landten@lists.flabarrpptl.org> Subject: Re: [RPPTL LandTen] Emergency Order Suspending Evictions Here is the Order. cid:image003.jpg@01D51FA2.FDE2A630 Arthur J. Menor Partner, Board Certified in Real Estate Law Fellow, American College of Real Estate Lawyers _____ Shutts & Bowen LLP CityPlace Tower, 525 Okeechobee Blvd, Suite 1100 | West Palm Beach, FL 33401 Direct: (561) 650-8510 | Fax: (561) 822-5510 | Cell: (561) 358-1572 <mailto:AMenor@shutts.com> E-Mail | <http://www.shutts.com/lawyer/arthur-j-menor> Biography | <http://www.shutts.com/index.php?vcard&id=895> V-Card | <http://www.shutts.com> Website Please consider the environment before printing this email From: landten-bounces@lists.flabarrpptl.org [mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of Sancha Whynot Sent: Thursday, April 02, 2020 7:44 PM To: RPPTL Landlord Tenant Committee Subject: Re: [RPPTL LandTen] Emergency Order Suspending Evictions EXTERNAL: This email originated from outside of the SHUTTS email system. Do not respond, click any links or open any attachments unless you trust the sender and know the content is safe. As of 7:30 pm, it is still not posted on his website. But here is the link… https://www.flgov.com/2020-executive-orders/ You’ll likely need to refresh the page… Sancha Brennan Sancha Brennan The Brennan Law Firm 738 Rugby Street Orlando, Florida 32804 Mailing Address: Post Office Box 2706, Orlando, Florida 32802-2706 (407) 893-7888 Telephone (407) 893-9396 Facsimile The information contained in this transmission may contain privileged and confidential information. It is intended only for the use of the person(s) named above. If you are not the intended recipient, you are hereby notified that any review, dissemination, distribution or duplication of this communication is strictly prohibited. If you are not the intended recipient, please contact the sender by reply email and destroy all copies of the original message. 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 <landten-bounces@lists.flabarrpptl.org> On Behalf Of Alberto Cardet Sent: Thursday, April 02, 2020 5:52 PM To: RPPTL Landlord Tenant Committee <landten@lists.flabarrpptl.org> Subject: [RPPTL LandTen] Emergency Order Suspending Evictions Governor Desantis announced he signed an Order suspending evictions for 45 days. Has anyone seen the Order? Albert Cardet Law, P.A. 1330 Coral Way #301 Miami FL 33145 305-403-7783 _______________________________________________ landten mailing list landten@lists.flabarrpptl.org http://mailman.fsr.com/mailman/listinfo/landten