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Re: [RPPTL LandTen] Landlord/Tenant Committee Meeting Tomorrow

ahorky (at) horkylaw.com

Fri, Feb 24, 2012 5:30 PM

Please find attached my materials for today's meeting. Thank you.

Regards,

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
Website: www.horkylaw.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: ahorky@horkylaw.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.

-------- Original Message --------
Subject: [RPPTL LandTen] Landlord/Tenant Committee Meeting Tomorrow
From: "Neil B. Shoter" <NShoter@shutts.com>
Date: Thu, February 23, 2012 9:24 am
To: "'RPPTL Landlord Tenant Committee'" <landten@lists.flabarrpptl.org>

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Please join us tomorrow for the next meeting of the Landlord/Tenant Committee of the Real Property Probate and Trust Law Section of the Florida Bar. This will be a call-in meeting only.

Time: Friday, February 24th 3:30 pm -5:00 pm.

Toll Free Dial-In Number: 888 - 376 - 5050

Participant PIN: 8452136277 #

In addition to our business agenda, we will have a CLE presentation from Anthony Horky, Esquire, who will discuss: "County Court Orders to Deposit and Disburse Funds (Rent) from the Court Registry: Can the Amount Exceed the Jurisdictional Limits?"

Attachments:

Agenda

December Meeting Minutes

Cases for discussion

FL BAR Rules for use of social networking sites

As always, we appreciate your participation.

Neil Shoter, Chair

**Neil B. Shoter
Partner / LEED Accredited Professional

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

</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>

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Jeff Mazor

Fri, Feb 24, 2012 6:11 PM

Anthony:

This looks very interesting. Thank you. I look forward to reading it.

What do you think about Emsa v. Community, 615 so.2d 258 (Fla., 3rd DCA 1993), attached.

Synopsis: Landlord brought action seeking order removing tenant from leased premises. The Circuit Court, entered order which would oust tenant from possession if tenant failed to comply with specific conditions, and tenant appealed. The DCA held that action was one relating to right of possession of real property over which county court had exclusive jurisdiction. Reversed and remanded with instructions.

Holding: In its petition to the circuit court the plaintiff sought an order “removing EMSA from the leased premises.” There was no claim for money damages. As framed in *259 the pleadings the subject matter is one over which the county court has jurisdiction. Section 34.011(2), Florida Statutes (1991), provides that the “county court shall have exclusive jurisdiction of proceedings relating to the right of possession of real property....” No claim or showing is made as an exception to the obvious jurisdictional impediment, or that the ordinary legal remedy is inadequate. Reversed and remanded with instructions to transfer the cause to the county court.

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

-----Original Message-----
From: landten-bounces@lists.flabarrpptl.org [mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of ahorky@horkylaw.com
Sent: Friday, February 24, 2012 12:30 PM
To: RPPTL Landlord Tenant Committee
Subject: Re: [RPPTL LandTen] Landlord/Tenant Committee Meeting Tomorrow

Please find attached my materials for today's meeting. Thank you.

Regards,

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
Website: www.horkylaw.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: ahorky@horkylaw.com.

-------- Original Message --------
Subject: [RPPTL LandTen] Landlord/Tenant Committee Meeting Tomorrow
From: "Neil B. Shoter" <NShoter@shutts.com>
Date: Thu, February 23, 2012 9:24 am
To: "'RPPTL Landlord Tenant Committee'" <landten@lists.flabarrpptl.org>


Please join us tomorrow for the next meeting of the Landlord/Tenant Committee of the Real Property Probate and Trust Law Section of the Florida Bar.   This will be a call-in meeting only.  
 
Time:  Friday, February 24th 3:30 pm -5:00 pm.
 
Toll Free Dial-In Number: 888 - 376 - 5050 

Participant PIN:  8452136277 # 
 
In addition to our business agenda, we will have a CLE presentation from Anthony Horky, Esquire, who will discuss: "County Court Orders to Deposit and Disburse Funds (Rent) from the Court Registry: Can the Amount Exceed the Jurisdictional Limits?"
 
 
Attachments:
    Agenda
    December Meeting Minutes 
    Cases for discussion 
    FL BAR Rules for use of social networking sites
 
As always, we appreciate your participation.
 
Neil Shoter, Chair

Neil B. Shoter
Partner / LEED Accredited Professional ________________________________

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/attorneys-Neil-Shoter.html | V-Card http://www.shutts.com/vcard-181.vcf | Website http://www.shutts.com/

</pre>IRS CIRCULAR 230 NOTICE: Pursuant to recently enacted<br>U.S. Treasury Department Regulations, we are now required<br>to advise you that, unless otherwise expressly indicated,<br>any federal tax advice expressed above was neither<br>written nor intended by the sender or this firm to be<br>used and cannot be used by any taxpayer for the purpose <br>of avoiding penalties that may be imposed under U.S. tax <br>law. If any person uses or refers to any such tax advice<br>in promoting, marketing or recommending a partnership or<br>other entity, investment plan or arrangement to any <br>taxpayer, then the advice should be considered to have<br>been written to support the promotion or marketing by a <br>person other than the sender or this firm of that <br>transaction or matter, and such taxpayer should seek<br>advice based on the taxpayer's particular circumstances<br>from an independent tax advisor.<br><br><br>The information in this email transmission is privileged<br>and confidential. If you are not the intended recipient,<br>nor the employee or agent responsible for delivering it to<br>the intended recipient, you are hereby notified that any<br>dissemination or copying of this transmission (including<br>any attachments) is strictly prohibited. If you have<br>received this email in error, please notify the sender by<br>email reply. Thank you.<br><pre>

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Anthony: This looks very interesting. Thank you. I look forward to reading it. What do you think about Emsa v. Community, 615 so.2d 258 (Fla., 3rd DCA 1993), attached. Synopsis: Landlord brought action seeking order removing tenant from leased premises. The Circuit Court, entered order which would oust tenant from possession if tenant failed to comply with specific conditions, and tenant appealed. The DCA held that action was one relating to right of possession of real property over which county court had exclusive jurisdiction. Reversed and remanded with instructions. Holding: In its petition to the circuit court the plaintiff sought an order “removing EMSA from the leased premises.” There was no claim for money damages. As framed in *259 the pleadings the subject matter is one over which the county court has jurisdiction. Section 34.011(2), Florida Statutes (1991), provides that the “county court shall have exclusive jurisdiction of proceedings relating to the right of possession of real property....” No claim or showing is made as an exception to the obvious jurisdictional impediment, or that the ordinary legal remedy is inadequate. Reversed and remanded with instructions to transfer the cause to the county court. 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 -----Original Message----- From: landten-bounces@lists.flabarrpptl.org [mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of ahorky@horkylaw.com Sent: Friday, February 24, 2012 12:30 PM To: RPPTL Landlord Tenant Committee Subject: Re: [RPPTL LandTen] Landlord/Tenant Committee Meeting Tomorrow Please find attached my materials for today's meeting. Thank you. Regards, 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 Website: www.horkylaw.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: ahorky@horkylaw.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. -------- Original Message -------- Subject: [RPPTL LandTen] Landlord/Tenant Committee Meeting Tomorrow From: "Neil B. Shoter" <NShoter@shutts.com> Date: Thu, February 23, 2012 9:24 am To: "'RPPTL Landlord Tenant Committee'" <landten@lists.flabarrpptl.org> Please join us tomorrow for the next meeting of the Landlord/Tenant Committee of the Real Property Probate and Trust Law Section of the Florida Bar. This will be a call-in meeting only. Time: Friday, February 24th 3:30 pm -5:00 pm. Toll Free Dial-In Number: 888 - 376 - 5050 Participant PIN: 8452136277 # In addition to our business agenda, we will have a CLE presentation from Anthony Horky, Esquire, who will discuss: "County Court Orders to Deposit and Disburse Funds (Rent) from the Court Registry: Can the Amount Exceed the Jurisdictional Limits?" Attachments: Agenda December Meeting Minutes Cases for discussion FL BAR Rules for use of social networking sites As always, we appreciate your participation. Neil Shoter, Chair Neil B. Shoter Partner / LEED Accredited Professional ________________________________ 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/attorneys-Neil-Shoter.html> | V-Card <http://www.shutts.com/vcard-181.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> ________________________________ _______________________________________________ landten mailing list landten@lists.flabarrpptl.org http://mailman.fsr.com/mailman/listinfo/landten