Empathy List Archives

BB

Beverly Barnett

Tue, Aug 16, 2011 5:46 PM

I have evicted a tenant on a non-renewal of lease. The Court signed my Judgment for Possession and issued the Writ. Opposing attorney filed an untimely Motion to Dismiss for Lack of Personal Jurisdiction and Set Aside Default stating that "the clerk's records do not reflect the requisite mailing of process as required by FS 48.183. I provided him with the clerk's record which verifies that the statute was followed and requested that he withdraw his motion. The Judge stayed the Writ and set a hearing which is tomorrow. As a side note, there has been no money deposited in the Registry. Does anyone have any experience with this? Thanks.

Beverly R. Barnett, Esq.

Thornton, Torrence & Barnett, P. A.

6709 Ridge Road Suite 106

Port Richey, FL 34668

727-845-6224

The information contained in this transmission is attorney 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 addressee, you are hereby notified that any dissemination or copying of this communication is strictly prohibited. If you have received this communication in error, please notify us immediately by returning the original message to us. Thank you.

I have evicted a tenant on a non-renewal of lease. The Court signed my Judgment for Possession and issued the Writ. Opposing attorney filed an untimely Motion to Dismiss for Lack of Personal Jurisdiction and Set Aside Default stating that "the clerk's records do not reflect the requisite mailing of process as required by FS 48.183. I provided him with the clerk's record which verifies that the statute was followed and requested that he withdraw his motion. The Judge stayed the Writ and set a hearing which is tomorrow. As a side note, there has been no money deposited in the Registry. Does anyone have any experience with this? Thanks. Beverly R. Barnett, Esq. Thornton, Torrence & Barnett, P. A. 6709 Ridge Road Suite 106 Port Richey, FL 34668 727-845-6224 The information contained in this transmission is attorney 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 addressee, you are hereby notified that any dissemination or copying of this communication is strictly prohibited. If you have received this communication in error, please notify us immediately by returning the original message to us. Thank you.

CS

Cary Sabol

Tue, Aug 16, 2011 5:49 PM

Yes, I have also had evictions held up because the Clerk forgot or failed to file their Affidavit of Mailing. Technically the eviction is not effective unless it is also mailed by the Clerk, service by process is not enough, and the clerks forget sometimes. If you have proof on the docket that the Clerk did mail, then you should be ok and the Judge should reinstate the Writ. If the Clerk did fail to file the Affidavit, then you might have to provide additional copies of the Complaint and envelopes and wait for that process to take it's course. It is frustrating.

Cary
Cary P. Sabol, Esq.
P.O. Box 15981
West Palm Beach, Florida 33416
Phone: (561) 281-2744

Confidentiality Notice: This email transmission and any attachments are confidential and may be legally privileged. If you are not the intended recipient, you are hereby notified that any disclosure, copying, distribution, or use of the information contained herein is STRICTLY PROHIBITED.

From: Beverly Barnett BeverlyBarnett@thorntontorrence.com
To: RPPTL Landlord Tenant Committee landten@lists.flabarrpptl.org
Sent: Tuesday, August 16, 2011 1:46 PM
Subject: [RPPTL LandTen] (no subject)

I have evicted a tenant on a non-renewal of lease. The
Court signed my Judgment for Possession and issued the Writ. Opposing
attorney filed an untimely Motion to Dismiss for Lack of Personal Jurisdiction and
Set Aside Default stating that “the clerk’s records do not reflect
the requisite mailing of process as required by FS 48.183. I provided him
with the clerk’s record which verifies that the statute was followed and
requested that he withdraw his motion. The Judge stayed the Writ and set
a hearing which is tomorrow. As a side note, there has been no money
deposited in the Registry. Does anyone have any experience with
this? Thanks.

Beverly R. Barnett, Esq.
Thornton, Torrence & Barnett, P. A.
6709 Ridge Road Suite 106
Port Richey, FL 34668
727-845-6224

The
information contained in this transmission is attorney 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 addressee, you are
hereby notified that any dissemination or copying of this communication is
strictly prohibited. If you have received this communication
in error, please notify us immediately by returning the original message to
us. Thank you.

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

Yes, I have also had evictions held up because the Clerk forgot or failed to file their Affidavit of Mailing. Technically the eviction is not effective unless it is also mailed by the Clerk, service by process is not enough, and the clerks forget sometimes. If you have proof on the docket that the Clerk did mail, then you should be ok and the Judge should reinstate the Writ. If the Clerk did fail to file the Affidavit, then you might have to provide additional copies of the Complaint and envelopes and wait for that process to take it's course. It is frustrating. Cary Cary P. Sabol, Esq. P.O. Box 15981 West Palm Beach, Florida 33416 Phone: (561) 281-2744 Confidentiality Notice: This email transmission and any attachments are confidential and may be legally privileged. If you are not the intended recipient, you are hereby notified that any disclosure, copying, distribution, or use of the information contained herein is STRICTLY PROHIBITED. From: Beverly Barnett <BeverlyBarnett@thorntontorrence.com> To: RPPTL Landlord Tenant Committee <landten@lists.flabarrpptl.org> Sent: Tuesday, August 16, 2011 1:46 PM Subject: [RPPTL LandTen] (no subject) I have evicted a tenant on a non-renewal of lease. The Court signed my Judgment for Possession and issued the Writ. Opposing attorney filed an untimely Motion to Dismiss for Lack of Personal Jurisdiction and Set Aside Default stating that “the clerk’s records do not reflect the requisite mailing of process as required by FS 48.183. I provided him with the clerk’s record which verifies that the statute was followed and requested that he withdraw his motion. The Judge stayed the Writ and set a hearing which is tomorrow. As a side note, there has been no money deposited in the Registry. Does anyone have any experience with this? Thanks. Beverly R. Barnett, Esq. Thornton, Torrence & Barnett, P. A. 6709 Ridge Road Suite 106 Port Richey, FL 34668 727-845-6224 The information contained in this transmission is attorney 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 addressee, you are hereby notified that any dissemination or copying of this communication is strictly prohibited. If you have received this communication in error, please notify us immediately by returning the original message to us. Thank you. _______________________________________________ landten mailing list landten@lists.flabarrpptl.org http://mailman.fsr.com/mailman/listinfo/landten

AH

Anthony Horky

Tue, Aug 16, 2011 6:18 PM

I had a court set aside a commercial eviction after an untimely motion to dismiss/vacate default because the mailing was not in the docket. I reissued the summons and complaint – essentially had to start over.

Anthony J. Horky, Esquire

Anthony J. Horky, P.A.

620 Lavers Circle, Suite 228

Delray Beach, FL 33444

Tel: (754) 224-6178

Email: mailto:AJH1502@gmail.com AJH1502@gmail.com

From: landten-bounces@lists.flabarrpptl.org [mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of Cary Sabol
Sent: Tuesday, August 16, 2011 1:50 PM
To: RPPTL Landlord Tenant Committee
Subject: Re: [RPPTL LandTen] (no subject)

Yes, I have also had evictions held up because the Clerk forgot or failed to file their Affidavit of Mailing. Technically the eviction is not effective unless it is also mailed by the Clerk, service by process is not enough, and the clerks forget sometimes. If you have proof on the docket that the Clerk did mail, then you should be ok and the Judge should reinstate the Writ. If the Clerk did fail to file the Affidavit, then you might have to provide additional copies of the Complaint and envelopes and wait for that process to take it's course. It is frustrating.

Cary

Cary P. Sabol, Esq.

P.O. Box 15981

West Palm Beach, Florida 33416

Phone: (561) 281-2744

Confidentiality Notice: This email transmission and any attachments are confidential and may be legally privileged. If you are not the intended recipient, you are hereby notified that any disclosure, copying, distribution, or use of the information contained herein is STRICTLY PROHIBITED.

From: Beverly Barnett BeverlyBarnett@thorntontorrence.com
To: RPPTL Landlord Tenant Committee landten@lists.flabarrpptl.org
Sent: Tuesday, August 16, 2011 1:46 PM
Subject: [RPPTL LandTen] (no subject)

I have evicted a tenant on a non-renewal of lease. The Court signed my Judgment for Possession and issued the Writ. Opposing attorney filed an untimely Motion to Dismiss for Lack of Personal Jurisdiction and Set Aside Default stating that “the clerk’s records do not reflect the requisite mailing of process as required by FS 48.183. I provided him with the clerk’s record which verifies that the statute was followed and requested that he withdraw his motion. The Judge stayed the Writ and set a hearing which is tomorrow. As a side note, there has been no money deposited in the Registry. Does anyone have any experience with this? Thanks.

Beverly R. Barnett, Esq.

Thornton, Torrence & Barnett, P. A.

6709 Ridge Road Suite 106

Port Richey, FL 34668

727-845-6224

The information contained in this transmission is attorney 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 addressee, you are hereby notified that any dissemination or copying of this communication is strictly prohibited. If you have received this communication in error, please notify us immediately by returning the original message to us. Thank you.

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

I had a court set aside a commercial eviction after an untimely motion to dismiss/vacate default because the mailing was not in the docket. I reissued the summons and complaint – essentially had to start over. Anthony J. Horky, Esquire Anthony J. Horky, P.A. 620 Lavers Circle, Suite 228 Delray Beach, FL 33444 Tel: (754) 224-6178 Email: <mailto:AJH1502@gmail.com> AJH1502@gmail.com From: landten-bounces@lists.flabarrpptl.org [mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of Cary Sabol Sent: Tuesday, August 16, 2011 1:50 PM To: RPPTL Landlord Tenant Committee Subject: Re: [RPPTL LandTen] (no subject) Yes, I have also had evictions held up because the Clerk forgot or failed to file their Affidavit of Mailing. Technically the eviction is not effective unless it is also mailed by the Clerk, service by process is not enough, and the clerks forget sometimes. If you have proof on the docket that the Clerk did mail, then you should be ok and the Judge should reinstate the Writ. If the Clerk did fail to file the Affidavit, then you might have to provide additional copies of the Complaint and envelopes and wait for that process to take it's course. It is frustrating. Cary Cary P. Sabol, Esq. P.O. Box 15981 West Palm Beach, Florida 33416 Phone: (561) 281-2744 Confidentiality Notice: This email transmission and any attachments are confidential and may be legally privileged. If you are not the intended recipient, you are hereby notified that any disclosure, copying, distribution, or use of the information contained herein is STRICTLY PROHIBITED. From: Beverly Barnett <BeverlyBarnett@thorntontorrence.com> To: RPPTL Landlord Tenant Committee <landten@lists.flabarrpptl.org> Sent: Tuesday, August 16, 2011 1:46 PM Subject: [RPPTL LandTen] (no subject) I have evicted a tenant on a non-renewal of lease. The Court signed my Judgment for Possession and issued the Writ. Opposing attorney filed an untimely Motion to Dismiss for Lack of Personal Jurisdiction and Set Aside Default stating that “the clerk’s records do not reflect the requisite mailing of process as required by FS 48.183. I provided him with the clerk’s record which verifies that the statute was followed and requested that he withdraw his motion. The Judge stayed the Writ and set a hearing which is tomorrow. As a side note, there has been no money deposited in the Registry. Does anyone have any experience with this? Thanks. Beverly R. Barnett, Esq. Thornton, Torrence & Barnett, P. A. 6709 Ridge Road Suite 106 Port Richey, FL 34668 727-845-6224 The information contained in this transmission is attorney 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 addressee, you are hereby notified that any dissemination or copying of this communication is strictly prohibited. If you have received this communication in error, please notify us immediately by returning the original message to us. Thank you. _______________________________________________ landten mailing list landten@lists.flabarrpptl.org http://mailman.fsr.com/mailman/listinfo/landten

MG

Munoz, Gisela

Tue, Aug 16, 2011 7:50 PM

Speaking of evictions, I have a quick question: how long are evictions of commercial tenants (warehouse in one situation, and retail in another situation) taking nowadays in Miami-Dade County, generally speaking?

If this is an area in which you practice, I’d appreciate it if you could spare a moment to email me an approximate range of time, assuming medium difficulty (i.e., not a case with the most counterclaims and complications in the world, but also not the simplest case in the world).

Many thanks.

Best Regards,

Gisela

http://www.hugheshubbard.com/

Gisela M. Munoz | Counsel
Hughes Hubbard & Reed LLP | 201 South Biscayne Boulevard | Miami, FL 33131-4332
Office 305-373-5665 | Fax 305-371-8759
munoz@hugheshubbard.com

From: landten-bounces@lists.flabarrpptl.org [mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of Cary Sabol
Sent: Tuesday, August 16, 2011 1:50 PM
To: RPPTL Landlord Tenant Committee
Subject: Re: [RPPTL LandTen] (no subject)

Yes, I have also had evictions held up because the Clerk forgot or failed to file their Affidavit of Mailing. Technically the eviction is not effective unless it is also mailed by the Clerk, service by process is not enough, and the clerks forget sometimes. If you have proof on the docket that the Clerk did mail, then you should be ok and the Judge should reinstate the Writ. If the Clerk did fail to file the Affidavit, then you might have to provide additional copies of the Complaint and envelopes and wait for that process to take it's course. It is frustrating.

Cary

Cary P. Sabol, Esq.

P.O. Box 15981

West Palm Beach, Florida 33416

Phone: (561) 281-2744

Confidentiality Notice: This email transmission and any attachments are confidential and may be legally privileged. If you are not the intended recipient, you are hereby notified that any disclosure, copying, distribution, or use of the information contained herein is STRICTLY PROHIBITED.

From: Beverly Barnett BeverlyBarnett@thorntontorrence.com
To: RPPTL Landlord Tenant Committee landten@lists.flabarrpptl.org
Sent: Tuesday, August 16, 2011 1:46 PM
Subject: [RPPTL LandTen] (no subject)

I have evicted a tenant on a non-renewal of lease. The Court signed my Judgment for Possession and issued the Writ. Opposing attorney filed an untimely Motion to Dismiss for Lack of Personal Jurisdiction and Set Aside Default stating that “the clerk’s records do not reflect the requisite mailing of process as required by FS 48.183. I provided him with the clerk’s record which verifies that the statute was followed and requested that he withdraw his motion. The Judge stayed the Writ and set a hearing which is tomorrow. As a side note, there has been no money deposited in the Registry. Does anyone have any experience with this? Thanks.

Beverly R. Barnett, Esq.

Thornton, Torrence & Barnett, P. A.

6709 Ridge Road Suite 106

Port Richey, FL 34668

727-845-6224

The information contained in this transmission is attorney 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 addressee, you are hereby notified that any dissemination or copying of this communication is strictly prohibited. If you have received this communication in error, please notify us immediately by returning the original message to us. Thank you.

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

This email and any files transmitted with it may contain privileged or confidential information. Use, disclosure, copying or distribution of this message by anyone other than the intended recipient is strictly prohibited. If you have received this email in error please notify the sender by reply email and destroy all copies of this message in your possession, custody or control.

Speaking of evictions, I have a quick question: how long are evictions of commercial tenants (warehouse in one situation, and retail in another situation) taking nowadays in Miami-Dade County, generally speaking? If this is an area in which you practice, I’d appreciate it if you could spare a moment to email me an approximate range of time, assuming medium difficulty (i.e., not a case with the most counterclaims and complications in the world, but also not the simplest case in the world). Many thanks. Best Regards, Gisela <http://www.hugheshubbard.com/> Gisela M. Munoz | Counsel Hughes Hubbard & Reed LLP | 201 South Biscayne Boulevard | Miami, FL 33131-4332 Office 305-373-5665 | Fax 305-371-8759 munoz@hugheshubbard.com From: landten-bounces@lists.flabarrpptl.org [mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of Cary Sabol Sent: Tuesday, August 16, 2011 1:50 PM To: RPPTL Landlord Tenant Committee Subject: Re: [RPPTL LandTen] (no subject) Yes, I have also had evictions held up because the Clerk forgot or failed to file their Affidavit of Mailing. Technically the eviction is not effective unless it is also mailed by the Clerk, service by process is not enough, and the clerks forget sometimes. If you have proof on the docket that the Clerk did mail, then you should be ok and the Judge should reinstate the Writ. If the Clerk did fail to file the Affidavit, then you might have to provide additional copies of the Complaint and envelopes and wait for that process to take it's course. It is frustrating. Cary Cary P. Sabol, Esq. P.O. Box 15981 West Palm Beach, Florida 33416 Phone: (561) 281-2744 Confidentiality Notice: This email transmission and any attachments are confidential and may be legally privileged. If you are not the intended recipient, you are hereby notified that any disclosure, copying, distribution, or use of the information contained herein is STRICTLY PROHIBITED. From: Beverly Barnett <BeverlyBarnett@thorntontorrence.com> To: RPPTL Landlord Tenant Committee <landten@lists.flabarrpptl.org> Sent: Tuesday, August 16, 2011 1:46 PM Subject: [RPPTL LandTen] (no subject) I have evicted a tenant on a non-renewal of lease. The Court signed my Judgment for Possession and issued the Writ. Opposing attorney filed an untimely Motion to Dismiss for Lack of Personal Jurisdiction and Set Aside Default stating that “the clerk’s records do not reflect the requisite mailing of process as required by FS 48.183. I provided him with the clerk’s record which verifies that the statute was followed and requested that he withdraw his motion. The Judge stayed the Writ and set a hearing which is tomorrow. As a side note, there has been no money deposited in the Registry. Does anyone have any experience with this? Thanks. Beverly R. Barnett, Esq. Thornton, Torrence & Barnett, P. A. 6709 Ridge Road Suite 106 Port Richey, FL 34668 727-845-6224 The information contained in this transmission is attorney 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 addressee, you are hereby notified that any dissemination or copying of this communication is strictly prohibited. If you have received this communication in error, please notify us immediately by returning the original message to us. Thank you. _______________________________________________ landten mailing list landten@lists.flabarrpptl.org http://mailman.fsr.com/mailman/listinfo/landten ********************************************************************** This email and any files transmitted with it may contain privileged or confidential information. Use, disclosure, copying or distribution of this message by anyone other than the intended recipient is strictly prohibited. If you have received this email in error please notify the sender by reply email and destroy all copies of this message in your possession, custody or control. **********************************************************************

JM

Jeff Mazor

Tue, Aug 16, 2011 7:54 PM

Gisela:

It’s hard to generalize. A defaulted commercial eviction will take us about 28 days from filing suit to Final Default Judgment of Possession (one count complaint). The delay in getting the Sheriff to do the dispossess is about one additional week.

Counterclaims are probably for money and likely over the jurisdictional minimum for the Circuit Court. If that is the case, you can generally forget about the kind of expedited treatment of a simple County Court action for possession, and think more in terms of a civil action for money damages – months, not weeks.

‘Hope that helps.

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 Munoz, Gisela
Sent: Tuesday, August 16, 2011 3:50 PM
To: Cary Sabol; RPPTL Landlord Tenant Committee; BeverlyBarnett@thorntontorrence.com
Subject: Re: [RPPTL LandTen] (no subject)

Speaking of evictions, I have a quick question: how long are evictions of commercial tenants (warehouse in one situation, and retail in another situation) taking nowadays in Miami-Dade County, generally speaking?

If this is an area in which you practice, I’d appreciate it if you could spare a moment to email me an approximate range of time, assuming medium difficulty (i.e., not a case with the most counterclaims and complications in the world, but also not the simplest case in the world).

Many thanks.

Best Regards,

Gisela

http://www.hugheshubbard.com/ http://extimg.hugheshubbard.com/HHR_Logo/hhr_logo.jpg

Gisela M. Munoz | Counsel
Hughes Hubbard & Reed LLP | 201 South Biscayne Boulevard | Miami, FL 33131-4332
Office 305-373-5665 | Fax 305-371-8759
munoz@hugheshubbard.com

From: landten-bounces@lists.flabarrpptl.org [mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of Cary Sabol
Sent: Tuesday, August 16, 2011 1:50 PM
To: RPPTL Landlord Tenant Committee
Subject: Re: [RPPTL LandTen] (no subject)

Yes, I have also had evictions held up because the Clerk forgot or failed to file their Affidavit of Mailing. Technically the eviction is not effective unless it is also mailed by the Clerk, service by process is not enough, and the clerks forget sometimes. If you have proof on the docket that the Clerk did mail, then you should be ok and the Judge should reinstate the Writ. If the Clerk did fail to file the Affidavit, then you might have to provide additional copies of the Complaint and envelopes and wait for that process to take it's course. It is frustrating.

Cary

Cary P. Sabol, Esq.

P.O. Box 15981

West Palm Beach, Florida 33416

Phone: (561) 281-2744

Confidentiality Notice: This email transmission and any attachments are confidential and may be legally privileged. If you are not the intended recipient, you are hereby notified that any disclosure, copying, distribution, or use of the information contained herein is STRICTLY PROHIBITED.

From: Beverly Barnett BeverlyBarnett@thorntontorrence.com
To: RPPTL Landlord Tenant Committee landten@lists.flabarrpptl.org
Sent: Tuesday, August 16, 2011 1:46 PM
Subject: [RPPTL LandTen] (no subject)

I have evicted a tenant on a non-renewal of lease. The Court signed my Judgment for Possession and issued the Writ. Opposing attorney filed an untimely Motion to Dismiss for Lack of Personal Jurisdiction and Set Aside Default stating that “the clerk’s records do not reflect the requisite mailing of process as required by FS 48.183. I provided him with the clerk’s record which verifies that the statute was followed and requested that he withdraw his motion. The Judge stayed the Writ and set a hearing which is tomorrow. As a side note, there has been no money deposited in the Registry. Does anyone have any experience with this? Thanks.

Beverly R. Barnett, Esq.

Thornton, Torrence & Barnett, P. A.

6709 Ridge Road Suite 106

Port Richey, FL 34668

727-845-6224

The information contained in this transmission is attorney 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 addressee, you are hereby notified that any dissemination or copying of this communication is strictly prohibited. If you have received this communication in error, please notify us immediately by returning the original message to us. Thank you.

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

This email and any files transmitted with it may contain privileged or confidential information. Use, disclosure, copying or distribution of this message by anyone other than the intended recipient is strictly prohibited. If you have received this email in error please notify the sender by reply email and destroy all copies of this message in your possession, custody or control.

Gisela: It’s hard to generalize. A defaulted commercial eviction will take us about 28 days from filing suit to Final Default Judgment of Possession (one count complaint). The delay in getting the Sheriff to do the dispossess is about one additional week. Counterclaims are probably for money and likely over the jurisdictional minimum for the Circuit Court. If that is the case, you can generally forget about the kind of expedited treatment of a simple County Court action for possession, and think more in terms of a civil action for money damages – months, not weeks. ‘Hope that helps. 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 Munoz, Gisela Sent: Tuesday, August 16, 2011 3:50 PM To: Cary Sabol; RPPTL Landlord Tenant Committee; BeverlyBarnett@thorntontorrence.com Subject: Re: [RPPTL LandTen] (no subject) Speaking of evictions, I have a quick question: how long are evictions of commercial tenants (warehouse in one situation, and retail in another situation) taking nowadays in Miami-Dade County, generally speaking? If this is an area in which you practice, I’d appreciate it if you could spare a moment to email me an approximate range of time, assuming medium difficulty (i.e., not a case with the most counterclaims and complications in the world, but also not the simplest case in the world). Many thanks. Best Regards, Gisela <http://www.hugheshubbard.com/> http://extimg.hugheshubbard.com/HHR_Logo/hhr_logo.jpg Gisela M. Munoz | Counsel Hughes Hubbard & Reed LLP | 201 South Biscayne Boulevard | Miami, FL 33131-4332 Office 305-373-5665 | Fax 305-371-8759 munoz@hugheshubbard.com From: landten-bounces@lists.flabarrpptl.org [mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of Cary Sabol Sent: Tuesday, August 16, 2011 1:50 PM To: RPPTL Landlord Tenant Committee Subject: Re: [RPPTL LandTen] (no subject) Yes, I have also had evictions held up because the Clerk forgot or failed to file their Affidavit of Mailing. Technically the eviction is not effective unless it is also mailed by the Clerk, service by process is not enough, and the clerks forget sometimes. If you have proof on the docket that the Clerk did mail, then you should be ok and the Judge should reinstate the Writ. If the Clerk did fail to file the Affidavit, then you might have to provide additional copies of the Complaint and envelopes and wait for that process to take it's course. It is frustrating. Cary Cary P. Sabol, Esq. P.O. Box 15981 West Palm Beach, Florida 33416 Phone: (561) 281-2744 Confidentiality Notice: This email transmission and any attachments are confidential and may be legally privileged. If you are not the intended recipient, you are hereby notified that any disclosure, copying, distribution, or use of the information contained herein is STRICTLY PROHIBITED. From: Beverly Barnett <BeverlyBarnett@thorntontorrence.com> To: RPPTL Landlord Tenant Committee <landten@lists.flabarrpptl.org> Sent: Tuesday, August 16, 2011 1:46 PM Subject: [RPPTL LandTen] (no subject) I have evicted a tenant on a non-renewal of lease. The Court signed my Judgment for Possession and issued the Writ. Opposing attorney filed an untimely Motion to Dismiss for Lack of Personal Jurisdiction and Set Aside Default stating that “the clerk’s records do not reflect the requisite mailing of process as required by FS 48.183. I provided him with the clerk’s record which verifies that the statute was followed and requested that he withdraw his motion. The Judge stayed the Writ and set a hearing which is tomorrow. As a side note, there has been no money deposited in the Registry. Does anyone have any experience with this? Thanks. Beverly R. Barnett, Esq. Thornton, Torrence & Barnett, P. A. 6709 Ridge Road Suite 106 Port Richey, FL 34668 727-845-6224 The information contained in this transmission is attorney 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 addressee, you are hereby notified that any dissemination or copying of this communication is strictly prohibited. If you have received this communication in error, please notify us immediately by returning the original message to us. Thank you. _______________________________________________ landten mailing list landten@lists.flabarrpptl.org http://mailman.fsr.com/mailman/listinfo/landten ********************************************************************** This email and any files transmitted with it may contain privileged or confidential information. Use, disclosure, copying or distribution of this message by anyone other than the intended recipient is strictly prohibited. If you have received this email in error please notify the sender by reply email and destroy all copies of this message in your possession, custody or control. **********************************************************************

MG

Munoz, Gisela

Tue, Aug 16, 2011 8:14 PM

Many thanks, Jeffrey. Much appreciated.

Best Regards,

Gisela

http://www.hugheshubbard.com/

Gisela M. Munoz | Counsel
Hughes Hubbard & Reed LLP | 201 South Biscayne Boulevard | Miami, FL 33131-4332
Office 305-373-5665 | Fax 305-371-8759
munoz@hugheshubbard.com

From: landten-bounces@lists.flabarrpptl.org [mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of Jeff Mazor
Sent: Tuesday, August 16, 2011 3:55 PM
To: 'RPPTL Landlord Tenant Committee'; 'Cary Sabol'; BeverlyBarnett@thorntontorrence.com
Subject: Re: [RPPTL LandTen] (no subject)

Gisela:

It’s hard to generalize. A defaulted commercial eviction will take us about 28 days from filing suit to Final Default Judgment of Possession (one count complaint). The delay in getting the Sheriff to do the dispossess is about one additional week.

Counterclaims are probably for money and likely over the jurisdictional minimum for the Circuit Court. If that is the case, you can generally forget about the kind of expedited treatment of a simple County Court action for possession, and think more in terms of a civil action for money damages – months, not weeks.

‘Hope that helps.

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 Munoz, Gisela
Sent: Tuesday, August 16, 2011 3:50 PM
To: Cary Sabol; RPPTL Landlord Tenant Committee; BeverlyBarnett@thorntontorrence.com
Subject: Re: [RPPTL LandTen] (no subject)

Speaking of evictions, I have a quick question: how long are evictions of commercial tenants (warehouse in one situation, and retail in another situation) taking nowadays in Miami-Dade County, generally speaking?

If this is an area in which you practice, I’d appreciate it if you could spare a moment to email me an approximate range of time, assuming medium difficulty (i.e., not a case with the most counterclaims and complications in the world, but also not the simplest case in the world).

Many thanks.

Best Regards,

Gisela

http://www.hugheshubbard.com/

Gisela M. Munoz | Counsel
Hughes Hubbard & Reed LLP | 201 South Biscayne Boulevard | Miami, FL 33131-4332
Office 305-373-5665 | Fax 305-371-8759
munoz@hugheshubbard.com

From: landten-bounces@lists.flabarrpptl.org [mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of Cary Sabol
Sent: Tuesday, August 16, 2011 1:50 PM
To: RPPTL Landlord Tenant Committee
Subject: Re: [RPPTL LandTen] (no subject)

Yes, I have also had evictions held up because the Clerk forgot or failed to file their Affidavit of Mailing. Technically the eviction is not effective unless it is also mailed by the Clerk, service by process is not enough, and the clerks forget sometimes. If you have proof on the docket that the Clerk did mail, then you should be ok and the Judge should reinstate the Writ. If the Clerk did fail to file the Affidavit, then you might have to provide additional copies of the Complaint and envelopes and wait for that process to take it's course. It is frustrating.

Cary

Cary P. Sabol, Esq.

P.O. Box 15981

West Palm Beach, Florida 33416

Phone: (561) 281-2744

Confidentiality Notice: This email transmission and any attachments are confidential and may be legally privileged. If you are not the intended recipient, you are hereby notified that any disclosure, copying, distribution, or use of the information contained herein is STRICTLY PROHIBITED.

From: Beverly Barnett BeverlyBarnett@thorntontorrence.com
To: RPPTL Landlord Tenant Committee landten@lists.flabarrpptl.org
Sent: Tuesday, August 16, 2011 1:46 PM
Subject: [RPPTL LandTen] (no subject)

I have evicted a tenant on a non-renewal of lease. The Court signed my Judgment for Possession and issued the Writ. Opposing attorney filed an untimely Motion to Dismiss for Lack of Personal Jurisdiction and Set Aside Default stating that “the clerk’s records do not reflect the requisite mailing of process as required by FS 48.183. I provided him with the clerk’s record which verifies that the statute was followed and requested that he withdraw his motion. The Judge stayed the Writ and set a hearing which is tomorrow. As a side note, there has been no money deposited in the Registry. Does anyone have any experience with this? Thanks.

Beverly R. Barnett, Esq.

Thornton, Torrence & Barnett, P. A.

6709 Ridge Road Suite 106

Port Richey, FL 34668

727-845-6224

The information contained in this transmission is attorney 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 addressee, you are hereby notified that any dissemination or copying of this communication is strictly prohibited. If you have received this communication in error, please notify us immediately by returning the original message to us. Thank you.

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Many thanks, Jeffrey. Much appreciated. Best Regards, Gisela <http://www.hugheshubbard.com/> Gisela M. Munoz | Counsel Hughes Hubbard & Reed LLP | 201 South Biscayne Boulevard | Miami, FL 33131-4332 Office 305-373-5665 | Fax 305-371-8759 munoz@hugheshubbard.com From: landten-bounces@lists.flabarrpptl.org [mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of Jeff Mazor Sent: Tuesday, August 16, 2011 3:55 PM To: 'RPPTL Landlord Tenant Committee'; 'Cary Sabol'; BeverlyBarnett@thorntontorrence.com Subject: Re: [RPPTL LandTen] (no subject) Gisela: It’s hard to generalize. A defaulted commercial eviction will take us about 28 days from filing suit to Final Default Judgment of Possession (one count complaint). The delay in getting the Sheriff to do the dispossess is about one additional week. Counterclaims are probably for money and likely over the jurisdictional minimum for the Circuit Court. If that is the case, you can generally forget about the kind of expedited treatment of a simple County Court action for possession, and think more in terms of a civil action for money damages – months, not weeks. ‘Hope that helps. 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 Munoz, Gisela Sent: Tuesday, August 16, 2011 3:50 PM To: Cary Sabol; RPPTL Landlord Tenant Committee; BeverlyBarnett@thorntontorrence.com Subject: Re: [RPPTL LandTen] (no subject) Speaking of evictions, I have a quick question: how long are evictions of commercial tenants (warehouse in one situation, and retail in another situation) taking nowadays in Miami-Dade County, generally speaking? If this is an area in which you practice, I’d appreciate it if you could spare a moment to email me an approximate range of time, assuming medium difficulty (i.e., not a case with the most counterclaims and complications in the world, but also not the simplest case in the world). Many thanks. Best Regards, Gisela <http://www.hugheshubbard.com/> Gisela M. Munoz | Counsel Hughes Hubbard & Reed LLP | 201 South Biscayne Boulevard | Miami, FL 33131-4332 Office 305-373-5665 | Fax 305-371-8759 munoz@hugheshubbard.com From: landten-bounces@lists.flabarrpptl.org [mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of Cary Sabol Sent: Tuesday, August 16, 2011 1:50 PM To: RPPTL Landlord Tenant Committee Subject: Re: [RPPTL LandTen] (no subject) Yes, I have also had evictions held up because the Clerk forgot or failed to file their Affidavit of Mailing. Technically the eviction is not effective unless it is also mailed by the Clerk, service by process is not enough, and the clerks forget sometimes. If you have proof on the docket that the Clerk did mail, then you should be ok and the Judge should reinstate the Writ. If the Clerk did fail to file the Affidavit, then you might have to provide additional copies of the Complaint and envelopes and wait for that process to take it's course. It is frustrating. Cary Cary P. Sabol, Esq. P.O. Box 15981 West Palm Beach, Florida 33416 Phone: (561) 281-2744 Confidentiality Notice: This email transmission and any attachments are confidential and may be legally privileged. If you are not the intended recipient, you are hereby notified that any disclosure, copying, distribution, or use of the information contained herein is STRICTLY PROHIBITED. From: Beverly Barnett <BeverlyBarnett@thorntontorrence.com> To: RPPTL Landlord Tenant Committee <landten@lists.flabarrpptl.org> Sent: Tuesday, August 16, 2011 1:46 PM Subject: [RPPTL LandTen] (no subject) I have evicted a tenant on a non-renewal of lease. The Court signed my Judgment for Possession and issued the Writ. Opposing attorney filed an untimely Motion to Dismiss for Lack of Personal Jurisdiction and Set Aside Default stating that “the clerk’s records do not reflect the requisite mailing of process as required by FS 48.183. I provided him with the clerk’s record which verifies that the statute was followed and requested that he withdraw his motion. The Judge stayed the Writ and set a hearing which is tomorrow. As a side note, there has been no money deposited in the Registry. Does anyone have any experience with this? Thanks. Beverly R. Barnett, Esq. Thornton, Torrence & Barnett, P. A. 6709 Ridge Road Suite 106 Port Richey, FL 34668 727-845-6224 The information contained in this transmission is attorney 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 addressee, you are hereby notified that any dissemination or copying of this communication is strictly prohibited. If you have received this communication in error, please notify us immediately by returning the original message to us. Thank you. _______________________________________________ landten mailing list landten@lists.flabarrpptl.org http://mailman.fsr.com/mailman/listinfo/landten ********************************************************************** This email and any files transmitted with it may contain privileged or confidential information. Use, disclosure, copying or distribution of this message by anyone other than the intended recipient is strictly prohibited. If you have received this email in error please notify the sender by reply email and destroy all copies of this message in your possession, custody or control. ********************************************************************** ********************************************************************** This email and any files transmitted with it may contain privileged or confidential information. Use, disclosure, copying or distribution of this message by anyone other than the intended recipient is strictly prohibited. If you have received this email in error please notify the sender by reply email and destroy all copies of this message in your possession, custody or control. **********************************************************************