[RPPTL LandTen] Pro-Art Dental Lab Case
Perhaps this case deserves further attention and discussion. Since the
Court is saying that motion practice is permitted in cases governed by
summary procedure and defaults can't be entered if any motion is filed,
is there now too great an opportunity for tenants to delay eviction in
contravention of the policy behind summary procedure? Does the rent
deposit requirement overcome this potential for abuse? What about a
tenant who holds over in a situation where the landlord has immediate
need for the space (because of a lease to a succeeding tenant or a
redevelopment of the property)?
Arthur J. Menor
Partner
Shutts & Bowen LLP
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I was counsel in this case and I don't see it that way. There were a
variety of peculiar unique problems in this case but speaking generally, I
think all the Court was recognizing was that the summary procedure gives you
the accelerated time table but does not otherwise change the rules of civil
procedure.
Jacobs / Offir, P.L.
Eric Jacobs, J.D., M.B.A.
Managing Partner
Board Certified - Real Estate
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From: landten-bounces@lists.flabarrpptl.org
[mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of Arthur J. Menor
Sent: Tuesday, July 29, 2008 8:37 AM
To: RPPTL Landlord Tenant Committee
Subject: [RPPTL LandTen] Pro-Art Dental Lab Case
Perhaps this case deserves further attention and discussion. Since the
Court is saying that motion practice is permitted in cases governed by
summary procedure and defaults can't be entered if any motion is filed, is
there now too great an opportunity for tenants to delay eviction in
contravention of the policy behind summary procedure? Does the rent
deposit requirement overcome this potential for abuse? What about a tenant
who holds over in a situation where the landlord has immediate need for the
space (because of a lease to a succeeding tenant or a redevelopment of the
property)?
Arthur J. Menor
Partner
Shutts & Bowen LLP
1100 CityPlace Tower, 525 Okeechobee Boulevard | West Palm Beach, FL 33401
Direct: (561) 650-8510 | Fax: (561) 822-5510
mailto:AMenor@shutts.com E-Mail |
<http://www.shutts.com/index.cfm/fa/attorney.bio/atty/8051073b-833e-444a-8b5
7-a6912a6d5435/Arthur_J_Menor.cfm/> Biography |
<http://www.shutts.com/index.cfm/fa/attorney.vcf/atty/8051073b-833e-444a-8b5
7-a6912a6d5435/Arthur_J_Menor.cfm/> V-Card | http://www.shutts.com/
Website
Please note our new office address above
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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
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person other than the sender or this firm of that
transaction or matter, and such taxpayer should seek
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"Arthur J. Menor" AMenor@shutts.com 7/29/2008 8:37 AM >>>
Perhaps this case deserves further attention and discussion. Since the
Court is saying that motion practice is permitted in cases governed by
summary procedure and defaults can't be entered if any motion is filed,
is there now too great an opportunity for tenants to delay eviction in
contravention of the policy behind summary procedure? Does the rent
deposit requirement overcome this potential for abuse? What about a
tenant who holds over in a situation where the landlord has immediate
need for the space (because of a lease to a succeeding tenant or a
redevelopment of the property)?
Arthur J. Menor
Partner
Shutts & Bowen LLP
1100 CityPlace Tower, 525 Okeechobee Boulevard | West Palm Beach, FL
33401
Direct: (561) 650-8510 | Fax: (561) 822-5510
E-Mail mailto:AMenor@shutts.com | Biography
<http://www.shutts.com/index.cfm/fa/attorney.bio/atty/8051073b-833e-444a
-8b57-a6912a6d5435/Arthur_J_Menor.cfm/> | V-Card
<http://www.shutts.com/index.cfm/fa/attorney.vcf/atty/8051073b-833e-444a
-8b57-a6912a6d5435/Arthur_J_Menor.cfm/> | Website
http://www.shutts.com/
Please note our new office address above
IRS CIRCULAR 230 NOTICE: Pursuant to recently enacted
U.S. Treasury Department Regulations, we are now required
to advise you that, unless otherwise expressly indicated,
any federal tax advice expressed above was neither
written nor intended by the sender or this firm to be
used and cannot be used by any taxpayer for the purpose
of avoiding penalties that may be imposed under U.S. tax
law. If any person uses or refers to any such tax advice
in promoting, marketing or recommending a partnership or
other entity, investment plan or arrangement to any
taxpayer, then the advice should be considered to have
been written to support the promotion or marketing by a
person other than the sender or this firm of that
transaction or matter, and such taxpayer should seek
advice based on the taxpayer's particular circumstances
from an independent tax advisor.
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