[RPPTL LandTen] Committee Meeting Information and Agenda

[Beverly Barnett]

Neil:

 

I wonder if it would be possible for the committee to discuss a
landlord/tenant case with which I have issues.  It could be that it has
been discussed prior.  I had an eviction action which became complex and
the tenant raised an issue about her equity position.  She never proved
her position even during an evidentiary hearing.  I held that she had an
oral month to month tenancy.  Prior to the evidentiary hearing, her
attorney admitted to the court that he did not have any evidence to
prove her equity position and asked to move to the final hearing for
possession.  The Judge still insisted on an evidentiary hearing.  In the
end the Judge determined that there was no landlord/tenant relationship
even though there was no evidence that the tenant had any equity
position and the tenant had been paying rent and is still residing
there.  She based her ruling on Toledo v Escamilla, 962 So.2d 1028,
District Court of Appeal of Florida, Third District, because she
believes this case states that any oral agreement must be for the
duration of less than 1 year.  If it is longer, there is not
landlord/tenant relationship.

 

I would like some input about this case as well as the type of action I
now need to take to remove the "tenants."  This case indicates that it
would be an ejectment action.

 

Thanks.

 

Beverly Barnett 

 

________________________________

From: landten-bounces at lists.flabarrpptl.org
[mailto:landten-bounces at lists.flabarrpptl.org] On Behalf Of Neil B.
Shoter
Sent: Tuesday, July 22, 2008 9:29 AM
To: landten at lists.flabarrpptl.org
Subject: [RPPTL LandTen] Committee Meeting Information and Agenda

 

In conjunction with the RPPTL Section of the Florida Bar Executive
Council Meeting to be held at the Breakers Palm Beach Resort, July
24-27, the Landlord/ Tenant Committee is scheduled to meet on Thursday,
July 24th from 9:30 a.m to 11:30 a.m.  [Gulfstream Room 1,2]

 

Members not present in person may join by conference call:

 

Call-in information:

Dial-In Number (866-411-5140) and your Conference Code (40809292).
At the specified time, dial your Reservationless-Plus Dial-In Number.
When prompted, enter your Conference Code followed by #.

 

Attachments:

    Meeting Agenda

    Case:  Pro-Art Dental Lab Inc v. V-Strategic Group LLC

 

 

 

We appreciate your participation.

 

Neil Shoter, Committee Vice-Chair

 

  ***  Please remember to inform your colleagues that joining our
Committee can be easily accomplished by providing their email address to
Committee Chair, Arthur J. Menor, amenor at shutts.com.  Thank you. 

 

 

Neil B. Shoter 
Partner  

________________________________

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 at shutts.com>  | Biography
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<http://www.shutts.com/> 

 

Please note our new office address above

 

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