[RPPTL LandTen] (no subject)

[Cary Sabol]

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
 
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From: Beverly Barnett <BeverlyBarnett at thorntontorrence.com>
To: RPPTL Landlord Tenant Committee <landten at 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
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