[RPPTL LandTen] (no subject)

[Anthony Horky]

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 at gmail.com> AJH1502 at gmail.com

 

From: landten-bounces at lists.flabarrpptl.org [mailto:landten-bounces at 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

 

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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 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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