[RPPTL LandTen] (no subject)

Tue Aug 16 13:14:22 PDT 2011

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 at hugheshubbard.com

From: landten-bounces at lists.flabarrpptl.org [mailto:landten-bounces at lists.flabarrpptl.org] On Behalf Of Jeff Mazor
Sent: Tuesday, August 16, 2011 3:55 PM
To: 'RPPTL Landlord Tenant Committee'; 'Cary Sabol'; BeverlyBarnett at 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 at Mazor.com

From: landten-bounces at lists.flabarrpptl.org [mailto:landten-bounces at lists.flabarrpptl.org] On Behalf Of Munoz, Gisela
Sent: Tuesday, August 16, 2011 3:50 PM
To: Cary Sabol; RPPTL Landlord Tenant Committee; BeverlyBarnett at 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 at hugheshubbard.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

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 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. 

_______________________________________________
landten mailing list
landten at 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.
**********************************************************************
-------------- next part --------------
An HTML attachment was scrubbed...
URL: http://mailman.fsr.com/mailman/private/landten/attachments/20110816/35ce088c/attachment-0001.html 
-------------- next part --------------
A non-text attachment was scrubbed...
Name: not available
Type: image/jpeg
Size: 14440 bytes
Desc: image001.jpg
Url : http://mailman.fsr.com/mailman/private/landten/attachments/20110816/35ce088c/attachment-0001.jpe 