[RPPTL LandTen] Jurisdiction Question

Tue Sep 27 14:09:42 PDT 2011

I am representing the Tenant in this situation.

From: landten-bounces at lists.flabarrpptl.org [mailto:landten-bounces at lists.flabarrpptl.org] On Behalf Of David Weisman
Sent: Tuesday, September 27, 2011 5:04 PM
To: RPPTL Landlord Tenant Committee
Subject: Re: [RPPTL LandTen] Jurisdiction Question

I had a case which I filed for eviction for non-payment. The defendant tried to defend and of course was required to deposit the money into the court registry. The amount of the rent deposited exceeded $15,000 and the judge refused to hear the case. He ordered it transferred.

If this is a possibility, file in Circuit to save the time involved with the transfer process.

David  Weisman

Board Certified Real Estate Lawyer

Greenspoon Marder, P.A.

Trade Center South, Suite 700

100 West Cypress Creek Road

Ft. Lauderdale, FL 33309

Phone 954-491-1120

Toll Free 888-491-1120

Direct Phone 954-343-6941

Direct Fax 954-343-6942

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From: landten-bounces at lists.flabarrpptl.org [mailto:landten-bounces at lists.flabarrpptl.org] On Behalf Of Manuel Farach
Sent: Tuesday, September 27, 2011 4:30 PM
To: lesstevens at earthlink.net; RPPTL Landlord Tenant Committee
Cc: 'James Reyer'
Subject: Re: [RPPTL LandTen] Jurisdiction Question

County court has jurisdiction of “pure” possession actions no matter how much rent is in default. If there were a second count for damages in excess of $15,000, then you could move to transfer to circuit court

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Manuel Farach / Of Counsel - Board Certified in Real Estate Law and Business Litigation by The Florida Bar

Richman Greer P.A.
One Clearlake Centre
Suite 1504
250 Australian Avenue South
West Palm Beach, Florida 33401
Office: 561.803.3500
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From: landten-bounces at lists.flabarrpptl.org [mailto:landten-bounces at lists.flabarrpptl.org] On Behalf Of lesstevens
Sent: Tuesday, September 27, 2011 4:26 PM
To: 'RPPTL Landlord Tenant Committee'
Cc: 'James Reyer'
Subject: [RPPTL LandTen] Jurisdiction Question

Stupid Question time:

I have a commercial client who owes rents significantly in excess of the $15k jurisdiction of the County Court. Suit is filed in County Court ONLY for eviction. Can this be sustained, or do I have a basis for moving the Court to transfer the case to the Circuit Court despite there being no demand for money?

Les H. Stevens, Esquire
Les H. Stevens, P.A.
5301 North Federal Highway
Suite 130
Boca Raton, Florida 33487
Tel. - (561) 989-9797
Fax - (561) 989-8484
E-Mail - lesstevens at earthlink.net

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