[RPPTL LandTen] Jurisdiction Question

Tue Sep 27 14:22:17 PDT 2011

  We, as landlords, routinely agree to the $15k limit; circuit court, 
under almost any scenario, will take much longer, too long.

Lainie J. Simon, Esq.
185 NW Spanish River Boulevard
Suite 220
Boca Raton, FL  33431
561.997.1773
561.445.1361 (cell)
561.997.8448 (fax)

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On 9/27/11 5:04 PM, David Weisman wrote:
>
> 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.
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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
>
> Manuel Farach / Of Counsel - Board Certified in Real Estate Law and 
> Business Litigation by The Florida Bar
>
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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
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> Boca Raton, Florida 33487
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