[RPPTL LandTen] Jurisdiction Question
Anthony J. Horky
ajhorky.law at gmail.com
Thu Sep 29 14:09:25 PDT 2011
Residential or nonresidential?
Anthony J. Horky, Esquire
Anthony J. Horky, P.A.
301 Yamato Road, Suite 1240
Boca Raton, Florida 33431
Telephone: (561) 226-4628
Facsimile: (561) 994-6693
Email: ajhorky.law at gmail.com
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From: landten-bounces at lists.flabarrpptl.org
[mailto:landten-bounces at lists.flabarrpptl.org] On Behalf Of Beverly Barnett
Sent: Thursday, September 29, 2011 5:05 PM
To: Cary Sabol; RPPTL Landlord Tenant Committee
Subject: Re: [RPPTL LandTen] Jurisdiction Question
I have a Notice of Contest of Amount of Money to be Placed into the Court’s
Registry from the opposing attorney. It is my understanding from reading
info from members of this committee and the case law that the amount of rent
that is due must be deposited into the Clerk’s Registry before this motion
can be heard. Otherwise, a default can be entered. Is this correct?
Beverly R. Barnett, Esq.
Thornton, Torrence & Barnett, P. A.
6709 Ridge Road Suite 106
Port Richey, FL 34668
727-845-6224
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[mailto:landten-bounces at lists.flabarrpptl.org] On Behalf Of Cary Sabol
Sent: Thursday, September 29, 2011 10:05 AM
To: RPPTL Landlord Tenant Committee
Subject: Re: [RPPTL LandTen] Jurisdiction Question
I would also concur with Manny, but a legislative clarification might also
be a good idea to ensure unform application of the issue.
Cary
Law Offices of Cary P. Sabol
P.O. Box 15981 | West Palm Beach | Florida | 33416
Phone: (561) 281-2744
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From: Michael Grant <michael at rbwarrenlaw.com>
To: RPPTL Landlord Tenant Committee <landten at lists.flabarrpptl.org>
Sent: Thursday, September 29, 2011 9:17 AM
Subject: Re: [RPPTL LandTen] Jurisdiction Question
I concur with Manny and have used that argument successfully numerous times
in Palm Beach, Broward, and Dade County Courts. So far, only one Broward
County Court Judge disagreed with the argument and insisted on transferring
the case to Circuit Court.
Michael
Michael L. Grant, Esq.
RICHARD B. WARREN, P.A.
1555 Palm Beach Lakes Boulevard, Suite 1006
West Palm Beach, FL 33401
Telephone: (561) 681-9494 | Facsimile: (561) 681-9436
WWW.RBWARRENLAW.COM
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From: landten-bounces at lists.flabarrpptl.org
[mailto:landten-bounces at lists.flabarrpptl.org] On Behalf Of Manuel Farach
Sent: Wednesday, September 28, 2011 6:56 PM
To: RPPTL Landlord Tenant Committee
Subject: Re: [RPPTL LandTen] Jurisdiction Question
My argument in the past has been that a “pure” possession action does not
determine how much the tenant owes, it only determines whether there is a
default entitling the landlord to possession and the amount of the default
(whether it is $100 or $100,000) is immaterial. Tenants have, of course,
argued that the amount allegedly in default was in excess of the County
Court’s jurisdiction and the case should therefore be transferred to Circuit
Court. I replied that if the Tenant’s argument was correct, then section
34.011 (2) would say “the County Court has jurisdiction for actions for
possession where the amount in default is within the monetary jurisdiction
of the County Court,” i.e., a repeat of section 1. By pointing that out, the
courts have realized the Tenant’s argument makes no sense.
I can’t say I have had this issue come up a lot of times in my practice
(maybe twice?), but my argument has been successful. I defer, however, to my
colleagues who litigate evictions day in and day out and have more
experience than I do with this issue.
I’ve always thought “amount in controversy” is the issue of money damages,
i.e., how much money you are asking for. Technically speaking, there is no
“amount in controversy” in a “pure” possession action because the landlord
is not asking for money damages. If Landlord files a two-count complaint
(one count asking for money damages), then I think “amount in controversy”
comes into play.
I’m really curious what others think on this issue.
Thanks
Manny
<http://www.richmangreer.com/emailsig/logo.gif>
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
Fax:
Direct:
Email:
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From: landten-bounces at lists.flabarrpptl.org
[mailto:landten-bounces at lists.flabarrpptl.org] On Behalf Of Anthony J. Horky
Sent: Wednesday, September 28, 2011 10:45 AM
To: 'RPPTL Landlord Tenant Committee'
Subject: Re: [RPPTL LandTen] Jurisdiction Question
All: I think the jurisdiction statute when read in conjunction with Chapter
83 answers Les’s question and obviates the need for a statutory amendment.
In my opinion, the summary nature of possession actions still remains, but
where the parties are in dispute over amounts exceeding $15,000.00 (or any
amount), they have a right to an evidentiary hearing to adjudicate this
issue. The “delay” in proceeding in circuit court seems to exist because of
an overloaded court system, not from an ambiguity or other procedural
problem with §§ 51.011 or 83.21, Fla. Stat.
Here’s my view:
Section 34.11(2), Fla. Stat., states that “[t][he county court shall have
exclusive jurisdiction of proceedings relating to the right of possession of
real property and to the forcible or unlawful detention of lands and
tenants, except that the circuit court has jurisdiction if the amount in
controversy exceeds the jurisdictional limits of the county court
”
Emphasis added.
Section 83.232, Fla. Stat. states that “[i]n an action by the landlord which
includes a claim for possession of real property” if the tenant contests
the amount alleged in the complaint, or interposes the defense of payment or
satisfaction of the rent in the amount alleged in the complaint, the court
must make a determination of what rent, if any is due and enter an order
that the tenant pay the amount determined by the court as due into the court
registry.
I think that § 34.11(2), Fla. Stat. supports Manuel’s statement that county
courts have jurisdiction over “pure” possession actions, but this implies an
action where there is no dispute as to the amount of rent due. If the
tenant disputes the amount of rent due or interposes the defense of payment,
this places the amount of rent into the category of the amount in
controversy , which will require an evidentiary hearing to resolve. A plain
meaning interpretation of “except that the circuit court has jurisdiction if
the amount in controversy exceeds the jurisdictional limits of the county
court” means that in possession actions where the tenant disputes the amount
of rent due or interposes a defense of payment, the county court cannot
enter an order or adjudicate an amount in controversy that exceeds its
jurisdictional limit of $15,000.00.
Any alternative arguments will be appreciated.
Thank you.
Anthony J. Horky, Esquire
Anthony J. Horky, P.A.
301 Yamato Road, Suite 1240
Boca Raton, Florida 33431
Telephone: (561) 226-4628
Facsimile: (561) 994-6693
Email: ajhorky.law at gmail.com
This message and the documents attached to it, if any, are intended only for
the use of the addressee and may contain information that is attorney-client
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From: landten-bounces at lists.flabarrpptl.org
[mailto:landten-bounces at lists.flabarrpptl.org] On Behalf Of Arthur J. Menor
Sent: Tuesday, September 27, 2011 6:27 PM
To: 'RPPTL Landlord Tenant Committee'
Subject: Re: [RPPTL LandTen] Jurisdiction Question
This seems like an issue that might be ripe for a legislative fix. The rent
deposit statute was intended to speed up the process of eviction for
non-payment of rent. It appears that it may be having the opposite effect.
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Arthur J. Menor
Partner
Shutts & Bowen LLP
1100 CityPlace Tower, 525 Okeechobee Boulevard | West Palm Beach, FL 33401
Direct: (561) 650-8510 | Fax: (561) 822-5510
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From: landten-bounces at lists.flabarrpptl.org
[mailto:landten-bounces at lists.flabarrpptl.org] On Behalf Of Anthony J. Horky
Sent: Tuesday, September 27, 2011 4:41 PM
To: 'RPPTL Landlord Tenant Committee'
Subject: Re: [RPPTL LandTen] Jurisdiction Question
It is true that county court has jurisdiction over the possession count.
However, what if the tenant disputes the amount of rent due and files a
motion to determine the amount of rent due? Does the county court have
jurisdiction to adjudicate and enter an order that tenant deposit an amount
of money that exceeds its jurisdictional limit? I’m not so sure on that.
Anthony J. Horky, Esquire
Anthony J. Horky, P.A.
301 Yamato Road, Suite 1240
Boca Raton, Florida 33431
Telephone: (561) 226-4628
Facsimile: (561) 994-6693
Email: ajhorky.law at gmail.com
This message and the documents attached to it, if any, are intended only for
the use of the addressee and may contain information that is attorney-client
privileged or confidential, and/or may contain attorney work product. If
you are not the intended recipient, you are hereby notified that any
dissemination of this communication is strictly prohibited. If you have
received this communication in error, please delete all electronic copies of
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have created and notify me immediately at: ajhorky.law at gmail.com.
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Tax Advice Disclosure: To ensure compliance with requirements imposed by the
IRS under Circular 230, we inform you that any U.S. federal tax advice
contained in this communication (including any attachments), unless
otherwise specifically stated, was not intended or written to be used, and
cannot be used, for the purpose of (1) avoiding penalties under the Internal
Revenue Code or (2) promoting, marketing or recommending to another party
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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
<http://www.richmangreer.com/emailsig/logo.gif>
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
Fax:
Direct:
Email:
www.RichmanGreer.com
<http://www.richmangreer.com/emailsig/meritas.gif>
To ensure compliance with requirements imposed by the IRS, we inform
you that any U.S. federal tax advice contained in this communication
(including
any attachments) is not intended or written to be used, and cannot be used,
for
the purpose of (i) avoiding penalties under the Internal Revenue Code or
(ii)
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matter
addressed herein.
This message contains confidential information and is intended for
lesstevens at earthlink.net, landten at lists.flabarrpptl.org,
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jrlaw10 at bellsouth.net you are notified that disclosing, copying,
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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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