[RPPTL LandTen] Escrow and Rent Issues

[Beverly Barnett]

I would appreciate anybody's opinion on awarding attorney fees on this case.  I filed an eviction case in May of 2010.  After several hearings, the Judge signed an order granting his involuntary dismissal of the case on Oct 10, 2010.  I filed a new eviction case which eventually gave my client possession.  There was $3600 in the registry of the court deposited on the old case.  I motioned the court to release these funds to my client on Oct 7, 2011.  The argument from opposing was that the court did not retain jurisdiction in the old case.  The judge decided to establish jurisdiction for the purpose of my motion for release of funds and ordered that the funds be disbursed in equal amounts between both parties.  Opposing has filed a motion for attorney fees based on FS 83.48 which is being heard tomorrow.  I don't find anything that would permit the court to award opposing attorney fees.  Any help would be greatly appreciated.  Thanks


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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________________________________
From: landten-bounces at lists.flabarrpptl.org [mailto:landten-bounces at lists.flabarrpptl.org] On Behalf Of Harry Heist
Sent: Tuesday, January 17, 2012 3:38 PM
To: 'RPPTL Landlord Tenant Committee'
Subject: [RPPTL LandTen] Escrow and Rent Issues

I just refused to work for a property management company who uses her attorney to hold all the tenant's Security Deposits and also has all rent deposited into their attorney's account. The attorney then disburses it to the owners and the property management company and charges them a fee for this.

In light of the Ira Hatch debacle http://www.verobeach32963.com/STORIES%202010/JANUARY/vb63_IraHatch_issue4_012110.html  I feel this is a poor idea and wonder whether it is even proper for the attorney to be receiving rents and disbursing as he does.  It sounds like a Trust Account nightmare. and in a sense, he is acting as a property manager presumably using his Trust Account.

The reason is that the property manager feels she is "safe" having the attorney handle the funds like this.

Thoughts?

Harry


LAW OFFICES OF
HEIST, WEISSE, DAVIS & WOLK P.A.
PH: 1 800 253 8428
FAX: 1 800 367 9038
"Serving the Property Management Professional"
Website:  www.evict.com<http://www.evict.com/>
Email: harry at evict.com<mailto:harry at evict.com>
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