[RPPTL LandTen] A Little Confusing to Follow, But . . .

[Cary Sabol]

Manny,
 
Quick procedural question.  I had an opposing attorney file a 57.105 Motion for Sanctions against me because he claims my MSJ is frivolous.  The M/Sanctions was then filed with the court prior to the 21 day period (not that I was going to withdraw my MSJ anyways) and he claims it was a secretarial error.  Now he went and filed an "Amended" 57.105 Motion which is a mirror image of the first.
 
Do you think I should challenge the Amended Motion as a procedural issue - e.g. he lost the right to file it because the first motion was filed incorrectly - or just let it go and argue the merits of his 57.105 Motion if and when the time comes?
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: Manuel Farach <MFarach at richmangreer.com>
To: RPPTL Landlord Tenant Committee <landten at lists.flabarrpptl.org> 
Sent: Monday, March 12, 2012 3:30 PM
Subject: [RPPTL LandTen] A Little Confusing to Follow, But  . .  .
  

 
This is what I get out of this case: 
  
Ward v. Ward, --- So.3d ----, 2012 WL 695644 (Fla. 1st DCA 2012). 
The fact that a party has been properly ejected from property is not a complete defense to a claim there was an earlier wrongful eviction. 
   

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