[RPPTL LandTen] Jury Trial Waivers/Guaranty

[Manuel Farach]

Neil,
There are a series of recent (within the past year) Florida cases which discuss when documents are to be read as one whole document and when they are not. To oversimplify their holdings, the cases state that separate documents will be considered one document when the parties express an intent to have all documents read as one whole document. To a certain extent, it’s a factual determination but you should be able to get a good sense of whether that was in the intent in this case.
I hope that helps.
Manny


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From: landten-bounces at lists.flabarrpptl.org [mailto:landten-bounces at lists.flabarrpptl.org] On Behalf Of Neil B. Shoter
Sent: Friday, July 27, 2012 2:46 PM
To: RPPTL Landlord Tenant Committee
Subject: [RPPTL LandTen] Jury Trial Waivers/Guaranty

Question for the litigators:  Lease contains a common mutual jury trial waiver. Tenant defaults. Landlord sues Tenant and the Guarantor.  The Guaranty does not have jury trial waiver.    What happens if the Guarantor wants a jury trial on both his liability and the underlying defenses to Tenant’s underlying obligations??   Any experience with this?

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Neil B. Shoter
Partner / LEED Accredited Professional
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