[RPPTL LandTen] Jury Trial Waivers/Guaranty

[Marc Shuster]

Right you are Neil!

Marc Stephen Shuster
Berger Singerman LLP
1450 Brickell Ave., Suite 1900
Miami, FL 33131
Office + 1 305 982 4080
Cell +1 954 257 9059
mshuster at bergersingerman.com<mailto:mshuster at bergersingerman.com>


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 3:56 PM
To: 'RPPTL Landlord Tenant Committee'
Subject: Re: [RPPTL LandTen] Jury Trial Waivers/Guaranty

Thanks Marc, if it was simple...no one would need attorneys!



[http://www.shutts.com/shutts100.jpg]

Neil B. Shoter
Partner / LEED Accredited Professional
________________________________
Shutts & Bowen LLP
CityPlace Tower, 525 Okeechobee Blvd, Suite 1100 | West Palm Beach, FL 33401
Direct: (561) 650-8535 | Fax: (561) 822-5525
E-Mail<mailto:NShoter at shutts.com> | Biography<http://www.shutts.com/attorneys-Neil-Shoter.html> | V-Card<http://www.shutts.com/vcard-181.vcf> | Website<http://www.shutts.com>



From: landten-bounces at lists.flabarrpptl.org<mailto:landten-bounces at lists.flabarrpptl.org> [mailto:landten-bounces at lists.flabarrpptl.org] On Behalf Of Marc Shuster
Sent: Friday, July 27, 2012 3:45 PM
To: RPPTL Landlord Tenant Committee
Subject: Re: [RPPTL LandTen] Jury Trial Waivers/Guaranty

Guarantor has a right to jury trial on the claim against him as to his payment obligation.   If guarantor has right to raise defenses he may have a right to jury trial - overall not a simple answer


Marc Stephen Shuster
Berger Singerman LLP
1450 Brickell Ave., Suite 1900
Miami, FL 33131
Office + 1 305 982 4080
Cell +1 954 257 9059
mshuster at bergersingerman.com<mailto:mshuster at bergersingerman.com>


From: landten-bounces at lists.flabarrpptl.org<mailto: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?

[http://www.shutts.com/shutts100.jpg]

Neil B. Shoter
Partner / LEED Accredited Professional
________________________________
Shutts & Bowen LLP
CityPlace Tower, 525 Okeechobee Blvd, Suite 1100 | West Palm Beach, FL 33401
Direct: (561) 650-8535 | Fax: (561) 822-5525
E-Mail<mailto:NShoter at shutts.com> | Biography<http://www.shutts.com/attorneys-Neil-Shoter.html> | V-Card<http://www.shutts.com/vcard-181.vcf> | Website<http://www.shutts.com>



IRS CIRCULAR 230 NOTICE: Pursuant to recently enacted
U.S. Treasury Department Regulations, we are now required
to advise you that, unless otherwise expressly indicated,
any federal tax advice expressed above was neither
written nor intended by the sender or this firm to be
used and cannot be used by any taxpayer for the purpose
of avoiding penalties that may be imposed under U.S. tax
law. If any person uses or refers to any such tax advice
in promoting, marketing or recommending a partnership or
other entity, investment plan or arrangement to any
taxpayer, then the advice should be considered to have
been written to support the promotion or marketing by a
person other than the sender or this firm of that
transaction or matter, and such taxpayer should seek
advice based on the taxpayer's particular circumstances
from an independent tax advisor.


The information in this email transmission is privileged
and confidential. If you are not the intended recipient,
nor the employee or agent responsible for delivering it to
the intended recipient, you are hereby notified that any
dissemination or copying of this transmission (including
any attachments) is strictly prohibited. If you have
received this email in error, please notify the sender by
email reply. Thank you.
-------------- next part --------------
An HTML attachment was scrubbed...
URL: <http://mailman.fsr.com/mailman/private/landten/attachments/20120727/bf538543/attachment-0001.html>
-------------- next part --------------
A non-text attachment was scrubbed...
Name: image001.jpg
Type: image/jpeg
Size: 31534 bytes
Desc: image001.jpg
URL: <http://mailman.fsr.com/mailman/private/landten/attachments/20120727/bf538543/attachment-0001.jpg>