[RPPTL LandTen] Jury Trial Waivers/Guaranty

[Marc Shuster]

My view: the case law would probably be against enforcing such a clause but I could also see a state court judge perhaps using it as a tool to favor his or her agenda

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 Drobner, David S.
Sent: Friday, July 27, 2012 4:11 PM
To: RPPTL Landlord Tenant Committee
Subject: Re: [RPPTL LandTen] Jury Trial Waivers/Guaranty

Sometimes we see language that addresses it actually speaking to consolidation - but I've always wondered if it works... like the following - anyone know if this is enforceable in FL?

THE PARTIES HEREBY WAIVE TRIAL BY JURY IN ANY ACTION, PROCEEDING OR COUNTERCLAIM BROUGHT BY EITHER PARTY AGAINST THE OTHER ON ANY MATTER WHATSOEVER ARISING OUT OF OR IN ANY WAY CONNECTED WITH THIS AGREEMENT, THE RELATIONSHIP OF THE PARTIES CREATED HEREBY, AND/OR ANY CLAIM FOR DAMAGE.  THE PARTIES FURTHER HEREBY WAIVE THE RIGHT TO CONSOLIDATE ANY ACTION IN WHICH A JURY TRIAL HAS BEEN WAIVED WITH ANY OTHER ACTION IN WHICH A JURY TRIAL HAS NOT BEEN WAIVED.




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 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>



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