[RPPTL LandTen] Transfer Case from Circuit to County

[Chuck Hoskin]

Got one right now.  Tenant claimed that they had an option and the county court kicked it up to circuit for the landlord to file an ejectment case.  I believe the case law says that it is still an eviction case if the tenant has not exercised the option.  Since exercise of the option is a question of fact, I plead Count I for eviction alleging and unexercised option and Count II for ejectment.  See attached cases.

Chuck Hoskin

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From: landten-bounces at lists.flabarrpptl.org [mailto:landten-bounces at lists.flabarrpptl.org] On Behalf Of Arlene C. Udick
Sent: Tuesday, May 06, 2014 12:46 PM
To: 'RPPTL Landlord Tenant Committee'
Subject: Re: [RPPTL LandTen] Transfer Case from Circuit to County

Dear Manny,

I may be missing something, but I believe the 2 claims are unrelated and that you can go forward with the eviction, notwithstanding the alleged oral option to purchase.  It seems that the circuit court case has a statute of frauds issue, and unless the lawyer took some action relying on the option to purchase, the case should be dismissed for failure to state a claim since there is no writing to enforce the option.  Arlene

From: landten-bounces at lists.flabarrpptl.org<mailto:landten-bounces at lists.flabarrpptl.org> [mailto:landten-bounces at lists.flabarrpptl.org] On Behalf Of Manuel Farach
Sent: Tuesday, May 06, 2014 12:05 PM
To: RPPTL Landlord Tenant Committee
Subject: [RPPTL LandTen] Transfer Case from Circuit to County

Does anyone have case law/practical suggestions for this fact situation?
My client gives notice to leave/files for eviction against his month to month tenant as my client has a buyer for the property. I file for eviction  in county court, but tenant (who is a lawyer) files suit in circuit court claiming he has an oral option to purchase the property by matching the price.
Any case law on this? I’m drawing a blank on my research as it appears to be under Rule 1.060 but there are no cases on this narrow issue
Thanks in advance
Manny
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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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Email: MFarach at richmangreer.com<mailto:MFarach at richmangreer.com>
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