[RPPTL LandTen] N-1003 - Landlord Tenant Committee: Transfer Case from Circuit to County

Tue May 6 11:21:21 PDT 2014

Thank you Chuck.

This is a great example of the benefits of committee membership and of the list serve.  Please take a minute to think which of your colleagues are not members of the Landlord/Tenant committee and on the list serve and encourage them to join.  There is no cost to join the committee if you are a RPPTL section member, no work required and the more good lawyers we have participating in the list serve the better it becomes.

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From: landten-bounces at lists.flabarrpptl.org [mailto:landten-bounces at lists.flabarrpptl.org] On Behalf Of Manuel Farach
Sent: Tuesday, May 06, 2014 2:03 PM
To: RPPTL Landlord Tenant Committee
Subject: Re: N-1003 - Landlord Tenant Committee: [RPPTL LandTen] Transfer Case from Circuit to County

Thanks Chuck; I think that is what we've got
Manny

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

Richman Greer P.A.
One Clearlake Centre
Suite 1504
250 Australian Avenue South
West Palm Beach, Florida 33401
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From: landten-bounces at lists.flabarrpptl.org<mailto:landten-bounces at lists.flabarrpptl.org> [mailto:landten-bounces at lists.flabarrpptl.org] On Behalf Of Chuck Hoskin
Sent: Tuesday, May 06, 2014 1:56 PM
To: 'RPPTL Landlord Tenant Committee'
Subject: [RPPTL LandTen] Transfer Case from Circuit to County

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> [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

Richman Greer P.A.
One Clearlake Centre
Suite 1504
250 Australian Avenue South
West Palm Beach, Florida 33401
Office: 561.803.3500
Fax: 561.820.1608
Direct: 561.803.3501
Email: MFarach at richmangreer.com<mailto:MFarach at richmangreer.com>
www.RichmanGreer.com<http://www.RichmanGreer.com>

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