[RPPTL LandTen] Question: Count II

Thu Sep 25 11:24:29 PDT 2014

No need to worry about it if your complaint is accurate as to the address of the rental (ie the old address) and personal service is accomplished. It is ok to serve the original complainy. Judge will hold person served to the reasonable meaning of the language in summons and complaint which doesn't even reference a new address that is not part of the suit. No reasonable basis for confusion unless you do something other than personal service.

Sorry my last email about in rem and in personam did not have my name.

Patrick Hogan
Pat at HoganLegalServices.com

-------- Original message --------
From: Joseph Alexander <jalexander at lieserskaff.com>
Date: 09/25/2014 2:12 PM (GMT-05:00)
To: RPPTL Landlord Tenant Committee <landten at lists.flabarrpptl.org>
Subject: Re: [RPPTL LandTen] Question: Count II

Thank you all for the responses. The point of concern for me was really how to treat the fact that I have a partial final judgment (count I) and I am essentially serving the entire complaint (by Alias Summons) upon the Defendant.
Didn’t know if I should somehow indicate that the Partial Final Judgment exists, etc…
Could be that I am overthinking this thing.

Thank you,

Joseph N. Alexander
LIESER SKAFF ALEXANDER, PLLC
Fla. Bar No. 0671045
511 West Bay Street
Suite 350
Tampa, Florida 33606
Phone: (813) 280-1256
Fax: (813) 251-8715
Email: jalexander at lieserskaff.com

This message and any attachments are intended only for the use of the addressee and may contain information that is privileged and confidential.  If the reader of the message is not the intended recipient, you are hereby notified that any dissemination of this communication is strictly prohibited.  If you have received this e-mail in error, please notify us immediately by replying to this e-mail message or by telephone and delete this message and any attachments from your system.  Part of our practice involves debt collection, therefore this may be an attempt to collect a debt and any information obtained may be used for that purpose. Thank you.

From: Leonard Cabral <leonardcabral at lenslaw.com<mailto:leonardcabral at lenslaw.com>>
Reply-To: RPPTL Landlord Tenant Committee <landten at lists.flabarrpptl.org<mailto:landten at lists.flabarrpptl.org>>
Date: Thursday, September 25, 2014 at 1:47 PM
To: RPPTL Landlord Tenant Committee <landten at lists.flabarrpptl.org<mailto:landten at lists.flabarrpptl.org>>
Subject: Re: [RPPTL LandTen] Question: Count II

The clerk will issue an alias summons if you either show the summons was not personally served or you file an affidavit to that fact. You have the Alias summons served with the original complaint.  The alias summons should be a 20 day summons since the 5 day eviction under Chapter 51 was served and the tenant has 20 days to answer for damages. The law does not permit damages to the landlord without personal service on the tenant.  My only warning is that you do not post the alias summons it must be personally served.
Leonard P. Cabral, Esq.
Leonardcabral at lenslaw.com<mailto:Leonardcabral at lenslaw.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 Joseph Alexander
Sent: Thursday, September 25, 2014 11:14 AM
To: RPPTL Landlord Tenant Committee
Subject: [RPPTL LandTen] Question: Count II

Dear All,

I have a question about how to handle the following scenario:

1.         Residential Eviction Complaint filed with Count I: Possession and Count II: Damages;
2.         Service posted;
3.         Partial Final Judgment by Default (Count I);
4.         Get possession;
5.         Now locate Defendant and want to seek damages, pursuant to Count II.

Can I get an Alias Summons and personally serve the Defendant, indicating that Partial Final Judgment for Possession has already been issued and that he only needs to Answer/Reply to Count II? Has anyone done this and have a form that I can see?

Thank you,

Joseph N. Alexander
LIESER SKAFF ALEXANDER, PLLC
Fla. Bar No. 0671045
511 West Bay Street
Suite 350
Tampa, Florida 33606
Phone: (813) 280-1256
Fax: (813) 251-8715
Email: jalexander at lieserskaff.com<mailto:jalexander at lieserskaff.com>

This message and any attachments are intended only for the use of the addressee and may contain information that is privileged and confidential.  If the reader of the message is not the intended recipient, you are hereby notified that any dissemination of this communication is strictly prohibited.  If you have received this e-mail in error, please notify us immediately by replying to this e-mail message or by telephone and delete this message and any attachments from your system.  Part of our practice involves debt collection, therefore this may be an attempt to collect a debt and any information obtained may be used for that purpose. Thank you.
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