[RPPTL LandTen] I need clarification on 83.60

[Gioia DeCarlo]

Standing must exist at time of the filing of the lawsuit.  If not, the case
must be dismissed.  Jeff-Ray case, Progressive case, attached.  Lack of
standing at time of filing cannot be cured after the fact by substitution of
parites — one can’t transfer what one doesn’t have.    Lack of standing,
however, is a raise-or-waive affirmative defense (see Glynn case attached).

Fl.R.Civ.Pro 1.260 allows for substitution of parites if the the interest is
transferred from the original party to another by order of court.  One who
lacks interest in the subject matter cannot transfer the interest to
another.  The case must be dismissed and re-filed by one who has standing.

Note there are numerous standing cases in the foreclosure context as banks
were filing all the time without standing.

Hope this helps.

Gioia



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From:  <landten-bounces at lists.flabarrpptl.org> on behalf of Leonard Cabral
<LensLaw at Lenslaw.com>
Reply-To:  RPPTL Landlord Tenant Committee <landten at lists.flabarrpptl.org>
Date:  Monday, July 20, 2015 at 11:40 PM
To:  RPPTL Landlord Tenant Committee <landten at lists.flabarrpptl.org>
Subject:  [RPPTL LandTen] I need clarification on 83.60

Group:
83.60(1)(a)  “The landlord must be given an opportunity to cure a deficiency
in a notice or in the pleadings before dismissal of the action.”  A
complaint was filed by an Orlando attorney with the wrong landlord’s name.
(no standing). -He has now a motion to amend pursuant to 83.60 to change the
name of the plaintiff.  Is standing a deficiency in the pleadings that can
be amended?    Does anyone have the legislative intent they are willing to
share?  Any ideas welcome.
 
Leonard P. Cabral, Esq.
212 North Park Ave.,
Sanford, FL  32771
Leonardcabral at lenslaw.com
(407)330-4998
 
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