[RPPTL LandTen] I need clarification on 83.60

[Eddy Leal]

You might find the attached foreclosure case helpful in your search.

Citing to the *Jeff-Ray *and *Progressive*, Second District recognizes that
standing has to be met at the inception of the lawsuit. "The
appellate courts are nonetheless compelled to reverse based on the district
courts' application of a long line of supreme court cases applying the
general principle that “the plaintiff's lack of standing at the inception
of the case is not a defect that may be cured by the acquisition of
standing after the case is filed.” Attached is the case.

Eddy Leal
Eddy Leal, P.A.
201 South Biscayne Blvd, Suite 2650
Miami, FL 33131
Office: 305-914-0071
Fax: 305-901-2378
E-Mail: el at leallegal.com

On Tue, Jul 21, 2015 at 9:23 AM, Gioia DeCarlo <gdc at dvllclegal.com> wrote:

> 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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