[RPPTL LandTen] I need clarification on 83.60

Tue Jul 21 08:05:37 PDT 2015

Oops!  Just realized I attached the wrong Glynn document  that although
plaintiff must have standing at time of filing complaint, the affirmative
defense of no standing must be raised or it is waived.  Here it is.

Gioia

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From:  <landten-bounces at lists.flabarrpptl.org> on behalf of Eddy Leal
<el at leallegal.com>
Reply-To:  RPPTL Landlord Tenant Committee <landten at lists.flabarrpptl.org>
Date:  Tuesday, July 21, 2015 at 10:08 AM
To:  RPPTL Landlord Tenant Committee <landten at lists.flabarrpptl.org>
Subject:  Re: [RPPTL LandTen] I need clarification on 83.60

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 <http://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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> attached to it, are confidential and are protected by the attorney-client
> privilege and/or work product doctrine. If you are not the intended recipient,
> or a person responsible for delivering it to the intended recipient, you are
> hereby notified that any review, disclosure, copying, dissemination,
> distribution or use of any of the information contained in, or attached to
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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 <tel:%28407%29330-4998>
>  
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