[RPPTL LandTen] I need clarification on 83.60

Wed Jul 22 11:12:07 PDT 2015

Great stuff Gioia -- this will be very useful going forward.

Hegel Laurent, ESQ.
*Laurent Law Office, P.L.*
One Biscayne Place
11098 Biscayne Blvd., Ste. 401
Miami, Florida 33161
Phone: 305. 968. 4642 // Fax: 786.233.6169

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On Tue, Jul 21, 2015 at 7:23 PM, Gioia DeCarlo <gdc at dvllclegal.com> wrote:

> You are most welcome.
>
> (it’s “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: Tuesday, July 21, 2015 at 4:40 PM
> To: RPPTL Landlord Tenant Committee <landten at lists.flabarrpptl.org>
> Subject: Re: [RPPTL LandTen] I need clarification on 83.60
>
> Gloria:
>
> Thanks, All Great Cases!! Raised standing in my affirmative defenses and
> Motion to Dismiss is base on standing.
>
> Leonard P. Cabral, Esq.
>
> Leonardcabral at lenslaw.com
>
>
>
>
>
>
>
> *From:* landten-bounces at lists.flabarrpptl.org [
> mailto:landten-bounces at lists.flabarrpptl.org
> <landten-bounces at lists.flabarrpptl.org>] *On Behalf Of *Gioia DeCarlo
>
> *Sent:* Tuesday, July 21, 2015 11:06 AM
> *To:* RPPTL Landlord Tenant Committee
> *Subject:* Re: [RPPTL LandTen] I need clarification on 83.60
>
>
>
> 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 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
>
>
>
>
>
>
>
> This e-mail transmission and any documents, files or previous e-mail
> messages 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 this e-mail transmission is STRICTLY
> PROHIBITED. If you have received this transmission in error, please
> immediately notify me by forwarding this e-mail to Info at dvllclegal.com,
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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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