[RPPTL LandTen] I need clarification on 83.60
Gioia DeCarlo
gdc at dvllclegal.com
Wed Jul 22 15:12:30 PDT 2015
Hi Hegel!
Glad you can use it.
Gioia
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From: <landten-bounces at lists.flabarrpptl.org> on behalf of Hegel Laurent
<hlaurent85 at gmail.com>
Reply-To: RPPTL Landlord Tenant Committee <landten at lists.flabarrpptl.org>
Date: Wednesday, July 22, 2015 at 2:12 PM
To: RPPTL Landlord Tenant Committee <landten at lists.flabarrpptl.org>
Subject: Re: [RPPTL LandTen] I need clarification on 83.60
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”)
>
>
>
> 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,
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> transmission in error, please immediately notify me by forwarding this e-mail
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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] 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
>
>
>
>
>
>
>
> 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
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> hereby notified that any review, disclosure, copying, dissemination,
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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 <tel:305-914-0071>
>
> Fax: 305-901-2378 <tel: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
>
>
>
>
>
>
>
> 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 <mailto:Info at dvllclegal.com> , or by telephone at (845)
> 321-0242 <tel:%28845%29%20321-0242> and then delete the message and its
> attachments from your computer.
>
>
>
>
> 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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