[RPPTL LandTen] I need clarification on 83.60

Tue Jul 28 07:56:42 PDT 2015

Thank you for all you help.  At the hearing on Plaintiff’s “Motion to Re-Serve and Amend” the judge stated with my motion to dismiss for standing.  My motion was granted.  Landlords cannot avoid the basic rule of standing ☺.

Leonard P. Cabral
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

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From: <landten-bounces at lists.flabarrpptl.org<mailto:landten-bounces at lists.flabarrpptl.org>> on behalf of Eddy Leal <el at leallegal.com<mailto:el at leallegal.com>>
Reply-To: RPPTL Landlord Tenant Committee <landten at lists.flabarrpptl.org<mailto:landten at lists.flabarrpptl.org>>
Date: Tuesday, July 21, 2015 at 10:08 AM
To: RPPTL Landlord Tenant Committee <landten at lists.flabarrpptl.org<mailto: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<mailto:el at leallegal.com>

On Tue, Jul 21, 2015 at 9:23 AM, Gioia DeCarlo <gdc at dvllclegal.com<mailto: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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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<mailto:landten-bounces at lists.flabarrpptl.org>> on behalf of Leonard Cabral <LensLaw at Lenslaw.com<mailto:LensLaw at Lenslaw.com>>
Reply-To: RPPTL Landlord Tenant Committee <landten at lists.flabarrpptl.org<mailto:landten at lists.flabarrpptl.org>>
Date: Monday, July 20, 2015 at 11:40 PM
To: RPPTL Landlord Tenant Committee <landten at lists.flabarrpptl.org<mailto: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<mailto:Leonardcabral at lenslaw.com>
(407)330-4998<tel:%28407%29330-4998>

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