[RPPTL LandTen] I need clarification on 83.60

Tue Jul 28 11:50:44 PDT 2015

Hi Leonard

I hope you asked for legal fees!

If not, you have 30 days to file your motion for entitlement (under 83.48)
and to tax fees and costs under Fl R. Civ. Pro. 1.525.

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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 28, 2015 at 1:58 PM
To:  RPPTL Landlord Tenant Committee <landten at lists.flabarrpptl.org>
Subject:  Re: [RPPTL LandTen] I need clarification on 83.60

The problem with tenant defense is when the client brings in the complaint
and the time the law requires a response. That doesn’t leave much time for
research that I can do but not it that timeframe. So I must rely on the
great lawyers on this list who have this information at their finger tips.
Thanks again.  YOU MADE MY DAY.
If Harry reads this, you should be able to figure out why this should also
make your day. 

Leonard P. Cabral, Esq.
Leonardcabral at lenslaw.com
Please disregard inadvertent misspellings

From: landten-bounces at lists.flabarrpptl.org
[mailto:landten-bounces at lists.flabarrpptl.org] On Behalf Of Gioia DeCarlo
Sent: Tuesday, July 28, 2015 11:05 AM
To: RPPTL Landlord Tenant Committee
Subject: Re: [RPPTL LandTen] I need clarification on 83.60

Glad to hear it!  And glad to be able help!

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 28, 2015 at 10:56 AM
To: RPPTL Landlord Tenant Committee <landten at lists.flabarrpptl.org>
Subject: Re: [RPPTL LandTen] I need clarification on 83.60

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 J.

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> 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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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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