[RPPTL LandTen] I need clarification on 83.60
Sebastian Jaramillo
sebastian at lawjb.com
Thu Jul 30 05:24:03 PDT 2015
My understanding is that you are not allowed to collect attorney's fees on
you Motion for Attorney's Fees. In other words, you cannot get fees on
fees.
*Sebastian Jaramillo, Esq.*
66 W. Flagler St Suite 500 Miami, FL 33130
Tel: (305) 600-3805 Fax: (786) 347-5562
www.lawjb.com
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On Thu, Jul 30, 2015 at 7:28 AM, Gioia DeCarlo <gdc at dvllclegal.com> wrote:
> The plaintiff’s case was dismissed. The judgment goes against the
> plaintiff (fair result, the plaintiff is the party that caused the
> unnecceary legal fees for your client).
>
> Now, it may be the attorney filed with the wrong plaintiff in error or on
> the attorney’s advice, the case was brought by the wrong party and if so,
> maybe the attorney will step up and do the right thing and pay, but that’s
> between the plaintiff’s attorney and the plaintiff. The lawyer has no
> direct liability to your client of which I am aware.
>
> Unless you get an agreement and the money right way, file your Motion to
> Determine Enititlement and To Tax Fees & Costs because you only have 30
> days and the filing of it will likely make the other side realize they have
> to pay (you did prevail)— include your time for any research and drafting
> the motion and ask for the time that will be spent at hearing the motion.
> I doubt the fees will be so much that they will insist on a fee hearing to
> determine a reasonable fee amount (I am confident you will win on
> entitlement). I have never had to go that far — the times my client was
> entitled, the other side paid. But if you do go to a fee hearing, my
> understanding is that the plaintiff will then have to pay your time to
> prepare & attend the fee hearing and for your expert’s review of file and
> attendance at the fee hearing, all which make the fee hearing impractical
> for the plaintiff — even attending the hearing on your motion to detemine
> and tax is crazy for them to go. They will pay.
>
> Gioia
> Gdc at dvllclegal.com
>
>
>
> This e-mail transmission and any documents, files or previous e-mail
> messages attached to it, are confidential and are protected by the
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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: Wednesday, July 29, 2015 at 10:37 PM
> To: RPPTL Landlord Tenant Committee <landten at lists.flabarrpptl.org>
> Subject: Re: [RPPTL LandTen] I need clarification on 83.60
>
> I actually had a question a bout that. Who do I ask for fees if the
> plaintiff is the wrong party, the attorney as sanctions?
>
> I may be able to call the attorney and work out fees but I still filed a
> motion for costs and attorney fees.
>
> Leonard P. Cabral
>
> 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 28, 2015 2:51 PM
> *To:* RPPTL Landlord Tenant Committee
> *Subject:* Re: [RPPTL LandTen] I need clarification on 83.60
>
>
>
> 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.
>
>
>
>
>
>
>
> 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
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> PROHIBITED. If you have received this transmission in error, please
> immediately notify me by forwarding this e-mail to Info at dvllclegal.com,
> or by telephone at (845) 321-0242 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: *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
> <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
>
>
>
>
>
> 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
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> immediately notify me by forwarding this e-mail to Info at dvllclegal.com,
> or by telephone at (845) 321-0242 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: *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
> <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 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,
> or by telephone at (845) 321-0242 and then delete the message and its
> attachments from your computer.
>
>
>
>
>
> *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,
> or by telephone at (845) 321-0242 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
>
>
>
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