[RPPTL LandTen] I need clarification on 83.60

Thu Jul 30 08:31:17 PDT 2015

I believe that reading of *Las Olas* also applies to the mobile home
statute.  The fee provision is, "723.068 Attorney’s fees.—Except as
provided in s. 723.037
<http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=0700-0799/0723/Sections/0723.037.html>,
in any proceeding between private parties to enforce provisions of this
chapter, the prevailing party is entitled to a reasonable attorney’s fee."

Dennis A. Chen, Esq.
Chen Law Firm, PA
13360 W. Colonial Dr, Ste. 470
Winter Garden, Florida 34787
Tel:   (407) 392-1872
dennis at chenlaw.net

Bankruptcy * Civil Litigation * Landlord/Tenant * Personal Injury * Real
Estate Litigation

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On Thu, Jul 30, 2015 at 8:44 AM, Manuel Farach <MFarach at richmangreer.com>
wrote:

>   Les is correct; that is the *Waverly Condominium* case out of the
> Fourth DCA
>
>
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>   *From:* landten-bounces at lists.flabarrpptl.org [mailto:
> landten-bounces at lists.flabarrpptl.org] *On Behalf Of *lesstevens
> *Sent:* Thursday, July 30, 2015 8:34 AM
> *To:* 'RPPTL Landlord Tenant Committee'
> *Subject:* Re: [RPPTL LandTen] I need clarification on 83.60
>
>
>
> Unless there is a provision in the Lease which states that it includes
> fees/costs relating to the determination of said fees/costs….had a judge
> bring that to my attention once, and now I include it in every document
> where attorneys’ fees could be recovered.
>
>
>
>
>
> Les H. Stevens, Esquire
> Les H. Stevens, P.A.
> 5301 North Federal Highway
> Suite 130
> Boca Raton, Florida 33487
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> E-Mail - lesstevens at earthlink.net
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> *From:* landten-bounces at lists.flabarrpptl.org [mailto:
> landten-bounces at lists.flabarrpptl.org] *On Behalf Of *Sebastian Jaramillo
> *Sent:* Thursday, July 30, 2015 8:24 AM
> *To:* RPPTL Landlord Tenant Committee
> *Subject:* Re: [RPPTL LandTen] I need clarification on 83.60
>
>
>
> 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.*
>
> *[image: Image removed by sender.]*
>
> 66 W. Flagler St Suite 500 Miami, FL 33130
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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
>
>
>
>
>
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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.
>
>
>
>
>
>
>
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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
> <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
> <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
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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
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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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