[RPPTL LandTen] I need clarification on 83.60

Thu Jul 30 09:14:58 PDT 2015

I read Waverly to support getting fees for having to fight for, and collect,
fees.  Of course, I have never gone so far to do a fee hearing.  I checked
this morning with a friend of mine in Palm Beach County who has done many
fee hearings.  He cites Waverly all the time to get his fees for working for
his fees, in a foreclosure and 57.105 context ,and he prevails.   He doesn’t
know why a judge would rule otherwise.

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From:  <landten-bounces at lists.flabarrpptl.org> on behalf of lesstevens
<lesstevens at earthlink.net>
Organization:  Les H. Stevens, P.A.
Reply-To:  <lesstevens at earthlink.net>, RPPTL Landlord Tenant Committee
<landten at lists.flabarrpptl.org>
Date:  Thursday, July 30, 2015 at 8:34 AM
To:  'RPPTL Landlord Tenant Committee' <landten at lists.flabarrpptl.org>
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
Tel. - (561) 989-9797
Fax - (561) 989-8484
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.

66 W. Flagler St Suite 500 Miami, FL 33130
Tel:  (305) 600-3805 Fax: (786) 347-5562
www.lawjb.com <http://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

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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] 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] 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 <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

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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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