[RPPTL LandTen] I need clarification on 83.60

Todd Allen todd at lindsayallenlaw.com
Thu Jul 30 10:41:48 PDT 2015 

This has been my experience in Naples.

Todd B. Allen, Esq. | Attorney
Todd at LindsayAllenLaw.com

13180 Livingston Rd, Suite 201
Naples, FL 34109

 

[office]
[mobile]
[fax]

239.593.7900
239.300.3506
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> On Jul 30, 2015, at 1:08 PM, Lainie Simon <ljsimon1 at comcast.net> wrote:
> 
> In PB they now routinely grant fees for fees in every contract case, unless the fee clause is limiting or limited in any way.  Typical clause, fees to prevailing party, you now get fees for fees.
> 
> Lainie J. Simon, Esq. 
> 185 NW Spanish River Boulevard 
> Suite 220 
> Boca Raton, FL  33431 
> 561.445.1361 
> 561.997.6224(fax) 
> 
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> On Jul 30, 2015, at 12:14 PM, Gioia DeCarlo <gdc at dvllclegal.com <mailto:gdc at dvllclegal.com>> wrote:
> 
> 
> 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 <mailto:landten-bounces at lists.flabarrpptl.org>> on behalf of lesstevens <lesstevens at earthlink.net <mailto:lesstevens at earthlink.net>>
> Organization: Les H. Stevens, P.A.
> Reply-To: <lesstevens at earthlink.net <mailto:lesstevens at earthlink.net>>, RPPTL Landlord Tenant Committee <landten at lists.flabarrpptl.org <mailto:landten at lists.flabarrpptl.org>>
> Date: Thursday, July 30, 2015 at 8:34 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
> 
> 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 <mailto:lesstevens at earthlink.net>
>  
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> From: landten-bounces at lists.flabarrpptl.org <mailto:landten-bounces at lists.flabarrpptl.org> [mailto: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 <mailto: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 <mailto:Gdc at dvllclegal.com>
>  
>  
> <image001.png>
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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.
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> 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: Wednesday, July 29, 2015 at 10:37 PM
> 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
>  
> 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 <mailto:Leonardcabral at lenslaw.com>
>  
>  
>  
> From: landten-bounces at lists.flabarrpptl.org <mailto:landten-bounces at lists.flabarrpptl.org> [mailto: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. 
>  
>  
> <image001.png>
>  
> 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.
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> 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: Tuesday, July 28, 2015 at 1:58 PM
> 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
>  
> 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 <mailto:Leonardcabral at lenslaw.com>
> Please disregard inadvertent misspellings  
>  
>  
>  
> From:landten-bounces at lists.flabarrpptl.org <mailto:landten-bounces at lists.flabarrpptl.org> [mailto: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 
>  
> <image001.png>
>  
> 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.
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> 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: Tuesday, July 28, 2015 at 10:56 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
>  
> 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 <mailto:Leonardcabral at lenslaw.com>
>  
>  
>  
> From:landten-bounces at lists.flabarrpptl.org <mailto:landten-bounces at lists.flabarrpptl.org> [mailto: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
>  
>  
> <image001.png>
>  
> 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.
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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 <tel:305-914-0071>
> Fax: 305-901-2378 <tel: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
>  
>  
> <image001.png>
>  
> 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.
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> 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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