[RPPTL LandTen] I need clarification on 83.60
Gioia DeCarlo
gdc at dvllclegal.com
Thu Jul 30 11:33:37 PDT 2015
Thank you Lainie and Todd
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From: <landten-bounces at lists.flabarrpptl.org> on behalf of Todd Allen
<todd at lindsayallenlaw.com>
Reply-To: RPPTL Landlord Tenant Committee <landten at lists.flabarrpptl.org>
Date: Thursday, July 30, 2015 at 2:19 PM
To: RPPTL Landlord Tenant Committee <landten at lists.flabarrpptl.org>
Subject: Re: [RPPTL LandTen] I need clarification on 83.60
I’ve been able to get fees for determining the amount and the expert fees.
I rarely have to argue entitlement.
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
239.593.7909
www.LindsayAllenLaw.com <http://www.LindsayAllenLaw.com>
> On Jul 30, 2015, at 2:06 PM, Gioia DeCarlo <gdc at dvllclegal.com> wrote:
>
>
> Todd & Lainie
>
> Do you typically get fees for determining amt and the expert fees, or just for
> entitlement?
>
>
>
> <8CB06059-7794-44D1-BE98-12633C0070FE[64].png>
>
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> From: <landten-bounces at lists.flabarrpptl.org> on behalf of Todd Allen
> <todd at lindsayallenlaw.com>
> Reply-To: RPPTL Landlord Tenant Committee <landten at lists.flabarrpptl.org>
> Date: Thursday, July 30, 2015 at 1:41 PM
> To: RPPTL Landlord Tenant Committee <landten at lists.flabarrpptl.org>
> Subject: Re: [RPPTL LandTen] I need clarification on 83.60
>
> This has been my experience in Naples.
>
> Todd B. Allen, Esq. | Attorney
> Todd at LindsayAllenLaw.com
>
> 13180 Livingston Rd, Suite 201
> Naples, FL 34109
>
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> [office]
> [mobile]
> [fax]
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> 239.593.7900
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> <LindsayAllen_logo.jpg>
>
>> 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> 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> 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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>>
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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
>>
>> <image001.png>
>>
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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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>>
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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
>>
>>
>> <image001.png>
>>
>> This e-mail transmission and any documents, files or previous e-mail messages
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>> recipient, or a person responsible for delivering it to the intended
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>> 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
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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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