[RPPTL LandTen] Opinion on Issued summons

Jordan M Brill jordan at glachmanbrill.com
Sat Apr 4 07:11:51 PDT 2020


The executive order specifically says it only applies to non-payment by residential tenants DUE TO the COVID-19 emergency. Seems to raise issues of fact for the evictions. The landlord could argue that the non-payment is not due to the emergency.

Not sure why this is being interpreted to suspend ALL non payment evictions. Seems like it just creates a defense. Perhaps it was poor wording, but what could possibly be the reason for inserting the language in the order.

*sent via mobile phone

Jordan Marcus Brill, Esq.
6421 Congress Ave., Suite 120
Boca Raton, FL 33487
(561)859-0679
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On Apr 3, 2020 12:59 PM, Martin Lawyer <mlawyer at bals.org> wrote:
The Governor's Executive Order supersedes and "trumps" all other inconsistent State and local orders.


                                Marty
             C. Martin Lawyer, III,  Esquire
                          BAY  AREA  LEGAL  SERVICES,  INC.
                       1302  N. 19th St.,  Suite # 400
                      Tampa,  FL    33605-5230
                       Phone:   (813)  232-1222,  extension 109
                          Fax:           248-9962



________________________________
From: landten-bounces at lists.flabarrpptl.org <landten-bounces at lists.flabarrpptl.org> on behalf of Walson, James <James.Walson at lowndes-law.com>
Sent: Friday, April 3, 2020 12:42 PM
To: RPPTL Landlord Tenant Committee <landten at lists.flabarrpptl.org>
Subject: Re: [RPPTL LandTen] Opinion on Issued summons




Seminole County has a local order preventing service of initial paperwork by a process server.  I have not heard of other counties, but it would not surprise me if that is the direction this goes.



Jamie



James Walson
Shareholder
James.Walson at lowndes-law.com<mailto:James.Walson at lowndes-law.com> | D: 407.418.6403 | Ext: 403


From: landten-bounces at lists.flabarrpptl.org [mailto:landten-bounces at lists.flabarrpptl.org] On Behalf Of Gregory R. Haney
Sent: Friday, April 3, 2020 12:39 PM
To: RPPTL Landlord Tenant Committee <landten at lists.flabarrpptl.org>
Subject: Re: [RPPTL LandTen] Opinion on Issued summons



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Technically, it’s the issuance of the writs of possession that is suspended, through April 17 (for now).  See: https://www.floridasupremecourt.org/content/download/632431/7186205/AOSC20-17.pdf

I don’t see anything about summonses in that particular order.



All FL S.Ct. orders are posted at https://www.floridasupremecourt.org/Emergency



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From: landten-bounces at lists.flabarrpptl.org<mailto:landten-bounces at lists.flabarrpptl.org> <landten-bounces at lists.flabarrpptl.org<mailto:landten-bounces at lists.flabarrpptl.org>> On Behalf Of Sebastian Jaramillo
Sent: Friday, April 3, 2020 12:25 PM
To: RPPTL Landlord Tenant Committee <landten at lists.flabarrpptl.org<mailto:landten at lists.flabarrpptl.org>>
Subject: Re: [RPPTL LandTen] Opinion on Issued summons



I have been sending them out to get served. I think the order stays the execution of the writ, but not the case proceeding.







Sebastian Jaramillo

Wolfe | Pincavage

2937 SW 27 Ave, Suite 302

Miami, FL 33133

O: 786.409.0807 | M: 786.306.0451

sebastian at wolfepincavage.com<mailto:sebastian at wolfepincavage.com>





From: <landten-bounces at lists.flabarrpptl.org<mailto:landten-bounces at lists.flabarrpptl.org>> on behalf of Harry Heist <harry at evict.com<mailto:harry at evict.com>>
Reply-To: RPPTL Landlord Tenant Committee <landten at lists.flabarrpptl.org<mailto:landten at lists.flabarrpptl.org>>
Date: Friday, April 3, 2020 at 12:13 PM
To: 'RPPTL Landlord Tenant Committee' <landten at lists.flabarrpptl.org<mailto:landten at lists.flabarrpptl.org>>
Subject: [RPPTL LandTen] Opinion on Issued summons



A load of our process servers have issued summonses and they are asking if they can serve.



Opinions?



Harry



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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] On Behalf Of Arthur J. Menor
Sent: Thursday, April 02, 2020 8:07 PM
To: 'RPPTL Landlord Tenant Committee'
Subject: Re: [RPPTL LandTen] Emergency Order Suspending Evictions



Here is the Order.



[cid:image003.jpg at 01D51FA2.FDE2A630]

Arthur J. Menor
Partner, Board Certified in Real Estate Law
Fellow, American College of Real Estate Lawyers

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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] On Behalf Of Sancha Whynot
Sent: Thursday, April 02, 2020 7:44 PM
To: RPPTL Landlord Tenant Committee
Subject: Re: [RPPTL LandTen] Emergency Order Suspending Evictions



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As of 7:30 pm, it is still not posted on his website.  But here is the link…  https://link.zixcentral.com/u/fddcee59/zAA4CsZ16hGsl9TR9e_1Kg?u=https%3A%2F%2Fwww.flgov.com%2F2020-executive-orders%2F

You’ll likely need to refresh the page…









Sancha Brennan

Sancha Brennan

The Brennan Law Firm

738 Rugby Street

Orlando, Florida 32804



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From: landten-bounces at lists.flabarrpptl.org<mailto:landten-bounces at lists.flabarrpptl.org> <landten-bounces at lists.flabarrpptl.org<mailto:landten-bounces at lists.flabarrpptl.org>> On Behalf Of Alberto Cardet
Sent: Thursday, April 02, 2020 5:52 PM
To: RPPTL Landlord Tenant Committee <landten at lists.flabarrpptl.org<mailto:landten at lists.flabarrpptl.org>>
Subject: [RPPTL LandTen] Emergency Order Suspending Evictions



Governor Desantis announced he signed an Order suspending evictions for 45 days.  Has anyone seen the Order?



Albert


Cardet Law, P.A.

1330 Coral Way #301

Miami FL 33145

305-403-7783



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