[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
jordan at glachmanbrill.com
www.glachmanbrill.com
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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
CAUTION: THIS IS AN EXTERNAL EMAIL
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
LAW OFFICES OF
HEIST, WEISSE & WOLK P.A.
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Email: harry at evict.com<mailto:harry at evict.com>
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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.
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Arthur J. Menor
Partner, Board Certified in Real Estate Law
Fellow, American College of Real Estate Lawyers
________________________________
Shutts & Bowen LLP
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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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