[RPPTL LandTen] Opinion on Issued summons

Harry Heist harry at evict.com
Sat Apr 4 11:32:20 PDT 2020


It is poor wording. It applies to all nonpayment cases just like the
Stimulus does for "covered" properties.

 

Our clients are now digging up all kinds of non-rent "reasons" to evict.

 

We refuse to file weak cases like where a landlord let a tenant have
unauthorized occupants or unauthorized pets for months and now wants to 7
day them and evict.

 

Unless a 7 Day case is rock solid, we will not file it. Someone else can
have that case.  Judges see right through this baloney. 

 

The whole eviction thing will be almost moot for months. 

 

Harry

 

LAW OFFICES OF 
HEIST, WEISSE & WOLK P.A.
PH: 1 800 253 8428
FAX: 1 800 367 9038
"Serving the Property Management Professional"
Website:   <http://www.evict.com/> www.evict.com 
Email:  <mailto:harry at evict.com> harry at evict.com



 <https://www.facebook.com/pages/Heist-Weisse-Wolk-PA/343965575625870> 


Visit us on Facebook

 


 

THIS E-MAIL MESSAGE IS CONFIDENTIAL, ATTORNEY-CLIENT PRIVILEGED, AND
INTENDED FOR THE PERSONS NAMED ABOVE ONLY.  ALL OTHER USE, COPYING, OR
DISTRIBUTION IS STRICTLY PROHIBITED.

 

 

From: landten-bounces at lists.flabarrpptl.org
[mailto:landten-bounces at lists.flabarrpptl.org] On Behalf Of Jordan M Brill
Sent: Saturday, April 04, 2020 10:12 AM
To: RPPTL Landlord Tenant Committee
Subject: Re: [RPPTL LandTen] Opinion on Issued summons

 

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

 
The information contained in this email message is intended for review and
use of the senders intended recipient and no other. Any recipient or reader
of this email that is not an intended recipient or reader is  hereby
notified that any dissemination, distribution or copying of this
communication is strictly prohibited; any wrongful dissemination or receipt
shall not constitute a waiver of any privilege held by the sender or any
intended recipient  or client of  the sender.  If you have received this
communication in error, please immediately notify us via email directed to
jordan at glachmanbrill.com and by telephone to 561-859-0679, and destroy the
original message and all copies thereof and related communications thereto.
Thank you.

 

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
 <mailto:James.Walson at lowndes-law.com> 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/AOSC20-1
7.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

 


 <https://protect-us.mimecast.com/s/Av7XCG6QR2h821QtpR60B/> Trenam Law

 

GREGORY R. HANEY | ATTORNEY
Florida Bar Board Certified Specialist in Real Estate Law
Dir: 727-820-3958 | Fax: 727-502-3409 | email <mailto:GHaney at trenam.com>  |
vcard <http://www.trenam.com/vcards/Gregory%20R.%20Haney.vcf>  | bio
<https://protect-us.mimecast.com/s/FQ_rCKr582h1Z2GIpFGqH/> 

 


 <http://www.linkedin.com/company/trenam-kemker>
<https://twitter.com/TrenamLaw>  <https://www.facebook.com/trenamlaw> 

 

101 East Kennedy Boulevard, Suite 2700, Tampa, FL 33602
200 Central Avenue, Suite 1600, St. Petersburg, FL 33701
Main: 813-223-7474 (Tampa) or 727-896-7171 (St. Pete) | www.trenam.com

	


Please visit our website for the latest in COVID-19 Legal Updates
<https://protect-us.mimecast.com/s/3CyoCQW5k2hRJkyHvkCd9/> . 

Confidentiality Notice: This e-mail transmission, and any documents, files
or previous e-mail messages attached to it may contain confidential
information that is legally privileged. If you are not the intended
recipient, or a person responsible for delivering it to the intended
recipient, you are hereby notified that any disclosure, copying,
distribution or use of any of the information contained in or attached to
this transmission is STRICTLY PROHIBITED. If you have received this
transmission in error, please immediately notify us by reply e-mail, or by
telephone at the direct dial number above and destroy the original
transmission and its attachments without reading or saving in any manner.
Thank you.

From: landten-bounces at lists.flabarrpptl.org
<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>
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 

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

 

 

From: <landten-bounces at lists.flabarrpptl.org> on behalf of Harry Heist
<harry at evict.com>
Reply-To: RPPTL Landlord Tenant Committee <landten at lists.flabarrpptl.org>
Date: Friday, April 3, 2020 at 12:13 PM
To: 'RPPTL Landlord Tenant Committee' <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.
PH: 1 800 253 8428
FAX: 1 800 367 9038
"Serving the Property Management Professional"
Website:
<https://link.zixcentral.com/u/ffd17dc2/PgM3CsZ16hGsl9TR9e_1Kg?u=http%3A%2F%
2Fwww.evict.com%2F> www.evict.com 
Email:  <mailto:harry at evict.com> harry at evict.com



 
<https://link.zixcentral.com/u/a0c896df/UDI3CsZ16hGsl9TR9e_1Kg?u=https%3A%2F
%2Fwww.facebook.com%2Fpages%2FHeist-Weisse-Wolk-PA%2F343965575625870> 


Visit us on Facebook

 


 

THIS E-MAIL MESSAGE IS CONFIDENTIAL, ATTORNEY-CLIENT PRIVILEGED, AND
INTENDED FOR THE PERSONS NAMED ABOVE ONLY.  ALL OTHER USE, COPYING, OR
DISTRIBUTION IS STRICTLY PROHIBITED.

 

 

From: 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


  _____  

Shutts & Bowen LLP 
CityPlace Tower, 525 Okeechobee Blvd, Suite 1100 | West Palm Beach, FL 33401
Direct: (561) 650-8510 | Fax: (561) 822-5510 | Cell: (561) 358-1572 
 <mailto:AMenor at shutts.com> E-Mail |
<https://link.zixcentral.com/u/8c750077/Gm03CsZ16hGsl9TR9e_1Kg?u=http%3A%2F%
2Fwww.shutts.com%2Flawyer%2Farthur-j-menor> Biography |
<https://link.zixcentral.com/u/83d7a5b4/opQ3CsZ16hGsl9TR9e_1Kg?u=http%3A%2F%
2Fwww.shutts.com%2Findex.php%3Fvcard%26id%3D895> V-Card |
<https://link.zixcentral.com/u/e6aa59a5/qsg3CsZ16hGsl9TR9e_1Kg?u=http%3A%2F%
2Fwww.shutts.com> Website 

Please consider the environment before printing this email

 

From: 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

 

EXTERNAL: This email originated from outside of the SHUTTS email system. Do
not respond, click any links or open any attachments unless you trust the
sender and know the content is safe.

 

 

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

 

Mailing Address:

Post Office Box 2706,

Orlando, Florida 32802-2706

(407) 893-7888 Telephone

(407) 893-9396 Facsimile

 

 

The information contained in this transmission may contain privileged and
confidential information.  It is intended only for the use of the person(s)
named above. If you are not the intended recipient, you are hereby notified
that any review, dissemination, distribution or duplication of this
communication is strictly prohibited. If you are not the intended recipient,
please contact the sender by reply email and destroy all copies of the
original message. 

 

Tax Advice Disclosure: To ensure compliance with requirements imposed by the
IRS under Circular 230, we inform you that any U.S. federal tax advice
contained in this communication (including any attachments), unless
otherwise specifically stated, was not intended or written to be used, and
cannot be used, for the purpose of (1) avoiding penalties under the Internal
Revenue Code or (2) promoting, marketing or recommending to another party
any matters addressed herein.

 

From: landten-bounces at lists.flabarrpptl.org
<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>
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

 

Links contained in this email have been replaced by ZixProtect Link
Protection. If you click on a link in the email above, the link will be
analyzed for known threats. If a known threat is found, you will not be able
to proceed to the destination. If suspicious content is detected, you will
see a warning.

 

Notice of Confidentiality: This e-mail communication and the attachment(s)
hereto, if any, are intended solely for the information and use of the
addressee(s) identified above and may contain information which is legally
privileged from disclosure and/or otherwise confidential. If a recipient of
this e-mail communication is not an addressee (or an authorized
representative of an addressee), such recipient is hereby advised that any
review, disclosure, reproduction, re-transmission or other dissemination or
use of this e-mail communication (or any information contained herein) is
strictly prohibited. If you are not an addressee and have received this
e-mail communication in error, please advise the sender of that circumstance
either by reply e-mail or by telephone at (800) 356-6818, immediately delete
this e-mail communication from any computer and destroy all physical copies
of same. 

Replies Filtered: Any incoming reply to this e-mail communication or other
e-mail communication to us will be electronically filtered for "spam" and/or
"viruses." That filtering process may result in such reply or other e-mail
communications to us being quarantined (i.e., potentially not received at
our site at all) and/or delayed in reaching us. For that reason, we cannot
guarantee that we will receive your reply or other e-mail communications to
us and/or that we will receive the same in a timely manner. Accordingly, you
should consider sending communications to us which are particularly
important or time-sensitive by means other than e-mail. 

[v4.30] 

-------------- next part --------------
An HTML attachment was scrubbed...
URL: <http://mailman.fsr.com/pipermail/landten/attachments/20200404/7d764ff0/attachment-0001.html>
-------------- next part --------------
A non-text attachment was scrubbed...
Name: image007.png
Type: image/png
Size: 1153 bytes
Desc: not available
URL: <http://mailman.fsr.com/pipermail/landten/attachments/20200404/7d764ff0/image007-0001.png>
-------------- next part --------------
A non-text attachment was scrubbed...
Name: image008.png
Type: image/png
Size: 5498 bytes
Desc: not available
URL: <http://mailman.fsr.com/pipermail/landten/attachments/20200404/7d764ff0/image008-0001.png>
-------------- next part --------------
A non-text attachment was scrubbed...
Name: image009.png
Type: image/png
Size: 928 bytes
Desc: not available
URL: <http://mailman.fsr.com/pipermail/landten/attachments/20200404/7d764ff0/image009-0001.png>
-------------- next part --------------
A non-text attachment was scrubbed...
Name: image010.png
Type: image/png
Size: 907 bytes
Desc: not available
URL: <http://mailman.fsr.com/pipermail/landten/attachments/20200404/7d764ff0/image010-0001.png>
-------------- next part --------------
A non-text attachment was scrubbed...
Name: image011.png
Type: image/png
Size: 748 bytes
Desc: not available
URL: <http://mailman.fsr.com/pipermail/landten/attachments/20200404/7d764ff0/image011-0001.png>
-------------- next part --------------
A non-text attachment was scrubbed...
Name: image012.png
Type: image/png
Size: 1154 bytes
Desc: not available
URL: <http://mailman.fsr.com/pipermail/landten/attachments/20200404/7d764ff0/image012-0001.png>
-------------- next part --------------
A non-text attachment was scrubbed...
Name: image013.jpg
Type: image/jpeg
Size: 2212 bytes
Desc: not available
URL: <http://mailman.fsr.com/pipermail/landten/attachments/20200404/7d764ff0/image013-0001.jpg>


More information about the landten mailing list