[RPPTL LandTen] Moratorium by Governor DeSantis extended to August 1, 2020

Tue Jul 7 12:24:27 PDT 2020

I filed a holdover case in Broward. The woman raised a bogus defense that
the lease was really not terminated because it was signed after the initial
date on the lease in by several months (it was a renewal) and since it was
a one year lease it was not up until September. I filed a motion for
judgment on the pleadings and set it on motion calendar. The court sua
sponte canceled the motion calendar as "all landlord tenant actions have to
be approved by the court for hearings." So, I uploaded a proposed Order
with a cover letter.

Today I got my partial final judgment but I also got an Order that the
judge drafted herself that struck Tenant's answer for failure to deposit
money in the court registry. No one asked for money in the court registry-
there was no amount in the complaint because the lease was terminated! I
did not use the 5 day landlord/tenant summons that told her to put money in
the registry because that would not have been appropriate to this case.
But, the Court reasoned that if she believed the lease was still valid she
would have had to put the money in the registry or she could not raise any
defenses to the eviction- except if this was a non pay case the governor's
order would have precluded it! AAARRGH.

Sending the writ in today. We shall see if THAT gets issued and thereafter
if the sheriff serves it. This is lunacy.

Meeting at 9pm tonight via zoom with people who want to discuss this. email
me off thread if you want me to send the link.

Deborah Marks, PLLC
18495 S. Dixie Highway
Ste 134
Miami, FL 33157
305-372-9400
deborahmarkslaw at gmail.com
deborah at deborahmarks.law
synergy928 at aol.com

On Wed, Jul 1, 2020 at 10:28 AM Cary P. Sabol, Esq. <csabol at sabollaw.com>
wrote:

> I've also filed residential cases for hold over tenants and have not
> received any progress from the Court.  Clerks have issued some defaults,
> but then nothing from the Judges.
>
> Cary
> *Cary P. Sabol, Esq. J.D. (2001), LLM (2009)*
> *Law Offices of Cary P. Sabol *
> *P.O. Box 15981 | West Palm Beach | Florida | 33416 *
> *Office: (561) 413-4449*
> *Cell:     (561) 281-2744*
> *Fax:     (888) 316-2881*
>
> *BEWARE OF CYBER-CRIME: IF YOU RECEIVE AN E-MAIL OR ANY OTHER
> COMMUNICATION THAT APPEARS TO BE GENERATED FROM OUR OFFICE THAT CONTAINS
> NEW, REVISED, OR ALTERED BANK WIRE INSTRUCTIONS, CONSIDER IT SUSPECT AND
> CALL OUR OFFICE AT A NUMBER YOU TRUST. OUR BANK WIRE INSTRUCTIONS SELDOM
> CHANGE. *
>
>
>
> *** PLEASE NOTE: On Closings with a Loan, we require "CLOSING INSTRUCTIONS
> and LOAN PACKAGES" by NOON the day BEFORE Closing"CASH TO CLOSE for real
> estate transactions must be WIRED to our account prior to closing. (SAME
> DAY WIRE - NO ACH TRANSFERS) Wire instructions will be provided upon
> request. ACH transfers are NOT SAME DAY wires and cannot be accepted.*
>
>
> *THIS COMMUNICATION MAY BE AN ATTEMPT TO COLLECT A DEBT AS DEFINED BY
> FLORIDA AND FEDERAL LAW AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT
> PURPOSE. THIS IS A COMMUNICATION FROM A DEBT COLLECTOR.*
>
>
> _________________________________________________________________________________________________________________
> IRS Circular 230 Notice: Pursuant to recently enacted U.S. Treasury
> Department Regulations, we are now required to advise you that, unless
> otherwise expressly indicated, any federal tax advice expressed above was
> neither written nor intended by the sender or this firm to be used and
> cannot be used by any taxpayer for the purpose of avoiding penalties that
> may be imposed under U.S. tax law. If any person uses or refers to any such
> tax advice in promoting, marketing or recommending a partnership or other
> entity, investment plan or arrangement to any taxpayer, then the advice
> should be considered to have been written to support the promotion or
> marketing by a person other than the sender or this firm of that
> transaction or matter, and such taxpayer should seek advice based on the
> taxpayer's particular circumstances from an independent tax advisor.
>
> Confidentiality Notice: This electronic mail transmission is intended for
> the use of the individual or entity to which it is addressed and may
> contain confidential information belonging to the sender which is protected
> by the attorney-client privilege. If you are not the intended recipient,
> you are hereby notified that any disclosure, copying, distribution, or the
> taking of any action in reliance on the contents of this information is
> strictly prohibited. If you have received this transmission in error,
> please notify the sender immediately by e-mail and delete the original
> message. Thank you for your cooperation.
>
>
> -------- Original Message --------
> Subject: Re: [RPPTL LandTen] Moratorium by Governor DeSantis extended to
> August 1, 2020
> From: "Les H. Stevens, Esquire" <lesstevens at earthlink.net>
> Date: Wed, July 01, 2020 10:08 am
> To: "'RPPTL Landlord Tenant Committee'" <landten at lists.flabarrpptl.org>
>
> Thanx, Cary….just wanted to make sure I wasn’t the only one being ignored.
>
>
> 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* <lesstevens at earthlink.net>
> _____________________________________________________________________________
>
> *OUR OFFICE NO LONGER ACCEPTS CASHIER’S CHECKS AT CLOSING. ALL FUNDS MUST
> BE RECEIVED IN THE FORM OF A SAME DATE WIRE TRANSFER ONLY (NO ACH
> TRANSFERS).*
>
> *WE DO NOT ACCEPT OR REQUEST CHANGES TO WIRING INSTRUCTIONS VIA EMAIL OR
> FAX. Always call to verify*
>
> THIS MESSAGE IS INTENDED ONLY FOR THE USE OF THE INDIVIDUAL OR ENTITY TO
> WHOM IT IS ADDRESSED, AND MAY CONTAIN INFORMATION THAT IS PRIVILEGED,
> CONFIDENTIAL AND/OR OTHERWISE EXEMPT FROM DISCLOSURE. IF YOU HAVE RECEIVED
> THIS TRANSMITTAL IN ERROR, PLEASE DELETE IT AND NOTIFY THIS OFFICE
> IMMEDIATELY.
>
>
>
> *From:* landten-bounces at lists.flabarrpptl.org <
> landten-bounces at lists.flabarrpptl.org> *On Behalf Of *Cary P. Sabol, Esq.
> *Sent:* Wednesday, July 01, 2020 10:05 AM
> *To:* RPPTL Landlord Tenant Committee <landten at lists.flabarrpptl.org>
> *Subject:* Re: [RPPTL LandTen] Moratorium by Governor DeSantis extended
> to August 1, 2020
>
> I have a couple of open Commercial cases in PBC, which by the way were
> filed before the Covid shutdowns.  Unfortunately, they have been completely
> ignored by the court.  It seems most, if not all, the Judges have just
> considered all evictions the same and not bothered to see the nuances on
> which cases are not subject to the Moratorium.
>
> Cary
> *Cary P. Sabol, Esq. J.D. (2001), LLM (2009)*
> *Law Offices of Cary P. Sabol *
> *P.O. Box 15981 | West Palm Beach | Florida | 33416 *
> *Office: (561) 413-4449*
> *Cell:     (561) 281-2744*
> *Fax:     (888) 316-2881*
>
> *BEWARE OF CYBER-CRIME: IF YOU RECEIVE AN E-MAIL OR ANY OTHER
> COMMUNICATION THAT APPEARS TO BE GENERATED FROM OUR OFFICE THAT CONTAINS
> NEW, REVISED, OR ALTERED BANK WIRE INSTRUCTIONS, CONSIDER IT SUSPECT AND
> CALL OUR OFFICE AT A NUMBER YOU TRUST. OUR BANK WIRE INSTRUCTIONS SELDOM
> CHANGE. *
>
> *** PLEASE NOTE: On Closings with a Loan, we require "CLOSING INSTRUCTIONS
> and LOAN PACKAGES" by NOON the day BEFORE Closing"*
>
> *CASH TO CLOSE for real estate transactions must be WIRED to our account
> prior to closing. (SAME DAY WIRE - NO ACH TRANSFERS) Wire instructions will
> be provided upon request. ACH transfers are NOT SAME DAY wires and cannot
> be accepted.*
>
> *THIS COMMUNICATION MAY BE AN ATTEMPT TO COLLECT A DEBT AS DEFINED BY
> FLORIDA AND FEDERAL LAW AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT
> PURPOSE. THIS IS A COMMUNICATION FROM A DEBT COLLECTOR.*
>
>
> *_________________________________________________________________________________________________________________*
> *IRS Circular 230 Notice*: Pursuant to recently enacted U.S. Treasury
> Department Regulations, we are now required to advise you that, unless
> otherwise expressly indicated, any federal tax advice expressed above was
> neither written nor intended by the sender or this firm to be used and
> cannot be used by any taxpayer for the purpose of avoiding penalties that
> may be imposed under U.S. tax law. If any person uses or refers to any such
> tax advice in promoting, marketing or recommending a partnership or other
> entity, investment plan or arrangement to any taxpayer, then the advice
> should be considered to have been written to support the promotion or
> marketing by a person other than the sender or this firm of that
> transaction or matter, and such taxpayer should seek advice based on the
> taxpayer's particular circumstances from an independent tax advisor.
>
> *Confidentiality Notice*: This electronic mail transmission is intended
> for the use of the individual or entity to which it is addressed and may
> contain confidential information belonging to the sender which is protected
> by the attorney-client privilege. If you are not the intended recipient,
> you are hereby notified that any disclosure, copying, distribution, or the
> taking of any action in reliance on the contents of this information is
> strictly prohibited. If you have received this transmission in error,
> please notify the sender immediately by e-mail and delete the original
> message. Thank you for your cooperation.
>
>
> -------- Original Message --------
> Subject: Re: [RPPTL LandTen] Moratorium by Governor DeSantis extended to
> August 1, 2020
> From: "Les H. Stevens, Esquire" <lesstevens at earthlink.net>
> Date: Wed, July 01, 2020 9:55 am
> To: "'RPPTL Landlord Tenant Committee'" <landten at lists.flabarrpptl.org>
> Has anyone had any success in filing a commercial eviction
> (Dade/Broward/Palm Beach Counties)?
>
>
> 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* <lesstevens at earthlink.net>
> _____________________________________________________________________________
>
> *OUR OFFICE NO LONGER ACCEPTS CASHIER’S CHECKS AT CLOSING. ALL FUNDS MUST
> BE RECEIVED IN THE FORM OF A SAME DATE WIRE TRANSFER ONLY (NO ACH
> TRANSFERS).*
>
> *WE DO NOT ACCEPT OR REQUEST CHANGES TO WIRING INSTRUCTIONS VIA EMAIL OR
> FAX. Always call to verify*
>
> THIS MESSAGE IS INTENDED ONLY FOR THE USE OF THE INDIVIDUAL OR ENTITY TO
> WHOM IT IS ADDRESSED, AND MAY CONTAIN INFORMATION THAT IS PRIVILEGED,
> CONFIDENTIAL AND/OR OTHERWISE EXEMPT FROM DISCLOSURE. IF YOU HAVE RECEIVED
> THIS TRANSMITTAL IN ERROR, PLEASE DELETE IT AND NOTIFY THIS OFFICE
> IMMEDIATELY.
>
>
>
> *From:* *landten-bounces at lists.flabarrpptl.org*
> <landten-bounces at lists.flabarrpptl.org> <
> *landten-bounces at lists.flabarrpptl.org*
> <landten-bounces at lists.flabarrpptl.org>> *On Behalf Of *Sebastian
> Jaramillo
> *Sent:* Wednesday, July 01, 2020 9:30 AM
> *To:* RPPTL Landlord Tenant Committee <*landten at lists.flabarrpptl.org*
> <landten at lists.flabarrpptl.org>>
> *Subject:* [RPPTL LandTen] Moratorium by Governor DeSantis extended to
> August 1, 2020
>
> Does anybody know of any lawsuits that have been filed to challenge the
> Governor’s authority to keep extending the moratorium on evictions?
>
>
>
> 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* <sebastian at wolfepincavage.com>
>
> *Visit our COVID-19 legal resource guide for the latest updates*
> <https://wolfepincavage.com/covid-19/>
>
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