[RPPTL Leasing Committee] Unlawful Detainer Eviction - Issuing Summons to Unknown Occupant/John Doe

Fri Jan 8 06:55:17 PST 2021

It's actually a big problem and may get worse soon. 

We have people calling us a lot where they have no clue who the people are
in the house. We refer them to another lawyer. 

Harry Heist

LAW OFFICES OF 
HEIST, WEISSE & WOLK P.A.
PH: 1 800 253 8428
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Email:  <mailto:harry at evict.com> harry at evict.com

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From: landten-bounces at lists.flabarrpptl.org
<landten-bounces at lists.flabarrpptl.org> On Behalf Of RPPTL Real Estate
Leasing Committee
Sent: Friday, January 08, 2021 7:05 AM
To: landten at lists.flabarrpptl.org
Cc: Ryan Purvis <Ryan at kfernandezlaw.com>
Subject: Re: [RPPTL Leasing Committee] Unlawful Detainer Eviction - Issuing
Summons to Unknown Occupant/John Doe

Brenda

I suggest that you appoint a few good lawyers to draft  legislation. I would
suggest Mark Brown to Chair the committee. He Chaired the legislation
committee on Unlawful Detainer.  The other approach would be to ask for an
attorney general's opinion.

Thank You,

Roland "Chip" Waller

Esquire 

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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 RPPTL Real
Estate Leasing Committee
Sent: Thursday, January 7, 2021 2:56 PM
To: landten at lists.flabarrpptl.org <mailto:landten at lists.flabarrpptl.org> 
Cc: Ryan Purvis <Ryan at kfernandezlaw.com <mailto:Ryan at kfernandezlaw.com> >
Subject: Re: [RPPTL Leasing Committee] Unlawful Detainer Eviction - Issuing
Summons to Unknown Occupant/John Doe

We ran into a the same issue last week with a property in Okaloosa County.
The Clerk of Court told us we can file a Motion with the judge to order the
Summons to John Doe/Unknown Occupant, but that the sheriff would not execute
the Writ of Possession.  We then called the Civil Process department at the
sheriff's and the representative told us that the sheriff will not serve a
Writ of Possession on John Doe/Unknown Occupant.

Kristopher E. Fernandez, Esquire

Florida Bar Board Certified Real Estate Attorney

114 S. Fremont Avenue

Tampa, FL  33606

(813) 832-6340

(813) 601-3257 (after hours)

(813) 251-0438 (fax)

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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 RPPTL Real
Estate Leasing Committee
Sent: Thursday, January 7, 2021 2:41 PM
To: landten at lists.flabarrpptl.org <mailto:landten at lists.flabarrpptl.org> 
Subject: [RPPTL Leasing Committee] Unlawful Detainer Eviction - Issuing
Summons to Unknown Occupant/John Doe

Hello all,

Does anyone know of any quick case law to support issuing a summons to an
Unknown Occupant/John Doe in an eviction context?  I.e., something in the
case law or Rules to support not naming a Defendant, when their name isn't
known?

A client in Alachua is dealing with a squatter, and sent it to our firm as
an unlawful detainer eviction.  As we do in all other counties, we filed
naming the Defendant as "Unknown Occupant" since the property doesn't know
who is inside.

While all other counties have processed our past cases against "Unknown
Occupant" without issue, the Alachua clerk refused to issue a summons.  They
stated that they could only issue a summons against a named person.  I
talked to the clerk, then the clerk's supervisor, and then the General
Counsel for the Clerk.  All gave me the same answer, that it was against the
law to issue a summons against an unnamed party.

When I said that every other county issued eviction summons against "Unknown
Occupant" without any pushback, the General Counsel said that every other
county was in violation of the law and civil procedure.  When I asked how my
client is supposed to file against a squatter they don't know the General
Counsel said that all other unlawful detainers they filed listed a named
person, and I was the first person to ever bring this issue up to them.

The General Counsel also sent me their memo on Unknown Persons summonses,
which is below.  It cites one case.  I Shephardized their case and it is
still good law, however it was a case for money damages.  My first thought
was that the eviction for possession only is technically just against the
premises, not the actual person, so that could be a way to distinguish.  I
haven't been able to find anything exactly on point.

SUMMONSES ON UNKNOWN PERSONS PROCEDURE

Effective January 15, 2009. the Clerk's Office established its policy of not
issuing summonses on and unknown persons. This is based on research
determining the Clerk's Office has no authority to issue a summons on an
unknown person or a John/Jane Doe as a John Doe complaint does not commence
an action against the real party. See Grantham v. Blount, Inc., 683 So.2d
538 (2d DCA 1996), ("we choose to treat a John Doe complaint in the same
manner we treat a complaint that contains a substantially incorrect
identification of the defendant and hold that it does not commence an action
against the real party").

Thanks in advance for the help,

Matt

Matthew Siegel, Esq.

Countryside Colonial Center

2753 SR 580, Suite 209

Clearwater, FL 33761-3351

P 727-726-1900

F 727-726-7440

 <mailto:matt at mgfdlaw.com> matt at mgfdlaw.com

Primary Eservice:  <mailto:eservice at mgfdlaw.com> eservice at mgfdlaw.com

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