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    Standing To Sue - Florida Landlord-Tenant Law

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    Nick Vidoni
    The plaintiff was the president of a corporation that owned the property in an eviction case. The tenant filed a motion to dismiss due to lack of standing since the plaintiff filed the case individually rather than as a representative of the corporation. The court ruled the plaintiff did not have standing. When the plaintiff tried to substitute the corporation as the plaintiff, the court said the rules do not allow substituting a new party. The proper procedure is for the landlord corporation to file a new case against the tenant.

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    Standing To Sue - Florida Landlord-Tenant Law

    Uploaded by

    Nick Vidoni
    173 views2 pages
    The plaintiff was the president of a corporation that owned the property in an eviction case. The tenant filed a motion to dismiss due to lack of standing since the plaintiff filed the case individually rather than as a representative of the corporation. The court ruled the plaintiff did not have standing. When the plaintiff tried to substitute the corporation as the plaintiff, the court said the rules do not allow substituting a new party. The proper procedure is for the landlord corporation to file a new case against the tenant.

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    Standing to Sue _ Florida Landlord-Tenant Law

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    Standing to Sue _ Florida Landlord-Tenant Law

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    The plaintiff was the president of a corporation that owned the property in an eviction case. The tenant filed a motion to dismiss due to lack of standing since the plaintiff filed the case individually rather than as a representative of the corporation. The court ruled the plaintiff did not have standing. When the plaintiff tried to substitute the corporation as the plaintiff, the court said the rules do not allow substituting a new party. The proper procedure is for the landlord corporation to file a new case against the tenant.

    Copyright:

    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd
    Download as pdf or txt
    173 views2 pages

    Standing To Sue - Florida Landlord-Tenant Law

    Uploaded by

    Nick Vidoni
    The plaintiff was the president of a corporation that owned the property in an eviction case. The tenant filed a motion to dismiss due to lack of standing since the plaintiff filed the case individually rather than as a representative of the corporation. The court ruled the plaintiff did not have standing. When the plaintiff tried to substitute the corporation as the plaintiff, the court said the rules do not allow substituting a new party. The proper procedure is for the landlord corporation to file a new case against the tenant.

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    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd
    Download as pdf or txt
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    7/30/2014 Standing to sue | Florida Landlord-Tenant Law

    http://browardlandlord.wordpress.com/2013/03/20/standing-to-sue-2/ 1/2
    Tags
    Florida Landlord-Tenant Law
    Standing to sue
    20 Wednesday Mar 2013
    POSTED BY APJLAW IN LANDLORD - TENANT, LEGAL REQUIREMENTS
    LEAVE A COMMENT
    corporation, eviction, florida, LANDLORD, standing, substitution, TENANT
    The Plainitff was the president of a corporation that owned the subject property in an eviction. The
    tenant filed a motion to dismiss on standing. The court ruled that being the president of the landlord
    does not allow a person to file suit in his own name.
    The Plaintiff tried to move to substitute the Corporation for the individual , but the Court ruled that
    the Florida Rules of Civil Procedure do not authorize the dropping of all parties on one side and the
    substitution of a new party. Trawick, Fla. Prac. and Proc. 4:11 Substitution (2011 Edition).
    Where the named plaintiff is not the landlord, the proper procedure is to dismiss this action without
    prejudice and for the landlord to bring a proper action against the tenants.
    PLANTE vs. ORDUNA County Court, 10th Judicial Circuit in and for Polk County. Case No. 53-2012-
    005144-0000-LK. January 2, 2013. Robert L. William, Judge. 20 Fla. L. Weekly Supp. 282b.
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