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Judge denied motion to dismiss for improper venue b/c of "fairness"
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Date: June 17th, 2021 12:14 PM Author: vivacious hairless puppy locus P files case in Palm Bch where commercial building is located. K says "venue is in miami." I filed motion to dismiss for lack of personal jurisdiction and judge grants it.
over 20 days pass with no mtn for rehearing or notice of appeal. then they file same suit in miami. i argue mtn to dismiss improper venue that case must be filed under fla stat 83.21 where the county of eviction is located.
P argues to strike under collateral estoppel. i said it's not the same thing; one is a jurisdiction argument and one is venue and the P screwed up not appealing in PB county. judge denied my motion and said i have 5 days to answer complaint and client has 5 days to put rent in registry.
should i appeal? |
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Date: June 17th, 2021 12:37 PM Author: flickering parlor Wouldn't the K provision constitute a consent to venue or waiver of the venue argument? (http://www.autoadmit.com/thread.php?thread_id=4858956&forum_id=2#42643029) |
Date: June 17th, 2021 12:15 PM Author: up-to-no-good potus therapy (http://www.autoadmit.com/thread.php?thread_id=4858956&forum_id=2#42642890) |
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Date: June 17th, 2021 12:16 PM Author: vivacious hairless puppy locus thoughts? (http://www.autoadmit.com/thread.php?thread_id=4858956&forum_id=2#42642894) |
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Date: June 17th, 2021 12:28 PM Author: up-to-no-good potus therapy sounds like some BS. Why wouldn't they appeal in PB? You had an open case there (http://www.autoadmit.com/thread.php?thread_id=4858956&forum_id=2#42642963) |
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Date: June 17th, 2021 12:35 PM Author: vivacious hairless puppy locus i think client stalled on paying him. he had to pissed the lawyer lost on jurisdiction in the county his building is in. then they only had miami left. can't believe this dumb miami county court judge didn't know difference b/w jx and venue. (http://www.autoadmit.com/thread.php?thread_id=4858956&forum_id=2#42643004) |
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Date: June 17th, 2021 12:36 PM Author: Cordovan nursing home water buffalo can u even appeal something like that immediately (http://www.autoadmit.com/thread.php?thread_id=4858956&forum_id=2#42643019) |
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Date: June 17th, 2021 12:37 PM Author: vivacious hairless puppy locus i can file an answer and notice of appeal. then the appeal will stall her being able to hear argument on the answer so long as the client pays the money in the court registry. (http://www.autoadmit.com/thread.php?thread_id=4858956&forum_id=2#42643031) |
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Date: June 17th, 2021 12:40 PM Author: Cordovan nursing home water buffalo WTF kind of gay shit is this, it shld be hard to do intelocatory appeal (http://www.autoadmit.com/thread.php?thread_id=4858956&forum_id=2#42643047) |
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Date: June 17th, 2021 12:41 PM Author: vivacious hairless puppy locus why? does it even make sense that a judge in one county can order an eviction in another if i argue improper venue. (http://www.autoadmit.com/thread.php?thread_id=4858956&forum_id=2#42643056) |
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Date: June 17th, 2021 12:42 PM Author: big lilac field most venue statutes literally have bullshit like "Fairness" or "interest of justice" (http://www.autoadmit.com/thread.php?thread_id=4858956&forum_id=2#42643066) |
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Date: June 17th, 2021 12:43 PM Author: vivacious hairless puppy locus how's it fair to grant venue when no party is in miami and the subject building is 2 counties away? (http://www.autoadmit.com/thread.php?thread_id=4858956&forum_id=2#42643076) |
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Date: June 17th, 2021 2:17 PM Author: vivacious hairless puppy locus civ pro mastermen? (http://www.autoadmit.com/thread.php?thread_id=4858956&forum_id=2#42643749) |
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Date: June 17th, 2021 2:23 PM Author: racy honey-headed mood Maybe i don't understand. Were they able to properly serve your client to get PJ for the 2nd suit after the 1st was dismissed? (http://www.autoadmit.com/thread.php?thread_id=4858956&forum_id=2#42643789) |
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Date: June 17th, 2021 2:25 PM Author: vivacious hairless puppy locus what does service have to do with PJ? PJ refers to contacts between parties and the court's location. client was served properly in PB county both times. (http://www.autoadmit.com/thread.php?thread_id=4858956&forum_id=2#42643808) |
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Date: June 17th, 2021 2:33 PM Author: racy honey-headed mood I'm just trying to figure out why the Court would find no PJ and then in an identical case 1 county over find that there is PJ. Presumably you raised the same argument in case 2. This seems independent of the venue issue. Again, I'm retarded and might be missing something.
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Date: June 17th, 2021 2:38 PM Author: vivacious hairless puppy locus Building is in PB. Landlord filed suit there. I filed motion to dismiss for no PJ because lease agreement said any claims arising must be filed in Miami. obviously that was a typo. i win mtd.
they refile in miami citing the lease. i then argue mtd for improper venue and lose. but i believe i should have won. evictions must be filed in the county where the property lies. |
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Date: June 17th, 2021 2:26 PM Author: naked mediation son of senegal fl judges don't understand venue (http://www.autoadmit.com/thread.php?thread_id=4858956&forum_id=2#42643815) |
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Date: June 18th, 2021 2:30 AM Author: Learning Disabled Institution Sound Barrier tbf it’s very difficult to tell who is the retard here, up to and including me. (http://www.autoadmit.com/thread.php?thread_id=4858956&forum_id=2#42647677) |