The Docket March 2019 - Page 17

N E W S O F N OT E n The law firm of Shumaker, Loop & Kendrick, LLP is pleased to announce the newly elected members of the firm’s Management Commit- tee and the newly elected Chair as of January 1, 2019. The new members of the Committee include Jennifer B. Compton, who also assumes the role of Managing Partner of the Sarasota office. n The law firm of Icard, Merrill, Cullis, Timm, Furen, and Ginsburg, P.A., is pleased to announce that Bianca N. Manos has joined the firm as an associate in the Sarasota office. Her practice is focused in the areas of family law and commercial litiga- tion. n The law firm of Williams Parker is pleased to announce it has enhanced its ability to provide fiduciary services. The firm recently added Aubrey J. Lynch , a CPA, formerly a principal with CS&L CPAs, to its team as the Director of Fiduciary Tax Matters. Ms. Lynch joins Susan S. Park , the firm’s Director of Fidu- ciary Administration, to oversee the firm’s fiduciary services and provide support to the firm’s trusts and estates practice. n Walters Levine & Lozano, is pleased to announce that the firm has changed its name to Walters Levine Lozano & DeGrave. Heather DeGrave is a pivotal member of the firm’s civil litigation team where she practices in the areas of construction, collections, creditors’ rights, and Wanted: News items Have you or a member of your firm achieved profes- sional recognition? Have you hired a new attorney? Any other news of note? If so, we would like to hear about it. Email your “News of Note” items to scba@sarasotabar.com. P RO P E RT Y L AW business litigation. Heather is past president of the National Association of Women in Construction – Tampa Chapter, and also regularly speaks on collections, creditors’ rights, and construction related topics for the National Association of Credit Management and the National Busi- ness Institute. n Williams Parker is pleased to announce it has added Fletcher H. Rush , a board certified wills, trusts, and estates attorney, as an associate in the firm’s trusts and estates prac- tice. Mr. Rush joins the firm from Farr Law Firm.  n Dunlap & Moran, P.A., an AV-rated multi-practice law firm with offices in downtown Sarasota and Lakewood Ranch, is pleased to announce that Benjamin T. DeMarsh has joined the Firm as an Associate. n Williams Parker is pleased to announce John C. Getty has joined the firm as an associate. He focuses his practice on labor and employ- ment. CLASSIFIED ADS EMPLOYMENT EXPANDING PI FIRM seeks motivated attorney with 3-5 years trial experience in Personal Injury. Must be able to handle full case load, be well versed in all aspects of PI from inception through trial, comfortable in court, and taking depositions. Must be member of The Florida Bar. Competitive salary/benefits. Submit resume to kathy@mallardlawfirm.com Sarasota AV rated law firm with a broad practice in real property law is seeking a real estate attorney with at least 2-4 years of experience. Must be an active member of The Florida Bar. High academic credentials, strong writing skills, and successful employment history required.  Excellent communication and interpersonal skills in addition to professional acumen are essential.  Salary commensurate with experience. Benefits provided. Send resume to: Fergeson Skipper, P.A., 1515 Ringling Blvd., Tenth Floor, Sarasota, FL 34236; or via email: info@fergesonskipper.com Attn.: Firm Administrator Sarasota commercial litigation firm seeks associate attorney with 0-3 years’ experience to join its busy practice. Please send resume in confidence to jgrosso@bentleyandbruning. com. Placing a Classified ad To place a classified advertisement, call the Bar office or send an email to scba@ sarasotabar.com. EVICTION Continued from Page 1 Fla. Stat., actions for unlawful detainer are conducted according to the summary procedure statute provided in § 51.011, Fla. Stat., which dictates an expedited proceeding for limited procedural issues such as service of pleadings, production of discovery, and entitlement to an “immediate” trial. See § 51.011, Fla. Stat. Unlike an eviction, a cause of action for unlawful detainer is predicated on the absence of a landlord-tenant relationship. This means that if a party is occupying property pursuant to a lease (i.e., the right to maintain possession in exchange for the tenant’s agreement to pay rent), Parties to an Chapter 83, Fla. Stat., governs and an action for unlawful detainer is ejectment therefore improper. action often As in an action for unlawful detainer, ejectment allows a person have competing with superior right or title to real claims to property to recover possession from another. Parties to an ejectment title of the action often have competing claims property, such to title of the property, such as a tenant who claims his or her as a tenant who occupation of the subject property is claims his or pursuant to an exercised contractual option to purchase, or where a prior her occupation owner of a property remains in of the subject possessions following the sale of his or her home at a foreclosure sale. property is Unlike unlawful detainer, pursuant to possession of real property in an ejectment action is predicated on a an exercised party’s claim to a superior right or contractual title over the party in possession. In fact, in order to plead a cause of option to action for ejectment, the plaintiff purchase, must set forth a chronological chain of title or other claim of right within or where a the Complaint, which is subject prior owner to challenge by the defendant. See § 66.021, Fla. Stat. This differs of a property from unlawful detainer in that remains in determination of title is expressly excluded from the scope of Chapter possessions 82, as a plaintiff in an unlawful following the detainer action is only required to establish a right to possession. See § sale of his or 82.04, Fla. Stat. By way of example, her home at a tenant could maintain an action for unlawful detainer against a a foreclosure third-party by whom they have been sale. forcefully dispossessed but could not maintain an action for ejectment without being the record titleholder of the property. As a result of the revisions to Chapters 66 and 82, Fla. Stats., navigating the process and requirements for an unlawful detainer and ejectment action have been simplified. However, prior to selecting the proper remedy, it’s imperative you first determine what type of occupant you are trying to remove, otherwise your action may be subject to dismissal. The Docket · March 2019 17