IN THE COUNTY COURT OF THE ELEVENTH JUDICIAL DISTRICT

IN AND FOR MIAMI-DADE COUNTY, FLORIDA

SAN LORENZO CONDOMINIUM CASE NO.: 01-13594 CC 05 (04)

Plaintiff,

vs.

YADIR VARGAS,

Defendant.
/

DEFENDANT’S MOTION TO DISMISS PLAINTIFF’S COMPLAINT

Defendant, Yader Vargas, (“Defendant”) by and through undersigned counsel, hereby

files his Motion to Dismiss Plaintiff’s Complaint, and in support thereof states as follows:

1. Plaintiff, San Lorenzo Condominium, filed a complaint for tenant eviction.

2. Plaintiff’s complaint should be dismissed on several grounds.

3. Plaintiff is not the real party in interest, as San Lorenzo Condominium is not a

party to the lease agreement, a copy of which is attached hereto as Exhibit “A”.

4. Plaintiff failed to attach a copy of the lease agreement to its complaint.

5. Plaintiff claims that Defendant failed to pay rent for the month of July, 2010

when, in fact, Defendant did pay rent for the month of July, 2010.

6. Defendant has deposited the amount claimed to be due to Plaintiff with the Court

Registry.

7. To the extent that Plaintiff is acting under Florida’s Distressed Condominium

Relief Act (the “Act”), Plaintiff has not so alleged.

8. To the extent that the property in question is in foreclosure, Plaintiff has failed to

comply with the federal Helping Families Ave Their Homes Act of 2009.

1
 WHEREFORE, Defendant Yader Vargas respectfully requests this Court enter an order

dismissing Plaintiff’s Complaint, awarding Defendant his attorney’s fees and court costs

pursuant to section 83.48, Florida Statutes, and for any further relief the Court deems just and

proper.

Respectfully submitted,

THE VICARY LAW FIRM, P.A.

12484 NW South River Drive, Suite 324
Medley, Florida 33178
Tel: (786) 877-5057
Fax: (305) 397-1741
Email: paul@vicarylaw.com

By:

Paul S. Vicary, Esq.

Florida Bar No.: 021317

CERTIFICATE OF SERVICE

I HEREBY CERTIFY that on August 27, 2010, a true and correct copy of the foregoing

was sent via U.S. Mail to San Lorenzo Condominium, 219 NW 12th Ave., #400, Miami, Florida

33128.

THE VICARY LAW FIRM, P.A.

12484 NW South River Drive, Suite 324
Medley, Florida 33178
Tel: (786) 877-5057
Fax: (305) 397-1741
Email: paul@vicarylaw.com

By:

Paul S. Vicary, Esq.

Florida Bar No.: 021317