Gene Connell, an attorney for Ciampanella, said his client suffered a spinal fracture as a result of the fall. [Myrtle Beach is] relying on something called a recreational use statute, Connell said. That requires that if youre gonna sue a city or state or county entity, you have to prove gross negligence in the way it was constructed, built or maintained. We think we have enough for that. Will Bryan, the lawyer listed on court documents for the city of Myrtle Beach, could not be reached by phone Thursday. City Attorney Tom Ellenburg declined to comment. Premises liability cases, where one party sues after being injured on the property of another party, almost always end in dismissal or a settlement. Of the four premises liability cases that closed this year where Myrtle Beach was a defendant, all ended in dismissal or after mediation, according to court records. About 98 percent of all cases are settled, Connell said. Mark Kruea, a spokesman for Myrtle Beach, declined to identify how much a trial might cost the city and said city officials have a policy of not commenting on pending litigation. Connell said that while a date has not been issued, he expects a trial to begin in late January. The case had already gone through a round of mediation, with Ciampanella and the city at an impasse. Connell declined to comment on the mediation, citing confidentiality requirements. Myrtle Beach then asked for summary judgment, arguing that facts of the case need not be brought to a full jury trial.
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Step 4. An eviction for non-payment of rent has become very common in todays economy and current Miami real estate market. Step 1. The landlord must act quickly when the tenant refuses to pay the rent. Step 3. A full eviction is a drawn out and tedious process that should be negotiated and avoided at all cost in the Miami real estate current market situation. Complaint for Removal of Tenant This form is part of the Five Day Notice and must be served to the tenant at the same time. The Sheriff will come back and evict tenant, everything will be removed from the premises and give possession of the property to the landlord. Step 6. The tenant will call you alarmed and either pay the rent or ask for the deposit back so he/she can move out. A copy of the Three Day Notice and a copy of the lease must be included as part of the package.
Complaint for Removal of Tenant This form is part of the Five Day Notice and must be served to the tenant at the same time. Default Package This package is file approximately 10 days after the service only if the tenant has not answered the court. This package includes Affidavit of Non-Payment of Rent which must be notarized, Non-Military Affidavit, Motion for Default, Final judgement for Removal of Tenant, Writ of Possession. It states the case number, the plaintiff landlord and the defendant plaintiff. Eviction The sheriff will post a note at the door informing the tenant the date they must move out and when the eviction will take place, usually within 42 to 72 hours. You must go thou the court system and follow very specific eviction steps.