Florida Recent Legal Answers from Lawyers

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470 legal [2, *]questions have been posted about by real users in Florida. Ask your question and dive into the knowledge of attorneys who handle your issue regularly. All topics and other states can be accessed in the dropdowns below.
Florida Recent Legal Answers from Lawyers
Page 10 of lawyers' answers to legal questions about Florida.

Recent Legal Answers

We purchased a car from a dealership, and was told it had not been in an accident. Found car was damaged

Answered a year and 7 months ago by Mark Tischhauser, Esq. (Unclaimed Profile)   |   1 Answer
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Lemon law does not apply to used cars, though warranties and the Federal warranty acts does. To try to "unwind" the deal you will have to have evidence of fraud, not accusation, such as the dealer had actual knowledge of the damage and purposefully lied to you about it. If the Carfax was legitimate and did not reflect a crash, that might make it difficult to claim the seller knew of the crash, as opposed to them providing you an altered carfax where they whited out the prior crash. Many times - minor damages are repaired by an owner and no insurance claim is made. You will likely need to retain a lawyer to intervene if there is a controversy with the seller refusing to unwind the sale. ... Read Answer
Lemon law does not apply to used cars, though warranties and the Federal warranty acts does. To try to "unwind" the deal you will have to have... Read Answer
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There is no real cost effective means to address this for a variety of reasons. Lawsuits and court is the MOST expensive and highest risk means of all. You may want to hire plumber to examine the issue and provide a formal report as to what the problem is - so that you can use that - rather than complaints and opinions to address this with the LL, as its much more effective.... Read Answer
There is no real cost effective means to address this for a variety of reasons. Lawsuits and court is the MOST expensive and highest risk means of... Read Answer

Can I get more money than my auto policy UMI coverage?

Answered a year and 7 months ago by Mark Tischhauser, Esq. (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Insurance
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No idea what you mean by simply saying you deserve "the max" and therefore its impossible to properly address your question. That said, you should have a personal injury lawyer handle such a case for a variety of reasons starting with answering your questions and extending to helping identify any issues like liens you might have on your settlement for health insurance, medicare, medicaid, public assistance payments, etc or trying to find the other driver.  This sounds like your insurance carrier is tendering its limits and then intends to drop you as an insured. ... Read Answer
No idea what you mean by simply saying you deserve "the max" and therefore its impossible to properly address your question. That said, you should... Read Answer

I had a rent to own agreement, however the owner did not hold up his end of the agreement.

Answered a year and 7 months ago by Mark Tischhauser, Esq. (Unclaimed Profile)   |   1 Answer
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Possibly. You will need to retain a lawyer to review all of the details of the RTO agreement. With real property there might be issues such as his ability to convey the title to you if the property was also owned by the wife and the probability you will be going through a probate situation to resolve this. ... Read Answer
Possibly. You will need to retain a lawyer to review all of the details of the RTO agreement. With real property there might be issues such as his... Read Answer

Is it ground to break my lease with a severe spider amphetamine that is known to the management company.?

Answered a year and 7 months ago by Mark Tischhauser, Esq. (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Animal Law
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This would have to an actual "infestation" designated by a reputable pest control company. Then you would need to retain a lawyer to send a statutory notice where the LL has 7 days to eradicate the infestation or you can terminate the tenancy.
This would have to an actual "infestation" designated by a reputable pest control company. Then you would need to retain a lawyer to send a statutory... Read Answer

Do I have a case?

Answered a year and 7 months ago by attorney Loren L. Gold   |   1 Answer   |  Legal Topics: Medical Malpractice
  I am very sorry to hear this and hope your condition improves. Based upon the information which you have offered, there may be multiple responsible parties potentially involved. The answer to your question can only be obtained through medical expert review of your medical records to determine if and by whom the standard of care was breached and if that breach directly caused or substantially contributed to causing you serious and permanent injuries. A Personal Injury Attorney can assist you in exploring these issues by interviewing you in depth and reviewing your medical records prior to sending them out for review by the appropriate medical experts. Consequently, if you are interested in consulting with one of us, you will have to reach out, as attorneys are unable to directly solicit on this forum. Do not delay, as the Statute of Limitation for bringing a Medical Malpractice lawsuit is relatively short given the complexity involved in such cases. Best, Loren L. Gold, Esq... Read Answer
  I am very sorry to hear this and hope your condition improves. Based upon the information which you have offered, there may be multiple... Read Answer

I don't know who to call or where to start.

Answered a year and 7 months ago by Kimberly Lewis Beck (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Business Litigation
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As I understand it, you co-signed on a loan for your son's friend.  Friend sold the trailer and skipped town with the money.  Do I have the story straight? First off, if you know where the trailer is, contact the lender and tell them to reposes the trailer. Secondly, contact volunteer lawyers project or another non-profit in your area.  Unless you can pay a lawyer out of pocket, you will need a volunteer lawyer.... Read Answer
As I understand it, you co-signed on a loan for your son's friend.  Friend sold the trailer and skipped town with the money.  Do I have the... Read Answer

I was driving down a dark street during a hurricane and ran into a powerline!

Answered a year and 7 months ago by Mark Tischhauser, Esq. (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Insurance
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Its possible either way - all depends on the specific details and the facts. You will need to retain a lawyer to provide you a proper assessement and go from there. 
Its possible either way - all depends on the specific details and the facts. You will need to retain a lawyer to provide you a proper assessement and... Read Answer
  Dear Marie, I am sorry to hear about this and hope your condition improves. That being said, the answer to your question can only be obtained through medical expert review of your medical records to determine whether the standard of care was breached and if that breach directly caused or contributed to causing you serious and permanent injuries. A Medical Malpractice Attorney can assist you in exploring these issues by interviewing you in depth and reviewing your medical records prior to potentially sending them out for review by the appropriate medical experts. If a recovery is made, Humana / Medicare will most likely have a right of subrogation. We all give free consultations; however, you will have to reach out, as we are unable to solicit on this forum. Do not delay, as the Statute of Limitation for bringing a Medical Malpractice lawsuit is relatively short given the complexity involved in such cases. Loren L. Gold, Esq. ... Read Answer
  Dear Marie, I am sorry to hear about this and hope your condition improves. That being said, the answer to your question can only be obtained... Read Answer

Can I sue for any of this? (Part 1)

Answered a year and 8 months ago by Mark Tischhauser, Esq. (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Medical Malpractice
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Possibly, but you will not likely find a lawyer to take such a case on a contingent fee. Especially if you post is accurate and that you fell asleep a second time at the IHOP with the marker incident. It is also critical to determine WHY you are "falling asleep" at the IHOP at such a level that you are unaware of the events you describe when they occur. If this is the result of substance abuse issues, that might make any claims you might make that much more difficult to address from a variety of reasons. You should still try to runt this by any consumer or personal injury lawyers in your area to get a formal assessment of the circumstances. ... Read Answer
Possibly, but you will not likely find a lawyer to take such a case on a contingent fee. Especially if you post is accurate and that you fell asleep... Read Answer

Can I sue this computer shop and ask for compensation?

Answered a year and 8 months ago by Mark Tischhauser, Esq. (Unclaimed Profile)   |   1 Answer
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Not likely, as its your responsibility to "mitigate" collateral and consequential damages and most such damages are not recoverable in a general contract sense unless they were foreseeable. There are literally dozens of options available to allow you to maintain online content. Its also depends on whether there is a legitimate reason the laptop is not repaired such a delay with sourcing a part. That said, you should demand that they either fix the laptop, provide you a concrete reason why it has not been fixed and when it will be or that you simply take the laptop back and have it fixed elsewhere. ... Read Answer
Not likely, as its your responsibility to "mitigate" collateral and consequential damages and most such damages are not recoverable in a general... Read Answer

I have been scammed for 100,000

Answered a year and 8 months ago by Mark Tischhauser, Esq. (Unclaimed Profile)   |   1 Answer
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I am not sure what the question is here.  If you think you were scammed your first contact should be law enforcement and I encourage you to contact them immediately. 
I am not sure what the question is here.  If you think you were scammed your first contact should be law enforcement and I encourage you to... Read Answer

Timesharing with ex who drives under influence and suicidal

Answered a year and 8 months ago by Mark Tischhauser, Esq. (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Personal Injury
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This is a law enforcement issue on one level and something that needs to be addressed with your family law lawyer on the other hand. Obviously there is a serious issue with "timesharing" with a parent that is homeless, a substance abuser and potentially having mental issues. This is an issue the court needs to address and you should engage your family law lawyer to address this ASAP. ... Read Answer
This is a law enforcement issue on one level and something that needs to be addressed with your family law lawyer on the other hand. Obviously there... Read Answer

My name is on everything that my parents own

Answered a year and 8 months ago by Mark Tischhauser, Esq. (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Automobile Accidents
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As long as your name "is on" the assets of others there is always a potential exposure. You and your parents should retain an "asset protection" lawyer to review your situation to provide specific answers about exposures or ways to avoid them. 
As long as your name "is on" the assets of others there is always a potential exposure. You and your parents should retain an "asset protection"... Read Answer
You need to contact a litigation attorney in order to review the Contract with the HVAC Contractor and provide advice to get this resolved.
You need to contact a litigation attorney in order to review the Contract with the HVAC Contractor and provide advice to get this resolved.
In order to hold a premises owner liable for injuries on their property, you have the burden to prove that they were negligent. For example you must prove that the owner had a dangerous condition that caused the trip and fall. What was the negligence on the part of the property owner that caused you to fall? Do you have pictures of the accident site where you fell? ... Read Answer
In order to hold a premises owner liable for injuries on their property, you have the burden to prove that they were negligent. For example you must... Read Answer

Can a restaurant trespass me from their property only because I sued them?

Answered a year and 8 months ago by Mark Tischhauser, Esq. (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Business Litigation
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Yes. You should not expect to sue anyone and expect them to treat you kindly or welcome your patronage. Whether thier action is a good idea from the defense side is another issue and depends on the basis for the lawsuit. 
Yes. You should not expect to sue anyone and expect them to treat you kindly or welcome your patronage. Whether thier action is a good idea from the... Read Answer

Warranty Company not honoring the Warranty

Answered a year and 8 months ago by Mark Tischhauser, Esq. (Unclaimed Profile)   |   1 Answer
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You may need to hire a lawyer to sue the warranty company to replace the condensor and challege thier claim that the repairs are subject to an exclusion. You can use this service, Google or others to locate a lawyer in your area to retain. The key issue is whether a lawyer will require a pre-paid retainer or takethe case on a contingent fee. ... Read Answer
You may need to hire a lawyer to sue the warranty company to replace the condensor and challege thier claim that the repairs are subject to an... Read Answer

Can landlord take away designated parking without notice?

Answered a year and 8 months ago by Mark Tischhauser, Esq. (Unclaimed Profile)   |   1 Answer
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Unless the deisgnated parking is written in the lease, you likely have no right to it. That said, if you are legally disabled you might retain a lawyer to do an ADA reasonable accommodation demand to designate a spot for you to park at or to place ADA parking closer to your residence. YOu might seek out legal aid to assist if you are eligible. ... Read Answer
Unless the deisgnated parking is written in the lease, you likely have no right to it. That said, if you are legally disabled you might retain a... Read Answer

how can i press police to use extingent circumstance and arrest someone when it is life threating and children are involved

Answered a year and 8 months ago by Mark Tischhauser, Esq. (Unclaimed Profile)   |   1 Answer
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The problem you are likely to run into is a claim of "life threatening" anything when the alleged perp lives in another state, outside the jurisidiction of Florida law enforcement, and likely hundreds of miles away. There typically looking for "imminent danger" such as the guy on your doorstep trying to get in and waiving a gun. That he is a general "danger to society" is typically of little concern to law enforcement who will require specific and identifiable conduct that meets a specific criminal standard to get involved. You should contact local legal aid or victims advocacy groups to see if they can help you address your issues. You might also consider contacting law enforcement where the perp lives to see if they will get involved. ... Read Answer
The problem you are likely to run into is a claim of "life threatening" anything when the alleged perp lives in another state, outside the... Read Answer
Arelis: The putative father is violating the restraining order by texting you.  Do not respond to his texts anymore, and in fact, you should file a Motion to hold him in contempt for violation of the restrianing order, and attach copies of the texts he has sent. As to the paternity test, it seems you  have enought to deal with at this time without worrying about the test.  However, if  you get before the Court on the violation of injunction you can ask the Court to have him take a paternity test.  I am not aware of a lab that will come to your home and do the mouth swab for the children's DNA, but you could call around to find out. You might be able to do it this way but the two tests (dad and children) will have to be from the same lab. But again, he should not be contacting you, and you should not be responding.   Best of luck with the babies and your case, Cindy S. Vova Family Law Offices of Cindy S. Vova, P.A. Broward/Miami-Dade: 954-316-3496 Boca Raton/Palm Beach:561-962-2785... Read Answer
Arelis: The putative father is violating the restraining order by texting you.  Do not respond to his texts anymore, and in fact, you should... Read Answer

How do I get an audience with the judge

Answered a year and 8 months ago by attorney Cindy S. Vova   |   1 Answer   |  Legal Topics: Child Custody
Mr. Dossett: Sometimes judges are just backed up and sometimes things get "lost."  I am assuming that you did not have an attorney representing you at the hearing.  First you should check the on-line docket because sometimes they court's orders are filed there and it sliops throughthe cracks where it is not sent to the parties. If you do not find it there, then  I would suggest calling the judge's judicial assistant and (very nicely) explaining that your case was heard 3 months ago (give the assistant the case number and the date of the hearing) and  that, as a lay person, you were just following up to see when the assistant thought the judge would rule.    As to things that have happened since then, you will have to address that separately since the judge only took evidence and testimony up through the date of your hearing. Best of luck to you. Cindy S. Vova Family Law Offices of Cindy S. Vova, P.A. Broward/Miami-Dade: 954-316-3496 Boca Raton/Palm Beach: 561-962-2785... Read Answer
Mr. Dossett: Sometimes judges are just backed up and sometimes things get "lost."  I am assuming that you did not have an attorney representing... Read Answer

Court unable to locate our landlord/judicial default

Answered a year and 8 months ago by Mark Tischhauser, Esq. (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Foreclosures
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YOu will need to retain a lawyer to intervene because there is a lawsuit in which you are involved.  Otherwise you risk adverse rulings that might cost you more to address after the fact that trying to prevent them from the start. 
YOu will need to retain a lawyer to intervene because there is a lawsuit in which you are involved.  Otherwise you risk adverse rulings that... Read Answer

Can I sue my local restaurant for this?

Answered a year and 8 months ago by Mark Tischhauser, Esq. (Unclaimed Profile)   |   1 Answer
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Yes, but the damages are questionable, as ice would not likely "burn your skin" or affect your throat and is not likely worth the effort. This also raises potentially controversial issues such as why you would "fall asleep" in a restaurant booth where pouring water on you did nothing to wake you. You can contact law enforcement if you like as this may about to a legal battery and there might be security video of the event. ... Read Answer
Yes, but the damages are questionable, as ice would not likely "burn your skin" or affect your throat and is not likely worth the effort. This also... Read Answer

Iโ€™d like to know if I have a Wrongful Termination case, here.

Answered a year and 8 months ago by Mark Tischhauser, Esq. (Unclaimed Profile)   |   1 Answer
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NO way to tell from a one-sided internet blurb. You will likely need to retain a lawyer to review the specific details, including the allegations of the employer or complainant. That said, that "someone asked how you knew" about some medical event with an employee, suggests that you  were discussing what may have been protected information with someone else. Use the find a lawyer feature to locate a suitable lawyer in your area for that purpose. ... Read Answer
NO way to tell from a one-sided internet blurb. You will likely need to retain a lawyer to review the specific details, including the allegations of... Read Answer