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 11 of lawyers' answers to legal questions about Florida.

Recent Legal Answers

Courts canโ€™t find the homeowner and I am tenant

Answered a year and 8 months ago by Mark Tischhauser, Esq. (Unclaimed Profile)   |   1 Answer
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You will need to hire a lawyer to respond to the lawsuit as to your rental interest in the property. Otherwise, if you fail to file a timely response, you will be defaulted (lose) and may be subject to whatever ruling is issued by the court without futher notice and without any input on your behalf. ... Read Answer
You will need to hire a lawyer to respond to the lawsuit as to your rental interest in the property. Otherwise, if you fail to file a timely... Read Answer

What are my rights? Or what is the right thing to do

Answered a year and 8 months ago by Mark Tischhauser, Esq. (Unclaimed Profile)   |   1 Answer
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Not sure what you are asking about or why. You do not indicate that you ingested the worm, that there was any injury sustained if you did, or that the worm was not a part of the food product. By example, if you order fish there are commonly various worms in fish flesh, and while most cook away or are cut out, wild caught fish, like grouper and snapper still have them, and as such would not be as problematic as opposed to finding a worm in food where one would not expect to find one such as iced cream. You indicate that they discounted the check, leaving the issue to be "what is it you are expecting or wanting from them at this point?" Are there medical bills you incurred, mental health issues hat have been caused or effected? Was the company response inadequate? If you have specific issues, such as these, you will need to address this by hiring a lawyer to review the issues and provide you specific guidance on any rights or entitlements you may have. That said, if this was some indication of overall sanitation issues, such as the worm actually being something more insidious like a maggot, you might want to consider contating the local health department and making a claim. ... Read Answer
Not sure what you are asking about or why. You do not indicate that you ingested the worm, that there was any injury sustained if you did, or that... Read Answer

Medicaid and placement

Answered a year and 8 months ago by Mark Tischhauser, Esq. (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Medical Malpractice
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You may want to check with legal aid to see if they can provide you some direction.
You may want to check with legal aid to see if they can provide you some direction.

If I am getting sued for something that did not occur at my house but am getting blamed for it, what are my options?

Answered a year and 8 months ago by Mark Tischhauser, Esq. (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Libel, Slander and Defamation
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I am confused. If DCF and law enforcement found no violation and no charges were filed, WHO is suing you? If its the mother, this would certainly be a case, where based on your statements, she would have a "set of stones" to actually file a lawsuit where you would have the ability to put her under oath and subpoena records related her THC use. At the same time, if you DO smoke weed or have THC products at your property, that equally applies to you. If an actual lawsuit was filed, you will need to spend the money to retain a lawyer to defend the lawsuit so that you don't end up with a bad result out of self lawyering or inadvertently botching things up. Many plaintiffs file lawsuits hoping the defendant will default so they can "win" the case. ... Read Answer
I am confused. If DCF and law enforcement found no violation and no charges were filed, WHO is suing you? If its the mother, this would certainly be... Read Answer

Lease Agreement signed under false pretense and possible forgery

Answered a year and 8 months ago by Mark Tischhauser, Esq. (Unclaimed Profile)   |   1 Answer
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False pretense and forgery are very difficult and expense "defenses" to an eviction lawsuit and in most such cases inconsistent with such claims. By example, if the LL sues for eviction to recover possession of the property, arguing that the rental agreement is forged, simply reinforces that the tenant likely has no right to stay in the property, and should be evicted on demand. You will need to retain, not consult with, a lawyer ASAP as eviction cases have very strict and specific time frames for response that can result in eviciton simply because th tenant does not follow the rules. ... Read Answer
False pretense and forgery are very difficult and expense "defenses" to an eviction lawsuit and in most such cases inconsistent with such claims. By... Read Answer

Can a veterinarian be litigated for malpractice?

Answered a year and 8 months ago by Mark Tischhauser, Esq. (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Animal Law
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Yes, but they are not usually cost viable cases because animals are treated as chattel or personal property so there is no wrongful death claim concept and the expense of such cases are typically outweighed by the low verdict or settlement value. You should have your case reviewed by a lawyer before you proceed with any type of lawsuit. ... Read Answer
Yes, but they are not usually cost viable cases because animals are treated as chattel or personal property so there is no wrongful death claim... Read Answer
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Nothing that you described should have anything to do with mold absent an active water leak. Its possible to "sue" but you would be better suited to retain a lawyer to review the contract and the circumstances BEFORE filing a lawsuit that might cost you more in the end. 
Nothing that you described should have anything to do with mold absent an active water leak. Its possible to "sue" but you would be better suited to... Read Answer

rental property noise upstairs neighbor

Answered a year and 8 months ago by Mark Tischhauser, Esq. (Unclaimed Profile)   |   1 Answer
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This is generally an issue between you and the neighbor not the LL. There must be a substantial noise issue for the LL to be held responsible for another tenants noisiness. You need to retain a lawyer to intervene with the other tenant to minimize any confrontation issues. 
This is generally an issue between you and the neighbor not the LL. There must be a substantial noise issue for the LL to be held responsible for... Read Answer
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Under Fla. Stat. 319, the starting point is that the ONLY ownership interest recognized in a motor vehicle is recorded title interest. That said, the owner of the vehicle listed on the title owns the vehicle regardless of who paid what. You will need to retain a lawyer to address this with the EX and possibly sue her for damages. That said, it might be more cost effective it give her the truck back if you have no legal interest in it and if you are not liable for payment to the lender. At that point it becomes her responsibility to pay the remaining payments. You can address the details with a lawyer of your choice.... Read Answer
Under Fla. Stat. 319, the starting point is that the ONLY ownership interest recognized in a motor vehicle is recorded title interest. That said, the... Read Answer

Do I have a reason to hire a lawyer

Answered a year and 9 months ago by attorney Stephen Arnold Black   |   1 Answer
If you were cooking food then the smoke fumes are probobally the reason for the smoke detecgoing off. If you suffered no damages then you have no case. 
If you were cooking food then the smoke fumes are probobally the reason for the smoke detecgoing off. If you suffered no damages then you have no... Read Answer
No the second marriage is not valid. You need to divorce your first husband before you can get legally married again. 
No the second marriage is not valid. You need to divorce your first husband before you can get legally married again. 
If two or more owners on the deed to property can not agree on whether to sell or not sell, you can bring an action to partition the property and the court will order a sale of said home and the proceeds divided. 
If two or more owners on the deed to property can not agree on whether to sell or not sell, you can bring an action to partition the property and the... Read Answer

What documents/forms do I need to submit to the courthouse.

Answered a year and 9 months ago by Mark Tischhauser, Esq. (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Insurance
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This is one the primary reasons to retain lawyers in business litigation cases. Too many people think that they can handle the legal decision making only to find that what seems like the right decision at the time is later revealed to be the opposite. In many commerical litigation cases such as described here, the litigant failed to realize that all a judgment effectively is - is a court blessed IOU - with the added benefit of being able to TRY to collect the funds using legal process such as garnishment, levy and liens. I emphasize the word TRY as for most small businesses, if the judgment is significant, they will typically simply fold the business or file bankruptcy, or make exhaustive efforts to hide assets, leaving the judgment creditor is a less than optimal position. In some cases is as simple as the judgement debtor abandoning the existing business and then simply starting a different one that is not affected by the judgment. If you truly expect to enforce a judgment you REALLY need to consider retaining a collection law firm to handle that for you as they can help you maximize the ability to actually collect the debt. To your question, you would have to go through the contempt process with the court to have the court compel a response to the "Fact Information Sheet." This is a very technical process that can be very frustrating as many judges have no interest in becoming a collection agency for commerical judgment creditors that refuse to hire thier own lawyers. ... Read Answer
This is one the primary reasons to retain lawyers in business litigation cases. Too many people think that they can handle the legal decision making... Read Answer

What can I do now?

Answered a year and 9 months ago by attorney Stephen Arnold Black   |   1 Answer
You should reach out to another attorney here in Florida. Some of us take the tough cases including myself. 
You should reach out to another attorney here in Florida. Some of us take the tough cases including myself. 

Appeal home real estate appraisal

Answered a year and 9 months ago by Mark Tischhauser, Esq. (Unclaimed Profile)   |   1 Answer
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Not sure what the question is as opposed to simply voicing a complaint. You're best bet is to retain a real estate lawyer to review your situation and direct any inquiry to them. This is likely the fact that your "overpayment" established the value of the property for taxes. The neighbor may be grandfathered in with a lower tax base. ... Read Answer
Not sure what the question is as opposed to simply voicing a complaint. You're best bet is to retain a real estate lawyer to review your situation... Read Answer

Can I get a dvi on my brother we share ownership of the mobile home

Answered a year and 9 months ago by Mark Tischhauser, Esq. (Unclaimed Profile)   |   1 Answer
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There is no means to answer this with the facts provided. If you have concerns try contacting local law enforcement or legal aid about whether they think you qualify for a restraining order. That said, while you might be able to have him removed from the property for a short period of time, unless he is incarcerated, he may ultimately be able to return to the property because he is an equal owner of the property. You might want to discuss either buying his interest inte the trailer or possible selling yours to him, or selling in general and spliting the profits - so that you can each find a place to live away from each other. ... Read Answer
There is no means to answer this with the facts provided. If you have concerns try contacting local law enforcement or legal aid about whether they... Read Answer

Can I aacces my air conditioner

Answered a year and 9 months ago by Mark Tischhauser, Esq. (Unclaimed Profile)   |   1 Answer
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Citing California state law rulings 3000 miles away, from 1946,  is rarely of consequence in another state. That said, you will need to immediately retain a real estate lawyer to address any access issues required for maintenance of the A/C units on the roof, if there is a controversy over maintence access. As a general rule, you will not be allowed on the roof for liability reasons nor to service your own A/C unit for the some of the same reasons and often public health issues associated with freon or R410 handling.... Read Answer
Citing California state law rulings 3000 miles away, from 1946,  is rarely of consequence in another state. That said, you will need to... Read Answer

Dog bites dog, person not cooperating

Answered a year and 9 months ago by Mark Tischhauser, Esq. (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Animal Law
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NO way to tell. What is clear is that unless you can ID the people and prove it was thier dog, its impossible to hold "them" responsible. You may have to spend money on a lawyer to sue and try to depose your neighbor to see if they will disclose the ID of the "freind." There also may be issues if BOTH dogs were not on a leash. ... Read Answer
NO way to tell. What is clear is that unless you can ID the people and prove it was thier dog, its impossible to hold "them" responsible. You may... Read Answer

Can an employee's boss sue me

Answered a year and 9 months ago by Mark Tischhauser, Esq. (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Insurance
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Possible? Sure, if they claim that you were negligent and somehow caused the company a loss of revenue due to the employees injury. That seems far fetched from the facts you are describing. I would report this to your homeowners insurer and see if they will cover it or at least provide a defense lawyer to to respond. Otherwise, you will likely need to spend some money on a civil trial lawyer to address this issue directly. There seems to be something missing here that a contractor is just randomly demanding $15,000.00 + medical bills for an "employee" that doesn't seem to have done much damage wise.... Read Answer
Possible? Sure, if they claim that you were negligent and somehow caused the company a loss of revenue due to the employees injury. That seems far... Read Answer
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Impossible to tell from the facts provided as you seem in one part to state this is a storm damage issue and then in the other claim it was caused by contractors. What is clear, however, is that if the repair cost is $500.00 it is not likely productive to retain a lawyer to intervene as it will likely cost more than the amount in dispute. No harm in calling "property damage" lawyers to see if there are any angles that might get them onboard such an insurance claim or such. ... Read Answer
Impossible to tell from the facts provided as you seem in one part to state this is a storm damage issue and then in the other claim it was caused by... Read Answer

What is the next step?

Answered a year and 9 months ago by Mark Tischhauser, Esq. (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Business Litigation
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You will need to actually retain a lawyer to address an issue when its involved with litigation. Thats the next step and anything less is a recipe for disaster. 
You will need to actually retain a lawyer to address an issue when its involved with litigation. Thats the next step and anything less is a recipe... Read Answer
  I am sorry to hear about your injury and hope that you recover fully. More facts are needed as well as evidence preservation which can be discussed in consultation with a Personal Injury attorney who can investigate this matter on your behalf and determine all possible responsible parties rather attempting to pursue this on your own. An experienced professional can guide and advise you and evaluate your claim. However, 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 so as not to prejudice your rights.... Read Answer
  I am sorry to hear about your injury and hope that you recover fully. More facts are needed as well as evidence preservation which can be... Read Answer

need a letter of adminstration

Answered a year and 9 months ago by attorney Stephen Arnold Black   |   1 Answer
Hi Phillip. My sympathies on your loss. You're going to have to open up a probate because Florida does not have a small estate affidavit process. I do not handle these types of cases but if you need a referral reach out and I can help. How much $ is in wife's account roughly? 
Hi Phillip. My sympathies on your loss. You're going to have to open up a probate because Florida does not have a small estate affidavit process. I... Read Answer

I currently have cancer which the doctors think It was from contaminated community I lived in as a child ( Escambia Wood Site). Can I file a sue?

Answered a year and 9 months ago by Mark Tischhauser, Esq. (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Animal Law
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You will need to retain a lawyer to examine this and see if there are any pending or viable class claims for this issue. As I understand it, this was all made public and the EPA took action 20+ years ago, so much of this issue revolves around your age now and when you were there. A toddler or an adult reference does nothing to establish the dates at issue. Use the find a lawyer feature for that purpose. ... Read Answer
You will need to retain a lawyer to examine this and see if there are any pending or viable class claims for this issue. As I understand it, this was... Read Answer
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No way to answer such a question without ALL of the details involved including what the obligations of the PM were. That said is rare that a PM will agree to be financially responsible for cleaning and repairs as that essentially places them in the defacto position of a "subletter" and can result in a zero or negative profit situation depending on the property and tenant. Here it seems you indicate that the PM was somehow obligated to pay for the repairs, etc. as opposed to pass the info on to you for you to pay for them. I point this out because some of what you describe might be a financial wash......You will likely need to retain a lawyer to address this properly which might not be viable for a $3-4k dispute. For furture reference  - this is EXACTLY why written contracts are so important. ... Read Answer
No way to answer such a question without ALL of the details involved including what the obligations of the PM were. That said is rare that a PM will... Read Answer