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 12 of lawyers' answers to legal questions about Florida.

Recent Legal Answers

Paid a registration fee for childcare. We were unaware that they would be raising their weekly rates shortly after.

Answered a year and 9 months ago by Mark Tischhauser, Esq. (Unclaimed Profile)   |   1 Answer
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No way to tell without reviewing the contract terms or policies of the facility. Many "registration fees" for such facilities are non-refundable for (a) to cover admin costs and (b) to deter parents from reserving one spot and then go shopping for others, leaving the facility with the expense and effort of finding another child to fill the slot. By example here, it seems the facility was provided less than 2 weeks notice and that might also be an issue. Depending on the amount at issue, it may or may not be worth the expense. ... Read Answer
No way to tell without reviewing the contract terms or policies of the facility. Many "registration fees" for such facilities are non-refundable for... Read Answer

Can I sue a restaurant for a burn

Answered a year and 9 months ago by Mark Tischhauser, Esq. (Unclaimed Profile)   |   1 Answer
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You will need to seek medical care immediately and contact a personal injury lawyer to determine whether your injuries warrant a legal claim vs a customer service issue. 
You will need to seek medical care immediately and contact a personal injury lawyer to determine whether your injuries warrant a legal claim vs a... Read Answer

If a company says they won't press charges does that mean anyrhing?

Answered a year and 9 months ago by Ms. Heather Adair Harwell (Unclaimed Profile)   |   1 Answer
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First, understand that "duress" does not mean simply that you did not want to sign the note or that you felt personally compelled because they gave you an ultimatum.  Second, unless you fraudulently incurred the debt, the creditor can not "charge" you with anything.  All they can do is sue you for the debt.... Read Answer
First, understand that "duress" does not mean simply that you did not want to sign the note or that you felt personally compelled because they gave... Read Answer

wrong social security number on my contract

Answered a year and 9 months ago by Mark Tischhauser, Esq. (Unclaimed Profile)   |   1 Answer
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Your post is a bit confusing as it would make no sense that your existing finance company for the the motorcycle would have a bad SSN caused by the new seller. If there is a wrong SSN on the new contract, that should be easily addressed by bringing this to the attention of the seller and the new lender for the HRV. If this continues unresolved you will likely need to spend the money to hire a lawyer and can use the find a lawyer feature for that.... Read Answer
Your post is a bit confusing as it would make no sense that your existing finance company for the the motorcycle would have a bad SSN caused by the... Read Answer

What are our rights

Answered a year and 9 months ago by Mark Tischhauser, Esq. (Unclaimed Profile)   |   1 Answer
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This is a matter of contract and warranty terms. You describe 2 different issues - aesthetics and quality. If you are not able to secure a remedy with the manufacturer, you may need to spend the money to hire a lawyer to intervene. Use the find a lawyer feature for that. 
This is a matter of contract and warranty terms. You describe 2 different issues - aesthetics and quality. If you are not able to secure a remedy... Read Answer

i have an open ended lease in a trailer park ,park was sold rent was raised can they do that or did they breach contract?

Answered a year and 9 months ago by Mark Tischhauser, Esq. (Unclaimed Profile)   |   1 Answer
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This depends on the terms of the contract and the MHP rules. An "open ended" lease is often a month to month rental and subject to termination or change on a monthly basis at the whim of the MHP management. The exception is if you own the trailer and the MHP is coverd under Fla. Stat. 723 as opposed to simply renting a trailer in a MHP which is covered under Fla. Stat. 83. Understand that if you have a MTM rental under Fla. Stat. 83, the fact that you cannot afford the raised rent or to move is not a concern for the MHP management, and non-payment is a basis for eviction. You might want to see if local legal aid is able to assist you.... Read Answer
This depends on the terms of the contract and the MHP rules. An "open ended" lease is often a month to month rental and subject to termination or... Read Answer

can i sue association for stolen uninsured car.

Answered a year and 9 months ago by Mark Tischhauser, Esq. (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Insurance
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Legally? Sure, you can try. Practically? Not unless you can prove they owed you a legal duty to protect your car. The big mistake here is not insuring the car. You will need to spend money out of pocket, most likely, to retain a lawyer to review this and see what if anything can be done. ... Read Answer
Legally? Sure, you can try. Practically? Not unless you can prove they owed you a legal duty to protect your car. The big mistake here is not... Read Answer
It's unclear Henry if your counsel is going to drop the case. If that's so you should retain substitute counsel to represent you here in Florida. 
It's unclear Henry if your counsel is going to drop the case. If that's so you should retain substitute counsel to represent you here in... Read Answer

liens on property

Answered a year and 10 months ago by Pamela M. M. Holcombe (Unclaimed Profile)   |   2 Answers   |  Legal Topics: Business Litigation
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The facts in the question are pretty sparse, thus I concur with Atty Tischhauser that this matter merits consultation with experienced (guessing) real estate or construction counsel if your property is under threat of being liened. 
The facts in the question are pretty sparse, thus I concur with Atty Tischhauser that this matter merits consultation with experienced (guessing)... Read Answer

Assessment Fee

Answered a year and 10 months ago by Mark Tischhauser, Esq. (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Foreclosures
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This is an interesting question. This will all depend on the details of the reverse mortgage contract. She will need to retain a real estate lawyer to review that document ASAP. Otherwise, its possible that there may be fines, penalties or assessments that cause a more expensive controversy. ... Read Answer
This is an interesting question. This will all depend on the details of the reverse mortgage contract. She will need to retain a real estate lawyer... Read Answer

case pending

Answered a year and 10 months ago by Mark Tischhauser, Esq. (Unclaimed Profile)   |   1 Answer
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There is no means for a "highly skilled" lawyer to address an issue in which you have actual legal counsel that represents you dealing with a criminal prosecution in an internet blurb nor is there an inherent means to dismiss or "throw out" criminal prosecution simply because you find it disagreeable, inconvenient or that you have somehow suffered financially as a result. The fact that you claim you did nothing wrong, whether that is true or not, is of little consequence if the State Attorney and the "victim" contend differently. I would urge you to have a serious discussion with your existing lawyer about the pros and cons of the settlement offer and the details of your case. If you cannot get on the same page, you may need to discuss the need to change counsel and hire a new lawyer that might have a different perspective on acheiving a favorable resolution. You also want to be wary of posting public comments on social media or internet Q&A forums as those comments might be found by investigators and potentially used against you. You should restrict your disclosures to communications in which you have attorney client privilege. Hope you get this worked out to a favorable result. ... Read Answer
There is no means for a "highly skilled" lawyer to address an issue in which you have actual legal counsel that represents you dealing with a... Read Answer

Do I have a case?

Answered a year and 10 months ago by Mark Tischhauser, Esq. (Unclaimed Profile)   |   1 Answer
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There is no means to answer such a question absent actually hiring a lawyer to review the contract terms. I can honestly say I have never seen a "lifetime warranty" on a wearable/consumable mechanical product like an entire vehicle. That immediately suggest something is shady about such a warranty from the onset. You need to retain a lawyer BEFORE you do anything further. ... Read Answer
There is no means to answer such a question absent actually hiring a lawyer to review the contract terms. I can honestly say I have never seen a... Read Answer
Our advice in the past has been that a straight flight to a US territory like St. Thomas and a direct flight back to the US is legally feasible for persons with pending adjustment of status applications, although there could be problems with immigration authorities on the return. The advice still holds even as we have noted instances in which people have been given problems on closed loop voyages due to confusing advice by Customs and Border Protection. We have also just heard that a F-1 student was required to produce an original USCIS approval on a domestic trip from New York to Los Angeles. If you are willing to deal with a potentially stressful situation, you can go, but if you do not do well in such situation, you may decide to cancel the trip. Due to the limitations of the Lawyers.com Forums, Alan Lee & Arthur Lee, Esqs.’ (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided herein by the Firm is general, and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.... Read Answer
Our advice in the past has been that a straight flight to a US territory like St. Thomas and a direct flight back to the US is legally feasible for... Read Answer

What is the next step in the process?

Answered a year and 10 months ago by attorney Stephen Arnold Black   |   1 Answer   |  Legal Topics: Education Law
You can research our backgrounds and reach out to one of us. What type of accident was this? Car? Slip and fall? 
You can research our backgrounds and reach out to one of us. What type of accident was this? Car? Slip and fall? 
They are most likely after the homeowner insurance policy. However, if all of you are insured under the same policy thete is no cross liability and insurance won't cover the claim. However, if the injury was caused by your son to a third party non resident , then the insurance will cover the claim. Call counsel here in Florida for more specific advice. ... Read Answer
They are most likely after the homeowner insurance policy. However, if all of you are insured under the same policy thete is no cross liability and... Read Answer

Tenant right

Answered a year and 10 months ago by Mark Tischhauser, Esq. (Unclaimed Profile)   |   1 Answer
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You will likely need to spend some money out of pocket to hire a lawyer to intervene and address this with the landlord. As a general rule, it is very difficult to sue a landlord to force them to evict another tenant for a variety of reasons. The typical remedy would be to sue the offending neighbor but that is often an expensive and complicated case simply because most residential tenants are "judgment proof" for money damages and judges require a very high level of proof in regard to issuing injunctions against co-tenants. You better bet is to hire a lawyer to try to use the unruly tenant as a basis to terminate your tenancy and allow you to move elsewhere. Use the find a lawyer feature to retain a lawyer for this purpose ASAP. ... Read Answer
You will likely need to spend some money out of pocket to hire a lawyer to intervene and address this with the landlord. As a general rule, it is... Read Answer

How do I sue my landlord for his illegal actions?

Answered a year and 10 months ago by Mark Tischhauser, Esq. (Unclaimed Profile)   |   1 Answer
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You likely need to contact local legal aid to help you address this issue. Rooming house issues are difficult and often not subject to landlord tenant laws.
You likely need to contact local legal aid to help you address this issue. Rooming house issues are difficult and often not subject to landlord... Read Answer

If you switched over law firms in find a contract, is your old law firm contract voided

Answered a year and 10 months ago by Mark Tischhauser, Esq. (Unclaimed Profile)   |   1 Answer
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You need to address this issue with your new firm. Thats why you signed with them and they need to advise you about handling issues with the old. 
You need to address this issue with your new firm. Thats why you signed with them and they need to advise you about handling issues with the... Read Answer

Is it worth trying to sue this big company?

Answered a year and 10 months ago by Mark Tischhauser, Esq. (Unclaimed Profile)   |   1 Answer
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There is no way to answer a quesiton about any  law suit "being worth it." This is a purely subjective determination. That said, you would have to have direct evidence that (a) the mattress in fact has fiberglass components and (b) that it has somehow contaminated your entire house by ordinary use and (c) that there is some negative health issue specifically attributable to that circumstance. You will likely need to retain a forensic expert to test your home and the mattress to show that it is shedding fiberglass and why. The common fight on such issues surrounds improper removal or washing of mattress covers. That said, if there is a fiberglass issue with the product, you shoudl certainly make a claim with the manufacturer to see if they will replace the mattresses with some that don't have fiberglass or allow you to return them for a refund. With the proper documentation, some manufactuers will reimburse loss of furntiture or clothes, etc.... Read Answer
There is no way to answer a quesiton about any  law suit "being worth it." This is a purely subjective determination. That said, you would have... Read Answer
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You will need to retain an elder care lawyer ASAP and likely establish a legal guardianship. A POA simpy allows you to make certain decisions for the elder but does not override thier own decisions. 
You will need to retain an elder care lawyer ASAP and likely establish a legal guardianship. A POA simpy allows you to make certain decisions for the... Read Answer

My mother wants her pet dog back

Answered a year and 10 months ago by Mark Tischhauser, Esq. (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Animal Law
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There is no "we" in this equation absent an existing guardianship over the mother. This is important as there appears to be a potential sibling vs. sibling controversy, one must be very careful in addressing such issues as they can rapdily expand into personal vendettas, as referenced by "her daughter" rather than "my sister or step-sister." Your mother may need to hire a lawyer to pursue a lawsuit against the daughter to recover the dog, which is deemed personal property in Florida, if she can't be convinced to return the animal voluntarily. ... Read Answer
There is no "we" in this equation absent an existing guardianship over the mother. This is important as there appears to be a potential sibling vs.... Read Answer

How difficult and expensive is it to amend a condo bylaw

Answered a year and 10 months ago by Mark Tischhauser, Esq. (Unclaimed Profile)   |   1 Answer
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This is question to be posed to the exiting board counsel. 
This is question to be posed to the exiting board counsel. 

How long does 1 have to hurt to be able to get some help with pain and suffering

Answered a year and 10 months ago by Mark Tischhauser, Esq. (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Medical Malpractice
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There is no general "help with pain and suffering" as a result of having a disease or surgical intervention. That is simply part of the process and package of such unfortunate situations. You can check with local legal aid for finaincial and emotional support groups and resources that might be available. If there is some concern about medical malpractice having occurred - you will need to have this reviewed by an attorney ASAP as there are very short statutes of limitation on such cases. ... Read Answer
There is no general "help with pain and suffering" as a result of having a disease or surgical intervention. That is simply part of the process and... Read Answer

Do we have a case?

Answered a year and 10 months ago by Mark Tischhauser, Esq. (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Business Litigation
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No - there is no case here based on the facts p[rovided nor "racism" based solely on the melanin content of the parties. In the future, its ALWAY a good idea to return to the person you prepaid for the items to show them what you got. There are many people people that pre-pay for such items and then rather than 10 bags take 12. Equally - there should have been no need to "get a manager" or review cameras, as all that would have been necessary was to produce the receipt he was provided when he pre-paid for the items. ... Read Answer
No - there is no case here based on the facts p[rovided nor "racism" based solely on the melanin content of the parties. In the future, its ALWAY a... Read Answer

Is the civil citation still valid if my name is incorrect, no driver license was written down and does not have my signature in it?

Answered a year and 10 months ago by Mark Tischhauser, Esq. (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Personal Injury
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Presumably so and you should treat it as such unless you are willing to spend more money and legal fees attempting to address any action that might arise should you ignore it. Otherwise you can hire a criminal defense lawyer to intervene and try to have the ticket "thrown out" but again it will likely cost more than the ticket. ... Read Answer
Presumably so and you should treat it as such unless you are willing to spend more money and legal fees attempting to address any action that might... Read Answer