Florida Recent Legal Answers from Lawyers

This depends on the actual reasons for denial. Many times the denials are legitimate exclusions to the policy. Others, based on garbage excuses trying to screw the home owner by not paying as agreed. You will need to retain a lawyer to pursue this, typicallyat your own expense due to some recent law changes. ... Read Answer

There should be no expectation that the case "goes smoothly" because of the situation you created. You did not have a lawyer address the tenancy nor have a lease so there is no reason to expect that doing more without a lawyer is likely to get a better result. You need to retain a landlord lawyer immediately or risk this going off the rails further and becoming an even bigger problem. ... Read Answer

Dear Anonymous: It really depends on the terms of your personal injury settlement. Did your spouse sign off on the settlement?  If a lawsuit was filed, was it filed in the name of both your spouse and you?  Did the settlement reference a "loss of consortium?" If the settlement statement was signed by both of you and your spouse was a party to the lawsuit, then most likely the proceeds would be considered marital property.  How much of the settlement is marital is another issue because, for example, if you had gone to trial a jury might have awarded you a certain amount for injuries, loss of income, etc., while awarding your spouse for the loss of your "services" "companionship, etc." Also, even if you were the only party who settled the case, if you comingled any of the settlement proceeds with other funds (i.e.  had the settlement money in a separate account, and then added any money to it) then you may have tainted the entire account and converted it to a marital asset. Bottom line:  absent a settlement that says: this is yours and this is your spouse's, and then you keep the funds totally separated, whether the car purchased with the settlement funds is non-marital is not a clear answer. A possible solution would be to have a postnuptial that expressly states the settlement proceeds or anything you do with them will remain non-marital.  However, a postnuptial requires full financial disclosure, should be done by an experienced family law attorney, and will cost to have it drafted. If you are planning to divorce, then I'd just hold off on the car purchase for now. Best of luck, Cindy S. Vova Law Offices of CIndy S. Vova, P.A. Broward/Miami- Dade: 954-316-3496 Boca Raton: 561-962-2785 www.vovalaw.com... Read Answer

Judgement debtors cannot "cancel" a writ of garnishment. If there is a legitimate exemption, that needs to be timely filed and then there is usually a hearing for the court to determine if the exemption is valid. If it is the writ is disolved  - if not the court will determine the amount taken from each paycheck or the amount taken from bank accounts etc. ... Read Answer

Generally since your mother is currently her primary custodial caregiver and take responsibility for your sister the applicant is considered an authorized designated representative. She is in the States legally, is an LPR so there should not be an issue of representation.  Ensure attach document that establishes familial relationship between your sister and your mother as well as proof your mother is the primary custodial caregiver. I will strongly recommend you seek representation from an attorney  who can assist in reviewing and assemblying your application for you as he/she will assist you with confidence and all adequate pieces of evidence plus more.... Read Answer

Immigration looks at the name you put in your form, the name on the beneficiary's passport, the name on your marriage certificate and even provide areas within the I-130 form to provide "other" names used by the beneficiary. It is going to be up to the immigration officer to decide if the middle name matters. If there are discrepancies in names, they may ask for more information.... Read Answer

RV Parks have a lot more leeway than mobile home parks predominantly because they are transient facilities rather than MHP which involve homes that are effectively fixtures. The remedy generally is to relocate to another more accommodating RV park. You can also hire a lawyer to address whether the RV park is actually qualified as a MHP and subject to Fla. Stat. 723... Read Answer

A legal and irrevocable gift of property occurs when 1) the giver intends to gift the property to another party and 2) legal title to that property is transferred from the giver to that other party.  If he didn't change the title from himself to you, then it's likely you will not have a case to sue. Discuss with counsel for more specific advice. ... Read Answer

Is the property you and his homestead? Is it your primary residence or is it a rental?  If it is your homestead, have you filed for homestead tax exemption (it is just an indicator that it is your homestead, not mandatory)?   If the property is your boyfirend's homestead, and depending on the type of judgment, the attorney may be precluded from foreclosing.  ... Read Answer

You will likely need to spend the money to hire a lawyer to address this. If the LL does not properly comply with Fla. Stat. 83.49 there is often argument that they waived the right to any claims against the security deposit. The LL is likely gambling you won't spend the money and they will keep the funds when you simply move on.... Read Answer

Merely because the owner died does not give the eventual successors to owner's interest to change the terms of the agreement.  First, unless and until the family members opened a probate and someone is appointed as a personal representative, no family member had the legal authority to act on anything.  Second, no attorney answering questions on these types of internet sites can provide the kind of specific advice you need, as it will require a review of the actual terms and conditions of the entire contract, the deed, and any probate court papers to advise on the potential rights and remedies of both sides.  One suspects, without knowing, the contract said you had to make the monthy payments regardless of death of owner, and as a practical matter, you should have held aside the monthly payments as your obligations under the agreement were equally still in effect and the day of reckoning was sure to come.  All this said, it is entirely possible that a negotiated settlement could result in a workout where it is more affordable for you to catch up.  Consultation with counsel well versed in probate and real estate as soon as possible is going to be to your best benefit as once a default notice is issued, penalties, higher interest rates, and attorneys fees may well be added to the balance due. ... Read Answer

  I’m very sorry for this tragic loss. A Personal Injury attorney can undertake investigation into the matter and explore options available to your family. Choose an experienced professional to guide and advise you. One who can determine all responsible parties and insurance coverages, including any first party coverages. 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.... Read Answer

YOu will simply need to spend the money out of pocket  on a defense lawyer to address the injury lawsuit regardless of whether you find it valid or legitimate. Obviously some doctors and lawyers involved disagree and that means a jury or judge might also to whatever financial risk exists.... Read Answer

Its arguable that this might be a violation of Fla. Stat. 559.72(7). The real issue is if you have the money, witholding payment under a 3 day notice is a bad decision and forcing the issuance of a 3 day notice baits both an eviction and an angry LL to deal with. If you have a 3 day notice served, that typically places you in the role of wrongful party not victim, because it starts with you breaching the rental agreement and being provided a last opportunity to pay the rent before eviction. Trying to pursue or leverage an FCCPA violation of nominal value is not likely a good trade off for an eviction. ... Read Answer

This question ended up in the construction law category and has been moved to property insurance in hopes of getting you better reponses.  Based on these facts you probably need to consult with a first party property insurance attorney to review whatever your insurance has offered as well as condo association law counsel to review the issues and potential remedies from the assocation or its roofing company.... Read Answer