Florida Recent Legal Answers from Lawyers

While I am sorry to learn that you find yourself in these difficult financial circumstances, it is the harsh practical reality that many condo associations are facing greatly increased costs for property insurance and other costs associated with compliance with recently enacted regulations that require new or additional engineering reviews.  It may also be that reserves need to be replenished in light of upcoming major maintenance issues such as end of lifetimes of roofs or other major items of work. As to inability to make the new payment, very sadly, the association has both the ability to place a lien against the unit for unpaid assessments and then to file a suit for foreclosure of the lien which could end in you losing the unit.  It is important to know that unpaid assessments can result in additional late fees, imposition of interest and attorneys fees for atttempts at collection, and these amounts continue to increase and can quickly exceed the amount of the unpaid assesments.  This means that, in the short term, not paying will cost you a lot more, and that just staying in the condo and paying when or if you sell is not a viable long term strategy. As a practical matter, those on a fixed income, especially seniors, may be eligible for benefits of which they are not aware and could help make up the difference such as food stamps, health care, discounts on mobile phone service or cable, utilities subsidies, and further information can be found at: https://www.ncoa.org/older-adults/benefits and https://www.aarp.org/aarp-foundation/our-work/income/public-benefits-guide-senior-assistance/   Your local Council on Aging may provide a wealth of information on available resources.  Other financial options may include asking for assistance from charitible organizations or family members, taking a hard look at the budget, picking up some part time hours, or even considering a reverse mortgage.   Wishing you the very best of luck in these challenging circumstances.  ... Read Answer

I am very sorry to learn of the difficulties you are having with this solar installation.  Unfortunately,  questions by homeowners regarding a whole host of issues with solar providers are all too common both on these attorney Q&A sites as well as presenting to our local Legal Aid organizations.  The Florida Attorney General's office has recently taken action against several of the most disreputable solar providers and there are many that have gone out of business leaving the owners holding a defective bag. Sadly, solar installers and roofers are two separate licensed trades and issues of leaking roofs after solar installation is farily common as the installation of the solar panels may penentrate the roof's waterproof barrier and void the roofer or manufacturer's warranty.  In this case it appears there was a reroof after the solar array was installed and it is not clear which entity removed and reinstalled the solar, but it is typically the solar companies responsbility to reconnect the solar to the electric grid as this work does not fall within the scope of a roofing license. These situations are factually complex, but it would be prudent to make formal written demand for correction of the issues under the notice terms of the agreements in place with both contractors (these typically provide that notice has to be in writing, delivered by specified methods to specified individuals).  It may also be prudent to schedule an on site meeting with representatives from both entities to be present at the same time.  Another practical step is to have independent roofer/solar installers look at the issues and give you their opinions as to what needs to be done.   If you are unable to get to the bottom of these isues, consultation with experienced construction counsel in your local area may be required.  I wish you the best of luck.  ... Read Answer

Unfortunately, this question involves issues relating to the specific terms of the contract for representation that you have with your attorney's office.  In very general terms, it is very typical for attorneys representing clients with insurance claims to have provisions that provide that the check for the settlment proceeds to be sent to the attorneys trust account so that appropriate reconciliation of costs, fees, and allocation of distritrubutions can be made.  Typically this process  requires the funds to have cleared trust before any distribution can be made and for bookkeeper or other staff to update the disbursements for costs, billing records (if not pure continegency), and for a reconciliation to be prepared.  These "back of house" administrative tasks may require input from several different firm staff members and no attorney here on AVVO can do anything more than guess at what is going on, but it could certainly be some benign admistrative hiccup or holdup.  At this juncture, it would be appropriate for you to follow up directly with attorneys office as to the status of the matter.  ... Read Answer

If the bank account is a transfer on death or payable on death listing you as a beneficiary, all you need to do is to produce the death certificate and your photo ID to the bank to get the money. If the bank account isn't a joint account or does not list a beneficiary, then it's more complicated. You will have to file a will if there is one and open up a probate case. ... Read Answer

No way to answer that other than dental malpractice cases cost too much to pursue in expert fees vs. the financial value and in many instances have problematic complications. You will need to hire a dental expert at your expense to gather and review the records and provide an expert opinion as to malpractice. In the meantime, you have some potential statute of limitations issues under Fla. Stat. 766 and 95.11 you will need to address with a lawyer you retain ASAP. ... Read Answer

This is an issue for your union rep to deal with if there is a violation of a collective bargaining agreement or some policy over which the PEA has dominion. Otherwise, by the time you spend the money to sue the PCSB, the issue will have resolved with the end of the school year, making the issue moot other than drawing attention to the issue should the student act out on the threats. ... Read Answer

Your medical condition preventing you from getting implants is not YOUR determination to make, but rather that of the dentist and your treating physicians otherwise. If you signed a contract, y ou are bound by the terms of the contract, unless there is some legal reason that dictates otherwise. ... Read Answer

Unfortunately, in most everywhere in Florida - A/C is not required by statute as a condition to rent a property. That said a verbal 45 day notice to terminate a tenancy is not proper (has to be in writing) nor is it proper when there is a lease. Same with the fence. There is no 60 day notice in Florida. You may need to retain a tenant lawyer to address this with the LL to make sure you can stay as long as you pay the rent or to negotiate termination of the tenancy so you can move elsewhere. You might want to contact legal aid to see if they will intervene. ... Read Answer

This is an underwriting question to be addressed by your insurance agent or finaincial planner. The obvious reasons to to have stacked coverage is UM covers only up to $500,000.00 with 2 vehicles and Umbrella UM (which I have never seen offered, as opposed to BI liability) might have different coverage provisions or benefits vs. statutory UM. As a rule insurers HATE to write UM because they are forced to provide coverage for a risk they cannot assess (other drivers) and like PIP, place them in a position where they have no "win" when a claim is made. ... Read Answer

There is no "pro-rated  rent" for breach of lease. Rent is paid for the month on a month by month basis. When a lease is terminated, the remaining days on that month are simply forfeit. Whether they can keep the deposit depends on compliance with Fla. Stat. 83.49 and the reasons claimed by the LL. ... Read Answer

Not under the facts presented as a general rule. Under 18 your mother is actually your guardian and there is no requirement for you to agree to anything. Depending on the settlement value there might have been a requirement to have a court approved settlement, again, if that occurred you would have little recourse. There are also issues to be addressed as to what you claim are "life altering" injuries. Whether you could sue your parent for some impropriety is a different issue, but unless she has the money to pay for what ever damages you might claim, it may simply be titling at windmills. It also depends on how long ago this all occurred. You merely mention you were 17 and not WHEN you were 17. You may need to hire a lawyer, liely at some expense,  to review the issues and go from there. ... Read Answer

There is a whole lot misisng in this situation. That said, its a solid bet you will not be getting the 3x rent before May 1 unless there is a direct court order stating otherwise. You will likely need to address this with the court and should contact legal aid to address any further issues or retain a private lawyer to address the issues with the court. ... Read Answer

No. You were not a party to the action, unless you were the estate PR, and the lawyer is not required to provide you any records, especially from 20 years ago, assuming they actually had them. You would need to get them from the PR for the estate, assuming there is no confidentiality provisions, again that assumes anyone evem has such records 20 years later. ... Read Answer

Fla. Stat. 83.56 and 83.51 address the water issue. In most instances, you are entitled to abate the rent or terminate the tenancy - but not to have a landlord pay for your hotel stay. Especially since is hard to claim that no running water due to a plumbing issue results in you needing to stay in a hotel. The landlord will point out that you could just have easily stayed in the apartment and used bottled water until the repairs are made. Especially over a 48 hour period. ... Read Answer

Did the firm you hired file a lawsuit? If they did not, then you should speak with another attorney about possible substitution of counsel. In some cases, Insurance companies don't really take a law firm seriously UNLESS they file a lawsuit. Most lawyers just want to "settle" cases on the phone without doing the hard work of filing suit, doing discovery, hiring expert witnesses and spending time and their "own" expense litigating the case to trial. They just want to "negotiate" with a non lawyer insurance adjuster. Do you see the big difference? Reach out to one of us to discuss. If a law firm withdraws from the case they by law don't have a charging lien on the file, so you have nothing to lose by getting a second opinion. Cases involving injuries that occurred prior to Spring 2023 are subject to the old statute of limitations of 4 years. Cases involving injuries that occurred after Spring 2023 are subject to the new 2 year statute of limitations. ... Read Answer

Not sure what your question actually is. Absent a medically documented injury, this not a viable legal claim. Being "sick to your core" without documentation is of little consequence. If you want to know what the substance is, you can retain a forensic testing company at your expense to test the item, though it may cost you several thousand dollars to secure an expert answer. ... Read Answer