Florida Recent Legal Answers from Lawyers

This is not a medical mal case as described. You simply have a doctor with an opinion you disagree with. You will need to find the means to secure an opinion supporting your view or possibly spend the money to retain a lawyer to immmediately intervene with DMV and secure an expert opinion to assess the first doctors position. ... Read Answer

It looks like you are having an issue with a property damage claim. Few lawyers handle property damage claims unless they are retained to handle any attendant personal injury claim, handled on contingency fee of course. Reach out to one of us here in Florida for a review and possible retention if needed. ... Read Answer

Dear Ms. Hollin: The father would have to seek a modification of the original Court order that ratifed the agreement for the current time sharing schedule.  In order for the father to do so he will have to allege a substantial  and material change in circumstances, and that the change to timesharing is in the best interest of the child. See; Section 61.13(3) Fla. Stat. It is a relatively difficult burden to meet.  However, regardless of the differences you have with your child's father, if you think that the child spending a little more time with the father may actuallay be good for the child, you can always enter into an agreement to let him have more time.  Family law, and particularly any issue involving children, is a unique  area of law in that a person making a request may not always be legally entitled to what he or she is requesting, but  the parents may realize that, notwithstanding the law, a particular change may well be best for the child.  In such instances, the Court will ratify the change as long as the parents agree. Obviously, I know nothing about the particulars of your situation, so I just wanted you to know the options that are available.  I am sure you will ultimately do what will be best for your child. Best of luck, Cindy S. Vova Law Offices of Cindy S. Vova, P.A. Broward/Miami-Dade: 954-316-3496 Boca Raton/Palm Beach: 561-962-2785  ... Read Answer

Dear Ms. Saker: Under Florida law all property acquired during the marriage (with few exceptions) is considered marital.  Thus, even if your name is not on the deed to the property or, if the home  is rented,  and you are not on the lease, you still have a right to remain in the marital home. There are, of course, some exceptions.  If a spouse obtains a domestic violence injunction against the other spouse, the person whom the injunction is against can be removed from the residence by the local sheriff without a hearing.  However, the removed spouse has a right to a hearing to present his/her side of the case within 15 days of the date of the entry of the order. This works both ways.  I sincerely hope this is not the case, but if you are in fear of your hsuband because he has made threats against your safety, or if, again, hopefully not, he has been physically abusive towards you, then you may be able to obtain an injunction against him and have him removed from the residence. There are also time when, once a divorce is filed, a spouse can request exclusive use and possession of the home during the pendency of the divorce.  This is discretionary with the Court, but usually a Court does not grant this relief unless there are potential threats of violence, or if one party has made it wholly untenable for the parties to continue to live together. You state that you are "separated," but are you still living in the same residence? If so, I would suggest you stay put now and during the pendency of the divorce, once filed, unless any situations as described above occur. Best of luck, Cindy S. Vova Law Office of Cindy S. Vova, P.A. Broward/Miami-Dade: 954-316-3496 Boca Raton/Palm Beach: 561-962-2785  ... Read Answer

Dear Ms. Gillen: Unfortunatey, you have no legal right to the property, because, as you noted, your name was never on the deed.  You might have a claim for what is called an equitabe lien because of your contribution to property taxes for the past 7 years. An equitable lien usually involves someone engaging in egregious or fraudulent conduct, which does not seem to be the sitution you described.  On the other hand, such a lien can be imposed when there has been unjust enrichment(i.e. you've paid the taxes to benefit someone else). However, your claim was probably stronger when your boyfried died, or at least when his mother died before the sister inherited the property.   This is really a civil matter and not a family law matter, but you should at least consult with an attorney to determine if you have a claim and the value of same. It is likely that, at best, you might be able to recover some of the property taxes you paid.   Best of luck, Cindy S Vova Law Offices of Cindy S. Vova, P.A. Broward/Miami-Dade: 954-316-3496 Boca Raton/Palm Beach:  561-962-2785... Read Answer

This question ended up being categorized in construction law, and, while it touches on construction issues, the heart of the matter is homeonwers association law.  In general, if the homeowners are dissatisfied with the actions being taken by the board, they should consult with experienced Florida association counsel.  There are a number of such counsel that regularly respond to association law questions here on Lawyers.com and you can review their previous responses and reach out to them directly.  I wish you luck.... Read Answer

Dear Ms. Krapf: You are correct that there is an eight year waiting period for one to file another Chapter 7 bankruptcy.  The time runs from the date you filed for bankruptcy not the discharge date.     That you filed together with your ex- husgand and now wish to file separately should not affect the time period, but the best thing you can do is talk to an attorney who specialized in bankruptcy in case there are any exceptions to the rule. Depending on the terms of your settlement agreement or trial (if you did not settle the divorce case) there may be issues as to whether any of the debts you seek to discharge will be  actually dischargeable in the bankruptcy if your ex is still liable on them as well.  However, absent review of the settlement/final judgment, there is no way to know for sure.  You should just be aware of that and discuss it with a bankruptcy attorney and/or a family law attorney.    Best of luck, Cindy S. Vova Law Offices of Cindy S. Vova, P.A. Broward/Miami-Dade:  954-316-3496 Boca Raton/Palm Beach: 561-962-2785... Read Answer

An invitation letter will not affect the officer's decision to approve a tourist visa application. Your friend can only qualify based upon his proof of steady employment and/or property ownership that shows equity in the property. Examples would include tax returns, w2, paystubs, a property appraisal and a letter from his employer. It would additionally help if he can show 12 months of bank statements showing he has the financial cash flow strength to finance his stay while here in the US. ... Read Answer

You would have to sue the government agency who was responsible for maintaining the stop sign etc. Many lawyers do not want to get involved in litigation with sovereign entities because government agencies hardly ever settle and usually take every case to trial. But don't let this discourage you in your search. Keep looking! ... Read Answer

Dear Frank, That may be a viable theory of liability for which you should contact a Personal Injury Attorney as soon as possible to fully investigate this matter- and hopefully obtain representation. Choose an experienced professional to guide and advise you who can determine any and all responsible parties and insurance coverages, including any and all 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

 Dear Evonne: If you have a simplified divorce (sometimes called uncontested) you can likely file the case yourself, but it has to be done by both parties together. Click on the  link below, and it contains the the instructions on what you need to file a simplified divorce, as well as sends you to the forms you will need to complete.   If you still need help some firms may be willing to assist you on a limited fee or flat fee basis to help you get through the system, since it is sometimes confusing. https://www.flcourts.gov/Resources-Services/Office-of-Family-Courts/Family-Court-in-Florida/Family-Law-Forms?sort=&view=embed_custom&searchtype=form&limit=50&query=uncontested%20divorce&offset=0 Best of luck, Cindy S. Vova Law office of Cindy S. Vova, P.A. Miami-Dade/Broward   954-316-3496 Boca Raton/Palm Beach  561-962-2785... Read Answer

Dear Ms. Moody: You can check all the boxes if you are looking to obtain child suport during the pendency of the divorce proceeding.  Actually, the first several documents that you need to provide are duplicated in the area below where you would be, presumably, seeking child support after the divorce is over as well. Remember, you still need to ask the court to set a hearing to go before a judge and request support, temporary or permanent or both.   It is just that permanent relief comes at a trial...if you haven't been able to settle your case before then.   Best of luck, Cindy S. Vova Law Offices of Cindy S. Vova, P.A. Broward-Miami-Dade:  954-316-3496 Boca Raton-Palm Beach  561-962-2785... Read Answer

Dear Anonymous: If the mother now seeks to get child support through the Depratment of Revenue  or through an independent case, she can do so.  However, you state that there was never a paternity test.  You can ask for that paternity test in any case brought seeking to have you pay child support, and if there is any doubt, I suggest you do that. If you are the biological father, then the other parent seeking support can only seek retroactive support for a period of 24 months from the date of filing.  So, if you can provide proof of the payments you made during this 24 month period, they will be credited toward any support that you would owe.  If you paid more than the law requires then any overage would be applied to support going forward.  If you paid less than the law requires, then whatever the retrroactive amount (after the credit for monies paid) is, the court can order that to be repaid.  Usually, it is paid overtime, and the law permits the judge to add 20% on to your current support obligation.  So, for example, if you owe, going forward, $500 per month, the Court can add an additional $100 that would go to pay any retroactive support that might be owed.  Best of luck, Cindy S. Vova Law Offices of Cindy S. Vova, P.A. Broward-Miami-Dade: 954-316-3496 Palm Beach- Boca Raton: 561-962-2785... Read Answer

Unfortunately, as with many issues regarding construction contracts, many of the rights and remedies of the homeowner are derived from the written terms and conditions of the agreement itself, rather from any statutory or regulatory authority. In very general terms, Florida law provides for a further regulatory scheme regarding construction "defects" that may well apply to this situation.  Furthermore, Florida law does regulate the construction trade, and a failure to complete work, may, and I stress may, give rise to a claim of abandonment under Chapter 489.  If the fence contractor failed to provide the work as was promised in the contract or complete the job, there may well be claims for breach of contract.   At the end of the day, anything more than the most general of comments as to constructuction disputes requires actual review of the written agreement together an analysis of the very specific facts and whether or not claims for breach are worth pursuing.  For instance, it might be difficult to prove damages resulting from a minor deviation from specified materials that does not affect the appearance or functionality of the fence.   Given the total amount of the fence contract, it would certainly be prudent to at least consult with experienced construction law counsel in your area.  I wish you luck.... Read Answer

You will need to retain a lawyer to advise you in this regard. Absent a lawyer telling you OK - republishing alleged defamatory statements after being sued for them is rarely a good idea. Bear in mind that your subjective declaration that "its all true" and "I can back up" is not the benchmark for winning or losing in court. I would suggest you retain a defense lawyer ASAP especially if this is a Federal Court case. ... Read Answer

Unfortunately lemon law does not apply to used vehicles. Beyond that there is a financial consideration in hiring a lawyer to intervene on a $3,200.00 transaction where the cost of the lawyer could equal or exceed the value of the vehicle. You might try legal aid if you qualify to see if they might try to intervene for you. ... Read Answer