Florida Recent Legal Answers from Lawyers

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Florida Recent Legal Answers from Lawyers
Page 2 of lawyers' answers to legal questions about Florida.

Recent Legal Answers

why can't I find a lawyer to help me with a civil case

Answered 4 months ago by attorney Stephen Arnold Black   |   1 Answer   |  Legal Topics: Personal Injury
If this happened in a home you own, it’s generally difficult to bring a negligent security claim against a third party like a landlord or property manager. Those cases require proof that the property owner knew the crime was foreseeable and failed to take reasonable security steps, a theory that usually doesn’t apply to a singleโ€‘family home you control. Your main civil claim is typically against the perpetrators, or any third party who may be legally responsible for them through an employer employee or similar agency relationship. This platform doesn’t allow attorney solicitation, but you’re free to review the profiles of the lawyers who answer here and contact one of us prto see whether your situation supports a viable civil case under Florida law.... Read More
If this happened in a home you own, it’s generally difficult to bring a negligent security claim against a third party like a landlord or... Read More

What kind of lawyer do I need

Answered 4 months ago by attorney Mark Tischhauser, Esq.   |   1 Answer   |  Legal Topics: Personal Injury
Unfortunately, none of what you described is the responsibility of the funeral home. If you were separated  and not readily available- this is one of the issues that arise that you will simply have to contend with. If you expect to address any of the issues in probate as the widowed spouse, you will likely need to retain a probate lawyer to address that ASAP. Especially if "the family" is not excited about any claims you might make to an estate if you were estranged. ... Read More
Unfortunately, none of what you described is the responsibility of the funeral home. If you were separated  and not readily available- this is... Read More
I assume you mean 2024 not 1924. That said you have no right to interact with contractors for the board. You need to spend the money to retain an associations lawyer if the board is not fixing common areas not responding to owner inquires.
I assume you mean 2024 not 1924. That said you have no right to interact with contractors for the board. You need to spend the money to retain an... Read More
This is a law enforcement issue first and foremost. I would file a complaint with local law enforcement. If they refuse to get involved, it would typically be because there are other facts you left out that complicate your claims. 
This is a law enforcement issue first and foremost. I would file a complaint with local law enforcement. If they refuse to get involved, it would... Read More

Theft

Answered 4 months ago by attorney Mark Tischhauser, Esq.   |   1 Answer   |  Legal Topics: Business Litigation
Contact him and allow him to get his items. If he was residing with you - he may still be entitled to reside there unless or until he is legally or properly removed such as with an eviction. 
Contact him and allow him to get his items. If he was residing with you - he may still be entitled to reside there unless or until he is legally or... Read More

What do I do next?

Answered 4 months ago by attorney Mark Tischhauser, Esq.   |   1 Answer   |  Legal Topics: Libel, Slander and Defamation
This is not a case most lawyers would consider, especially as a defamation case, unless it was UNDENIABLE that the allegations were completely fabricated. Just because you were found "not guilty" of a criminal charge does NOT equate to innocence nor does it avoid the "where there is smoke there is fire" aspect of public opinion in general. All you can do is simply keep contactoing lawyers until you find one that might be interested that you can afford to hire or that you satisfy yourself that its not a viable case to pursue. Understand however, that unlike a criminal trial, where you have 5th amendment privilege - you DO NOT generally have that in a civil trial postured as yours would be - which can be problematic if the defendants dig deep in to your past and internet history and might find unsavory issues or events. I point this out because people often fantacize that people being sued will not find out other details that might be embarrassing or humiliating and the scope of the civil discovery is often far greater than that in a criminal case. ... Read More
This is not a case most lawyers would consider, especially as a defamation case, unless it was UNDENIABLE that the allegations were completely... Read More
Just as a heads up - most competent and coherent lawyers will not take such cases on a contingent fee (get paid when and if you win) especially against an individual. The ability to collect on judgments is exceptionally low. Most lawyers have little interest in working for free. This is likely why the original lawyer declined to go further. ... Read More
Just as a heads up - most competent and coherent lawyers will not take such cases on a contingent fee (get paid when and if you win) especially... Read More
If you fell in a store here in Florida and the fall was caused by the negligence of the premises owner, then you can file a claim for all your personal injury damages, lost wages, and pain and suffering.  
If you fell in a store here in Florida and the fall was caused by the negligence of the premises owner, then you can file a claim for all your... Read More
  I am sorry to hear about your injury. Do not delay contacting an experienced attorney who can discuss with you in a private consultation. If this is not deemed a Workers' Compensation matter, a Personal Injury attorney can determine if there is a potentially viable liability claim. We all give free consultations and if we take the case, it would be on a contingent fee basis. Start this process with a free consultation. Better sooner rather than later. We cannot solicit you, so you will have to reach out.... Read More
  I am sorry to hear about your injury. Do not delay contacting an experienced attorney who can discuss with you in a private consultation. If... Read More
  While you still have time, you should consult an experienced Personal Injury attorney for guidance and advice before going any further. We all give free consultations and if we take the case, it would be on a contingent fee basis. However, you will have to reach out, as attorneys are unable to directly solicit.... Read More
  While you still have time, you should consult an experienced Personal Injury attorney for guidance and advice before going any further. We all... Read More
You need to contact a SSDI lawyer or one that does government program entitlement protection
You need to contact a SSDI lawyer or one that does government program entitlement protection

Is this a case? I need desperate help

Answered 5 months ago by attorney Stephen Arnold Black   |   2 Answers   |  Legal Topics: Personal Injury
You should consult with a personal injury attorney here in Florida to review all the facts of your case and explore the possibility of representation on a contingency fee basis. A contingency fee means you pay nothing unless you win. Even though video evidence does not exist, you can still pursue a claim that the other party was at fault for your injuries. Please note that lawyers on this platform are prohibited from soliciting cases, so you would need to research our backgrounds and reach out directly.     ... Read More
You should consult with a personal injury attorney here in Florida to review all the facts of your case and explore the possibility of representation... Read More

Claim out of country bank account

Answered 5 months ago by attorney Stephen Arnold Black   |   1 Answer
This email has all of the classic signs of a scam. You can follow up with it, but if they ask you to deposit any money prior to getting any settlement, you can almost guarantee this is a scam.      
This email has all of the classic signs of a scam. You can follow up with it, but if they ask you to deposit any money prior to getting any... Read More

Looking for an lawyer

Answered 5 months ago by attorney Stephen Arnold Black   |   2 Answers   |  Legal Topics: Personal Injury
You may have a claim against the person who threw the log and/or the person who owned the home where you were working that day. Homeowners insurance/Commercial policies may be a source of recovery but they would need to be reviewed. Attorneys on this platform are prohibited from soliciting cases so you would need to research our backgrounds and reach out to one of us.  Stephen Black, Esq. 407-581-2581 ... Read More
You may have a claim against the person who threw the log and/or the person who owned the home where you were working that day. Homeowners... Read More
That makes no sense. Typically a claims for legal fees has to be made to the court within 30 days fo rendition of the judgment, which means you would gave gotten some notice of the claim. That said, if there is to be a court hearing you have a right to challenge the award of legal fees, and you shoudl discuss this with the lawyer than handled your underlying case. Otherwise, if you were pro-se you will need to now spend money on damage control and what that may entail, including bankruptcy is a different discussion. ... Read More
That makes no sense. Typically a claims for legal fees has to be made to the court within 30 days fo rendition of the judgment, which means you would... Read More

Is there a statu limitations on prison injury

Answered 6 months ago by attorney Mark Tischhauser, Esq.   |   1 Answer   |  Legal Topics: Business Litigation
No idea what you are talking about. There is no legal case "with y'all" when you are posting on a legal Q&A forum nor would there be a case waiting for 20 years to settle. There is no way to find out "whats goin on" unless you are able to identify exactly which lawyer you claim was representing you and you would need to ask them, not random people on the internet. ... Read More
No idea what you are talking about. There is no legal case "with y'all" when you are posting on a legal Q&A forum nor would there be a case... Read More
You would look for a civil rights or civil trial lawyer handing defamation or malicious prosecution cases. 
You would look for a civil rights or civil trial lawyer handing defamation or malicious prosecution cases. 
If you paid the rent in full for November then the LL cannot terminate the tenancy early. Florida law doe snot recognize a prorated or per diem rent on a month to month tenancy. If you paid less than the full rent, absent written or credible evidence of an agreement for less than the full month, the landlord would be entitled to serve a 3 day notice and sue for eviction on the 4th day. Your facts seem to suggest that you did not pay rent on the 1st when due, then on the 6th claim some agreement was made to pay for the REMAINING 2 weeks, with a vacation date of the 22nd. Then, we are expected to beleive that arbitrarily the LL demanded that you vacate 3 days later on the 9th? That sounds a lot like a 3 day notice for nonpayment of rent. As to actually towing your car, the landlord is not allowed to do that unless or until you are dispossed of the property legally such as an eviction, absent you parking the vehicle illegaly or without permission. That you called the police on the landlord makes clear there is much more to this issue than related as LL/T interaction does not degrade from courtesy agreements to pro-rate your rent to police being called in a matter of days without something happening. That "something" is likely a critical factor in who is entitled or obligated to do what. ... Read More
If you paid the rent in full for November then the LL cannot terminate the tenancy early. Florida law doe snot recognize a prorated or per diem rent... Read More
You simply need to use the find a lawyer feature to locate a lawyer of your choice. Be prepared to pay an hourly rate for that review. 
You simply need to use the find a lawyer feature to locate a lawyer of your choice. Be prepared to pay an hourly rate for that review. 

How are marital assets divided in the state of Florida

Answered 6 months ago by attorney Cindy S. Vova   |   1 Answer   |  Legal Topics: Family Law
Dear Anonymous: You are 100% correct that Florida's  equitable distribution laws begin with the premise that all marital assets and liabilites are equally divided.  That said, since the property in question is owned jointly, but in another state, a Florida court could not  order that it be sold and divided Now you don't say you are planning to divorce.  But, you could  have a postnuptial agreement drafted where a) if the marriage doesn't work you could plan now as to  what would happen to the property and b) if you live "till death do you part" determine what would happen to the property upon the first to die.  For example, if you predeceased your wife you could provide that the Illinois property would be left to your wife, who could then dispose of the property as she chooses. Alternatively, the postnup could dispose of the property in another way when both of you pass that you could agree upon now. The difference with estate planning, is that the individual who creates the plan can change the plan in the future.  With a postnuptial it can only be changed if both parties agree. Before you make any decisions, it would be wise to  speak with an attorney who you could discuss all of the facts to help you make the right decision. Best of luck. Cindy S. Vova Family Law Offices of Cindy S. Vova, P.A. Broward:/Miami Dade: 954-316-3496    Boca Raton:  561-962-2785 www.vovalaw.com... Read More
Dear Anonymous: You are 100% correct that Florida's  equitable distribution laws begin with the premise that all marital assets and liabilites... Read More
If you weren’t a joint tenant on the deed and the property wasn’t held in a living trust, then title must pass through probate. The court will transfer ownership to you or to whoever is named as the beneficiary in your dad’s will—if he had one.     
If you weren’t a joint tenant on the deed and the property wasn’t held in a living trust, then title must pass through probate. The court... Read More
Hello Terry, Since you are aware that you have a Statute of Limitation issue, you should contact your present lawyer, or if you do not have one - consult with one asap. Do not delay!
Hello Terry, Since you are aware that you have a Statute of Limitation issue, you should contact your present lawyer, or if you do not have one -... Read More
If they claimed to have mailed it then you will likely need to wait a but, possibly a week or so to see if it shows up. Other than that the LL will need to re-issue the check and cancel the old check or you may need to retain a lawyer to file a lawsuit to recover the funds. 
If they claimed to have mailed it then you will likely need to wait a but, possibly a week or so to see if it shows up. Other than that the LL will... Read More

Am I in the wrong or can my neighbors take action

Answered 7 months ago by Pamela M. M. Holcombe (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Animal Law
IMHO, most of what is going on here is more issues of managing relations with your neighbors that may require practical rather than legal solutions, but there certainly are legal risks.  First, there will be some sort of city or county local ordinances on barking or nuisance dogs and/or noise ordinances, and you should familiarize yourself with them as neighbors may well make complaints to Animal Control or Code Enforcement, and there is a always the risk they could consult a civil attorney as to civil nuisance claims.  If you are renting, complaints to your landlord can easily result in the landlord deciding not to renew the lease and potentially in the landlord taking action prior to the expiration of the lease.  Finally, if you have neighbors who hate your dogs, you need to beware that if they accidentally get out, you are almost certainly going to be reported for the violation.  On the practical side of things, while you may know from the dogs conduct inside the house the dogs true temperament, all your neighbors know is that the the large dogs are of breeds that most people feel are dangerous and exhibit what the neighbors perceive as aggessive barking when both are in the back yard at the same time together.  As a practical matter, unless you are watching the dogs in the yard all the time, you have no first hand knowledge what is going on back there and if your response to neighbor's concerns is that they are lying, when they could be telling the truth, this is making things worse and not better.  If you are leaving the dogs outside for hours when you are not at home, it is always possible they are barking for longer periods.  No matter what the issue, it is always a bad thing to be involved in a hostile situation with your neighbors and it is well worth going the extra mile to keep things "neighborly" in the long run.  Possible solutions involve introducing neighbors to the dogs in a neutral situation, asking them nicely to go outside at a time when you can observe the dogs and what they are doing, even putting cameras in the yard so you can monitor dogs behavior, and finally making sure your fence is absolutely secure and there is no possibility the dogs can jump the fence.  Finally, as the owner of several Pitty/Staffy mixed breed rescue dogs, I know how sweet their natural temperaments are, but they have a terrible reputation, IMHO mostly resulting from by cruel and neglectful owners who mistreat and abandon them and/or good hearted but inexperienced folks who fail to appropriately train and socialize them with other dogs.  Good owners can be breed ambassadors by making all interactions with their dogs an opportunity for folks to see their true colors and sweet natures.  Best of luck.        ... Read More
IMHO, most of what is going on here is more issues of managing relations with your neighbors that may require practical rather than legal solutions,... Read More
I am sorry to learn of this difficult situation, however, under Florida law, the veternarian's office has an absolute obligation to provide you with your pets' medical records.  Florida Statute Section 474,2165(3)provides that "Any records owner licensed under this chapter who makes an examination of, or administers treatment or dispenses legend drugs to, any patient shall, upon request of the client or the client’s legal representative, furnish, in a timely manner, without delays for legal review, copies of all reports and records relating to such examination or treatment, including X rays. The furnishing of such report or copies shall not be conditioned upon payment of a fee for services rendered."    This means the records must be provided regardless of whether or not there is an outstnading balance due for vet services, but the vet's office may charge for the reasonable cost of producing the copies.  The full text can be found here: https://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=0400-0499/0474/Sections/0474.2165.html    Since things have apparently become heated between you and office staff, it is prudent to make the request in writing, send it via certified mail, return receipt requested, and advise of the email address for electronic copy and physical address for paper copies.  It is also possible for any new vet's office to directly request the records from the former vet.  Best of luck.... Read More
I am sorry to learn of this difficult situation, however, under Florida law, the veternarian's office has an absolute obligation to provide you with... Read More