Florida Recent Legal Answers from Lawyers

Your father will have to explain as best he can the circumstances of why he could not prove his employment when the subject arises. If he has some other evidence, he can perhaps bring it with him to the immigration interview and show it if asked. It should be noted that if there was fraud or misrepresentation found in the annulment of your father’s visa by a US consular officer, your status as a US citizen son is not sufficient for him to apply for a waiver through you. An I-601 hardship waiver under those circumstances can only be made if the qualifying member is a US citizen or permanent resident parent or spouse. The passage of time may work in his favor as it is doubtful that consular records would be kept for 35 years. 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

Dear Anonymous: Although you can file for divorce in Florida, the only thing the courts in Florida can do is grant the divorce without dividing property, considering alimony or resolving any child issues if you have children.  That would mean those other issues would still be "open" and if you wish to get divorced I am sure you want to have all those issues resolved. In essence, the Florida Courts have no what is called "personal jurisdiction" over your spouse, since your spouse does not live in Florida, and (unless there are more facts) didn't live in Florida with you.  (there are certain other exceptions but too much to get into here...though probably not applicable). So, you would probably have to file  for divorce  where your wife still lives.   I would suggestyou contact an attorney in D.C. Best of luck, Cindy Vova Law Offices of Cindy S. Vova, P.A. www.vovalaw.com Broward: 954-316-3496 Boca Raton/Palm Beach:  561-925-2785... Read Answer

Your father should consider hiring an immigration lawyer to ensure his case proceeds smoothly and avoids complications. An attorney can submit a G-28 Notice of Appearance, even if the case is pending or closed, ensuring that both the lawyer and the client receive all relevant notices throughout the process.    ... Read Answer

When an offer is made and the recipient modifies any of its terms before returning it to the original offeror, such a response is considered a counteroffer rather than an acceptance. The issuance of a counteroffer effectively revokes the initial offer, preventing the original offeror from accepting the terms as originally proposed.  ... Read Answer

In the event that a buyer breaches a real estate purchase agreement prior to closing, the standard remedy is the forfeiture of the earnest money deposit. However, any forfeited sum must maintain a reasonable proportionality to the breach; otherwise, it may be deemed a penalty rather than an enforceable liquidated damages provision. Generally, an amount equivalent to approximately one percent of the property’s purchase price is considered reasonable and enforceable. Any forfeiture exceeding this threshold may be subject to legal challenge, and the seller may have grounds to pursue recovery through litigation. Retaining legal counsel is advised for specific guidance on the matter.... Read Answer

  I am sorry to hear about your mother's hospital ordeal. Your inquiry certainly merits discussion without delay. I suggest that you consult a Medical Malpractice attorney asap. The attorney will need more personal information about your mother. A Medical Malpractice attorney can explore and discuss the issues with you. There are often many stages to this inquiry. Ultimately, the answer to your question will depend upon medical expert review of all relevant records to determine whether the standard of care was breached and if that breach directly caused or contributed to your mother's medical condition. 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 by a Medical Malpractice lawyer. Better sooner rather than later. Furthermore, the Statute of Limitation for bringing a complex Medical Malpractice lawsuit is relatively short. Lore L. Gold, Esq.... Read Answer

It all depends on the terms of the contract with the property management company. In most instances PM companies are simply a conduit between the LL and the tenant for the purposes of collecting rent, relating tenant complaints etc. Rarely are they obligated to bear the expense of suing the tenants for eviction, for rent collection or to make repairs on the owner/landlords rental property. In most instances where the tenants are damaging the property, the PM is simply required to notify the LL once they are aware of it, and again depending on the contract terms that may be the end of thier responsibility. The LL would then need to retain a lawyer to sue for damages or eviction as the case may be. The other issue that needs to be addressed is when the PM is engaged to procure and screen tenants for the LL approval. There are many instances where the PM's "drop the ball" and dont vett the tenants sufficiently and allow bad tenants to move in. Again, subject to the contract terms, the PM might be liable if there was obvious evidence that the tenant was "bad" such as public record evicitons, bad credit history or criminal history. You will likely need to spend some money to have a lawyer review your contract and the details and go from there. ... Read Answer

No. That damage was done when you filed the eviction. As the eviction is public record it is generally not removed. To be clear, if you were legitimately forced to sue a relative for eviction, they brought that on themselves as they would have for any landlord forced to take such aciton. ... Read Answer

This is simply not a financially viable legal case as it will likely cost you as much or more in legal fees and expenses as the items are likely worth. Candidly, if the level of chemicals was in the water to do the damage you described from a simple swim, it should have been immediately noticed by smell, burning eyes, etc. yet you seem to describe  you were swimming in the water without issue. You might want to check with your homeowners insurance to see if there might be coverage under your personal property coverage. ... Read Answer

A civil case against the homeowner could be based on negligence, as they had a duty to provide a safe environment for guests. For example, if the other adult homeowner spouse knew or should've known about the other adults, dangerous propensities for violence, and failed to supervise the situation when your son came over as a guest, then liability could potentially attach based on lack of warning or failure to supervise. If that other adult failed to intervene or remove a dangerous individual from the property, they may have been negligent in allowing the situation to escalate. If they knew or should have known about the risk and did nothing, this strengthens the claim. Your son's serious injuries, including surgery and permanent damage, make legal action worth considering. Consulting an attorney experienced in premises liability would help assess the case. The attorneys on this website are precluded from soliciting cases of people who ask questions, so you would have to reach out to one of us after researching our backgrounds to discuss the facts in more detail.     ... Read Answer

This is a common issue. Unfortunately, after a "pump out" occurs, a properly maintained septic tank and drain field shoudl go YEARS without further issue. If there is "grease" or other improper materials found in the septic tank afterwards, most LL are going to take the position that the "proof is in pudding"  that the current tenant is causing the problem and responsible for the repairs, pump out, etc. Equally, tenants will typically deny any such conduct, even when it is undeniable that they are, simply adding to such controversies. If you expect to oppose this YOU will need to secure a septic expert to examine the system and establish that you are not the problem causing the pump outs. That will at least give you a legitimate basis to dispute the landlords accusations otherwise. By example, this may all be caused by a bad liftstation pump, that needs to be replaced by the LL. ... Read Answer

Yes. A judge has the authority to reject your claims of ownership. Just because you purchased something does not eliminate what may be deemed a legal gift or abandonment. By example, if you allowed the brother to keep the tractor at his place where he maintains it  and uses it as his own for 5 years, it might be hard to argue that its your tractor any more, if the spouse claims it was a gift. THIS is why you hire lawyers to pursue litigation cases rather than play lawyer in court on pro-se claims. While the law allows it, the poor results can be expected. ... Read Answer

Sure - you can dispute just about anything. Whether that is effective or productive all depends on the details of the issues, the costs involved, etc. Your best bet here is to simply tell the shop you don't want "rime parking" whatever that entails and want regular or the cheapest parking cost available or try to negotiate free parking, which is customary unless its a long term project and parking is a benefit to you not the shop. ... Read Answer

It looks like you caught a lucky break. A DUI can only be issued to a person that is in his car, if the keys are in the ignition. There is nothing illegal about a drunk person sitting or sleeping in his car with the ignition keys, not in the ignition lock. The reason that they let you go is that they could not find the keys and therefore you would have the case, most likely thrown out on a motion to dismiss based on state law.     ... Read Answer

      Dear Myron, I am sorry that you are having issues walking and you PCP is not helping you. Based only upon this information, it is not possible for me to answer this question other than to suggest that you consult a Medical Malpractice attorney. The attorney will need more information, and will need to consider what effect any medical error has had on what the likely outcome would have been in the absence of the error. A Medical Malpractice Attorney can explore these issues with you and review records prior to potentially sending them out for review by appropriate medical experts free of charge to you. There are often many stages to this inquiry. Ultimately, the answer to your question will depend upon medical expert review of all relevant records to determine whether the standard of care was breached and if that breach directly caused or contributed to causing you serious and permanent injuries. We give free consultations and if we take the case, it would be on a contingent fee basis. These are most often very tough cases with time constraints and pre-suit requirements. Start this process with a free consultation by a Medical Malpractice lawyer. Providing the necessary medical records may help speed up the process for the reviewing attorney. Better sooner rather than later to see if you have a viable case. Furthermore, the Statute of Limitation for bringing a complex Medical Malpractice lawsuit is relatively short. Loren L. Gold, Esq... Read Answer

You state that "there is no contract".  Let me begin by stating that a contract does not always need to be in writing for a contract to exist.  Therefore, the answer to your question depends on the circumstances.  If the band member was an employee or independent contractor then the answer to your question depends upon a lot of variables.  Finally, you may have actually unknowingly formed a partnership - under Florida law a partnership may be formed when two or more people wnter into a business transaction for profit.  So, unless you planned to form the band as just a hobby you may have a partnership on your hands and not even realize it.  Sop, if you do , whether you can replace him will depend on what the Revised uniform Partnership Act (which applies in FL) says about replacing partners.  You should probably consult a local employment and/or business/partnership lawyer to ensure you do not misstep in replacing him.... Read Answer

In Florida, property owners have a legal duty to maintain safe conditions for customers. If a customer is injured due to a hazardous condition that the owner knew or should have known about, they may be held liable for damages.  To pursue a claim, the injured party must demonstrate that the property owner was aware—either through actual or constructive notice—of a dangerous condition. The hazardous condition must not have been obvious to the injured party, and the owner must have failed to address the issue. As a result, the injured party suffered harm. If these elements are established, the injured party may be entitled to compensation through a settlement or trial verdict. For personalized legal guidance, consider reaching out to one of the professionals on this website.  ... Read Answer

Not sure what you expect to sue the shop for? If you buy a used car and parts fail on it - that is part of buying a used car. If you have the replacement parts simply go to another shop. Likely every legal option you might have would be more expensive and not necessarily resolve the issue. ... Read Answer

The landlord is plainly wrong about the 24 hour "get out" demand and whether you can remove the notice. Its a borderline issue about the 3rd party disclosure as it might be a collections violation. Its easy to "cut your nose off to spite your face" trying to play "legal games" with a landlord when you can't make rent. That said, you will not do yourself a favor trying to jailhouse lawyer your landlord when you simply can't make rent with manufactured complaints or efforts to intimidate them into letting you stay. This is commonly an issue where tenants try to find ways to sue the LL whether for, healthcode violations, "racism", consumer protection, or claiming they were hurt on the property, usually all this does is enrage the LL into making sure that you are sued for eviction and no courtesy or quarter is given. Here------- it is difficult to believe that if you are renting a room in a house with a convicted felon, that any of the information in a 3 day statutory notice, whcih seems to be what was posted, could be determined by the felon otherwise as you live in the same house. If you can't make rent, your BEST bet is to vacate the property BEFORE the LL files an eviction lawsuit, even if you can manfacture a way to stay a little longer, as its usually the existence of the lawsuit that impedes your future rental - not the removal from the property by the Sheriff. ... Read Answer

Generally, if a buyer signs a contract to purchase property from a seller, then if the buyer backs out after the inspection period expires, then the buyer forfeits the earnest money deposit that was deposited. You should review the contract with an attorney here in Florida for more specific advice.  ... Read Answer