Florida Recent Legal Answers from Lawyers

Want a good answer? Ask a thorough question starting with "Who, What, When, How, Will I or Do I".
Then, add details. This will help you get a quicker and better answer.
Question field is required
Explanation field is required
A valid US zip code is required Validating the Zip Code.
Question type field is required
Question type field is required
1
Ask a Question

2
Details

3
Submit
1
Ask a Question

2
Submit
Fullname is required
A valid email address is required.
Receive a follow-up from lawyers after your question is answered
A valid phone number is required
Select the best time for you to receive a follow-up call from a lawyer after your question is answered. (Required field)
to
Invalid Time

*Required fields

Question
Description
By submitting your question, you understand and agree to the Terms and Conditions and Privacy Policy for use of the site. Do not include any personal information including name, email or other identifying details in your question or question details. An attorney-client relationship is not being established and you are not a prospective client of any attorney who responds to your question. No question, answer, or discussion of any kind facilitated on this site is confidential or legal advice. Questions answered are randomly selected based on general consumer interest and not all are addressed. Questions may display online and be archived by Martindale-Hubbell.
470 legal [2, *]questions have been posted about by real users in Florida. Ask your question and dive into the knowledge of attorneys who handle your issue regularly. All topics and other states can be accessed in the dropdowns below.
Florida Recent Legal Answers from Lawyers
Page 7 of lawyers' answers to legal questions about Florida.

Recent Legal Answers

What can of lawyer would I need

Answered a year and 3 months ago by Mark Tischhauser, Esq. (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Personal Injury
no photo
Civil trial lawyer. Typically your insurance carrier will appoint one for you. 
Civil trial lawyer. Typically your insurance carrier will appoint one for you. 
no photo
Dont expect any response to such a submission from law enforcement. Its useful for supporting requests for more patroling, traffic devices etc, but not ticket issuance. 
Dont expect any response to such a submission from law enforcement. Its useful for supporting requests for more patroling, traffic devices etc, but... Read Answer
Does your company have more than 15 employees in all offices that they work out of? If that is the case, then you would have grounds to bring an EEOC action and then get a right to sue letter and then file a lawsuit against the company. You should have a consultation with an attorney here in Florida about Contingency fee representation, which means you pay nothing unless you win.     ... Read Answer
Does your company have more than 15 employees in all offices that they work out of? If that is the case, then you would have grounds to bring an EEOC... Read Answer

mall management is terminating my lease

Answered a year and 3 months ago by Mark Tischhauser, Esq. (Unclaimed Profile)   |   1 Answer
no photo
This all depends on the terms and conditions of your lease. You need to retain a commercial real estate lawyer ASAP. 
This all depends on the terms and conditions of your lease. You need to retain a commercial real estate lawyer ASAP. 

Civil lawsuit att citrus county

Answered a year and 3 months ago by Mark Tischhauser, Esq. (Unclaimed Profile)   |   1 Answer
no photo
Not sure what the question is but your entitlement to recover personal itmes depends on the state of the eviction process. You need to retain a lawyer ASAP to address this before your things are junked to the curb  
Not sure what the question is but your entitlement to recover personal itmes depends on the state of the eviction process. You need to retain a... Read Answer

Stop Payment on Deposit

Answered a year and 3 months ago by attorney Ms. Jacqueline A. Salcines, Esq.   |   1 Answer   |  Legal Topics: Real Estate
Issuing a stop payment in Florida is illegal unless the check is lost.  I would suggest you speak to a real estate lawyer as soon as possible so that we can asisst you in this matter.
Issuing a stop payment in Florida is illegal unless the check is lost.  I would suggest you speak to a real estate lawyer as soon as possible so... Read Answer

lease

Answered a year and 3 months ago by Mark Tischhauser, Esq. (Unclaimed Profile)   |   1 Answer
no photo
Unfortunately, leases generally don't work that way. Your "change in circumstances" does not allow a landlord to breach a lease and remove a tenant from the property prior to the expiration of the lease. You will need to find other lodging until the lease expires and make sure that you comply with the lease and Chap. 83 as far as informing the tenant that you will not be renewing the rental. You will need to retain a landlord lawyer to address whether there are some exceptions or other circumstrances to consider. ... Read Answer
Unfortunately, leases generally don't work that way. Your "change in circumstances" does not allow a landlord to breach a lease and remove a tenant... Read Answer

If I win a case what happens?

Answered a year and 3 months ago by Mark Tischhauser, Esq. (Unclaimed Profile)   |   1 Answer
no photo
You get a pice of paper called a judgment declaring your entitlement to recover the money. THEN its up to you to use the court authority to try to collect it. If they don't have the money or enough assets you can get to, then you collect nothing. This is the concept of being judgment proof.... Read Answer
You get a pice of paper called a judgment declaring your entitlement to recover the money. THEN its up to you to use the court authority to try to... Read Answer

Can I sue the bank?

Answered a year and 3 months ago by Mark Tischhauser, Esq. (Unclaimed Profile)   |   1 Answer
no photo
Unless you are willing to spend a lot more money than the case is worth "to make a point", I don't see a viable claim here. There are no real damages, and any issue with the restaurant should easily be cleared up by getting the bank to confirm it was thier fault and to transmit the monies owed to the restaurant owner. Bear in mind - if you sue the bank over such an issue - its also likely they will ban you from future transactions as a customer and cancel your account. In some businesses this is a significant issue that needs to be considered. ... Read Answer
Unless you are willing to spend a lot more money than the case is worth "to make a point", I don't see a viable claim here. There are no real... Read Answer
OK, so if you get married in Ghana, and that is a legal marriage under that country's law, then you cannot pursue a case for a fiancé visa. A case for a fiancé visa is only permitted when the parties are not legally married. Uscis immigration will recognize a marriage as valid if that marriage where performed is valid. So if you get legally married in Ghana, then you would have to pursue a spousal visa case. If you do not get legally married in Ghana, then you would pursue a fiancé visa case. In order to pursue a fiancé visa case, you need to have physically met within two years of filing the K visa application. Once the foreign national enters the country on a fiancé visa, the couple has to get married within 90 days, and then you can sponsor him for a green card.  Statistically, the fiancé Visa cases process a  little faster than the spousal visa cases. ... Read Answer
OK, so if you get married in Ghana, and that is a legal marriage under that country's law, then you cannot pursue a case for a fiancé visa. A... Read Answer

How do I get the transmission shop to replace my car after they burned it to the ground?

Answered a year and 3 months ago by Mark Tischhauser, Esq. (Unclaimed Profile)   |   1 Answer
no photo
Book value or ACV is all you are entitled to. That value is in fact the value you can replace with a like and kind car. It is NOT what you owed on the car for financing, nor what you paid for it,  nor the value of the car "to you". The time and expense of finding a new car in a unfortunate inconvenience in life. You can try to see if they will provid a short term of rental or compensate for "loss of use." ... Read Answer
Book value or ACV is all you are entitled to. That value is in fact the value you can replace with a like and kind car. It is NOT what you owed on... Read Answer

Can being ticketed constitute an arrest?

Answered a year and 3 months ago by Mark Tischhauser, Esq. (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Libel, Slander and Defamation
no photo
It all depends on the issues. There are "tickets" that are for criminal cases denoted as a "notice to appear." By example criminal reckless driving might result in a "notice to appear" ticket rather than arrest at the scene by the officer. You may have to retain a criminal defense lawyer to sort this out. " ... Read Answer
It all depends on the issues. There are "tickets" that are for criminal cases denoted as a "notice to appear." By example criminal reckless driving... Read Answer
no photo
Possibly. The problem with such cases is those "scammers" are usually dirtbags or junkies that spend the money as fast as they scam it from thier victims, so expectations of "getting money back" are slim. That said, this is an issue you should report to law enforcement to address from a "holding them accountable" aspect. ... Read Answer
Possibly. The problem with such cases is those "scammers" are usually dirtbags or junkies that spend the money as fast as they scam it from thier... Read Answer
If you want to remarry your spouse after a divorce, that is perfectly OK. Then you would have to re-file a marriage based green card case, and those issues that you raised regarding Fraud would then be reviewed. Due to the complications involved in this case, it would be advisable for you to retain an immigration lawyer to handle the Re-filing of your case.... Read Answer
If you want to remarry your spouse after a divorce, that is perfectly OK. Then you would have to re-file a marriage based green card case, and those... Read Answer

Owner of my dog ๐Ÿ•

Answered a year and 3 months ago by Mark Tischhauser, Esq. (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Animal Law
no photo
First you will need to find out where the dog is and then go from there. If the dog was chipped then in theory therw would be record of that with BHS. The notion of "believing" without evidence or documentation is useless. Otherwise, you may want to retain a lawyer, unfortunately at some significant expense, to contact BHS and see if that gets a response as to your ownership of the animal and go from there. ... Read Answer
First you will need to find out where the dog is and then go from there. If the dog was chipped then in theory therw would be record of that with... Read Answer

Assistance on damage vehicle

Answered a year and 3 months ago by Mark Tischhauser, Esq. (Unclaimed Profile)   |   1 Answer
no photo
Not sure what the question here is. Its unlikely that an oil change would affect your steering but if there is oil dripping from the oil pan, this may or may not have been something caused by Jiffy Lube. You need to bring your car to a dealer for the make and model of the car and have them inspect it to see if there is something Jiffy Lube did to damage it and go from there. ... Read Answer
Not sure what the question here is. Its unlikely that an oil change would affect your steering but if there is oil dripping from the oil pan, this... Read Answer
Be careful, this may deemed a fraudulent conveyance. You need to hire a divorce attorney. 
Be careful, this may deemed a fraudulent conveyance. You need to hire a divorce attorney. 
The crematorium is just trying to protect themselves by making sure that the decedents last will and testament allowed for a cremation, as opposed to another form of internment like burial.   
The crematorium is just trying to protect themselves by making sure that the decedents last will and testament allowed for a cremation, as opposed to... Read Answer

I have completed hours at Cats and Dogs forever, and the manager is refusing to send my hours over by the due date. What can I do?

Answered a year and 3 months ago by Mark Tischhauser, Esq. (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Animal Law
no photo
You need to ask your PO about this immediately. They can guide you directly. 
You need to ask your PO about this immediately. They can guide you directly. 

If there is no will when my brother died but their is a notorized lady bird deed

Answered a year and 4 months ago by Mark Tischhauser, Esq. (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Libel, Slander and Defamation
no photo
That you lived there or cared for your brother is of no consequence. Upon his death, its no longer your brothers home, it is either the estates or the person identified in the LBD if its valid. Because there is an LBD and no will you will need to retain a probate lawyer to address this is immediately. ... Read Answer
That you lived there or cared for your brother is of no consequence. Upon his death, its no longer your brothers home, it is either the estates or... Read Answer

Should I obtain a lawyer?

Answered a year and 4 months ago by Mark Tischhauser, Esq. (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Insurance
no photo
Sure, but it might cost you more than the cost of the repairs to do so.  Equally, if a medical condition occurred - it might eliminate any claim of "negligence" leaving you to pay for the damages if you allowed your insurance lapse for some reason.
Sure, but it might cost you more than the cost of the repairs to do so.  Equally, if a medical condition occurred - it might eliminate any claim... Read Answer

Can a landlord do construction in the middle of a lease agreement and put my stuff in pods.

Answered a year and 4 months ago by Mark Tischhauser, Esq. (Unclaimed Profile)   |   1 Answer
no photo
Not unless the lease provides for such. You likely have the right to refuse any cosmetic upgrades until the end of the lease, where you leave. THis interefers with the warranty of habitability and reasonable use. If there are habitability repairs made, such as hurricane issues,  if they cannot be done inside of 7 days, you will need to retain a lawyer to send a "7 day letter" and then terminate the tenancy on the 8th day if the repairs are not completed. ... Read Answer
Not unless the lease provides for such. You likely have the right to refuse any cosmetic upgrades until the end of the lease, where you leave. THis... Read Answer

Notice of entry laws in Florida

Answered a year and 4 months ago by Mark Tischhauser, Esq. (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Animal Law
no photo
This is typically only an issue for people who have illegal pets and are purposefully attempting to avoid geting caught and held accountable. Hence the "notice" issues  - because offending tenants will hide the animals elsewhere for the same reason drug raids do not make an appointment with drug dealers. Your sister could confront the LL over the issue - but to what end and at what expense? Unless she intends to spend thousands of dollars in legal fees challenging the management over the issue, its not a fight to pick. That said, she may want to retain a tenant lawyer to intervene if there is an issue where the LL won't tell them whether they have checked her place yet. In the meantime, she would be well served to geta wireless security video system in her apartment to document any entry when she is not home. ... Read Answer
This is typically only an issue for people who have illegal pets and are purposefully attempting to avoid geting caught and held accountable. Hence... Read Answer

Removing name from title before registration

Answered a year and 4 months ago by Mark Tischhauser, Esq. (Unclaimed Profile)   |   1 Answer
no photo
Doesn't work that way - nor does it resolve any scam you think you might have been exposed to. YOu need to address this with a lawyer directly to figure out what the situation is and go from there. 
Doesn't work that way - nor does it resolve any scam you think you might have been exposed to. YOu need to address this with a lawyer directly to... Read Answer

I am looking for a consultation to find outw hat I can do about the situation I will describe below.

Answered a year and 4 months ago by Mark Tischhauser, Esq. (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Libel, Slander and Defamation
no photo
There is no way to assess this absent hiring a lawyer to review the details. That stated, HOA boards are essentially political organizations and typically carry a higher standard for "defamation" of "actual malice." There are also privilege issues associated with discussions within the board about the activities of other members or improprieties claimed. As to reputation issues, these revolve around the actual statements made,  to whom and how. By example, its possible that the facebook comments may be a problem for the offending board members if they are made outside of official channels, etc. You will likely need to retain a lawyer to review these issues and possibly start with a cease and desist demand, possibly board sanctions if the rules were violated, or litigation if the case circumstances support same. ... Read Answer
There is no way to assess this absent hiring a lawyer to review the details. That stated, HOA boards are essentially political organizations and... Read Answer