Florida Recent Legal Answers from Lawyers

Contact a Personal Injury attorney to review all facts and circumstances-especially details regarding the dangerous condition which caused your injury before proceeding any further with the restaurant insurance rep- and hopefully obtain representation, rather than pursuing yourself. 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

In theory co-signor can sue for breach of contract or a declaratory judgment action to be released from the terms. This ALL supposes that the loan document doesn't include waivers to the co-signor for modication by the primary parties. You will likely need to retain a lawyer to review the document and then aid in deciding what to do. ... Read Answer

You will likely need to retain a lawyer to sue for their removal. You can use the find a lawyer feature for this. If you try this on your own you might make things worse and find yourself getting sued or even embroiled in a criminal case as people doing what you described are often unhinged. ... Read Answer

Possibly. Its either and insurance claim or a small claims lawsuit against the property owner. With the rebar claimed to be 2 inches over the stop - you might find some difficulty if the property owner claims YOU were negligent by pulling your car over the stop - so insurance claim is likely your best bet. ... Read Answer

You will need to retain a lawyer to review your contracts in detail. Such repairs are usually subject to a construction lien and simply declaring that the contractor abandoned the job and keeping the material is likely to be a problem. Oherwise you run the risk of a lawsuit and a foreclosure action. ... Read Answer

Dear Anonymous: Florida law requires that both parties either file a financial affidavit with Court, or, if there are no children, Florida Family Law Rule 12.285  provides that: Upon agreement of the parties and filing of a notice of joint verified waiver of filing financial affidavits, the court shall notrequire that financial affidavits be filed. In the notice, both parties must acknowledge:(A)that evidence of their current or past financial circumstances may be necessary for future court proceedings;(B)they each have provided the other with a fully executedand sworn financial affidavit in conformity with FloridaFamily Law Form12.902(b) or 12.902(c), as applicable;(C) that the responsibility to retain copies of all affidavits exchanged rests solely with the parties;(D) that the waiver only applies to the current filing and does not automatically apply to any future filings; and(E)that the waiver may be revoked by either party at anytime. If they did not comply with this rule and file the notice of waiver of affidavits as set forth above, there are certainly grounds to try and set the divorce settlement aside.  It would be best to have the actual papers reviewed by an attorney.  The law is not clear if the waiver may be revoked after there is a final judgment,  or what your mother would be seeking to modify from the final judgment, but know that a divorce may be sent aside for fraud, and there is no limitation on how long after a divorce is finalized that it can be set aside for a fraudulent financial affidavit.  It would be interesting if your father claimed he did give your mother a financial affidavit, but I guess he'd have to produce it too.  Seems there are several grounds to attack the judgment worth exploring. Best of luck, Cindy S. Vova Family Law Offices of Cindy S. Vova, P.A. Broward/Miami-Dade : 954-316-3496 Palm Beach/Boca Raton:  561-962-2785  ... Read Answer

Here are some ideas for you.  1. Draft a Comprehensive Sales Agreement Include Payment Terms: Clearly outline the amount, due dates, and method of payment. Specify the consequences of non-payment, such as interest, late fees, or legal actions. Retain a Security Interest: Include a clause stating that you retain a security interest in the business or its assets until full payment is made. File a UCC-1 Financing Statement with the Florida Department of State to publicly record your claim. 2. Use Escrow Services Hold Funds in Escrow: Have the buyer place the remaining amount in an escrow account managed by a neutral third party. Funds are released to you once the conditions of the sale (e.g., payment milestones) are met. 3. Require a Promissory Note Promissory Note Terms: This legal document obligates the buyer to pay the remaining amount on the agreed timeline. Include details like the payment schedule, interest rate, and penalties for default. Personal Guarantee: If the buyer is a corporation or LLC, request a personal guarantee from the buyer to make them personally liable for the payment. 4. Retain Ownership Rights Until Full Payment Installment Sale Agreement: Structure the deal so ownership of the business or key assets transfers only after the final payment is made. Lien on Business Assets: If ownership has already been transferred, secure a lien on the business’s assets until the full amount is paid. 5. Consult an Attorney Work with an attorney experienced in business sales to: Draft or review all sale documents. Advise on legal remedies available under Florida law in case of non-payment. 6. Additional Precautions Credit Check: Perform a background and credit check on the buyer to assess their ability to meet payment obligations. Installment Payments: Request partial payments leading up to the three-month mark rather than waiting for the full amount in one lump sum. Default Clauses: Include provisions in the agreement for repossession of the business or its assets if the buyer fails to pay. 7. Consider Insurance or a Bond Payment Bond: Require the buyer to secure a payment bond to guarantee the remaining amount. Insurance Options: Look into insurance products that protect sellers in cases of non-payment. ... Read Answer

Unless there is outright fraud, the dealership is likely correct. They are not obligated to inform buyers of accidents, but can't lie if directly asked, and a Carfax "after the fact" is of no use unless the seller provided you a fake or altered Carfax where the crash was removed. The CPO issue might be helpful if there was sufficent crash damage that it should have been revealed in thier CPO assessement. This would be an issue under Fla. Stat. 501.976.... Read Answer

You have no means to do so as an individual. Criminal prosecution is only done by the governemnt. You can file a complaint with law enforcement for them to investigate and go from there. As to suing her for "wrongful death" you would have to have evidence of that and then have standing to prosecute the claim, which is normally done by the personal representative (executor) in an estate. YOu will need to retain a lawyer to address that properly. ... Read Answer

This will all depend on the terms and conditions of the membership you signed up for. You will need to review that and cancel accordingly. You can also open a dispute with your credit card servicer and see if they will cancel the deal. It may not get you your money back, but you can also try a complaint with the Florida Attorney General.... Read Answer

You will likely need to spend the money to retain a tenant lawyer to address this. I fyou don't have the resources for that you can try legal aid. If the older son has legal authority, such as a power of attorney, to sue for your removal from the property - you will likely find yourself in a bind because "mom said I could stay" is not a legal defense unless she is competent and comes to court to testify in your favor. Assuming you are an adult, absent some exigent circumstances, the remedy here is that you will need to move out and find your own place elsewhere. You DO NOT want the sibling to actually file an eviction lawsuit, as even if you won it, you will still have an eviction on your record making renting elsewhere even more difficult. ... Read Answer

You will need to find an "animal law" lawyer to address this. Unfortunately, animal law typically holds that pets are property nor family, so this is a sisgnificant factor in the expense of hiring such lawyers which often require legal expenses and retainers in excess of the value of the animal. Try using Google or the find a lawyer featue here for that. ... Read Answer

Maybe - maybe not. While you view that you gave prior notice, the facts suggest that you pointed out specific tree and they removed the trees you pointed out. Unless you also pointed out that specific tree, it might show that neither you nor they were aware of any poor condition of the tree at issue. You would need a written opinion from a qualified arborist to take the position that they knew of the condition of the specific tree that fell and were negligent. The fact that a tree falls over in a hurricane is typically and "act of God" for no one is responsible. You might be better off making a homeowners insurance claim. ... Read Answer

Possibly but not likely. Chicken bones are notoriously soft and unlikely to do any real damage to human teeth unless the human tooth was already bad, fractured or compromised. This is why you cant feed dogs chicken as they swallow the meat bones and all because the bones are so soft, and they get stuck in thier throat causing them to choke. You can still make a claim to Tyson as the worst they can do is deny the claim. Just don't get your hopes up or plan  that they will pay for dental care. You can always seek out a personal injury lawyer to review facts and dental records to get a proper determination.... Read Answer

There is no way to answer this question without the specific details. That said there is no general prohibition against discrimintation or retaliation by the landlord unless it violates very specific limitations. You will likely need to spend the money to hire a lawyer to review the details and advise you from there. The practical issue, if you think the landlord has targeted you to force you out, is to review your lease and determine whether its more efficient to work with the LL to terminate the lease and move somewhere that you will be appreciated as a tenant.... Read Answer

Not sure how to address your issue - as you relate that you only paid HALF of your retainer fee and it sounds like you are trying to leverage yourself out of paying the other half. Whether you are entitled to a breakdown of the work and billing will depend on the details of how the lawyers were retained. You will need to reivew the details of the retainer agreement preferably with a lawyer. If you can't get it resolved, you can contact the Florida Bar ACAP program to see if it can be worked out. ... Read Answer

Based on how you present the facts, its virtually  impossible to determine what the issue is other than you are wanting them to return $2,000.00 to you because of something to do with an auto payment. You will likely need to speak directly with a lawyer to explain the issue or possbly repost the issue and explain it clear and understandable terms. If this is about an overpayment, in many instances the overpayment is simply applied as a credit to your account. If THEY took out extra money they should not have via ETF, then you might have a different issue to address. ... Read Answer

No real case here, beyond possibly a refund, of the sandwich price. The exception would be some documented infection from something Salmonella and significant hospital or medical care and expenses. If you get medical records showing such circumstances you need to address that with a personal injury lawyer. That said DO NOT go to a medical provider to "work up a case" unless you have health insurance or some other means to pay for all of those bills you incur. If you need to seek medical attention because you are seriously ill, bu all means seek out the care you need. Howver, just because you claim you ate raw chicken to 7-11 management does not mean that they will pay you any money nor accept liability to pay medical bills etc. and you don't want to get stuck with a bunch of medical bills unnecessarily. ... Read Answer

Not sure what you are trying to "win". If you got her to retract the charge without litigation, its hard to imagine "damages" you would be suing for since you already accomplished the remedy. If you have questions about your lease or its handling by the PM, you would be best off retaining a landlord/tenant lawyer to review the situation and go from there since you will have to deal with them for the duration of the lease. ... Read Answer