Florida Recent Legal Answers from Lawyers

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473 legal 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 10 of lawyers' answers to legal questions about Florida.

Recent Legal Answers

Can I sue for any of this? (Part 1)

Answered a year and 6 months ago by attorney Mark Tischhauser, Esq.   |   1 Answer   |  Legal Topics: Medical Malpractice
Possibly, but you will not likely find a lawyer to take such a case on a contingent fee. Especially if you post is accurate and that you fell asleep a second time at the IHOP with the marker incident. It is also critical to determine WHY you are "falling asleep" at the IHOP at such a level that you are unaware of the events you describe when they occur. If this is the result of substance abuse issues, that might make any claims you might make that much more difficult to address from a variety of reasons. You should still try to runt this by any consumer or personal injury lawyers in your area to get a formal assessment of the circumstances. ... Read More
Possibly, but you will not likely find a lawyer to take such a case on a contingent fee. Especially if you post is accurate and that you fell asleep... Read More

Can I sue this computer shop and ask for compensation?

Answered a year and 6 months ago by attorney Mark Tischhauser, Esq.   |   1 Answer
Not likely, as its your responsibility to "mitigate" collateral and consequential damages and most such damages are not recoverable in a general contract sense unless they were foreseeable. There are literally dozens of options available to allow you to maintain online content. Its also depends on whether there is a legitimate reason the laptop is not repaired such a delay with sourcing a part. That said, you should demand that they either fix the laptop, provide you a concrete reason why it has not been fixed and when it will be or that you simply take the laptop back and have it fixed elsewhere. ... Read More
Not likely, as its your responsibility to "mitigate" collateral and consequential damages and most such damages are not recoverable in a general... Read More

I have been scammed for 100,000

Answered a year and 6 months ago by attorney Mark Tischhauser, Esq.   |   1 Answer
I am not sure what the question is here.  If you think you were scammed your first contact should be law enforcement and I encourage you to contact them immediately. 
I am not sure what the question is here.  If you think you were scammed your first contact should be law enforcement and I encourage you to... Read More

Timesharing with ex who drives under influence and suicidal

Answered a year and 6 months ago by attorney Mark Tischhauser, Esq.   |   1 Answer   |  Legal Topics: Personal Injury
This is a law enforcement issue on one level and something that needs to be addressed with your family law lawyer on the other hand. Obviously there is a serious issue with "timesharing" with a parent that is homeless, a substance abuser and potentially having mental issues. This is an issue the court needs to address and you should engage your family law lawyer to address this ASAP. ... Read More
This is a law enforcement issue on one level and something that needs to be addressed with your family law lawyer on the other hand. Obviously there... Read More

My name is on everything that my parents own

Answered a year and 6 months ago by attorney Mark Tischhauser, Esq.   |   1 Answer   |  Legal Topics: Automobile Accidents
As long as your name "is on" the assets of others there is always a potential exposure. You and your parents should retain an "asset protection" lawyer to review your situation to provide specific answers about exposures or ways to avoid them. 
As long as your name "is on" the assets of others there is always a potential exposure. You and your parents should retain an "asset protection"... Read More
You need to contact a litigation attorney in order to review the Contract with the HVAC Contractor and provide advice to get this resolved.
You need to contact a litigation attorney in order to review the Contract with the HVAC Contractor and provide advice to get this resolved.
In order to hold a premises owner liable for injuries on their property, you have the burden to prove that they were negligent. For example you must prove that the owner had a dangerous condition that caused the trip and fall. What was the negligence on the part of the property owner that caused you to fall? Do you have pictures of the accident site where you fell? ... Read More
In order to hold a premises owner liable for injuries on their property, you have the burden to prove that they were negligent. For example you must... Read More
Yes. You should not expect to sue anyone and expect them to treat you kindly or welcome your patronage. Whether thier action is a good idea from the defense side is another issue and depends on the basis for the lawsuit. 
Yes. You should not expect to sue anyone and expect them to treat you kindly or welcome your patronage. Whether thier action is a good idea from the... Read More

Warranty Company not honoring the Warranty

Answered a year and 6 months ago by attorney Mark Tischhauser, Esq.   |   1 Answer
You may need to hire a lawyer to sue the warranty company to replace the condensor and challege thier claim that the repairs are subject to an exclusion. You can use this service, Google or others to locate a lawyer in your area to retain. The key issue is whether a lawyer will require a pre-paid retainer or takethe case on a contingent fee. ... Read More
You may need to hire a lawyer to sue the warranty company to replace the condensor and challege thier claim that the repairs are subject to an... Read More
Unless the deisgnated parking is written in the lease, you likely have no right to it. That said, if you are legally disabled you might retain a lawyer to do an ADA reasonable accommodation demand to designate a spot for you to park at or to place ADA parking closer to your residence. YOu might seek out legal aid to assist if you are eligible. ... Read More
Unless the deisgnated parking is written in the lease, you likely have no right to it. That said, if you are legally disabled you might retain a... Read More
The problem you are likely to run into is a claim of "life threatening" anything when the alleged perp lives in another state, outside the jurisidiction of Florida law enforcement, and likely hundreds of miles away. There typically looking for "imminent danger" such as the guy on your doorstep trying to get in and waiving a gun. That he is a general "danger to society" is typically of little concern to law enforcement who will require specific and identifiable conduct that meets a specific criminal standard to get involved. You should contact local legal aid or victims advocacy groups to see if they can help you address your issues. You might also consider contacting law enforcement where the perp lives to see if they will get involved. ... Read More
The problem you are likely to run into is a claim of "life threatening" anything when the alleged perp lives in another state, outside the... Read More
Arelis: The putative father is violating the restraining order by texting you.  Do not respond to his texts anymore, and in fact, you should file a Motion to hold him in contempt for violation of the restrianing order, and attach copies of the texts he has sent. As to the paternity test, it seems you  have enought to deal with at this time without worrying about the test.  However, if  you get before the Court on the violation of injunction you can ask the Court to have him take a paternity test.  I am not aware of a lab that will come to your home and do the mouth swab for the children's DNA, but you could call around to find out. You might be able to do it this way but the two tests (dad and children) will have to be from the same lab. But again, he should not be contacting you, and you should not be responding.   Best of luck with the babies and your case, Cindy S. Vova Family Law Offices of Cindy S. Vova, P.A. Broward/Miami-Dade: 954-316-3496 Boca Raton/Palm Beach:561-962-2785... Read More
Arelis: The putative father is violating the restraining order by texting you.  Do not respond to his texts anymore, and in fact, you should... Read More

How do I get an audience with the judge

Answered a year and 6 months ago by attorney Cindy S. Vova   |   1 Answer   |  Legal Topics: Child Custody
Mr. Dossett: Sometimes judges are just backed up and sometimes things get "lost."  I am assuming that you did not have an attorney representing you at the hearing.  First you should check the on-line docket because sometimes they court's orders are filed there and it sliops throughthe cracks where it is not sent to the parties. If you do not find it there, then  I would suggest calling the judge's judicial assistant and (very nicely) explaining that your case was heard 3 months ago (give the assistant the case number and the date of the hearing) and  that, as a lay person, you were just following up to see when the assistant thought the judge would rule.    As to things that have happened since then, you will have to address that separately since the judge only took evidence and testimony up through the date of your hearing. Best of luck to you. Cindy S. Vova Family Law Offices of Cindy S. Vova, P.A. Broward/Miami-Dade: 954-316-3496 Boca Raton/Palm Beach: 561-962-2785... Read More
Mr. Dossett: Sometimes judges are just backed up and sometimes things get "lost."  I am assuming that you did not have an attorney representing... Read More

Court unable to locate our landlord/judicial default

Answered a year and 6 months ago by attorney Mark Tischhauser, Esq.   |   1 Answer   |  Legal Topics: Foreclosures
YOu will need to retain a lawyer to intervene because there is a lawsuit in which you are involved.  Otherwise you risk adverse rulings that might cost you more to address after the fact that trying to prevent them from the start. 
YOu will need to retain a lawyer to intervene because there is a lawsuit in which you are involved.  Otherwise you risk adverse rulings that... Read More

Can I sue my local restaurant for this?

Answered a year and 6 months ago by attorney Mark Tischhauser, Esq.   |   1 Answer
Yes, but the damages are questionable, as ice would not likely "burn your skin" or affect your throat and is not likely worth the effort. This also raises potentially controversial issues such as why you would "fall asleep" in a restaurant booth where pouring water on you did nothing to wake you. You can contact law enforcement if you like as this may about to a legal battery and there might be security video of the event. ... Read More
Yes, but the damages are questionable, as ice would not likely "burn your skin" or affect your throat and is not likely worth the effort. This also... Read More
NO way to tell from a one-sided internet blurb. You will likely need to retain a lawyer to review the specific details, including the allegations of the employer or complainant. That said, that "someone asked how you knew" about some medical event with an employee, suggests that you  were discussing what may have been protected information with someone else. Use the find a lawyer feature to locate a suitable lawyer in your area for that purpose. ... Read More
NO way to tell from a one-sided internet blurb. You will likely need to retain a lawyer to review the specific details, including the allegations of... Read More

Courts canโ€™t find the homeowner and I am tenant

Answered a year and 6 months ago by attorney Mark Tischhauser, Esq.   |   1 Answer
You will need to hire a lawyer to respond to the lawsuit as to your rental interest in the property. Otherwise, if you fail to file a timely response, you will be defaulted (lose) and may be subject to whatever ruling is issued by the court without futher notice and without any input on your behalf. ... Read More
You will need to hire a lawyer to respond to the lawsuit as to your rental interest in the property. Otherwise, if you fail to file a timely... Read More

What are my rights? Or what is the right thing to do

Answered a year and 7 months ago by attorney Mark Tischhauser, Esq.   |   1 Answer
Not sure what you are asking about or why. You do not indicate that you ingested the worm, that there was any injury sustained if you did, or that the worm was not a part of the food product. By example, if you order fish there are commonly various worms in fish flesh, and while most cook away or are cut out, wild caught fish, like grouper and snapper still have them, and as such would not be as problematic as opposed to finding a worm in food where one would not expect to find one such as iced cream. You indicate that they discounted the check, leaving the issue to be "what is it you are expecting or wanting from them at this point?" Are there medical bills you incurred, mental health issues hat have been caused or effected? Was the company response inadequate? If you have specific issues, such as these, you will need to address this by hiring a lawyer to review the issues and provide you specific guidance on any rights or entitlements you may have. That said, if this was some indication of overall sanitation issues, such as the worm actually being something more insidious like a maggot, you might want to consider contating the local health department and making a claim. ... Read More
Not sure what you are asking about or why. You do not indicate that you ingested the worm, that there was any injury sustained if you did, or that... Read More

Medicaid and placement

Answered a year and 7 months ago by attorney Mark Tischhauser, Esq.   |   1 Answer   |  Legal Topics: Medical Malpractice
You may want to check with legal aid to see if they can provide you some direction.
You may want to check with legal aid to see if they can provide you some direction.
I am confused. If DCF and law enforcement found no violation and no charges were filed, WHO is suing you? If its the mother, this would certainly be a case, where based on your statements, she would have a "set of stones" to actually file a lawsuit where you would have the ability to put her under oath and subpoena records related her THC use. At the same time, if you DO smoke weed or have THC products at your property, that equally applies to you. If an actual lawsuit was filed, you will need to spend the money to retain a lawyer to defend the lawsuit so that you don't end up with a bad result out of self lawyering or inadvertently botching things up. Many plaintiffs file lawsuits hoping the defendant will default so they can "win" the case. ... Read More
I am confused. If DCF and law enforcement found no violation and no charges were filed, WHO is suing you? If its the mother, this would certainly be... Read More
False pretense and forgery are very difficult and expense "defenses" to an eviction lawsuit and in most such cases inconsistent with such claims. By example, if the LL sues for eviction to recover possession of the property, arguing that the rental agreement is forged, simply reinforces that the tenant likely has no right to stay in the property, and should be evicted on demand. You will need to retain, not consult with, a lawyer ASAP as eviction cases have very strict and specific time frames for response that can result in eviciton simply because th tenant does not follow the rules. ... Read More
False pretense and forgery are very difficult and expense "defenses" to an eviction lawsuit and in most such cases inconsistent with such claims. By... Read More

Can a veterinarian be litigated for malpractice?

Answered a year and 7 months ago by attorney Mark Tischhauser, Esq.   |   1 Answer   |  Legal Topics: Animal Law
Yes, but they are not usually cost viable cases because animals are treated as chattel or personal property so there is no wrongful death claim concept and the expense of such cases are typically outweighed by the low verdict or settlement value. You should have your case reviewed by a lawyer before you proceed with any type of lawsuit. ... Read More
Yes, but they are not usually cost viable cases because animals are treated as chattel or personal property so there is no wrongful death claim... Read More
Nothing that you described should have anything to do with mold absent an active water leak. Its possible to "sue" but you would be better suited to retain a lawyer to review the contract and the circumstances BEFORE filing a lawsuit that might cost you more in the end. 
Nothing that you described should have anything to do with mold absent an active water leak. Its possible to "sue" but you would be better suited to... Read More

rental property noise upstairs neighbor

Answered a year and 7 months ago by attorney Mark Tischhauser, Esq.   |   1 Answer
This is generally an issue between you and the neighbor not the LL. There must be a substantial noise issue for the LL to be held responsible for another tenants noisiness. You need to retain a lawyer to intervene with the other tenant to minimize any confrontation issues. 
This is generally an issue between you and the neighbor not the LL. There must be a substantial noise issue for the LL to be held responsible for... Read More
Under Fla. Stat. 319, the starting point is that the ONLY ownership interest recognized in a motor vehicle is recorded title interest. That said, the owner of the vehicle listed on the title owns the vehicle regardless of who paid what. You will need to retain a lawyer to address this with the EX and possibly sue her for damages. That said, it might be more cost effective it give her the truck back if you have no legal interest in it and if you are not liable for payment to the lender. At that point it becomes her responsibility to pay the remaining payments. You can address the details with a lawyer of your choice.... Read More
Under Fla. Stat. 319, the starting point is that the ONLY ownership interest recognized in a motor vehicle is recorded title interest. That said, the... Read More