Florida Recent Legal Answers from Lawyers

If it happened while at the restaurant and you reported it immediately, there is certainly a claim to be made, though litigation may or may not be appropriate, depending on the details. If this was claimed to be found with take out, you can try to make a claim, but in many instances they are sumarily denied unless you can prove the roach came from there. You can always call the health department and if thier inspection reveals roach issues, that might help your claim. ... Read More

You will need to retain a lawyer to intervene on this. You can try to sue for removal but the problem is the sister has equal right to you so thats not likely to be productive. You will either need to sue the sister for damages in the form of your share of market value rent or file an action for partition of the property. ... Read More

What you are asking is a very high risk, low yield,  and exceptionally expensive legal issue, with mandamus or prohibition both being EXCEPTIONAL writs, not to mention that most legal precedent will be adverse to prohibiting the courts from hearing a lawful action because a defendant feels the case is unwarranted. That said, you also don't want to post comments in public if you are actively involved in a legal proceeding. Your best bet is to use Google to identify a number of lawyers that you think might be interested in the case and contact them directly to inquire about the details. Be prepared to pay a substantial retainer for such a case as a general rule. ... Read More

It all depends on the details and the LL position. This governed by Fla. Stat. 83.53. The bigger issue is what are the damage and whether its worth the expense to hire a tenant lawyer to intervene. As a general rule, when you borrow a property from an owner under a rental agreement, there will be multiple people that have access to your unit via a master or held key. One remedy is to install internal security cameras that would document any improper intrusion. ... Read More

Not likely but this revolves around the terms of the rental agreement. That said, the property owner would typically be the one to raise issue with them not retrieving it. The property owner would be wise to retain a lawyer to try to leverage a pick up of the item under threat of  asserting storage charges and potential sale of the shed. ... Read More

Was the person committing the slander acting in the course and scope of his employment when the defamation occurred or was this just an individual acting on his own? Reason is that if it's just a person acting in his individual capacity then it's highly unlikely that any policy of liability insurance will cover this. Homeowners insurance policies rarely cover these types of torts unless the homeowner purchases a policy rider. In contrast, business liability insurance policies almost always covers defamatory statements made by their employees. If there's no insurance to go after, you can always still sue the speaker but it will be very difficult to get a lawyer interested in your case. Discuss with counsel here in Florida for more specific advice. ... Read More

Not every financial decision requires a board meeting. The necessity for a board meeting to approve financial decisions depends on the company's governance structure, the significance of the decision, and the specific bylaws or operating agreements governing the organization. While significant financial decisions generally require board approval, day-to-day financial management is often delegated to executive officers within pre-approved limits. The specific requirements depend on the company’s governance documents and applicable laws. Boards typically reserve their involvement for strategic, high-impact financial decisions, ensuring that the company's overall direction and financial health are closely monitored... Read More

Unfortunately, as with many issues relating to construction, many of the rights, responsbililites, and remedies of the parties are derived from the terms and conditions of the writtem construction contract and manufacturer's warranty, which no attorney responding to questions on this Q&A site can read.  Most such contracts have specific provisions of where and how notice of claims is to be made and these are almost always in writing by a specified method of delivery to specific invidiuals or departments.  As a practical matter, you can carefully review the construction agreement and the warranty on the tile and make your claims formally via the specified method to both of them and include in the written notice the history of the previous attempts you have made to resolve the issue.  You may have to do some hunting on the manufacturer's website to find its warranty information if the roofing contractor has not provided you with this information.  It is always possible that making the formal demand may get a more positive response.  As with most issues relating to construction defects and disputes, it is almost always the prudent step to at least consult with experienced construction counsel in your area as this area of law is complex and compliance with presuit defect notice process under Chapter 558 of the Florida statutes would likely be required before litigation or arbitration can be filed. ... Read More

The facts presented here certainly indicate the homeowner should have serious concerns about the future performance of this contract.  Having already provided over $100,000 to the contractor, having zero work performed, and being told the contactor cannot perform due to lack of "financial backing" are facts which suggest things are likely to go very wrong indeed.  Unfortunately, this situation, as with most construction related disputes, requires a review of the actual construction contract as the terms and conditions thereof will provide a guide to many of the rights and remedies between the parties as well as applicable notice provisions.  There are likely a number of statutory provisions regarding the regulation of the contracting trade that may apply, but again, in construction disputes, these require a review of the very specific facts to provide any proper analysis. This situation merits consultation with experienced construction counsel in your local area without further delay.  Wishing you the best of luck.... Read More

Dear questioner, Unfortunately, this question ended up in the "construction law" category  (by what mystery of the algorithm I cannot say), which means it is unlikely to get answers from knowledgable family law attorneys.  Lawyers.com does allow responding attorneys (we are all volunteers) to update the category, and I have moved it to "divorce" in hopes of getting you better responses. Best of luck.... Read More

No such thing as every case is different as is every time share agreement. That said, you conflate credit issues with legal liabilities - they are not the same. You may have to sacrifice your credit, to get out of the ongoing payment obligations or financial exposures, whether from stopping payments or bankruptcy and likely spending money on lawyers to try to get you out of the agreement under a variety of arguments that might exist. "Talking to" lawyers is not the same as actually hiring one - any more than talking to an oncologist address your mole or tumor vs actually hiring one. Use thefind a lawyer feature to locate and hire a lawyer ASAP. ... Read More

While I am sorry to learn that you find yourself in these difficult financial circumstances, it is the harsh practical reality that many condo associations are facing greatly increased costs for property insurance and other costs associated with compliance with recently enacted regulations that require new or additional engineering reviews.  It may also be that reserves need to be replenished in light of upcoming major maintenance issues such as end of lifetimes of roofs or other major items of work. As to inability to make the new payment, very sadly, the association has both the ability to place a lien against the unit for unpaid assessments and then to file a suit for foreclosure of the lien which could end in you losing the unit.  It is important to know that unpaid assessments can result in additional late fees, imposition of interest and attorneys fees for atttempts at collection, and these amounts continue to increase and can quickly exceed the amount of the unpaid assesments.  This means that, in the short term, not paying will cost you a lot more, and that just staying in the condo and paying when or if you sell is not a viable long term strategy. As a practical matter, those on a fixed income, especially seniors, may be eligible for benefits of which they are not aware and could help make up the difference such as food stamps, health care, discounts on mobile phone service or cable, utilities subsidies, and further information can be found at: https://www.ncoa.org/older-adults/benefits and https://www.aarp.org/aarp-foundation/our-work/income/public-benefits-guide-senior-assistance/   Your local Council on Aging may provide a wealth of information on available resources.  Other financial options may include asking for assistance from charitible organizations or family members, taking a hard look at the budget, picking up some part time hours, or even considering a reverse mortgage.   Wishing you the very best of luck in these challenging circumstances.  ... Read More

I am very sorry to learn of the difficulties you are having with this solar installation.  Unfortunately,  questions by homeowners regarding a whole host of issues with solar providers are all too common both on these attorney Q&A sites as well as presenting to our local Legal Aid organizations.  The Florida Attorney General's office has recently taken action against several of the most disreputable solar providers and there are many that have gone out of business leaving the owners holding a defective bag. Sadly, solar installers and roofers are two separate licensed trades and issues of leaking roofs after solar installation is farily common as the installation of the solar panels may penentrate the roof's waterproof barrier and void the roofer or manufacturer's warranty.  In this case it appears there was a reroof after the solar array was installed and it is not clear which entity removed and reinstalled the solar, but it is typically the solar companies responsbility to reconnect the solar to the electric grid as this work does not fall within the scope of a roofing license. These situations are factually complex, but it would be prudent to make formal written demand for correction of the issues under the notice terms of the agreements in place with both contractors (these typically provide that notice has to be in writing, delivered by specified methods to specified individuals).  It may also be prudent to schedule an on site meeting with representatives from both entities to be present at the same time.  Another practical step is to have independent roofer/solar installers look at the issues and give you their opinions as to what needs to be done.   If you are unable to get to the bottom of these isues, consultation with experienced construction counsel in your local area may be required.  I wish you the best of luck.  ... Read More

Unfortunately, this question involves issues relating to the specific terms of the contract for representation that you have with your attorney's office.  In very general terms, it is very typical for attorneys representing clients with insurance claims to have provisions that provide that the check for the settlment proceeds to be sent to the attorneys trust account so that appropriate reconciliation of costs, fees, and allocation of distritrubutions can be made.  Typically this process  requires the funds to have cleared trust before any distribution can be made and for bookkeeper or other staff to update the disbursements for costs, billing records (if not pure continegency), and for a reconciliation to be prepared.  These "back of house" administrative tasks may require input from several different firm staff members and no attorney here on AVVO can do anything more than guess at what is going on, but it could certainly be some benign admistrative hiccup or holdup.  At this juncture, it would be appropriate for you to follow up directly with attorneys office as to the status of the matter.  ... Read More

If the bank account is a transfer on death or payable on death listing you as a beneficiary, all you need to do is to produce the death certificate and your photo ID to the bank to get the money. If the bank account isn't a joint account or does not list a beneficiary, then it's more complicated. You will have to file a will if there is one and open up a probate case. ... Read More

No way to answer that other than dental malpractice cases cost too much to pursue in expert fees vs. the financial value and in many instances have problematic complications. You will need to hire a dental expert at your expense to gather and review the records and provide an expert opinion as to malpractice. In the meantime, you have some potential statute of limitations issues under Fla. Stat. 766 and 95.11 you will need to address with a lawyer you retain ASAP. ... Read More