Florida Recent Legal Answers from Lawyers

This is an issue for your union rep to deal with if there is a violation of a collective bargaining agreement or some policy over which the PEA has dominion. Otherwise, by the time you spend the money to sue the PCSB, the issue will have resolved with the end of the school year, making the issue moot other than drawing attention to the issue should the student act out on the threats. ... Read More

Your medical condition preventing you from getting implants is not YOUR determination to make, but rather that of the dentist and your treating physicians otherwise. If you signed a contract, y ou are bound by the terms of the contract, unless there is some legal reason that dictates otherwise. ... Read More

Unfortunately, in most everywhere in Florida - A/C is not required by statute as a condition to rent a property. That said a verbal 45 day notice to terminate a tenancy is not proper (has to be in writing) nor is it proper when there is a lease. Same with the fence. There is no 60 day notice in Florida. You may need to retain a tenant lawyer to address this with the LL to make sure you can stay as long as you pay the rent or to negotiate termination of the tenancy so you can move elsewhere. You might want to contact legal aid to see if they will intervene. ... Read More

This is an underwriting question to be addressed by your insurance agent or finaincial planner. The obvious reasons to to have stacked coverage is UM covers only up to $500,000.00 with 2 vehicles and Umbrella UM (which I have never seen offered, as opposed to BI liability) might have different coverage provisions or benefits vs. statutory UM. As a rule insurers HATE to write UM because they are forced to provide coverage for a risk they cannot assess (other drivers) and like PIP, place them in a position where they have no "win" when a claim is made. ... Read More

There is no "pro-rated  rent" for breach of lease. Rent is paid for the month on a month by month basis. When a lease is terminated, the remaining days on that month are simply forfeit. Whether they can keep the deposit depends on compliance with Fla. Stat. 83.49 and the reasons claimed by the LL. ... Read More

Not under the facts presented as a general rule. Under 18 your mother is actually your guardian and there is no requirement for you to agree to anything. Depending on the settlement value there might have been a requirement to have a court approved settlement, again, if that occurred you would have little recourse. There are also issues to be addressed as to what you claim are "life altering" injuries. Whether you could sue your parent for some impropriety is a different issue, but unless she has the money to pay for what ever damages you might claim, it may simply be titling at windmills. It also depends on how long ago this all occurred. You merely mention you were 17 and not WHEN you were 17. You may need to hire a lawyer, liely at some expense,  to review the issues and go from there. ... Read More

There is a whole lot misisng in this situation. That said, its a solid bet you will not be getting the 3x rent before May 1 unless there is a direct court order stating otherwise. You will likely need to address this with the court and should contact legal aid to address any further issues or retain a private lawyer to address the issues with the court. ... Read More

No. You were not a party to the action, unless you were the estate PR, and the lawyer is not required to provide you any records, especially from 20 years ago, assuming they actually had them. You would need to get them from the PR for the estate, assuming there is no confidentiality provisions, again that assumes anyone evem has such records 20 years later. ... Read More

Fla. Stat. 83.56 and 83.51 address the water issue. In most instances, you are entitled to abate the rent or terminate the tenancy - but not to have a landlord pay for your hotel stay. Especially since is hard to claim that no running water due to a plumbing issue results in you needing to stay in a hotel. The landlord will point out that you could just have easily stayed in the apartment and used bottled water until the repairs are made. Especially over a 48 hour period. ... Read More

Did the firm you hired file a lawsuit? If they did not, then you should speak with another attorney about possible substitution of counsel. In some cases, Insurance companies don't really take a law firm seriously UNLESS they file a lawsuit. Most lawyers just want to "settle" cases on the phone without doing the hard work of filing suit, doing discovery, hiring expert witnesses and spending time and their "own" expense litigating the case to trial. They just want to "negotiate" with a non lawyer insurance adjuster. Do you see the big difference? Reach out to one of us to discuss. If a law firm withdraws from the case they by law don't have a charging lien on the file, so you have nothing to lose by getting a second opinion. Cases involving injuries that occurred prior to Spring 2023 are subject to the old statute of limitations of 4 years. Cases involving injuries that occurred after Spring 2023 are subject to the new 2 year statute of limitations. ... Read More

Not sure what your question actually is. Absent a medically documented injury, this not a viable legal claim. Being "sick to your core" without documentation is of little consequence. If you want to know what the substance is, you can retain a forensic testing company at your expense to test the item, though it may cost you several thousand dollars to secure an expert answer. ... Read More

This is not a medical mal case as described. You simply have a doctor with an opinion you disagree with. You will need to find the means to secure an opinion supporting your view or possibly spend the money to retain a lawyer to immmediately intervene with DMV and secure an expert opinion to assess the first doctors position. ... Read More

It looks like you are having an issue with a property damage claim. Few lawyers handle property damage claims unless they are retained to handle any attendant personal injury claim, handled on contingency fee of course. Reach out to one of us here in Florida for a review and possible retention if needed. ... Read More

Dear Ms. Hollin: The father would have to seek a modification of the original Court order that ratifed the agreement for the current time sharing schedule.  In order for the father to do so he will have to allege a substantial  and material change in circumstances, and that the change to timesharing is in the best interest of the child. See; Section 61.13(3) Fla. Stat. It is a relatively difficult burden to meet.  However, regardless of the differences you have with your child's father, if you think that the child spending a little more time with the father may actuallay be good for the child, you can always enter into an agreement to let him have more time.  Family law, and particularly any issue involving children, is a unique  area of law in that a person making a request may not always be legally entitled to what he or she is requesting, but  the parents may realize that, notwithstanding the law, a particular change may well be best for the child.  In such instances, the Court will ratify the change as long as the parents agree. Obviously, I know nothing about the particulars of your situation, so I just wanted you to know the options that are available.  I am sure you will ultimately do what will be best for your child. Best of luck, Cindy S. Vova Law Offices of Cindy S. Vova, P.A. Broward/Miami-Dade: 954-316-3496 Boca Raton/Palm Beach: 561-962-2785  ... Read More

Dear Ms. Saker: Under Florida law all property acquired during the marriage (with few exceptions) is considered marital.  Thus, even if your name is not on the deed to the property or, if the home  is rented,  and you are not on the lease, you still have a right to remain in the marital home. There are, of course, some exceptions.  If a spouse obtains a domestic violence injunction against the other spouse, the person whom the injunction is against can be removed from the residence by the local sheriff without a hearing.  However, the removed spouse has a right to a hearing to present his/her side of the case within 15 days of the date of the entry of the order. This works both ways.  I sincerely hope this is not the case, but if you are in fear of your hsuband because he has made threats against your safety, or if, again, hopefully not, he has been physically abusive towards you, then you may be able to obtain an injunction against him and have him removed from the residence. There are also time when, once a divorce is filed, a spouse can request exclusive use and possession of the home during the pendency of the divorce.  This is discretionary with the Court, but usually a Court does not grant this relief unless there are potential threats of violence, or if one party has made it wholly untenable for the parties to continue to live together. You state that you are "separated," but are you still living in the same residence? If so, I would suggest you stay put now and during the pendency of the divorce, once filed, unless any situations as described above occur. Best of luck, Cindy S. Vova Law Office of Cindy S. Vova, P.A. Broward/Miami-Dade: 954-316-3496 Boca Raton/Palm Beach: 561-962-2785  ... Read More

Dear Ms. Gillen: Unfortunatey, you have no legal right to the property, because, as you noted, your name was never on the deed.  You might have a claim for what is called an equitabe lien because of your contribution to property taxes for the past 7 years. An equitable lien usually involves someone engaging in egregious or fraudulent conduct, which does not seem to be the sitution you described.  On the other hand, such a lien can be imposed when there has been unjust enrichment(i.e. you've paid the taxes to benefit someone else). However, your claim was probably stronger when your boyfried died, or at least when his mother died before the sister inherited the property.   This is really a civil matter and not a family law matter, but you should at least consult with an attorney to determine if you have a claim and the value of same. It is likely that, at best, you might be able to recover some of the property taxes you paid.   Best of luck, Cindy S Vova Law Offices of Cindy S. Vova, P.A. Broward/Miami-Dade: 954-316-3496 Boca Raton/Palm Beach:  561-962-2785... Read More