Florida Recent Legal Answers from Lawyers

This question ended up being categorized in construction law, and, while it touches on construction issues, the heart of the matter is homeonwers association law.  In general, if the homeowners are dissatisfied with the actions being taken by the board, they should consult with experienced Florida association counsel.  There are a number of such counsel that regularly respond to association law questions here on Lawyers.com and you can review their previous responses and reach out to them directly.  I wish you luck.... Read More

Dear Ms. Krapf: You are correct that there is an eight year waiting period for one to file another Chapter 7 bankruptcy.  The time runs from the date you filed for bankruptcy not the discharge date.     That you filed together with your ex- husgand and now wish to file separately should not affect the time period, but the best thing you can do is talk to an attorney who specialized in bankruptcy in case there are any exceptions to the rule. Depending on the terms of your settlement agreement or trial (if you did not settle the divorce case) there may be issues as to whether any of the debts you seek to discharge will be  actually dischargeable in the bankruptcy if your ex is still liable on them as well.  However, absent review of the settlement/final judgment, there is no way to know for sure.  You should just be aware of that and discuss it with a bankruptcy attorney and/or a family law attorney.    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

An invitation letter will not affect the officer's decision to approve a tourist visa application. Your friend can only qualify based upon his proof of steady employment and/or property ownership that shows equity in the property. Examples would include tax returns, w2, paystubs, a property appraisal and a letter from his employer. It would additionally help if he can show 12 months of bank statements showing he has the financial cash flow strength to finance his stay while here in the US. ... Read More

You would have to sue the government agency who was responsible for maintaining the stop sign etc. Many lawyers do not want to get involved in litigation with sovereign entities because government agencies hardly ever settle and usually take every case to trial. But don't let this discourage you in your search. Keep looking! ... Read More

Dear Frank, That may be a viable theory of liability for which you should contact a Personal Injury Attorney as soon as possible to fully investigate this matter- and hopefully obtain representation. Choose an experienced professional to guide and advise you who can determine any and all responsible parties and insurance coverages, including any and all first party coverages. 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 More

 Dear Evonne: If you have a simplified divorce (sometimes called uncontested) you can likely file the case yourself, but it has to be done by both parties together. Click on the  link below, and it contains the the instructions on what you need to file a simplified divorce, as well as sends you to the forms you will need to complete.   If you still need help some firms may be willing to assist you on a limited fee or flat fee basis to help you get through the system, since it is sometimes confusing. https://www.flcourts.gov/Resources-Services/Office-of-Family-Courts/Family-Court-in-Florida/Family-Law-Forms?sort=&view=embed_custom&searchtype=form&limit=50&query=uncontested%20divorce&offset=0 Best of luck, Cindy S. Vova Law office of Cindy S. Vova, P.A. Miami-Dade/Broward   954-316-3496 Boca Raton/Palm Beach  561-962-2785... Read More

Dear Ms. Moody: You can check all the boxes if you are looking to obtain child suport during the pendency of the divorce proceeding.  Actually, the first several documents that you need to provide are duplicated in the area below where you would be, presumably, seeking child support after the divorce is over as well. Remember, you still need to ask the court to set a hearing to go before a judge and request support, temporary or permanent or both.   It is just that permanent relief comes at a trial...if you haven't been able to settle your case before then.   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 Anonymous: If the mother now seeks to get child support through the Depratment of Revenue  or through an independent case, she can do so.  However, you state that there was never a paternity test.  You can ask for that paternity test in any case brought seeking to have you pay child support, and if there is any doubt, I suggest you do that. If you are the biological father, then the other parent seeking support can only seek retroactive support for a period of 24 months from the date of filing.  So, if you can provide proof of the payments you made during this 24 month period, they will be credited toward any support that you would owe.  If you paid more than the law requires then any overage would be applied to support going forward.  If you paid less than the law requires, then whatever the retrroactive amount (after the credit for monies paid) is, the court can order that to be repaid.  Usually, it is paid overtime, and the law permits the judge to add 20% on to your current support obligation.  So, for example, if you owe, going forward, $500 per month, the Court can add an additional $100 that would go to pay any retroactive support that might be owed.  Best of luck, Cindy S. Vova Law Offices of Cindy S. Vova, P.A. Broward-Miami-Dade: 954-316-3496 Palm Beach- Boca Raton: 561-962-2785... Read More

Unfortunately, as with many issues regarding construction contracts, many of the rights and remedies of the homeowner are derived from the written terms and conditions of the agreement itself, rather from any statutory or regulatory authority. In very general terms, Florida law provides for a further regulatory scheme regarding construction "defects" that may well apply to this situation.  Furthermore, Florida law does regulate the construction trade, and a failure to complete work, may, and I stress may, give rise to a claim of abandonment under Chapter 489.  If the fence contractor failed to provide the work as was promised in the contract or complete the job, there may well be claims for breach of contract.   At the end of the day, anything more than the most general of comments as to constructuction disputes requires actual review of the written agreement together an analysis of the very specific facts and whether or not claims for breach are worth pursuing.  For instance, it might be difficult to prove damages resulting from a minor deviation from specified materials that does not affect the appearance or functionality of the fence.   Given the total amount of the fence contract, it would certainly be prudent to at least consult with experienced construction law counsel in your area.  I wish you luck.... Read More

You will need to retain a lawyer to advise you in this regard. Absent a lawyer telling you OK - republishing alleged defamatory statements after being sued for them is rarely a good idea. Bear in mind that your subjective declaration that "its all true" and "I can back up" is not the benchmark for winning or losing in court. I would suggest you retain a defense lawyer ASAP especially if this is a Federal Court case. ... Read More

Unfortunately lemon law does not apply to used vehicles. Beyond that there is a financial consideration in hiring a lawyer to intervene on a $3,200.00 transaction where the cost of the lawyer could equal or exceed the value of the vehicle. You might try legal aid if you qualify to see if they might try to intervene for you. ... Read More

This is a question for the board counsel as it depends on the details of the board charter and association rules. If this is a board run business, I would expect that there is a right to full accounting of the expenses for the business operation. Again, that would be addressed by the board counsel as to how to address that. ... Read More

If the van was titled in your name and you knew your son had it and did nothing to get it back, YES, you are most likely legally liable for what he does with the van. You should have addressed this 4 years ago, and likely reported it stolen, hired a repo agent to recover it, or at least cancelled the tags on the vehicle so it could not have been driven without law enforcement stopping him and seizing the vehicle. You will need to contact the tow yard to address payment of any balance and recvoery of the van or surrendering it to them to pay for the balance. Otherwise, they might sell it and if there is more you owe the could try to have your DL suspended here in Florida for non-payment by statute. ... Read More

You generally have the right to sue for breach of contract for any damages caused or enforcement of the lease terms. This is rarely an issue that allows termination of a tenancy under Fla. Stat. 83.56(1). Under Florida law, in most instances, air conditioning is not required for habitability and 84 degrees is not likely to be deemed a health threat by a judge. ... Read More

This is unfortunately too broad of a question to answer in a blurb. Defamation is general a statement made to third parties that is known to be false and that causes actual damage to a persons reputation. What is needed to prove this could be a wide variety of things depending on the circumstances. ... Read More

Dear Anonymous: You can file a motion with the court to have the guardian ad litem  removed from the case.  You will need to be specific as to why you believe there is a conflict of interest so the judge can review the facts.   However, from the limited information you provided, it seems that perhaps you should file a motion for contempt and/or a motion to compel your husband to comply with the Court order, as the Court can then review his violations and sanction him, or require him to give you make-up timesharing.  As the judge will ultimately decide your case it is important that the judge know that your husband is violating the Court's orders.  The guardian must look at all the facts.  Parties often feel that the guardain is biased when the guardian supports the other spouse's position.   There are probably a number of factors the guardian is considering in testifying, as you state, in "support of your husband."   But bringing a motion before the Court if you feel that you have sufficient facts is the way to go, not   filing a bar complaint. Best of luck, Cindy S. Vova Law Offices of Cindy S. Vova Broward/Miami-Dade: 954-316-3496 Boca Raton: 561-962-2785  ... Read More

Dear Ms. Bunce: As you are still married, the vehicle is the property of both parties, regardless of how it is titled.  Thus, your husband cannot legally stop you from using the vehicle.  You stated you need it for your job, which is fine, but since there is only one vehicle you both need to be cognisant of the other party's need to use the car sometimes. 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