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 18 of lawyers' answers to legal questions about Florida.

Recent Legal Answers

This simply does not happen arbitrarily as described. If they added some one to your insurance its because someone is claiming to live at your address with you. You need to address this with your insurer - this is not a legal issue. If the person does not live with you and you have no idea who they are  - this should be easily corrected or explained. ... Read More
This simply does not happen arbitrarily as described. If they added some one to your insurance its because someone is claiming to live at your... Read More

Do I have a reasonable defense? Is this winnable?

Answered 2 years and 2 months ago by attorney Mark Tischhauser, Esq.   |   1 Answer
YOu need to hire a lawyer ASAP. You have some issues like violation of Fla. Stat. 83.67 where the LL may owe you for locking you out. As to the notion of paying 1/2 the rent while remining on the property the whole month, no one will belive that unless the person that told you that confesses to it or there is written confirmation for same. That said, the LL would have needed to have served a 3 day notice on you in December to properly allow an eviciton lawsuit. ... Read More
YOu need to hire a lawyer ASAP. You have some issues like violation of Fla. Stat. 83.67 where the LL may owe you for locking you out. As to the... Read More

How to set aside a default on a Lawsuit

Answered 2 years and 2 months ago by attorney Mark Tischhauser, Esq.   |   1 Answer
Your best bet is to hire a lawyer to handle the litigaition if the case is being mishandled from the start with a default. 
Your best bet is to hire a lawyer to handle the litigaition if the case is being mishandled from the start with a default. 

Medication

Answered 2 years and 2 months ago by attorney Loren L. Gold   |   1 Answer   |  Legal Topics: Medical Malpractice
Dear Tracy,   I am sorry to hear about this and hope your condition improves. That being said, the answer to your question can only be obtained through medical expert review of your medical records to determine whether the standard of care was breached and if that breach directly caused or contributed to causing you serious and permanent injuries. A Personal Injury/ Medical Malpractice Attorney can assist you in exploring these issues by interviewing you in depth and reviewing your medical records prior to potentially sending them out for review by the appropriate medical experts. We all give free consultations; however, you will have to reach out, as we are unable to solicit on this forum. Do not delay, as the Statute of Limitation for bringing a Medical Malpractice lawsuit is relatively short given the complexity involved in such cases. I'm happy to speak with you about this. Loren L. Gold, Esq Direct Line: 954-742-6999... Read More
Dear Tracy,   I am sorry to hear about this and hope your condition improves. That being said, the answer to your question can only be obtained... Read More
Contact the Florida Bar in Tallahassee. They will give you his contact information. 
Contact the Florida Bar in Tallahassee. They will give you his contact information. 
Reach out to any one of the thousands of attorneys in Florida who practice criminal law and provide free initial consultations. However, please know when you do that rarely if ever are criminal legal issues resolved with letters and phone calls, and law school and admission to the bar takes years and literally hundreds of thousands of dollars, so if you're looking for a $50 ten minute resolution to a violation of probation arrest warrant, you will likely be disappointed.... Read More
Reach out to any one of the thousands of attorneys in Florida who practice criminal law and provide free initial consultations. However, please know... Read More
A party to a contract has a duty to disclose any material fact to the other party when entering into the contract. Since the other party did not disclose to you the existence of a gym located on the floor beneath your unit,  That non disclosure would constitute fraud by ommision. Your remedy would be your right to sue him for rescission and be excused from further performance under the agreement. ... Read More
A party to a contract has a duty to disclose any material fact to the other party when entering into the contract. Since the other party did not... Read More

Car accident

Answered 2 years and 2 months ago by attorney Stephen Arnold Black   |   1 Answer   |  Legal Topics: Workers Compensation
Despite that it's a he said she said, you still may have a case. A lot of times, 911 calls reporting the accident can discern witnesses who may have seen the accident and called 911. This records are all taped and can be retrieved. Additionally there may be cameras from businesses near by that can also be obtained. Time is of the essence so retain counsel ASAP before said tapes are overwritten. Finally, reconstruction accident experts can be retained to determine who was at fault. Retain counsel here in Florida for contingency fee representation which means you pay nothing unless you win. ... Read More
Despite that it's a he said she said, you still may have a case. A lot of times, 911 calls reporting the accident can discern witnesses who may have... Read More

Was this a wrongful termination and do I have a case

Answered 2 years and 2 months ago by attorney Mark Tischhauser, Esq.   |   1 Answer   |  Legal Topics: Business Litigation
There is no legal case here absent a written employment contract or a union/collective bargaining agreement. Florida is an "at will" state where employers can terminate employees without cause. 
There is no legal case here absent a written employment contract or a union/collective bargaining agreement. Florida is an "at will" state where... Read More
Hiring a lawyer is absolutley necessary as you will likley have to sue the existing tenant for eviction. That is not a DIY project especially under the circumstances.
Hiring a lawyer is absolutley necessary as you will likley have to sue the existing tenant for eviction. That is not a DIY project especially under... Read More
You will need to retain a lawyer that handles ADA claims to make a reasonable accommodation request. This might entail you terminating your current lease so you can move out elsewhere to a ground level unit or one with working elevators. 
You will need to retain a lawyer that handles ADA claims to make a reasonable accommodation request. This might entail you terminating your current... Read More
Civil Trial lawyer as you will likely need to sue the DMV and the seller/owner of the vehicle if you cannot get the seller to cooperate.
Civil Trial lawyer as you will likely need to sue the DMV and the seller/owner of the vehicle if you cannot get the seller to cooperate.

Can my fiancรฉs baby momma get the parenting plan that she wants?

Answered 2 years and 2 months ago by attorney Cindy S. Vova   |   1 Answer   |  Legal Topics: Child Custody
Dear Anonymous:    Florida law changed in July, 2023 as to timehsaring between parents.  There is now a presumption that BOTH parents are entitled to 50/50 timesharing, subject to a number of factors that could persuade the court to give one parent less than 50/50 timesharing.  However, the burden of proving that a parent should not have 50/50 time with children is on the parent who is objecting to this arrangement.  In your fiance's situation, he certainly does not have to accept the child's mother's proposition for timesharing, and he can go to court and, subject to the child's mother proving otherwise, get the 50/50 timesharing he desires.   As to the alternating week schedule, that is a possibility.  Another common schedule is where the parents split the week, with one parent having Mondays and Tuesdays and the other parent having Wednesdays and Thursdays and the parties rotating the weekends from Fridays (usually after school or child care) until Monday mornings.  The Court will look at what is best for the child, including, if applicable, a parent's work schedule.  So since your finace wants 50 percent of the time with his child, then he should pursue that because the law is on his side. 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:    Florida law changed in July, 2023 as to timehsaring between parents.  There is now a presumption that BOTH parents... Read More

What are the chances you can win a settlement for a stage 4 bed sore

Answered 2 years and 2 months ago by attorney Loren L. Gold   |   1 Answer   |  Legal Topics: Social Security
      Dear Vicky, I am sorry to hear about this and hope your husband's condition improves. That being said, the answer to your question can only be obtained through medical expert review of your husband's medical records to determine whether the standard of care was breached and if that breach directly caused or contributed to causing him serious and permanent injuries. A Personal Injury/ Medical Malpractice Attorney can assist you in exploring these issues by interviewing you in depth and reviewing your medical records prior to potentially sending them out for review by the appropriate medical experts. We all give free consultations; however, you will have to reach out, as we are unable to solicit on this forum. Do not delay, as the Statute of Limitation for bringing a Medical Malpractice lawsuit is relatively short given the complexity involved in such cases. I'm happy to speak with you about this. Loren L. Gold, Esq Direct Line: 954-742-6999... Read More
      Dear Vicky, I am sorry to hear about this and hope your husband's condition improves. That being said, the answer to your... Read More

We lost our baby due the hospital saw no problem

Answered 2 years and 2 months ago by attorney Loren L. Gold   |   1 Answer   |  Legal Topics: Medical Malpractice
I am very sorry for your family's terrible loss. Based upon the information which you have offered, there may be multiple responsible parties potentially involved. I can only give you a general answer based upon the information provided. The answer to your question can only be obtained through medical expert review of your medical records to determine if and by whom the standard of care was breached and if that breach directly caused the loss of your baby. A Medical Malpractice attorney can assist you in exploring these issues by interviewing you in depth and reviewing your medical records prior to sending them out for review by the appropriate medical experts. 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. Do not delay, as the Statute of Limitation for bringing a Medical Malpractice lawsuit is relatively short given the complexity involved in such cases. I see that you are seeking an attorney and I would be happy to speak with you. Loren L Gold, Esq  Direct Phone: 954-742-6999 https://www.lorenlgoldpa.com/... Read More
I am very sorry for your family's terrible loss. Based upon the information which you have offered, there may be multiple responsible parties... Read More
It all revolves around the terms of your lease. If its power included then the LL needs to provide adequate electricity. If that requires an account in his name, then so be it. 
It all revolves around the terms of your lease. If its power included then the LL needs to provide adequate electricity. If that requires an account... Read More

can a tow truck company refuse credit cards for payment?

Answered 2 years and 2 months ago by attorney Mark Tischhauser, Esq.   |   1 Answer   |  Legal Topics: Business Litigation
There is never an entitlement to use credit cards for payment and tow services routinely refuse them to avodi "the chargeback game" where people pay with a CC, get the vehicle released and then try to cancel the payment. Whats missing from these facts WHY was your car getting towed, as this sounds more like a repo issue not a towing. If this is some attempt to describe a predatory towing incident, you may have to decide if you want to spend the money suing them if alw enforcement won't intervene. ... Read More
There is never an entitlement to use credit cards for payment and tow services routinely refuse them to avodi "the chargeback game" where people pay... Read More
Its literally impossible for you to have been sued and have a judgment recorded against your property and never learn of it until 5 days prior to a foreclosure sale, unless you intentionally avoid doing so. Thats critical because you will now have to spend a good deal of money hiring a lawyer to immediately figure out what ACTUALLY happened to see what remedies may be available, including possibly filing a bankruptcy to seek an automatic stay. Retain a real estate lawyer to address this immediately. ... Read More
Its literally impossible for you to have been sued and have a judgment recorded against your property and never learn of it until 5 days prior to a... Read More
Dear Anonymous: The short answer is no, you do not have to voluntarily consent to change your child's last name.  If the father files an action to establish paternity, (and you do not state whether this has ever been done previously) he can, at that time, request that the child's name be changed.  However, absent an agreement between the parties, if the Court permitted the name change it would be a hyphenated version, with both party's names included, and in alphabetical order. So, for example, if your last name was Jones and the father's last name was Smith, then the birth certificate would be amended to be "Jones-Smith."  Since he has been out of your child life for so long, it is questionable whether he would actuallyspend the time and money to go through the legal process for a name change, particularly since it would also, subject him to paying child support...if he is not already. 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: The short answer is no, you do not have to voluntarily consent to change your child's last name.  If the father files an action... Read More
It would affect your case insofar as the minimum level of income required for you to be the financial sponsor for three immigrants would be higher. 
It would affect your case insofar as the minimum level of income required for you to be the financial sponsor for three immigrants would be... Read More

Help

Answered 2 years and 3 months ago by attorney Stephen Arnold Black   |   2 Answers
Yes you need to provide more details. 
Yes you need to provide more details. 

What can I do?

Answered 2 years and 3 months ago by attorney Stephen Arnold Black   |   1 Answer   |  Legal Topics: Personal Injury
If the school was on actual or constructive notice that your daughter was being bullied by these students and didn't separate the bullies from your daughter, then she may have a case. You didn't specify the extent of her injuries. This is important because the value of the case would not only depend on liability but also on her damages, past and future. ... Read More
If the school was on actual or constructive notice that your daughter was being bullied by these students and didn't separate the bullies from your... Read More

Inquiry Regarding A-Number Discrepancy on EAD

Answered 2 years and 3 months ago by Nora Elizabeth Milner (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Immigration
All prior A numbers should be listed so that CIS can consolidate all applications under the same number. You do not specify the details of your case: 1) how did you get a green card previously? 2) why did you abandon it? 3) on what legal basis are you now obtaining a new work permit?  These are very important issues that you should review with a qualified immigration attorney.... Read More
All prior A numbers should be listed so that CIS can consolidate all applications under the same number. You do not specify the details of your case:... Read More

Breach of contract

Answered 2 years and 3 months ago by attorney Mark Tischhauser, Esq.   |   1 Answer   |  Legal Topics: Business Litigation
Not on those facts. This is a contract issue and starts with hiring a lawyer to review the contract. There is also a reason why the manufacturer is refusing to re-side it or that you have opted to contact a third party siding company and those facts are critical to such an assessment. You will need to retain a lawyer ASAP before you do anything further. ... Read More
Not on those facts. This is a contract issue and starts with hiring a lawyer to review the contract. There is also a reason why the manufacturer is... Read More
Not sure what the question is. This seems to be just an announcement.
Not sure what the question is. This seems to be just an announcement.