Florida Recent Legal Answers from Lawyers

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Florida Recent Legal Answers from Lawyers
Page 6 of lawyers' answers to legal questions about Florida.

Recent Legal Answers

I might be wrong  - b ut I thought the recent additions were intended for lawyers appointed by insurance carriers to defend insureds...if thats true, not sure that would negate a retention agreement for a plainitff/claimaint lawyer. You could contact the Florida Bar and ask. 
I might be wrong  - b ut I thought the recent additions were intended for lawyers appointed by insurance carriers to defend insureds...if thats... Read More
The answer is ANYTIME you enter the realm of commerce you are subject to being sued, and in a highly regulated arena like residential property rentals, the odds are greater still. 
The answer is ANYTIME you enter the realm of commerce you are subject to being sued, and in a highly regulated arena like residential property... Read More

Buying a mobile home

Answered a year ago by attorney Mark Tischhauser, Esq.   |   1 Answer
Not sure what the question is as all that is provided is complaint statement. As a starting point, if this is about the terms of purchase, that will revolve around the specific details and whether there is an enforceable contract. You will have to hire a lawyer to address that. 
Not sure what the question is as all that is provided is complaint statement. As a starting point, if this is about the terms of purchase, that will... Read More

Can I break my lease

Answered a year ago by attorney Mark Tischhauser, Esq.   |   1 Answer
Not on those facts. That you work at night or off hours is not the responsibility of others. Subjective "fears" and "anxieties" are not a basis to terminate a lease either. As to not having heat, that all depends on the details of what you are leasing and under what terms. There are different rules for trailers, apartments, and houses as to who is responsible for such things.... Read More
Not on those facts. That you work at night or off hours is not the responsibility of others. Subjective "fears" and "anxieties" are not a basis to... Read More
No way to aswer this without ALL of the details and review of the letter. If you are car is in impoud and subject to sale to pay the lein, pay whatever the amount is to get the car back THEN go back and fight over whether they cheated you....otherwise you are risking losing the vehicle if your position in not correct ... Read More
No way to aswer this without ALL of the details and review of the letter. If you are car is in impoud and subject to sale to pay the lein, pay... Read More
LIkely a general civil trial lawyer from the description.
LIkely a general civil trial lawyer from the description.
Depends on the terms and conditions of the tenancy. You likely take subject to the tenancy, and if the entire property was the subject of the tenancy - not the dwelling - the tenant is correct. This should have been addressed as part of due diligence on your part BEFORE you bought the property. ... Read More
Depends on the terms and conditions of the tenancy. You likely take subject to the tenancy, and if the entire property was the subject of the tenancy... Read More
Not sure what the question is. That said - you need to do whatever is legally needed to get that car out of the hands of the tow company beofe they sell it at auction and its a bigger mess.   
Not sure what the question is. That said - you need to do whatever is legally needed to get that car out of the hands of the tow company beofe they... Read More

Can I sue dollar tree for their cheap wine glasses?

Answered a year ago by attorney Mark Tischhauser, Esq.   |   1 Answer   |  Legal Topics: Personal Injury
Not likely on the facts presented. Not sure what quality you are expecting from "dollar tree" but the old adage of "you get what you pay for" certainly applies here. If you are using budget anything that is glass always be extra careful to minimize injury. Thankfully you only had a small injury with 3 stitches as it could have been worse. ... Read More
Not likely on the facts presented. Not sure what quality you are expecting from "dollar tree" but the old adage of "you get what you pay for"... Read More

What are my options here?

Answered a year ago by attorney Mr. Brian D. Zinn   |   1 Answer
An attorney would need to read the contract to see if there are any "loopholes" which allow a price increase for subcontractor and material costs, etc. If there are no such provisions, then yes, a failure to proceed at the agreed upon price would likely constitute a material breach. It is always wise to have an attorney represent you if a large amount of money is involved, whether it is a lawsuit or an arbitration.... Read More
An attorney would need to read the contract to see if there are any "loopholes" which allow a price increase for subcontractor and material costs,... Read More
You will simply need to keep looking until you find a lawyer to represent you. Bear in mind that in most instances you will need to pay for the legal fees "out of pocket" as few such cases are taken on a contingent fee basis for variety of reasons. That said, delivery reciepts are only useful if there is evidence of the contents of the envelope. You might consider making a cell phone video of the check, you placing it in the envelope and then sealing it with the certified mail card, etc. Otherwise, resolving this shoudl be as simple as putting a "stop payment" on the check and reissuing the check if they claim they never got it. It should be easy to determine if the check was stolen and cashed by someone else just by checking your bank account. ... Read More
You will simply need to keep looking until you find a lawyer to represent you. Bear in mind that in most instances you will need to pay for the legal... Read More
Not sure why you think you will be making a claim for anything if the crash was deemed your fault. If you have any inusrance at all this shoudl include mandatory property damage coverage to pay the other party's damages and if the crash was your fault or 51% of it, you are not entitled to recover anything from the other side and would have to rely on your own collision coverage. If you believe you can prove you were less than 51% at fault, then you simply need to plan on hiring a civil trial lawyer to represent you - but will be typically paying for the lawyer "out of pocket" at that point. ... Read More
Not sure why you think you will be making a claim for anything if the crash was deemed your fault. If you have any inusrance at all this shoudl... Read More

Libel

Answered a year and a month ago by attorney Stephen Arnold Black   |   1 Answer   |  Legal Topics: Libel, Slander and Defamation
Was the person that wrote these defamatory statements employed by the golf club? Or was this person unaffiliated and not an employee of the golf club ? 
Was the person that wrote these defamatory statements employed by the golf club? Or was this person unaffiliated and not an employee of the golf club... Read More

Data loss

Answered a year and a month ago by attorney Mark Tischhauser, Esq.   |   1 Answer
Not likely. Its simply common sense any more that if you have ANYONE perform repairs of any type on your computer that YOU are responsible for making and keeping a data back up, precisely for the this reason. Adding to this 99% of such services have waivers and exclusions related to data loss and reinforce the obligation of the customer to maintain a proper back up... Read More
Not likely. Its simply common sense any more that if you have ANYONE perform repairs of any type on your computer that YOU are responsible for making... Read More
YOu need to address this with your existing lawyers.
YOu need to address this with your existing lawyers.
Yes. He likely has an obligation, as do you, to disclose and pay premiums for all resident relatives, as they may have a right to claim under the others policy and equally have a higher propensity to drive or be in each others vehicles. 
Yes. He likely has an obligation, as do you, to disclose and pay premiums for all resident relatives, as they may have a right to claim under the... Read More

What can of lawyer would I need

Answered a year and a month ago by attorney Mark Tischhauser, Esq.   |   1 Answer   |  Legal Topics: Personal Injury
Civil trial lawyer. Typically your insurance carrier will appoint one for you. 
Civil trial lawyer. Typically your insurance carrier will appoint one for you. 
Dont expect any response to such a submission from law enforcement. Its useful for supporting requests for more patroling, traffic devices etc, but not ticket issuance. 
Dont expect any response to such a submission from law enforcement. Its useful for supporting requests for more patroling, traffic devices etc, but... Read More
Does your company have more than 15 employees in all offices that they work out of? If that is the case, then you would have grounds to bring an EEOC action and then get a right to sue letter and then file a lawsuit against the company. You should have a consultation with an attorney here in Florida about Contingency fee representation, which means you pay nothing unless you win.     ... Read More
Does your company have more than 15 employees in all offices that they work out of? If that is the case, then you would have grounds to bring an EEOC... Read More

mall management is terminating my lease

Answered a year and a month ago by attorney Mark Tischhauser, Esq.   |   1 Answer
This all depends on the terms and conditions of your lease. You need to retain a commercial real estate lawyer ASAP. 
This all depends on the terms and conditions of your lease. You need to retain a commercial real estate lawyer ASAP. 

Civil lawsuit att citrus county

Answered a year and a month ago by attorney Mark Tischhauser, Esq.   |   1 Answer
Not sure what the question is but your entitlement to recover personal itmes depends on the state of the eviction process. You need to retain a lawyer ASAP to address this before your things are junked to the curb  
Not sure what the question is but your entitlement to recover personal itmes depends on the state of the eviction process. You need to retain a... Read More

Stop Payment on Deposit

Answered a year and a month ago by attorney Ms. Jacqueline A. Salcines, Esq.   |   1 Answer   |  Legal Topics: Real Estate
Issuing a stop payment in Florida is illegal unless the check is lost.  I would suggest you speak to a real estate lawyer as soon as possible so that we can asisst you in this matter.
Issuing a stop payment in Florida is illegal unless the check is lost.  I would suggest you speak to a real estate lawyer as soon as possible so... Read More

lease

Answered a year and a month ago by attorney Mark Tischhauser, Esq.   |   1 Answer
Unfortunately, leases generally don't work that way. Your "change in circumstances" does not allow a landlord to breach a lease and remove a tenant from the property prior to the expiration of the lease. You will need to find other lodging until the lease expires and make sure that you comply with the lease and Chap. 83 as far as informing the tenant that you will not be renewing the rental. You will need to retain a landlord lawyer to address whether there are some exceptions or other circumstrances to consider. ... Read More
Unfortunately, leases generally don't work that way. Your "change in circumstances" does not allow a landlord to breach a lease and remove a tenant... Read More

If I win a case what happens?

Answered a year and a month ago by attorney Mark Tischhauser, Esq.   |   1 Answer
You get a pice of paper called a judgment declaring your entitlement to recover the money. THEN its up to you to use the court authority to try to collect it. If they don't have the money or enough assets you can get to, then you collect nothing. This is the concept of being judgment proof.... Read More
You get a pice of paper called a judgment declaring your entitlement to recover the money. THEN its up to you to use the court authority to try to... Read More

Can I sue the bank?

Answered a year and a month ago by attorney Mark Tischhauser, Esq.   |   1 Answer
Unless you are willing to spend a lot more money than the case is worth "to make a point", I don't see a viable claim here. There are no real damages, and any issue with the restaurant should easily be cleared up by getting the bank to confirm it was thier fault and to transmit the monies owed to the restaurant owner. Bear in mind - if you sue the bank over such an issue - its also likely they will ban you from future transactions as a customer and cancel your account. In some businesses this is a significant issue that needs to be considered. ... Read More
Unless you are willing to spend a lot more money than the case is worth "to make a point", I don't see a viable claim here. There are no real... Read More