Florida Civil Litigation Legal Questions

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473 legal [2, *]questions have been posted about civil litigation by real users in Florida. Ask your question and dive into the knowledge of attorneys who handle your issue regularly. Similar topics to explore also include litigation, complex litigation, and complex and multi-district litigation. All topics and other states can be accessed in the dropdowns below.
Florida Civil Litigation Questions & Legal Answers - Page 16
Do you have any Florida Civil Litigation questions page 16 and need some legal advice or guidance? Ask a Lawyer to get an answer or read through our 473 previously answered Florida Civil Litigation questions.

Recent Legal Answers

How do I get my money back?

Answered 9 years and 3 months ago by Mark Theodore Tischhauser (Unclaimed Profile)   |   1 Answer
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You will have to sue and prove that she has your money as opposed to you gave them a check in thier account that was THIER money. Whether this is worth the ffort depends on how much money is at issue. 
You will have to sue and prove that she has your money as opposed to you gave them a check in thier account that was THIER money. Whether this is... Read Answer
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This is a complicated issue and will likely be expensive to litigate since she was present at a public political rally. Depending on your daughters autism and functionality this may be more a humlitation for YOU than her - bearing in mind that you have a DPOA and not a guardianship. This is going to start as a matter of cost vs. effort unless you can find someone willing to take the case for polical reasons 0 but then you run the risk of you daughter being used as a political pawn which could be worse. ... Read Answer
This is a complicated issue and will likely be expensive to litigate since she was present at a public political rally. Depending on your daughters... Read Answer

Is there a law firm around Kissimmee that will represent the Home Owners against the actual Homeowners Assoc and board members ????

Answered 9 years and 3 months ago by Mark Theodore Tischhauser (Unclaimed Profile)   |   1 Answer
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Most lawyers are not "afraid" to take on "the establishment" as long you have the money and resources to invest in doing so. If not, or you mean the lawyer should be "brave" and risk all of his legal fees and time on MAYBE getting paid simpy because you and the others claim your cause is riteous...what you will find is not fear of "taking on the man" but rather simple economics of not wanting to work for free. You really need to get with the others and pool yourmoney together to make as big a financial war chest as you can. ... Read Answer
Most lawyers are not "afraid" to take on "the establishment" as long you have the money and resources to invest in doing so. If not, or you mean the... Read Answer

I pay my auntie $60,000 for a house I have bank statements to prove that I gave her the money how can I get it back

Answered 9 years and 3 months ago by Mark Theodore Tischhauser (Unclaimed Profile)   |   1 Answer
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You won't on the facts presented. There is no "money back just cuz" legal right. 
You won't on the facts presented. There is no "money back just cuz" legal right. 
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This is just an age old battle of cedibility. First and foremost, you will know the answer if and when you are aquitted at trial or the charges are dismissed outright. Other than that  - this is an issue between you and your job to convince them about the issue and they can accept or reject what ever they want as a general rule. ... Read Answer
This is just an age old battle of cedibility. First and foremost, you will know the answer if and when you are aquitted at trial or the charges are... Read Answer
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You need to hire a family law lawyer and do so ASAP. 
You need to hire a family law lawyer and do so ASAP. 
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Of course you do! Thats what you signed up for. You don't think that person would beg you to loan them money if they had the credit score and credit worthiness to get a normal bank loan or use thier own credit to run thier business right? You should have seen this coming a mile away. No you have to decide whether you spend more money on a lawyer to sue him to try collect the money - assuming he has any left. ... Read Answer
Of course you do! Thats what you signed up for. You don't think that person would beg you to loan them money if they had the credit score and credit... Read Answer

Parked Vehicle Damaged by Adjacent Construction Site

Answered 9 years and 3 months ago by Mark Theodore Tischhauser (Unclaimed Profile)   |   1 Answer
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This is what happens why you try to self lawyer legal claims. If you had comprehensive coverage for your car - you should have started there. Now, you will have to decide whether you want to spend money out of pocket to hire a lawyer to sue the contractor for the repairs. 
This is what happens why you try to self lawyer legal claims. If you had comprehensive coverage for your car - you should have started there. Now,... Read Answer

Can I file a lawsuit against someone for taking my income tax money?

Answered 9 years and 3 months ago by Mark Theodore Tischhauser (Unclaimed Profile)   |   1 Answer
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Depends on how she took it and what all occurred. Unless it was a lot of money its likely not cost effective to sue her civlly.
Depends on how she took it and what all occurred. Unless it was a lot of money its likely not cost effective to sue her civlly.

How to have a psychologist reported / lose their licence to practice without them suing

Answered 9 years and 3 months ago by Mark Theodore Tischhauser (Unclaimed Profile)   |   1 Answer
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There is no means to retaliate against someone and then keep it a "secret" to get them in trouble and not beheld responsible for your actions, good , bad or indifferent. This type of issue is one of the reasons why you retain a lawyer to represent you in a lawsuit. 
There is no means to retaliate against someone and then keep it a "secret" to get them in trouble and not beheld responsible for your actions, good ,... Read Answer

Do I Have A Case?

Answered 9 years and 3 months ago by Mark Theodore Tischhauser (Unclaimed Profile)   |   1 Answer
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No. Educational institutions are not responsible for your past, your decision making nor your career choice. Those are your responsibilities. 
No. Educational institutions are not responsible for your past, your decision making nor your career choice. Those are your responsibilities. 

Who can receive notice of civil litigation.

Answered 9 years and 3 months ago by Mr. Guy Piers Coburn (Unclaimed Profile)   |   1 Answer
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Yes, as long as your roommate is over the age of 15, then service is valid.  Florida Statute 48.031 says,(1)(a) Service of original process is made by delivering a copy of it to the person to be served with a copy of the complaint, petition, or other initial pleading or paper or by leaving the copies at his or her usual place of abode with any person residing therein who is 15 years of age or older and informing the person of their contents. Minors who are or have been married shall be served as provided in this section.... Read Answer
Yes, as long as your roommate is over the age of 15, then service is valid.  Florida Statute 48.031 says,(1)(a) Service of original process... Read Answer

I have a Summons that my CDL school is taking me to court about non payment on my loan i need help with this case

Answered 9 years and 4 months ago by Mark Theodore Tischhauser (Unclaimed Profile)   |   1 Answer
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You simply need to retain a lawyer to handle this - though you will likely spend several thousand dollars out of pocket to do so. There is no public defender or free lawyers for civil cases. 
You simply need to retain a lawyer to handle this - though you will likely spend several thousand dollars out of pocket to do so. There is no public... Read Answer

My son received a general discharge i believe under Honorable conditions

Answered 9 years and 4 months ago by Mark Theodore Tischhauser (Unclaimed Profile)   |   1 Answer
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This will all start with a determination as how he was injured and the terms of his separation. This is typically addressed during the separation process especiallu if he has ongoin care needs. 
This will all start with a determination as how he was injured and the terms of his separation. This is typically addressed during the separation... Read Answer

Which civil attorneys will defend individual being sued due to dog bite?

Answered 9 years and 4 months ago by Mark Theodore Tischhauser (Unclaimed Profile)   |   1 Answer
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Any civil trial lawyer - typically those are apponted by homeowners insurance if there is coverage.
Any civil trial lawyer - typically those are apponted by homeowners insurance if there is coverage.
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Depending on what you said he may have that right, though truth and true opinion is always a defense. YOu may want to hire a lawyer now if you feel the lawsuit is iminent or wait until he files suit and then hire an attorney at that point to sort things out. 
Depending on what you said he may have that right, though truth and true opinion is always a defense. YOu may want to hire a lawyer now if you feel... Read Answer

Phone cloning

Answered 9 years and 4 months ago by Mark Theodore Tischhauser (Unclaimed Profile)   |   1 Answer
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YOu will likely have to hire a lawyer to address this at some out of pocket expense. 
YOu will likely have to hire a lawyer to address this at some out of pocket expense. 
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"is there anything he can do?" Nope - he CHOSE to rent out a house to others and now since he decided to play landlord has those responsibilities. You can help him find the money to hire a landlord lawyer to file for the eviction and terminate the tenancy - but thats pretty much that, as its not likely somehting that he will be able to do on his own.... Read Answer
"is there anything he can do?" Nope - he CHOSE to rent out a house to others and now since he decided to play landlord has those... Read Answer
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YOu have the right to participate in the process not to madate the result. The bottom line is that if the funds aren't there to maintian the fence they simply aren't unless the HOA uses some form of special assessment. You may need to hire a real estate lawyer familiar with association law. ... Read Answer
YOu have the right to participate in the process not to madate the result. The bottom line is that if the funds aren't there to maintian the fence... Read Answer
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First you were foolish to leave anything of value in a car out for repo in the first place and now you know why. Second, you probably need to hire a lawyer to address this bit that wil lcost you more than the RM charges, so there simply isn't a practical remedy here other than you find a means to get the money, pay the RM and THEN revisit suing the RM for bogus charges later when you have the money to do so. ... Read Answer
First you were foolish to leave anything of value in a car out for repo in the first place and now you know why. Second, you probably need to hire a... Read Answer

An insurer has offered me a lowball settlement which I refused. Can the insurer now refuse to pay me anything?

Answered 9 years and 4 months ago by Mark Theodore Tischhauser (Unclaimed Profile)   |   1 Answer
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Yes. Third party insurers are NOT obligated to settle or offer money just because a claimant wants some. Seems they have called you on the negotiation carpet and you will now have to file suit. THIS is one of the prime reasons that you should have hired a lawyer to handle the issue from the start. YOu need to hire a lawyer immediately. ... Read Answer
Yes. Third party insurers are NOT obligated to settle or offer money just because a claimant wants some. Seems they have called you on the... Read Answer

Can I sue my sons school if he was robbed by adult males in his highschool?

Answered 9 years and 4 months ago by Mark Theodore Tischhauser (Unclaimed Profile)   |   1 Answer
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Of course you should be concerned. Unfortuately this type of situation is at the heart of the current attacks on police for prevenative law enforcement where they simply hide behind soveriegn imunity, take reports and draw chalk lines. Same with with school systems. Out of fear of political incorrectness, indoctrination and "inclusion" sensitivites, teachers again take little pro-active action to remove  or challenge people causing trouble in the school. The bigger issue here is the willingness of parents  to spend the money, time and effort needed to address issues in the school system populated by apathetic beaurocrats as opposed to simply complaining about them and play vicitim card taught in the very schools you question, waiting for knight sin shining armor to correct the failings as they pointed out. Thankfully your son was not badly hurt. If you are inclined to purrsue such a case its likely a negligent security type case. Personal injury lawyers, including our firm, are the type that handle such matters. ... Read Answer
Of course you should be concerned. Unfortuately this type of situation is at the heart of the current attacks on police for prevenative law... Read Answer

I need an attorney for wage garnishment but have no money how do I get help

Answered 9 years and 4 months ago by Mark Theodore Tischhauser (Unclaimed Profile)   |   1 Answer
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Try contacting local legal aid. 
Try contacting local legal aid. 
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This is what happens when you nickel and dime a project as you describe with a shady guy on the side. UNless you want to spend money out of pocket on legal fees trying to sue him for damages or return of the item  - you sadly got what you paid for. 
This is what happens when you nickel and dime a project as you describe with a shady guy on the side. UNless you want to spend money out of pocket on... Read Answer

Can a bank for close on a house that is in an open bankrupcy

Answered 9 years and 4 months ago by Mark Theodore Tischhauser (Unclaimed Profile)   |   1 Answer
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Yes - there are MANY ways that this can happen including an untimely bankruptcy filed by a pro-se litigant to block a post judgment sale or an In Rem proceeding. . You need to address this issue with your bankruptcy lawyer. 
Yes - there are MANY ways that this can happen including an untimely bankruptcy filed by a pro-se litigant to block a post judgment sale or an In Rem... Read Answer