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 2
Do you have any Florida Civil Litigation questions page 2 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

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I am sorry to learn of this unfortunate situation.  While you may be ultimately liabile if your neighbor were to sue you, hopefully the pool contractor you engaged is properly licensed and insured.  Typically contractors carry General Commercial Liability insurance which is designed to cover personal injuries or property damage resulting from their activities.  As a practical matter, if pool contractor does not make things right, getting neighbor pool contractor's insurance information and to allow neighbor to make an insurance claim would be the first step in this process rather than neighbor suing you.  I wish you luck with this situation. ... Read Answer
I am sorry to learn of this unfortunate situation.  While you may be ultimately liabile if your neighbor were to sue you, hopefully the pool... Read Answer

What could happen

Answered 5 years and 4 months ago by Mark Theodore Tischhauser (Unclaimed Profile)   |   1 Answer
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You claim you hired a lawyer to defend you. Thats who you need to ask these questions of. 
You claim you hired a lawyer to defend you. Thats who you need to ask these questions of. 
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You can start with hiring a lawyer to send a cease and desist letter and go from there. 
You can start with hiring a lawyer to send a cease and desist letter and go from there. 

claim denied

Answered 5 years and 4 months ago by Mark Theodore Tischhauser (Unclaimed Profile)   |   1 Answer
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Other than trying to file criminal charges, not likely anything effective. 
Other than trying to file criminal charges, not likely anything effective. 

Need to know what type of lawyer to speak to

Answered 5 years and 4 months ago by Mark Theodore Tischhauser (Unclaimed Profile)   |   1 Answer
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You need a general civil trial lawyer. We handle such cases. You can call our office at 813-243-9233. The issue of fraud is not likely to be useful if there is a 12 year old judgment but the enforcement still needs ot be addresed. 
You need a general civil trial lawyer. We handle such cases. You can call our office at 813-243-9233. The issue of fraud is not likely to be useful... Read Answer

What are the rules for Post Judgment Interest on Attorneyโ€™s Fees?

Answered 5 years and 4 months ago by Mark Theodore Tischhauser (Unclaimed Profile)   |   1 Answer
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Its a fair bet the order did NOT say that, as judgments are due when they are entered. The interest will likely start runnng from the initial entry date of the judgment. If you have all these questions, its time to retain a family law lawyer to address this situation with you to make sure you are making the correct decisions.  ... Read Answer
Its a fair bet the order did NOT say that, as judgments are due when they are entered. The interest will likely start runnng from the initial entry... Read Answer

Need a free consultation pertaining to a judgment that was rendered towards me.

Answered 5 years and 5 months ago by Mark Theodore Tischhauser (Unclaimed Profile)   |   1 Answer
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You will need to retain a lawyer to review the details and go from there. This can't be addressed in an internet blurb. 
You will need to retain a lawyer to review the details and go from there. This can't be addressed in an internet blurb. 

Do i have to return a gift

Answered 5 years and 5 months ago by Mark Theodore Tischhauser (Unclaimed Profile)   |   1 Answer
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Not if you can prove it was a gift.
Not if you can prove it was a gift.

Can they really evict us for not paying rent or do i have some ground for standing?

Answered 5 years and 5 months ago by Mark Theodore Tischhauser (Unclaimed Profile)   |   2 Answers
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Not sue what you are trying to accomplish. The remedy if the LL wont do repairs, per Fla. Stat. 83.56 is to terminate the tenancy and move. You say they have agreed to that. As to not paying rent, andy refusal to pay rent when due invites an eviction and can relieve the LL of the obligation to make repairs. ... Read Answer
Not sue what you are trying to accomplish. The remedy if the LL wont do repairs, per Fla. Stat. 83.56 is to terminate the tenancy and move. You say... Read Answer
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You will need to hire an HOA lawyer to address this. This is not an internet blurb issue. 
You will need to hire an HOA lawyer to address this. This is not an internet blurb issue. 

What kind of attorney do we need?

Answered 5 years and 5 months ago by Mark Theodore Tischhauser (Unclaimed Profile)   |   2 Answers
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You would need a "tenant lawyer" that handles landlord tenant cases from the tenant side. We are few and far between, we handle such cases. If you would like you can call our office at 813-243-9233. 
You would need a "tenant lawyer" that handles landlord tenant cases from the tenant side. We are few and far between, we handle such cases. If you... Read Answer

BI settlement release

Answered 5 years and 5 months ago by Mark Theodore Tischhauser (Unclaimed Profile)   |   2 Answers
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That is always the risk you take. If there is some fraud involved, there might be remedy but you would have a huge amount of legal work needed to address that meaning you would have to have substantial injuries to justify the legal effort. Bear in mind you have to have permission from your UM carrier to settle the case, because THEY waive thier rights to collect from the at fault parties collectively if they say yes, so they have a vested interest in finding that coverage also. If you are trully worried about it, you can get your own or ask your lawyer to do an independent asset investigation, but understand if it turns up nothing, you simply end up paying more out of your settlement costs. ... Read Answer
That is always the risk you take. If there is some fraud involved, there might be remedy but you would have a huge amount of legal work needed to... Read Answer
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If its that big of an issue, you can retain your own pest service to provide an opinion and options or to fix the issue if possible. You can also spend money on hiring a lawyer to address the pest control issue if they document your complaint and have a recommendec course. 
If its that big of an issue, you can retain your own pest service to provide an opinion and options or to fix the issue if possible. You can also... Read Answer

bout money

Answered 5 years and 5 months ago by attorney Bruce Robins   |   1 Answer
You would sue your ex-friend in small claims court for breach of contract.
You would sue your ex-friend in small claims court for breach of contract.

Can an assignee sue in Florida small claims court?

Answered 5 years and 5 months ago by Mark Theodore Tischhauser (Unclaimed Profile)   |   1 Answer
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Yes. Thats the entire purpose of an assignment. 
Yes. Thats the entire purpose of an assignment. 

How do I get my sister in law out of our extra home. No lease and my wife doesnโ€™t agree on making her leave.

Answered 5 years and 5 months ago by Mark Theodore Tischhauser (Unclaimed Profile)   |   1 Answer
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You don't if your wife oens the home too, you have no means to over ride her letting the sister stay, short of divorce proceedings.
You don't if your wife oens the home too, you have no means to over ride her letting the sister stay, short of divorce proceedings.

What can I do to get my stolen Annuities back?

Answered 5 years and 6 months ago by Mark Theodore Tischhauser (Unclaimed Profile)   |   1 Answer
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You need to get past believing and get to knowing. Otherwise there is no way to respond to the question. You will be spending money on a lawyer to find out so you might as well be sure its well spent. 
You need to get past believing and get to knowing. Otherwise there is no way to respond to the question. You will be spending money on a lawyer... Read Answer

Travel agency

Answered 5 years and 6 months ago by Mark Theodore Tischhauser (Unclaimed Profile)   |   1 Answer
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This post is confusing as to what actually happened. Bottom line is you will need to retain a lawyer to intervene to address this it seems. 
This post is confusing as to what actually happened. Bottom line is you will need to retain a lawyer to intervene to address this it seems. 

Can a lawyer help me get my title from previous owner?

Answered 5 years and 7 months ago by Mark Theodore Tischhauser (Unclaimed Profile)   |   1 Answer
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Cheaper to pay him the money he asks, unless its crazy money, because you ae imposing on him for your problem. Otherwise you will spend thousands on a lawyer to sort it out. 
Cheaper to pay him the money he asks, unless its crazy money, because you ae imposing on him for your problem. Otherwise you will spend thousands on... Read Answer

Need representation

Answered 5 years and 7 months ago by Mark Theodore Tischhauser (Unclaimed Profile)   |   3 Answers
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You need to get with a personal injury lawyer ASAP to establish an "estate" as there may be a claim for your mother death against the other driver. There will need to be a personal representative appointed that can actually hire a lawyer, and that might be you or someone elese if there is a will. Equally your sister may have a similar claim which she can pursue for her injuries. With the crash happeing just over a year ago, its possible that an actual lawsuit has not been filed, but rather an insurance claim made, and that might make a huge difference in how this is addressed. You can call our office at 1-800-922-6442 if you have further questions. ... Read Answer
You need to get with a personal injury lawyer ASAP to establish an "estate" as there may be a claim for your mother death against the other driver.... Read Answer

real estate fraud in michigan

Answered 5 years and 7 months ago by Mark Theodore Tischhauser (Unclaimed Profile)   |   1 Answer
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You will need to retain a Michigan lawyer to address this as it seems this is viewed as a fraudulent transfer. 
You will need to retain a Michigan lawyer to address this as it seems this is viewed as a fraudulent transfer. 

Can my ex file a civil theft case against me for a co-owned car?

Answered 5 years and 7 months ago by Mark Theodore Tischhauser (Unclaimed Profile)   |   1 Answer
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This all revolves around who paid for the vehicle and who invested what it in it. Its unlikely a civil theft issue exists BUT she can still sue for money damages and equally can come take the vehicle as its equally hers and you are denying her equal use of the vehicle. You will likely need to retain a lawyer to sort all this out properly before it escalates further. ... Read Answer
This all revolves around who paid for the vehicle and who invested what it in it. Its unlikely a civil theft issue exists BUT she can still sue for... Read Answer

Can I sue a walk in tub installation company?

Answered 5 years and 7 months ago by Mark Theodore Tischhauser (Unclaimed Profile)   |   1 Answer
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but you signed a release and thats a problem. You will need to have a lawyer review the release which will likely cost you more than the $250.00 you got paid. You should have consulted with a lawyer before you signed any release. 
but you signed a release and thats a problem. You will need to have a lawyer review the release which will likely cost you more than the $250.00 you... Read Answer

neighbor is harrasing my grand kids....everytime they ride their drift carts he films them and yells that they"re illegal.

Answered 5 years and 7 months ago by Mark Theodore Tischhauser (Unclaimed Profile)   |   1 Answer
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Sure. A cease and desist letter is a common starting place for such issues. 
Sure. A cease and desist letter is a common starting place for such issues. 

Walmart is good at hiding video surveillance tapes unfavorable to them. What do you do when no attorney want to do walmart cases?

Answered 5 years and 8 months ago by Mark Theodore Tischhauser (Unclaimed Profile)   |   1 Answer
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Your proposed motion makes no sense. Thats a clear indication you are in over your head in litigation. You need to consider retaining a lawyer or finding some other means of resolving the dispute. 
Your proposed motion makes no sense. Thats a clear indication you are in over your head in litigation. You need to consider retaining a lawyer or... Read Answer