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Florida Civil Litigation Legal Questions

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473 legal 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 11
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Civil Litigation
Florida

Recent Legal Answers

Can anyone represent me in court other than a lawyer on a stalking civil suit??

Answered 8 years and 5 months ago by attorney Bruce Robins   |   1 Answer
You can represent yourself, but no other party can represent you unless they are an attorney.
You can represent yourself, but no other party can represent you unless they are an attorney.

I was storing my tools in an ex friends garage from 8/27/17, till yesterday(9/28/17). He sold my tools without my consent Over 15k worth

Answered 8 years and 6 months ago by attorney Mark Tischhauser, Esq.   |   1 Answer
There is no practical remedy here. YOu trusted someone with such expensive items, who for no explainable reason, sells them off and cliams you never left any tools and you have no inventory, records or reciepts of the tools nor leaving them there. Unless you have some other evidence or explanation as to why this occurred, you are left with a civil lawsuit that you probaby can't prove or financially fund. ... Read More
There is no practical remedy here. YOu trusted someone with such expensive items, who for no explainable reason, sells them off and cliams you never... Read More

Re: FS 718.1255. Does 718.1255(4)(h) act independent of 718.1255(4)(k)?

Answered 8 years and 6 months ago by attorney Mark Tischhauser, Esq.   |   1 Answer
Internet blurb websites are not a budget Westlaw service. To get legal analysis for such specific issues you will simply need to hire a lawyer to handle the issues or make your own best educated analysis and hope its the right one in court. 
Internet blurb websites are not a budget Westlaw service. To get legal analysis for such specific issues you will simply need to hire a lawyer to... Read More

I have a stalking charge a viloation on an existing injunction and a new injunction all on October 4 can promise payment if we can talk and get this p

Answered 8 years and 6 months ago by attorney Mark Tischhauser, Esq.   |   1 Answer
You need to worry less about promising payment for a result and simply IMMEDIATELY hire the lawyer you should have when the issue first arose. That your own family memebers are aligned against you is typically NOT a helpful sign.  You need to find a criiminal or family law lawyer in your area to hire ASAP. ... Read More
You need to worry less about promising payment for a result and simply IMMEDIATELY hire the lawyer you should have when the issue first arose. That... Read More

How much anttoney fee?

Answered 8 years and 6 months ago by attorney Mark Tischhauser, Esq.   |   1 Answer
Depends on what you are trying to accomplish in court and what the issues are. THAT is what usually forms the basis for paying a legal retainer. 
Depends on what you are trying to accomplish in court and what the issues are. THAT is what usually forms the basis for paying a legal retainer. 

Need a lawyer to represent me in a civil claim

Answered 8 years and 6 months ago by attorney Mark Tischhauser, Esq.   |   1 Answer
If you were uninsured, this is likely to be an expensive undertaking and may ultimately lead to filing bankruptcy...just a heads up. Other than that - any civil trial lawyer familiar with insurance and injury lawsuits can help you. To that end, feel free to schedule a FREE in office consultation, but if there is litigation coming down the pike, you need to be prepared for a pricey retainer unfortuately. ... Read More
If you were uninsured, this is likely to be an expensive undertaking and may ultimately lead to filing bankruptcy...just a heads up. Other than that... Read More

Can someone sue you for a different amount than what they originally said?

Answered 8 years and 6 months ago by attorney Mark Tischhauser, Esq.   |   1 Answer
No idea about what her claim is but you might have a strong slander case based on the microphone comments - assuming they aren't true. The bad news is such cases are typically hourly rate/retainer cases not contingent fee cases so you will need to weigh the expense of litigation with the actual damages of the conduct to determine if its a good investment for you.... Read More
No idea about what her claim is but you might have a strong slander case based on the microphone comments - assuming they aren't true. The bad news... Read More

After u get a judgement against someone that didnt pay like he was told to pay by courts.whats the next step to go after the money

Answered 8 years and 6 months ago by attorney Mark Tischhauser, Esq.   |   1 Answer
THIS is why you hire family law lawyers - to address such issues. What to do depends on the underlying details. Generally, with a judgment you will need to hire a lawyer to enforce the judgment if you can. Problem there is always practical and financial issues vs. legal ones as it could cost you more in legal fees trying to enforce a judgement that might not be collectible. Your best bet is to hire a family law lawyer immediately and go from there as there may be other family court remedies like contempt. ... Read More
THIS is why you hire family law lawyers - to address such issues. What to do depends on the underlying details. Generally, with a judgment you will... Read More

Diseased or dead tree falls on your property; who is responsible for removal & cleanup?

Answered 8 years and 6 months ago by attorney Mark Tischhauser, Esq.   |   1 Answer
Not sure what "Florida handbook" you reference, but it depends on a variety of circumstances including by example, if the damages were done durring a hurricane or just randomly fell over. You can start with making a claim against the other property owners insurance coverage and see where it goes from there. You may need to spend some money out of pocket to hire a lawyer to handle the claim if there are substantial damages. ... Read More
Not sure what "Florida handbook" you reference, but it depends on a variety of circumstances including by example, if the damages were done durring a... Read More

I hired a housesitter/pet sitter thru Trusted Housesitters.com. she totaled my car arrested for dui and left my pets with no food or water

Answered 8 years and 6 months ago by attorney Mark Tischhauser, Esq.   |   1 Answer
You can sue her all you like - but practically collecting anything is unlikely from the facts presented. As to the website liability - this ill revolve around the terms of the agreement, disclaimers etc. Unfortunately, most such cases will involve paying a lawyer up front for handling the issue so, again, it may not be cost effective. ... Read More
You can sue her all you like - but practically collecting anything is unlikely from the facts presented. As to the website liability - this ill... Read More

We lost our sailboat in the hurricane because they county or town clised the north causeway bridge in New Smyrna on Saturday at 700am. any recovery?

Answered 8 years and 6 months ago by attorney Mark Tischhauser, Esq.   |   1 Answer
Nope, not likely  - Unfortunately, you had PLENTY of notice that the hurricane was coming to have made other arrangements for the boat if it had limitations for escape avenues. You also had plenty of time to interact with the EOC to find out about such things prior to the event. Its unfortunate - but hopefuly you had insurance to cover the loss or can make a FEMA claim. ... Read More
Nope, not likely  - Unfortunately, you had PLENTY of notice that the hurricane was coming to have made other arrangements for the boat if it had... Read More

My GF employer gave her a w-2 and she is having problems bcs The SS said she have nothing on her record. She is having a lot of problems for her taxes

Answered 8 years and 6 months ago by attorney Mark Tischhauser, Esq.   |   1 Answer
She will need to hire a lawyer and possibly a CPA to start sorting this out. There is no reason that she should be prevented from filing taxes, period end of story. There are some missing pieces here that will need to be addressed. 
She will need to hire a lawyer and possibly a CPA to start sorting this out. There is no reason that she should be prevented from filing taxes,... Read More

Put a camper trailer at RV sales lot on consignment my camper has significant damages including flooring missing TV ceiling leak and soiled mattress

Answered 8 years and 6 months ago by attorney Mark Tischhauser, Esq.   |   1 Answer
Unless there is evidence that the RV lot CAUSED the damage - this is simply an insurance claim from your end. By example, if there were roof leaks and water intrusion, that is typically NOT the obligation of a consignee to fix or repair such issues, though there may be a potential argument if they we aware of such a situation and were unreasonable in thier efforts to notify you to protect your RV. If there wasa theft of break in, then there might be a different issue to address, which would be an adequate security case. ... Read More
Unless there is evidence that the RV lot CAUSED the damage - this is simply an insurance claim from your end. By example, if there were roof leaks... Read More

Need to present a letter to a parent for their minor child theft of my property. what are the steps I need to take?

Answered 8 years and 6 months ago by attorney Mark Tischhauser, Esq.   |   1 Answer
Unless the property had substantial value, it is likely better to simply disassociate from the child and not allow them on your property, if you aren't pressing charges. YIf the property was valuable or you expect the parents to pay money to you, you may want to hire a lawyer to avoid any issues that often arise with extortion or to deal with releases, etc. ... Read More
Unless the property had substantial value, it is likely better to simply disassociate from the child and not allow them on your property, if you... Read More

Hello. If someone borrowed my car, and damaged it (broken glasses,dents,and scratches), but refuses to fix it. What legal actions can I take?

Answered 8 years and 6 months ago by attorney Mark Tischhauser, Esq.   |   1 Answer
Your only remedy is to sue him if he wont fix the damage or pay for it. Whether this is worth the expense of hiring a lawyer and filing a lawsuit is simply a mathmatical assessment. This unfortunately is the price you pay for the "wink wink nudge nudge" expectation that he was going to get insurance on the vehicle, that was uninsured and in your name, .....why?.....because everyone knows he CAN'T get insurance on your car because he doesn't own it, let alone expect that he is going to fork out that amount of money for borrowing a car for a few days, as you can't insure a car "for a few days." It would be cheaper to get a rental. ... Read More
Your only remedy is to sue him if he wont fix the damage or pay for it. Whether this is worth the expense of hiring a lawyer and filing a lawsuit is... Read More

How do i retrive a car sold on a contract and the person is not making pymts...He is 1, 500.00 behind...

Answered 8 years and 6 months ago by attorney Mark Tischhauser, Esq.   |   1 Answer
All depends on the details of the contract - you may have to file a replevin lawsuit with a lawyer. Regardless I would suggest you contact a lawyer to review the transaction first and go from there.
All depends on the details of the contract - you may have to file a replevin lawsuit with a lawyer. Regardless I would suggest you contact a lawyer... Read More

What type of lawyer do I need if a service department refused and neglected to fix my car? It's a safty issue and it's shutting off in traffic.

Answered 8 years and 7 months ago by attorney Mark Tischhauser, Esq.   |   1 Answer
You will need to hire a general civil lawyer - typically at an hourly rate/retainer basis. 
You will need to hire a general civil lawyer - typically at an hourly rate/retainer basis. 

How I can sue a huge company chain like Walgreens for providing and selling me wrong product? Which caused me severe pain

Answered 8 years and 7 months ago by attorney Mark Tischhauser, Esq.   |   1 Answer
Not much as absent some legitimate expert dentist back-up this will simply SCREAM drug seeking behavior. There is unlikely anything in such whitening strips, whcih typically rely on hydrogen peroxide, what would cause you such excruciating pain that would require pain killers and making statemnt to Walmart or the manufacturer will immediately raise eyebrows. You should contact you dentist and see what they say about the sensitivity issue. ... Read More
Not much as absent some legitimate expert dentist back-up this will simply SCREAM drug seeking behavior. There is unlikely anything in such whitening... Read More

Can I file for a lawsuit if my payroll company is denying my dispute on money that I didn't withdraw from my visa payroll card providing proper proof

Answered 8 years and 7 months ago by attorney Mark Tischhauser, Esq.   |   1 Answer
You post as stated makes no real sense other than you claim someone took money from your account via ATM an the bank seems to think it was you. 
You post as stated makes no real sense other than you claim someone took money from your account via ATM an the bank seems to think it was you. 

How much does it take to prove a For Profit Private College is not keeping to their own contract which is their :Handbook?

Answered 8 years and 7 months ago by attorney Mark Tischhauser, Esq.   |   1 Answer
There is no "advice" that will address this as you have already "made a fine mess of things" to quote Laurel & Hardy. You will simply need to spendthe money to hire a lawyer to see if this can be sorted out but understand much of this may be trying to put a Genie back in the bottle. ... Read More
There is no "advice" that will address this as you have already "made a fine mess of things" to quote Laurel & Hardy. You will simply need to... Read More

A Tennent drove into my garage door, put a claim into geico and Tennent lied and told ins co he didn't do it

Answered 8 years and 7 months ago by attorney Mark Tischhauser, Esq.   |   1 Answer
Not sure what the question is. Other than that, if insurance doesn't pay you have a claim against the tenant and I would hire a LL lawyer to find a means to evict ASAP. 
Not sure what the question is. Other than that, if insurance doesn't pay you have a claim against the tenant and I would hire a LL lawyer to find a... Read More

My neighbor's tree roots has destroyed my driveway. I've asked for years if he would tend to his tree. Is his home insurance or is he responsible?

Answered 8 years and 7 months ago by attorney Mark Tischhauser, Esq.   |   1 Answer
No. Not under Florida law. Your remedy was to cut or trim the roots. 
No. Not under Florida law. Your remedy was to cut or trim the roots. 

This is a verbal contract issue. I loaned a friend who had a restaurant for 24 years in Largo 25K. he said we do it the old way. his Word .....

Answered 8 years and 7 months ago by attorney Mark Tischhauser, Esq.   |   1 Answer
LOL.....apparantly you and I have a different view of an "honest and moral person" which iswhy you are out $25k. With his filing bankruptcy, there is a HIGH likihood that he discharged your debt and you can legally nothing as a collection effort against him. If by the "the old way" you meant duping people into borrowing money and never paying it back, then it seems "the old way" was done. Unfortunately, this will be a $25,000.00 learning lesson for you, based on the facts presented. ... Read More
LOL.....apparantly you and I have a different view of an "honest and moral person" which iswhy you are out $25k. With his filing bankruptcy, there is... Read More

I'm trying to find an attorney in Jacksonville fl that handles mold in rental homes help

Answered 8 years and 7 months ago by attorney Mark Tischhauser, Esq.   |   1 Answer
You wont find many if any as a general rule unless the physical harm is exceptional for an injury claim and otherwise - you would need a tenant lawyer, paid out of pocket typically, to address terminating the rental agreement. 
You wont find many if any as a general rule unless the physical harm is exceptional for an injury claim and otherwise - you would need a tenant... Read More

Got served papers for a repo over $11000.00 have 20 days to answer

Answered 8 years and 7 months ago by attorney Mark Tischhauser, Esq.   |   1 Answer
This is likely hat is referred to as a deficiency balance lawsuit. You need to unfortunately spend some money hiring a lawyer to defend this issue and do ASAP. We do handle such cases and take credit card/paypal  payment for retainers if thats of use to you. You can contactour office at 813-877-6442 to arrange a free consultation if you like. ... Read More
This is likely hat is referred to as a deficiency balance lawsuit. You need to unfortunately spend some money hiring a lawyer to defend this issue... Read More
Civil Litigation
Florida

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