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 12
Do you have any Florida Civil Litigation questions page 12 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

Civil trial lawyer. Whether its worth it really is up to you and dependson what the lawyer sees in the paperwork you provide. 
Civil trial lawyer. Whether its worth it really is up to you and dependson what the lawyer sees in the paperwork you provide. 
There is likely something missing here as that can't properly happen unless there is a default by you and the co-signor intervnes with a lawsuit OR you are just a co-signor in possession and the actual buyer was what you called the co-signor. There are some missing facts here. 
There is likely something missing here as that can't properly happen unless there is a default by you and the co-signor intervnes with a lawsuit OR... Read More
No way to tell for sure - as par for the course in such instances - both parties typically lie about the circumstances making it a confused mess. By example, you claim its a gift, yet there is a slanted explanation about how you were actually paying for part of it. By definition if you are paying for part of it, it may be niether a gift nor yours as this could equally be peceieved that you have crap credit as is typically with musicians and used her credit to buy your "tools" with an agreement to pay her back but have no money and need your "tools" so now they are claimed to be a gift. The basic issue here is - if you need the equipment at issue to perform, and you didn't need her credit to get them, the more efficient choice is to simply call it a bad decision, she probably lost out on the resale - buy yourself new equipment with your money and credit and carry on. If you want to, you can sue her for the value you spent and invested, but its likely not emough to jsutify the legal expense and effort. ... Read More
No way to tell for sure - as par for the course in such instances - both parties typically lie about the circumstances making it a confused mess. By... Read More
IF you can prove this occured with government resources, you can take your info and file a complaint with the agency. Her threat to do so alone may be issue for them. Bear in mind though that criminal records are generally available on the internet so, as are telehone numbers anbd addresses with a little work. ... Read More
IF you can prove this occured with government resources, you can take your info and file a complaint with the agency. Her threat to do so alone may... Read More
Sounds like they HAVE sued you and you would be foolish NOT to hire a lawyer, since its clear you are confused about whats actually happening with this issue. 
Sounds like they HAVE sued you and you would be foolish NOT to hire a lawyer, since its clear you are confused about whats actually happening with... Read More
Any civil trial lawyer or construction lawyer will be your starting place. Don't plan on lawyers taking such a case on a contingent fee, as most will not for a variety oif reasons. 
Any civil trial lawyer or construction lawyer will be your starting place. Don't plan on lawyers taking such a case on a contingent fee, as most will... Read More
Nope - there is immunity for that. Typically, there is more to such a story and that may be an issue with the State Attorney's willingness to waste tax dollars prosecuting what may be to them a sketchy case. By example the WHY and HOW did this guy allegedly jump you is typically the forefront of such an issue. ... Read More
Nope - there is immunity for that. Typically, there is more to such a story and that may be an issue with the State Attorney's willingness to waste... Read More

Blown Engine

Answered 8 years and 7 months ago by attorney Mark Tischhauser, Esq.   |   1 Answer
Maybe - depends on the details of WHY the dealer says it was Jiffy Lubes fault - not just the declaration of it. 
Maybe - depends on the details of WHY the dealer says it was Jiffy Lubes fault - not just the declaration of it. 
Yaaaayyyyy a lottery ticket! Just because you  are aquitted, plead out or the charges were ultimately dropped does NOT entitle you to MILLIONS OF DOLLARS. You will likely have to show that there was some perjury, fraud or malicious intent on the complaining party or the State Attorney, not just that they were wrong o chose not to prosecute after battling yout lawyer. Of course, that also presumes that there is ZERO evidence to support thier allegations, as you didn't even come close to such claimed conduct. Otherwise, unlike crininal court, your have the burden pf proof and there is no 5th amendment privilege, so your testimony would be required and subject to perjury just like thiers. ... Read More
Yaaaayyyyy a lottery ticket! Just because you  are aquitted, plead out or the charges were ultimately dropped does NOT entitle you to MILLIONS... Read More
Candidly, this has ALL of the trappings of an adulterated food set up from a variety of angles. Bottom line is you will have start with hiring, at some expense, an expert to examine the item you claim was in the Frosty and prove that it is consistent with your allegations.Otherwise, when combined with histrinoic claims "its a horrendus ordeal, I'll never be right again and I can't even work" your claim will likely be treated as a sham regardless of what actually happened. ... Read More
Candidly, this has ALL of the trappings of an adulterated food set up from a variety of angles. Bottom line is you will have start with hiring, at... Read More
As one of the few lawyers that handle defamation cases, I can tell you that a civil trial lawyer of some sort will bewhere you start. Defeamation cases are typcially expensive to pursue and are not usually handled on a contingent fee basis. If the issue is highly emotional and there isa combative defendant, they can be very costly. ... Read More
As one of the few lawyers that handle defamation cases, I can tell you that a civil trial lawyer of some sort will bewhere you start. Defeamation... Read More
No offense - but this has ALL of the trappings of YOU wanting to be the lawyer in the case or at least viewing yourself as co-counsel dictating what should should not be done and how. To be clear that is the FASTEST means to ensure that no lawyer will come near your case under such circumstances, regardless if you are expecting to retain counsel on a contingent fee with a claim of $860k in damages.  ... Read More
No offense - but this has ALL of the trappings of YOU wanting to be the lawyer in the case or at least viewing yourself as co-counsel dictating what... Read More
He can raise issues in a family law court between you and he as to raising and caring for the child. He can't properly sue the new husband for "wrecking" your marriage. You need to retain a family law lawyer to deal with the child issues. 
He can raise issues in a family law court between you and he as to raising and caring for the child. He can't properly sue the new husband for... Read More
The only "free consultations" provided by most lawyers is to determine IF they will take the case and under what fee structure - NOT to provide legal advice about how to solve your issues. As this likely a contract issue, you will need to retain an attorney at an hourly rate/retainer to address these issues. ... Read More
The only "free consultations" provided by most lawyers is to determine IF they will take the case and under what fee structure - NOT to provide legal... Read More
You may want to call legal aid to see if you qualify for them helping you to address this. 
You may want to call legal aid to see if you qualify for them helping you to address this. 
UNless you are willing to spemd tousands of dollars over such a dispute - pets are property and possession is 9/10's of the law so to speak. 
UNless you are willing to spemd tousands of dollars over such a dispute - pets are property and possession is 9/10's of the law so to speak. 
We handle such cases routinely - its just a matter of accepting that you need to spend money retaining a lawyer to take the LL to task. Fortunately Fla. Stat. 83.48 lets you recover your legal fees against the LL if your right. 
We handle such cases routinely - its just a matter of accepting that you need to spend money retaining a lawyer to take the LL to task. Fortunately... Read More

Security Deposit

Answered 8 years and 8 months ago by attorney Mark Tischhauser, Esq.   |   1 Answer
We handle such cases routinely. Fla. Stat. 83.49 provides the procedure to address such issues BUT no real resolution if there is a dispute beyond one party intiating a lawsuit. As the LL has the tenants money, this usually falls to the tenant. 
We handle such cases routinely. Fla. Stat. 83.49 provides the procedure to address such issues BUT no real resolution if there is a dispute beyond... Read More
Sure - you will need to hire a lawyer, at some expense,  to address the garnishment and any hearing first and then go from there. Our office handles such cases you can contact our office at 1-800-922-6442. 
Sure - you will need to hire a lawyer, at some expense,  to address the garnishment and any hearing first and then go from there. Our office... Read More

please help me with my harassing neighbor

Answered 8 years and 8 months ago by attorney Mark Tischhauser, Esq.   |   1 Answer
You simply need to decide whther this has risen to the point of hiring a lawyer, at your expense, to sue and hold them repsonsible for the conduct. If it has, thats the starting point. 
You simply need to decide whther this has risen to the point of hiring a lawyer, at your expense, to sue and hold them repsonsible for the conduct.... Read More
With these facts you will have to hire a lawyer at an hourly rate/retainer to pursue a contract or material misrep dispute. You likely have an uphill battle to start unless you can prove that they KNEW the lake was "collapsing" and sold it as lakefront when it would not be. This is good example of why its important to have lawyers handle closing as you probably should have refused to close if you saw the lake was gone. ... Read More
With these facts you will have to hire a lawyer at an hourly rate/retainer to pursue a contract or material misrep dispute. You likely have an uphill... Read More
In general, when paying on a stipulaton for settlement for court, the Creditor does NOT need to provide a receipt of payment unless your settlement stipulation provides for receipts.  The best thing to do is make a copy of each payment (or whatever records you have showing that the payment was sent, if you are using your bank to make automatic payments).  Make sure you keep records that you made the payments.  That's usually the best you can do, unless you want to send every payment by certified mail to prove that they received it.Of course, if you are paying by check, your bank can give you a copy of each cancelled check as proof of payment.  That's usually your best evidence of payments.... Read More
In general, when paying on a stipulaton for settlement for court, the Creditor does NOT need to provide a receipt of payment unless your settlement... Read More

How do I sue a dealership?

Answered 8 years and 8 months ago by attorney Mark Tischhauser, Esq.   |   1 Answer
With all of that you will need a lawyer to do so. 
With all of that you will need a lawyer to do so. 
If you have the desire and the wallet to fund them. These are not contingent fee cases. 
If you have the desire and the wallet to fund them. These are not contingent fee cases. 
Yep - so if you didn't have insurance, you get to pay for the repairs and if you want to spend the money hire a lawyer to sue your freind for reimbursement. 
Yep - so if you didn't have insurance, you get to pay for the repairs and if you want to spend the money hire a lawyer to sue your freind for... Read More