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 13
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Recent Legal Answers

Not inherently no, but you still  will feel the impact as whatever she pays will be deducted from the family income stream nonetheess. 
Not inherently no, but you still  will feel the impact as whatever she pays will be deducted from the family income stream nonetheess. 
You will simply need to hire a probate attorney for such a purpose. Be prepared to pay out of pocket for such a lawyer as most will not take a "will contest" or an abuse of PR duty case on a contingent fee when the estate has already been distributed. 
You will simply need to hire a probate attorney for such a purpose. Be prepared to pay out of pocket for such a lawyer as most will not take a "will... Read More
Now is where you realize that you may havejust wasted a huge amount of time tilting at windmills. You will now likley have the fun procees of trying to find a collection lawyer who will take a "one off" case presumably against in individual. 
Now is where you realize that you may havejust wasted a huge amount of time tilting at windmills. You will now likley have the fun procees of trying... Read More

for how long a garnishment stay in records.

Answered 8 years and 8 months ago by attorney Mark Tischhauser, Esq.   |   1 Answer
Generally until the judgment is paid or the garnishment is extinguished for some reason. 
Generally until the judgment is paid or the garnishment is extinguished for some reason. 
If you made reservations though a third party - THAT is your starting point. They should intervene to address this. 
If you made reservations though a third party - THAT is your starting point. They should intervene to address this. 

Can a counterclaim be modified after time has passed?

Answered 8 years and 9 months ago by attorney Mark Tischhauser, Esq.   |   1 Answer
The context of your question shows that you have little idea of what you are doing or has happened in your case. Seems in June 2015  a settlement was reached  - on happy terms or no - but then you relate a trial date and then counter-claim issues - none of which make sense as presented. YOu need to start with discussing this all with our existing lawyer not looking foir blurb help on the internet. ... Read More
The context of your question shows that you have little idea of what you are doing or has happened in your case. Seems in June 2015  a... Read More

Recover stolen merchadise

Answered 8 years and 9 months ago by attorney Mark Tischhauser, Esq.   |   1 Answer
Unless you are willing to pay a lawyer out of pocket for such a lawsuit - which will likely exceed the value of the missing items, you are just barking up the wrong tree. You will also need to retain a probate lawyer to address items taken from the estate. 
Unless you are willing to pay a lawyer out of pocket for such a lawsuit - which will likely exceed the value of the missing items, you are just... Read More

is the county responsible for there sewer backing up in your home causing serious damage inside?

Answered 8 years and 9 months ago by Donna DeVaney Stockham (Unclaimed Profile)   |   2 Answers
Good Afternoon. Would you like to set up a time to speak with me Monday?   Thanks, Donna Stockham  
Good Afternoon. Would you like to set up a time to speak with me Monday?   Thanks, Donna Stockham  
You will need clear medical expert support in writing BEFORE you can make such a claim. 
You will need clear medical expert support in writing BEFORE you can make such a claim. 
I have little doubt there is more to this than related. Starting with, you presnted the OTHER persons "race" but omitted your own. You will need to hire a lawyer in Georgia to review this and address whether or not your issue can be supported and go from there. 
I have little doubt there is more to this than related. Starting with, you presnted the OTHER persons "race" but omitted your own. You will need to... Read More
you may have a case against the landlord and the apartment building if the tenants next door were not screened for past criminal arrests prior to being approved for the lease...call for a consult
you may have a case against the landlord and the apartment building if the tenants next door were not screened for past criminal arrests prior to... Read More

Can a mortgage bank hold insurance money?

Answered 8 years and 9 months ago by attorney Mark Tischhauser, Esq.   |   1 Answer
If you are in default or foreclosure possibly. You will need to hire a lawyer to address this directly. 
If you are in default or foreclosure possibly. You will need to hire a lawyer to address this directly. 
If this was a contract, it probably could be enforced, a signed writing would probably not be necessary.  However, a contract requires consideration, some quid pro quo, i.e. if you give me $500 I will paint your house, or I will sell you my car, or I will not compete against your business  There doesn't seem to be any consideration here, just a unilateral promise to give you a gift, so I think you have a problem.  Sometimes, detrimental reliance can substitute for consideration, i.e. if someone promises you something and you rely on it to your detriment, you may be able to enforce the promise even though there was no consideration for it.  For example, if you pass up a chance to buy a car worth $1000 for $500 because your friend promised to give you her old car, you may be able to enforce the promise.  I don't think you have anything like that here, but you may be able to argue in court that you detrimentally relied on her promise by missing time from work to open the account, and losing your job, and that therefore her promise should be enforced.  It's by no means a guaranteed winner, but it might succeed.... Read More
If this was a contract, it probably could be enforced, a signed writing would probably not be necessary.  However, a contract requires... Read More
No there is no lien available to you. Your remedy is simply a contract lawsuit if you cant get it worked out. 
No there is no lien available to you. Your remedy is simply a contract lawsuit if you cant get it worked out. 
Civil consumer lawyer is a good start. 
Civil consumer lawyer is a good start. 

Do I have a case?

Answered 8 years and 9 months ago by attorney Mark Tischhauser, Esq.   |   1 Answer
Um....yeaaahhh. This who story is filled with "wha ha happen wuz" stories and those rarely if ever pan out under scrutiny. First and formost is the HUGE disconnect with " I bought a car two years ago" and some how you have a metal tag on the car that didn't match the plate. Except for the fact that delaerships don't issue metal plates to start, they come from DMV and when the plates are renewed every year, the registration and validation sticker shows the TAG # directly. Not seeing any type of legal case here from the issues described given all the disconnected facts and issues. You need to get that car properly registered ASAP.... Read More
Um....yeaaahhh. This who story is filled with "wha ha happen wuz" stories and those rarely if ever pan out under scrutiny. First and formost is the... Read More

I was attacked and assaulted at work

Answered 8 years and 9 months ago by attorney Mark Tischhauser, Esq.   |   1 Answer
You can call our office to discuss the general issues if you like. 1-800-922-6442. However, such cases are typically NOT contingent fee cases meaning that hiring a lawyer is done on an hourly rate retainer basis, absent some rare circumstances otherwise. 
You can call our office to discuss the general issues if you like. 1-800-922-6442. However, such cases are typically NOT contingent fee cases meaning... Read More
YOu just need to hire a lawyer to address this issue and possible fund a lawsuit. Any civil consumer lawyer is a good start. These are not usually contngent fee cases however. 
YOu just need to hire a lawyer to address this issue and possible fund a lawsuit. Any civil consumer lawyer is a good start. These are not usually... Read More
Nope. None of this is accurate. You should have hired a lawyer to defend the foreclosure, but apprarently didn't. If you want your issues "looked over" by a lawyer you will simply have to pay a retainer and hourly rate and provide the records for review and go from there. Plan on spending at least a couple thousand dollars in the effort. ... Read More
Nope. None of this is accurate. You should have hired a lawyer to defend the foreclosure, but apprarently didn't. If you want your issues "looked... Read More
No idea what you are even talking about. 
No idea what you are even talking about. 
You typically cannot withold rent in Florida and if they actually filed an eviction lawsuit you already have caused terrible damage by mishandling the issue, since that is now a permanent record. You need to retain a lawyer, typically at an hourly rate/retainer basis, to address this or simply give proper notice, terminate the tenancy and move ASAP. ... Read More
You typically cannot withold rent in Florida and if they actually filed an eviction lawsuit you already have caused terrible damage by mishandling... Read More
Ok, lets be frank. You are a "bad guy" illegally driving around with another "bad guy" (you used the PC term a person of interest)on probation or parole,  in your car and the cops tear car apart presumably because they suspect there was trasportation of drugs or some contraband involved. First, this is the hassle you get when you are committing a felony and continue to associate with "bad guys". Second, your 100% promsie that YOU BELIVE you had a turn signal on is of no consequence, is not the same as actually having done so, and certainly as a felon, not credible, even if true. You will need a dash cam or some objective evidence beyond your "good word" on the issue. Third, if they found no contraband  and no charges from the search they may owe you for the damages done to the car, and you need to address that for sure. In the mean time, felons complaining about police misconduct, while in the act of commiting a felony with another felon on parole or probation in the car, who is the obviously the target of an investigation, presumably drug involved, is simply NOT a credible person to raise a police misconduct allegation or prosecute a civil case in that regard. If you REALLY feel strongly about it, you can if you like, retain any lawyer at an hourly rate/retainer basis and spend your money to take the issue to task to make a social justice point at your expense, but don't be surprised if lawyer have little interest in backing such a claim with thier own money for the reasons stated above. You can also try organizations like the ACLU but, again, they may have little interest given the underlying facts. It wont hurt to ask though. ... Read More
Ok, lets be frank. You are a "bad guy" illegally driving around with another "bad guy" (you used the PC term a person of interest)on probation or... Read More
If this involves a car accident, presumably you had automobile insurance which would cover it.  Your insurer, assuming that you properly and timely notified it about the claim and the exact terms of the policy, should provide you with an attorney to represent you.
If this involves a car accident, presumably you had automobile insurance which would cover it.  Your insurer, assuming that you properly and... Read More
Depends on the issues and circumstances. Generally any business entitiy is required to have counsel. 
Depends on the issues and circumstances. Generally any business entitiy is required to have counsel. 
No - generally this is a bailment so they are only responsible if they were negligent in securing your car. 
No - generally this is a bailment so they are only responsible if they were negligent in securing your car.