Florida Civil Litigation Legal Questions

Want a good answer? Ask a thorough question starting with "Who, What, When, How, Will I or Do I".
Then, add details. This will help you get a quicker and better answer.
Question field is required
Explanation field is required
A valid US zip code is required Validating the Zip Code.
Question type field is required
Question type field is required
1
Ask a Question

2
Details

3
Submit
1
Ask a Question

2
Submit
Fullname is required
A valid email address is required.
Receive a follow-up from lawyers after your question is answered
A valid phone number is required
Select the best time for you to receive a follow-up call from a lawyer after your question is answered. (Required field)
to
Invalid Time

*Required fields

Question
Description
By submitting your question, you understand and agree to the Terms and Conditions and Privacy Policy for use of the site. Do not include any personal information including name, email or other identifying details in your question or question details. An attorney-client relationship is not being established and you are not a prospective client of any attorney who responds to your question. No question, answer, or discussion of any kind facilitated on this site is confidential or legal advice. Questions answered are randomly selected based on general consumer interest and not all are addressed. Questions may display online and be archived by Martindale-Hubbell.
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 15
Do you have any Florida Civil Litigation questions page 15 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

This issue has OBVIOUSLY escalated to the point that you need to leave the property for your own safety. You need to contact the LL and see what can be worked out about terminating the lease. Otherwise, plan on spending ridiculous amounts of money on lawyers and go from there....
This issue has OBVIOUSLY escalated to the point that you need to leave the property for your own safety. You need to contact the LL and see what can... Read More
Unless you want to spend a bunch of money on lawyers fighting over this, you will simply have to accept this situation or find a means to dampen the sound from the upper unit. 
Unless you want to spend a bunch of money on lawyers fighting over this, you will simply have to accept this situation or find a means to dampen the... Read More
This is governed under the Fair Credit reporting Act (FCRA) you can contact a lawyer handling such cases o an employment lawyer and they can help you address this issue. 
This is governed under the Fair Credit reporting Act (FCRA) you can contact a lawyer handling such cases o an employment lawyer and they can help you... Read More

need attorney for court appearance only

Answered 8 years and 11 months ago by attorney Mark Tischhauser, Esq.   |   1 Answer
Most lawyers won't show up in court as a warm body as the request of a pro-se litigant for variety of reasons. YOu need to plan on being there if you can't get the hearing re-set. This goes double for resetting a PTC in small claims courtin Pinellas County. 
Most lawyers won't show up in court as a warm body as the request of a pro-se litigant for variety of reasons. YOu need to plan on being there if you... Read More
UNless you can show some actual malice - there is no civil case here for damages if the intoxylizer was .012. There is no "numbers within tolerance" relative to DUI whether for alchohol, drugs etc, relative to expecting a civil action just because there wasn't enough evidence to prosecute successfully. Unless there is some motive,such as the cop was dating your girlfreind, where there is a motive to "perjure" themselves, such a case wont go very far unless you are willing to invest a substantial amount of money on such an endeavor to explore such issues. ... Read More
UNless you can show some actual malice - there is no civil case here for damages if the intoxylizer was .012. There is no "numbers within tolerance"... Read More

Law suit

Answered 8 years and 11 months ago by attorney Mark Tischhauser, Esq.   |   1 Answer
You may need to spend more money on a lawyer to try to sue them over the issue. These are difficult cases for a variety of reasons. 
You may need to spend more money on a lawyer to try to sue them over the issue. These are difficult cases for a variety of reasons. 

Do i have a case to sue wallmart?

Answered 8 years and 11 months ago by attorney Mark Tischhauser, Esq.   |   1 Answer
Thats what happens when you assume as the old saying goes. Now you might have a claim against the manufactuer BUT you would likely be spending a good deal of money to make that point as most lawyers wont take such a case on a contingent fee. 
Thats what happens when you assume as the old saying goes. Now you might have a claim against the manufactuer BUT you would likely be spending a good... Read More
This is one of those "hostile work environment" vs. "disgruntled SJW employee" type cases. You will probably needto retain a lawyer on an hourly rate basis, file suit and see what shakes out. Most employment lawyers will avoid such cases on contingent fee because they are simply volatile. ... Read More
This is one of those "hostile work environment" vs. "disgruntled SJW employee" type cases. You will probably needto retain a lawyer on an hourly rate... Read More
You just need to retain a lawyer and make the financial commitment to file suit and address the issue. Bear in mind this may involve a substantial financial commitment which is why you dont see neighbors suing each other often. 
You just need to retain a lawyer and make the financial commitment to file suit and address the issue. Bear in mind this may involve a substantial... Read More
I'm assuming that the debt was yours alone and not on a joint debt with your wife.  There are various collection mechanisms available to your creditor, including garnishing any wages or other income your receive until the debt if paid in full, seizing any non-exempt assets you have now (not sure whether you car is exempt in Fla., in NY it's only partly exempt) or in the future (for 20 years in NY, but may be a different time period in  Fla) and perhaps forcing you into an involuntary bankruptcy where the court would oversee your finances. ... Read More
I'm assuming that the debt was yours alone and not on a joint debt with your wife.  There are various collection mechanisms available to your... Read More
Anybody can sue anybody for anything, but I think what you're really asking is whether you would win.  In my opinion, you have a shot, but probably not.  Employer's are responsible for the actions of their employees taken in the course of their employment and falling within the scope of their duties.  For example, if a waiter spilled boiling coffee over you and caused you third degree burns, his employer, the restaurant, would be liable for his negligence.  Here, you could argue that it was within the employee's duties to return your debit card and not to use it, but I think the view more likely to be taken by the court is that the employee's theft was not part of his job, and his employer is not responsible for it.  Also, even if the employer was held liable, neither it nor its employee would be held liable for your stress and time (unless it cost you time from your job, or other money earning activity), just any money you lost. ... Read More
Anybody can sue anybody for anything, but I think what you're really asking is whether you would win.  In my opinion, you have a shot, but... Read More
Without more facts it's impossible to analyze what theories of civil liability you would have and who you may have them against. Obviously the perpetrator committed a crime so you should contact the police to report it. 
Without more facts it's impossible to analyze what theories of civil liability you would have and who you may have them against. Obviously the... Read More
Unless something has dramatically changed - there is no privacy violation legal right or lawsuit undersuch facts nor a legal right to "choose the provider they feel comfortabe with" from a governmental agency provided care perspective. While yi=ou might complaint to the agency staff or refuse to work with a CM, you won't likely have a civil lawsuit over such issues. ... Read More
Unless something has dramatically changed - there is no privacy violation legal right or lawsuit undersuch facts nor a legal right to "choose the... Read More
You will need to spend a fair bit of money on a lawyer to review the eviction and see if the court can be convicned to seal it. It is completely discretionary with the court and they rarely do it unless its OBVOUSLY a wrongful eviction not jus one that a tenant disputes. 
You will need to spend a fair bit of money on a lawyer to review the eviction and see if the court can be convicned to seal it. It is completely... Read More
There really isn't a means for lawyers to "assist" pro-se litigants and such litigation typically will require the expense of actually hiring a lawyer. Closest thing to assiatnce would be something the 5 Hour Law School which you can Google but it is focused on more of the how the litigation environment works angle. ... Read More
There really isn't a means for lawyers to "assist" pro-se litigants and such litigation typically will require the expense of actually hiring a... Read More

identity theft

Answered 9 years ago by attorney Mark Tischhauser, Esq.   |   1 Answer
This is common social media defamation type issue. You may want to retain a lawyer to file suit against the offender to see if you can cinvince them to stop or hold them responsbile for damages. The downside is these are not contingent fee cases and can be expensive lawsuits, though many people pursue them because the business and reputational harm is a bigger loss. We handle such cases if you are seriously intent on taking legal action. ... Read More
This is common social media defamation type issue. You may want to retain a lawyer to file suit against the offender to see if you can cinvince them... Read More
You may need to retain a tenant lawyer. This may be a violation of Fla. Stat. 83.67  
You may need to retain a tenant lawyer. This may be a violation of Fla. Stat. 83.67  
You cannot sue for defamation in relation to things said in court. You will have to spend a significant amount of money on civil lawyer and probabte lawyer perhaps, as without a will, the law dictates who gets what and girl friend or signficiant other is NOT on the list unfortunately. ... Read More
You cannot sue for defamation in relation to things said in court. You will have to spend a significant amount of money on civil lawyer and probabte... Read More
Its already a mess - you will need to to actually HIRE a lawyer to address this. This wont be solved with free internet blurbs.
Its already a mess - you will need to to actually HIRE a lawyer to address this. This wont be solved with free internet blurbs.

Might I have a legal claim

Answered 9 years ago by attorney Mark Tischhauser, Esq.   |   1 Answer
Possbly IF you can PROVE the faulty fuel. Problem is may not be worth the legal fees to fight over it if they deny the claim. 
Possbly IF you can PROVE the faulty fuel. Problem is may not be worth the legal fees to fight over it if they deny the claim. 
You will need to actually retain a lawyer to address anything close to such a deal. Otherwise, its simply a huge mess due to the verbal agreement and his medical condition. Given the flaws inthe claim  - be prepared to payout of pocket for the legal fees to address this. 
You will need to actually retain a lawyer to address anything close to such a deal. Otherwise, its simply a huge mess due to the verbal agreement and... Read More
This question is problematic as it starts in the first person and then changes to the third ala "the patient". Bottom line is absent some  permission or unique circumstance, it would not be proper to txt the patient's "freind" about being clean or still using. The patient can file a HIPAA complaint with the DOH. There is no money to be gained on such a complaint however. IF the patient is and WAS clean and there has been some SERIOUS damage to the patients reputation etc (like wife left thinking using again) there may be some viable claimn there. Of course if the patient IS using and was lying to the ER, this goes no where. ... Read More
This question is problematic as it starts in the first person and then changes to the third ala "the patient". Bottom line is absent some... Read More
Your "notification" sounds like a scam.  Why would there be an arrest just because you owe money?  Unless the debt arose out of a penalty imposed in connection with a criminal proceeding, it would be a civil matter, not a criminal one.  Check it out with the court where the case was supposedly pending.  If there is a judgment, you should be able to get the name and contact information for the plaintiff's attorney, and can contact that person to discuss paying down the judgment.  I warn you, however, that this contact may result in renewed collection efforts against you once the attorney knows where you are.... Read More
Your "notification" sounds like a scam.  Why would there be an arrest just because you owe money?  Unless the debt arose out of a penalty... Read More
You probably need a real estate lawyer that habdles "land use" issues. 
You probably need a real estate lawyer that habdles "land use" issues. 
Yes u can sue, but most lawyers won't take your case unless there is insurance. But keep looking.
Yes u can sue, but most lawyers won't take your case unless there is insurance. But keep looking.