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 17
Do you have any Florida Civil Litigation questions page 17 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 is simply a poor business model and you likely have no finaincially practical means of collecting. If this is a rare occurance its a cost of doing business. If its a common one you need to address this by changing policies such as having customer pay in advance for ordering parts or securing payments with credit cards, etc. You should also talk to a lawyer about having your paperwork changed from a simply invoice to some other structure or terms where you might collect legal fees for suing etc. ... Read More
This is simply a poor business model and you likely have no finaincially practical means of collecting. If this is a rare occurance its a cost of... Read More

Stalking

Answered 9 years and a month ago by attorney Mark Tischhauser, Esq.   |   1 Answer
You will have to hire a lawyer at an hourly rate and retainer to start to help you sort this stuff out. Unfortunately, many such cults act in such a fashion. In this area we have Scientology under similar allegations most recently in an expose by Leah Remini that has caused a stir. Sadly, there may be no clear or simple remedy as such ogansizations are often very adept at walking the line of propriety. ... Read More
You will have to hire a lawyer at an hourly rate and retainer to start to help you sort this stuff out. Unfortunately, many such cults act in such a... Read More
Sounds like may have been scammed. Depending on the amount you paid as a down payment you may need to hire a civil lawyer and report it to the states attorney to see if they can be located and get your money back. 
Sounds like may have been scammed. Depending on the amount you paid as a down payment you may need to hire a civil lawyer and report it to the states... Read More
Not sure what the question is. 
Not sure what the question is. 

can i collect money i loan to some one

Answered 9 years and a month ago by attorney Mark Tischhauser, Esq.   |   1 Answer
You will have to sue - get a judgement and then enforce it. THIS is exactly why the lender would not give him credit. You made a poor financial choice and may need to face the fact that you will not see the $3,500.00 again if he won't voluntarily pay it or you may spend that amount chasing after trying to collect it. ... Read More
You will have to sue - get a judgement and then enforce it. THIS is exactly why the lender would not give him credit. You made a poor financial... Read More
There is no case here. First, there is definately probable cause to stop you for driving on a flat tire and its illegal to operate a vehicle on the road with flashing harazard lights. That you sound like you were demanding and aggresive with the officer in regard to a brethalyzer and refused and FST likely created PC that you were high on something else and trying to distract by demanding an alcohol test you knew you would pass, hence the reasons for the "other tests" which presumably you took and also passed. The issue with your license may be separate as there may still be an issue about your refusal to take the FST or possibly the other other tests if you refused them also. ... Read More
There is no case here. First, there is definately probable cause to stop you for driving on a flat tire and its illegal to operate a vehicle on the... Read More
This will all revolve around your warranty terms and conditions. This may be a MMWA (magnusson moss warranty act) type case but it will depend on the details. It is also unclear when you state "within 3 days" as this suggests that you were 3 days LATE and that could be a significant issue. YOu need to hire the lawyer now that you should have hired before you demanded arbitration. ... Read More
This will all revolve around your warranty terms and conditions. This may be a MMWA (magnusson moss warranty act) type case but it will depend on the... Read More
There is no "out of my lease with a doctor's note" situation unless the landlord agreed to it in writing. Sounds like they didn't so you either have a collections harrassment type issue if there was an agreed termination and no damages or a contract issue otherwise to resolve. You will need to retain a lawyer to resolve this ASAP before it gets out of hand. ... Read More
There is no "out of my lease with a doctor's note" situation unless the landlord agreed to it in writing. Sounds like they didn't so you either have... Read More
Its impossible to understand what you are asking the question makes no real sense. 
Its impossible to understand what you are asking the question makes no real sense. 
If it was intentional as you describe you will need to sue her there is no insurance and the LL has no responsibility that you parked your car in someone elses yard. if she did so negligently, then you would need to make a claim against the insurance of the driver or the vehicle owner for your damages. Other than that, you are paying for your damages yourself or going through your comprehensive or collision coverage. ... Read More
If it was intentional as you describe you will need to sue her there is no insurance and the LL has no responsibility that you parked your car in... Read More

How do I get my money back?

Answered 9 years and 2 months ago by attorney Mark Tischhauser, Esq.   |   1 Answer
You probably won't absent some written agreement regadng the funds or an inordinately high amount of the deposite money that might suggest you didn't just give some to them. 
You probably won't absent some written agreement regadng the funds or an inordinately high amount of the deposite money that might suggest you didn't... Read More

Answered 9 years and 2 months ago by attorney Mark Tischhauser, Esq.   |   1 Answer
Problem here is if you have a "hooptie" or a car you cannpt afford to fix because you only have $150.00 to spend, you really don't have any options, as they all cost money to address, and ti may be difficult to blame a mechanic for "breaking" a beater car needing lots of repairs. Worse, if you over financed a car you could not afford, and its not worth what you are obligated to pay for it - you simply made a disasterous decision and put salt in your own wound. You may be better off, dumping the vehicle for scrap, paying what you owe on the note to keep your credit straight, and taking public transportation or some other means to get around. This may also require several other lifestyle adjustments to accomplish. ... Read More
Problem here is if you have a "hooptie" or a car you cannpt afford to fix because you only have $150.00 to spend, you really don't have any options,... Read More
At best the EX (good luck) - the apartment is not responsible for your medical recordss. 
At best the EX (good luck) - the apartment is not responsible for your medical recordss. 

I have a question on how to proceed with a matter

Answered 9 years and 2 months ago by attorney Mark Tischhauser, Esq.   |   1 Answer
You will need to retain a tenant lawyer to review this and see what actually happened and what can be done. Generally, a landlord cannot arbitrarily declare a property where the rent is paid abandoned and typically cannot sell your things simply for his profit. We do handle such cases so you can contact ou office at 1-813-877-6442 to scehdule a free in office consultation. ... Read More
You will need to retain a tenant lawyer to review this and see what actually happened and what can be done. Generally, a landlord cannot arbitrarily... Read More
You probably won't but you can sue to try if you want to spend some more money giving it a shot. There is much much more this story and that will all have to be addressed as there is the old German saying of "screw me once shame on you - screwme twice shame on me". 
You probably won't but you can sue to try if you want to spend some more money giving it a shot. There is much much more this story and that will all... Read More
Depends on the nature of the scam and your willingness to pay the cost of hiring a lawyer. 
Depends on the nature of the scam and your willingness to pay the cost of hiring a lawyer. 

can I sued my landlord for mental and emotional stress

Answered 9 years and 2 months ago by attorney Bruce Robins   |   1 Answer
Unless the law is different in Florida than where I practice, no.  You may have a claim for malicious prosecution, but you could only recover actual monetary damages, not stress.  It's also possible that you may have a valid motion for sanctions, but, again, you will not be compensated for stress.... Read More
Unless the law is different in Florida than where I practice, no.  You may have a claim for malicious prosecution, but you could only recover... Read More

Purchased product but never received

Answered 9 years and 2 months ago by attorney Mark Tischhauser, Esq.   |   1 Answer
You will have to decide whether this amporphous product is worth hiring a lawyer to intervene and possibly sue over. If it is - thats your next move - if not - likely move on. 
You will have to decide whether this amporphous product is worth hiring a lawyer to intervene and possibly sue over. If it is - thats your next move... Read More
Generally yes. The effect depends on the nature ofthe "notice" you reference. 
Generally yes. The effect depends on the nature ofthe "notice" you reference. 
Generally your remedy is to sue the ex for damages caused by his breaching the contract. Good luck collecting if is isn't paying his existing bills. This is why you don't co-sign for people because it means YOu will pay the money on the account when he doesn't or get sued with him as a result. If you are not on the title you cannot take the car. You will need to hire a lawyer at your expense to review the sales paperwork and see what rights if nay you have as a co-signor with regard to the finance company. ... Read More
Generally your remedy is to sue the ex for damages caused by his breaching the contract. Good luck collecting if is isn't paying his existing bills.... Read More
This will be a complicated issue since you are claiming the $8,500.00 was payment for an interest in the home and certainly may dictate against an eviction process as the proper vehicle to address such a dispute. You will need to retain and pay for a lawyer  out of pocket immediately to address this issue BEFORE it gets out of hand. ... Read More
This will be a complicated issue since you are claiming the $8,500.00 was payment for an interest in the home and certainly may dictate against an... Read More

Seek legal counsel on response to Motion to Dismiss.

Answered 9 years and 2 months ago by attorney Mark Tischhauser, Esq.   |   1 Answer
and thats the typical result of Pro-Se self lawyering in the legal environment. This is what I call the classic "flail and wail" strategy where a Pro-Se litigant who doesn't know what they are doing (but always claim they do) gets batted around in court and when then lose wail about consitiutional rights and conspiracy theories. That stated, you won't likely find competent lawyers who will "help you address" a MTD or do piecemeal work on such a case, especially after you now seek counsel after you havelost and been kicked out of court. You will need to either hire a lawyer, at our expense if need be, or accept that your lawyering skills were not up to par, you  lost and move on. ... Read More
and thats the typical result of Pro-Se self lawyering in the legal environment. This is what I call the classic "flail and wail" strategy where a... Read More
You don't. The bank didn't marry nor divorce your son and your agreement wasn't predicated on that issue as a term of the loan in writing. As such you are essentially stuck with the co-signor obligation and can only hope that she continues to make full and proper payment without damaging your credit. ... Read More
You don't. The bank didn't marry nor divorce your son and your agreement wasn't predicated on that issue as a term of the loan in writing. As such... Read More
Mot sure what you are actually asking. 
Mot sure what you are actually asking. 

Can I sue someone that shot my wife and I on his property?

Answered 9 years and 3 months ago by attorney Stephen Arnold Black   |   2 Answers
Was the shooter the owner of the home where you were visiting, or was the shooter a guest of the home owner?
Was the shooter the owner of the home where you were visiting, or was the shooter a guest of the home owner?