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 2
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Recent Legal Answers

I am sorry to learn of this unfortunate situation.  While you may be ultimately liabile if your neighbor were to sue you, hopefully the pool contractor you engaged is properly licensed and insured.  Typically contractors carry General Commercial Liability insurance which is designed to cover personal injuries or property damage resulting from their activities.  As a practical matter, if pool contractor does not make things right, getting neighbor pool contractor's insurance information and to allow neighbor to make an insurance claim would be the first step in this process rather than neighbor suing you.  I wish you luck with this situation. ... Read More
I am sorry to learn of this unfortunate situation.  While you may be ultimately liabile if your neighbor were to sue you, hopefully the pool... Read More

What could happen

Answered 5 years and a month ago by attorney Mark Tischhauser, Esq.   |   1 Answer
You claim you hired a lawyer to defend you. Thats who you need to ask these questions of. 
You claim you hired a lawyer to defend you. Thats who you need to ask these questions of. 
You can start with hiring a lawyer to send a cease and desist letter and go from there. 
You can start with hiring a lawyer to send a cease and desist letter and go from there. 

claim denied

Answered 5 years and a month ago by attorney Mark Tischhauser, Esq.   |   1 Answer
Other than trying to file criminal charges, not likely anything effective. 
Other than trying to file criminal charges, not likely anything effective. 

Need to know what type of lawyer to speak to

Answered 5 years and a month ago by attorney Mark Tischhauser, Esq.   |   1 Answer
You need a general civil trial lawyer. We handle such cases. You can call our office at 813-243-9233. The issue of fraud is not likely to be useful if there is a 12 year old judgment but the enforcement still needs ot be addresed. 
You need a general civil trial lawyer. We handle such cases. You can call our office at 813-243-9233. The issue of fraud is not likely to be useful... Read More
Its a fair bet the order did NOT say that, as judgments are due when they are entered. The interest will likely start runnng from the initial entry date of the judgment. If you have all these questions, its time to retain a family law lawyer to address this situation with you to make sure you are making the correct decisions.  ... Read More
Its a fair bet the order did NOT say that, as judgments are due when they are entered. The interest will likely start runnng from the initial entry... Read More
You will need to retain a lawyer to review the details and go from there. This can't be addressed in an internet blurb. 
You will need to retain a lawyer to review the details and go from there. This can't be addressed in an internet blurb. 

Do i have to return a gift

Answered 5 years and 2 months ago by attorney Mark Tischhauser, Esq.   |   1 Answer
Not if you can prove it was a gift.
Not if you can prove it was a gift.
Not sue what you are trying to accomplish. The remedy if the LL wont do repairs, per Fla. Stat. 83.56 is to terminate the tenancy and move. You say they have agreed to that. As to not paying rent, andy refusal to pay rent when due invites an eviction and can relieve the LL of the obligation to make repairs. ... Read More
Not sue what you are trying to accomplish. The remedy if the LL wont do repairs, per Fla. Stat. 83.56 is to terminate the tenancy and move. You say... Read More
You will need to hire an HOA lawyer to address this. This is not an internet blurb issue. 
You will need to hire an HOA lawyer to address this. This is not an internet blurb issue. 

What kind of attorney do we need?

Answered 5 years and 2 months ago by attorney Mark Tischhauser, Esq.   |   2 Answers
You would need a "tenant lawyer" that handles landlord tenant cases from the tenant side. We are few and far between, we handle such cases. If you would like you can call our office at 813-243-9233. 
You would need a "tenant lawyer" that handles landlord tenant cases from the tenant side. We are few and far between, we handle such cases. If you... Read More

BI settlement release

Answered 5 years and 2 months ago by attorney Mark Tischhauser, Esq.   |   2 Answers
That is always the risk you take. If there is some fraud involved, there might be remedy but you would have a huge amount of legal work needed to address that meaning you would have to have substantial injuries to justify the legal effort. Bear in mind you have to have permission from your UM carrier to settle the case, because THEY waive thier rights to collect from the at fault parties collectively if they say yes, so they have a vested interest in finding that coverage also. If you are trully worried about it, you can get your own or ask your lawyer to do an independent asset investigation, but understand if it turns up nothing, you simply end up paying more out of your settlement costs. ... Read More
That is always the risk you take. If there is some fraud involved, there might be remedy but you would have a huge amount of legal work needed to... Read More
If its that big of an issue, you can retain your own pest service to provide an opinion and options or to fix the issue if possible. You can also spend money on hiring a lawyer to address the pest control issue if they document your complaint and have a recommendec course. 
If its that big of an issue, you can retain your own pest service to provide an opinion and options or to fix the issue if possible. You can also... Read More

bout money

Answered 5 years and 2 months ago by attorney Bruce Robins   |   1 Answer
You would sue your ex-friend in small claims court for breach of contract.
You would sue your ex-friend in small claims court for breach of contract.

Can an assignee sue in Florida small claims court?

Answered 5 years and 2 months ago by attorney Mark Tischhauser, Esq.   |   1 Answer
Yes. Thats the entire purpose of an assignment. 
Yes. Thats the entire purpose of an assignment. 
You don't if your wife oens the home too, you have no means to over ride her letting the sister stay, short of divorce proceedings.
You don't if your wife oens the home too, you have no means to over ride her letting the sister stay, short of divorce proceedings.

What can I do to get my stolen Annuities back?

Answered 5 years and 3 months ago by attorney Mark Tischhauser, Esq.   |   1 Answer
You need to get past believing and get to knowing. Otherwise there is no way to respond to the question. You will be spending money on a lawyer to find out so you might as well be sure its well spent. 
You need to get past believing and get to knowing. Otherwise there is no way to respond to the question. You will be spending money on a lawyer... Read More

Travel agency

Answered 5 years and 3 months ago by attorney Mark Tischhauser, Esq.   |   1 Answer
This post is confusing as to what actually happened. Bottom line is you will need to retain a lawyer to intervene to address this it seems. 
This post is confusing as to what actually happened. Bottom line is you will need to retain a lawyer to intervene to address this it seems. 

Can a lawyer help me get my title from previous owner?

Answered 5 years and 3 months ago by attorney Mark Tischhauser, Esq.   |   1 Answer
Cheaper to pay him the money he asks, unless its crazy money, because you ae imposing on him for your problem. Otherwise you will spend thousands on a lawyer to sort it out. 
Cheaper to pay him the money he asks, unless its crazy money, because you ae imposing on him for your problem. Otherwise you will spend thousands on... Read More

Need representation

Answered 5 years and 4 months ago by attorney Mark Tischhauser, Esq.   |   3 Answers
You need to get with a personal injury lawyer ASAP to establish an "estate" as there may be a claim for your mother death against the other driver. There will need to be a personal representative appointed that can actually hire a lawyer, and that might be you or someone elese if there is a will. Equally your sister may have a similar claim which she can pursue for her injuries. With the crash happeing just over a year ago, its possible that an actual lawsuit has not been filed, but rather an insurance claim made, and that might make a huge difference in how this is addressed. You can call our office at 1-800-922-6442 if you have further questions. ... Read More
You need to get with a personal injury lawyer ASAP to establish an "estate" as there may be a claim for your mother death against the other driver.... Read More

real estate fraud in michigan

Answered 5 years and 4 months ago by attorney Mark Tischhauser, Esq.   |   1 Answer
You will need to retain a Michigan lawyer to address this as it seems this is viewed as a fraudulent transfer. 
You will need to retain a Michigan lawyer to address this as it seems this is viewed as a fraudulent transfer. 
This all revolves around who paid for the vehicle and who invested what it in it. Its unlikely a civil theft issue exists BUT she can still sue for money damages and equally can come take the vehicle as its equally hers and you are denying her equal use of the vehicle. You will likely need to retain a lawyer to sort all this out properly before it escalates further. ... Read More
This all revolves around who paid for the vehicle and who invested what it in it. Its unlikely a civil theft issue exists BUT she can still sue for... Read More

Can I sue a walk in tub installation company?

Answered 5 years and 4 months ago by attorney Mark Tischhauser, Esq.   |   1 Answer
but you signed a release and thats a problem. You will need to have a lawyer review the release which will likely cost you more than the $250.00 you got paid. You should have consulted with a lawyer before you signed any release. 
but you signed a release and thats a problem. You will need to have a lawyer review the release which will likely cost you more than the $250.00 you... Read More
Sure. A cease and desist letter is a common starting place for such issues. 
Sure. A cease and desist letter is a common starting place for such issues. 
Your proposed motion makes no sense. Thats a clear indication you are in over your head in litigation. You need to consider retaining a lawyer or finding some other means of resolving the dispute. 
Your proposed motion makes no sense. Thats a clear indication you are in over your head in litigation. You need to consider retaining a lawyer or... Read More