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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 9
Do you have any Florida Civil Litigation questions page 9 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.
Civil Litigation
Florida

Recent Legal Answers

Do I have a case????

Answered 7 years and 11 months ago by attorney Mark Tischhauser, Esq.   |   1 Answer
Possibly - depends on several issues. The real problem is ther doesnt seem to be much in the way of damages.
Possibly - depends on several issues. The real problem is ther doesnt seem to be much in the way of damages.

will i be able to recover the cost of a the car I had to buy as mine was totaled, from the ins co of the driver at fault

Answered 7 years and 11 months ago by attorney Stephen Arnold Black   |   1 Answer
Most counsel will represent u gratis if they take on your injury case. However if you are not injured then retain counsel for the property loss claim. Good luck.
Most counsel will represent u gratis if they take on your injury case. However if you are not injured then retain counsel for the property loss... Read More

On 3/26/18 my checking account had 6 charges from straight talk wireless for nearly 440$ each. I do not and never did have an account with this compan

Answered 8 years ago by attorney Mark Tischhauser, Esq.   |   1 Answer
You may need to hire a lawyer if this is an ID theft issue. 
You may need to hire a lawyer if this is an ID theft issue. 

If someone posts something on Facebook that could really harm your reputation and you can prove it’s not true can they be sued and forced to apologize

Answered 8 years ago by attorney Mark Tischhauser, Esq.   |   1 Answer
Yes. This is called a defamation lawsuit.We handle such cases - including social media defamation.
Yes. This is called a defamation lawsuit.We handle such cases - including social media defamation.

Mom wants me to come and stay or visit but my younger brother attacks me now. He has issues. She is of sound mind. He is afraid of death. she is 88

Answered 8 years ago by attorney Mark Tischhauser, Esq.   |   1 Answer
YOu need to retain a lawyer to address this as a family issue. You will not find blurbs on the internet to address this. 
YOu need to retain a lawyer to address this as a family issue. You will not find blurbs on the internet to address this. 

I believe my neighbors are conspiring to have me thrown out of the mobile home I own in an RV resort. I may lose my home. I need help.

Answered 8 years ago by attorney Mark Tischhauser, Esq.   |   1 Answer
One of the risks of "feuding" with people is you end up losing the fight. You now will likely have to hire a lawyer at some expense to defend these issues or likely accept that you will have to move elsewhere. 
One of the risks of "feuding" with people is you end up losing the fight. You now will likely have to hire a lawyer at some expense to defend these... Read More

my parents live on a dirt road, then county put down lime rock , they both have medical lung problems now , they have letter from there drs

Answered 8 years ago by attorney Mark Tischhauser, Esq.   |   1 Answer
Not likely - hey are protected by soverign immunity to start with. 
Not likely - hey are protected by soverign immunity to start with. 

my mom was arrested on a lie and the case was thrown out do we have a case for malicious prosecution?

Answered 8 years ago by attorney Mark Tischhauser, Esq.   |   1 Answer
I can assure you that there is far far more to this than the facts presented. Your mom, not you, needs to hire a lawyer, likely at some expense to review the ACTUAL facts and go from there. 
I can assure you that there is far far more to this than the facts presented. Your mom, not you, needs to hire a lawyer, likely at some expense to... Read More

my case is in florida need civil litigation attornet and not for inury

Answered 8 years and a month ago by attorney Mark Tischhauser, Esq.   |   1 Answer
Our office handles gerneral civil litigation. HOwever if you have such an old case and issues with prior lawyers, most lawyers would not be inclined to take such a case on a "contingent fee" regardless of how collectable you claim the ex/GF  espectially if this is some form of civil theft issue. You can call for a free consult at 1-800-922-6442 if you like. ... Read More
Our office handles gerneral civil litigation. HOwever if you have such an old case and issues with prior lawyers, most lawyers would not be inclined... Read More

I bought a product from a man in California and Im in Florida, to start legal action should I hire a Florida or California attourny?

Answered 8 years and a month ago by Aric N. Williams (Unclaimed Profile)   |   1 Answer
Hello,    Jurisdiction would be easiest to pursue in California since he is located in California. There is an argument to be made that Jurisdiction can be enforced in Florida but that would be a battle to show he conducted business and purposefully availed himself to Florida courts. My firm handles litigation in both California and Florida. Please email me more details to aric@aricwilliamslaw.com on this man in California so I can better determine whether or not Jurisdiction is enforceable in Florida (if that is where you prefer to commence litigation).  ... Read More
Hello,    Jurisdiction would be easiest to pursue in California since he is located in California. There is an argument to be made that... Read More

When hearing small claims eviction cases, do judges look at prior judgements?

Answered 8 years and a month ago by attorney Mark Tischhauser, Esq.   |   1 Answer
Nope - judges will not do a litigants dirty work for them. The litigants present the case in proper fashion and the court just rules on the proper evidence presented. If you have such little knowledge about the process you REALLY need to hire a landlord attorney to represent in that regard. ... Read More
Nope - judges will not do a litigants dirty work for them. The litigants present the case in proper fashion and the court just rules on the proper... Read More

How do I recover expenses for my damaged car

Answered 8 years and a month ago by attorney Mark Tischhauser, Esq.   |   1 Answer
If there was no insurance on your car to cover the issue from YOU, then you likely have a CARMACK Amendment case which is a Federal  DOT rule that addresses interstate mover liabilty, disclosures and the like. These can be expensive and difficult cases to litigate if the mover crossed the T's and dotted the I's so the expense of such litigation will need to be weighed against the value of the repairs. ... Read More
If there was no insurance on your car to cover the issue from YOU, then you likely have a CARMACK Amendment case which is a Federal  DOT rule... Read More

can i travel if a judgement is brought against for me being sued?

Answered 8 years and 2 months ago by attorney Bruce Robins   |   1 Answer
From your question I can't tell if you are just being sued or if a judgment has already been entered against you.  Neither a US lawsuit or money judgment would affect your right to travel. but I don't know if Jamaican law is the same.
From your question I can't tell if you are just being sued or if a judgment has already been entered against you.  Neither a US lawsuit or money... Read More

I live in Manatee County, Florida but need to sue someone residing in Sarasota County, FL. Do I file in my county court or theirs?

Answered 8 years and 2 months ago by attorney Mark Tischhauser, Esq.   |   1 Answer
Your best bet is to hire a lawyer to address any litigation case. Even small claims is not Judge Judy - its real court. 
Your best bet is to hire a lawyer to address any litigation case. Even small claims is not Judge Judy - its real court. 

Mold infested apartment

Answered 8 years and 2 months ago by attorney Mark Tischhauser, Esq.   |   1 Answer
You will likely need to actually HIRE a tenant lawyer to send proper notices to the LL and assist in terminating the tenancy if the LL doesn't do the proper repairs. 
You will likely need to actually HIRE a tenant lawyer to send proper notices to the LL and assist in terminating the tenancy if the LL doesn't do the... Read More

How do I file a slander/defamation of Character against someone

Answered 8 years and 2 months ago by attorney Mark Tischhauser, Esq.   |   1 Answer
You will need to hire a lawyer to handle such a case as thety are very expensive and difficult cases in general. This is not a DIY type case. 
You will need to hire a lawyer to handle such a case as thety are very expensive and difficult cases in general. This is not a DIY type case. 

How to remove my daughters name from my deed, she refuses to corporate

Answered 8 years and 2 months ago by attorney Mark Tischhauser, Esq.   |   1 Answer
You don't. Depending on how the deed was drafted you will need to hire a lawyer to file a legal action for partition or possibly contribution. Otherwise maybe the lawyer can facilitate a settlment where oneside buys out the other to resolve the dispute. 
You don't. Depending on how the deed was drafted you will need to hire a lawyer to file a legal action for partition or possibly contribution.... Read More

I have a problem with the failure of teacher/principal to protect my granddaughter from a culturally violent mexican DACA

Answered 8 years and 2 months ago by attorney Mark Tischhauser, Esq.   |   1 Answer
Other than announcing "a problem" not sure what you are expecting to achieve, what your goal set is, etc. If you are wanting to "take on the system" and use this isntance as a cause to champion immigation reform, you'll need some super deep pockets to even start to entertain such an issue.
Other than announcing "a problem" not sure what you are expecting to achieve, what your goal set is, etc. If you are wanting to "take on the system"... Read More

What form do I need to fill out to represent myself in court?

Answered 8 years and 2 months ago by attorney Mark Tischhauser, Esq.   |   1 Answer
None. You just file your pleadings Pro-Se. You may want to check out the 5 Hour law school. 
None. You just file your pleadings Pro-Se. You may want to check out the 5 Hour law school. 

Can I suit my hoa for harrassment, emotional distress, and false accusations.

Answered 8 years and 2 months ago by attorney Mark Tischhauser, Esq.   |   1 Answer
If you have the money to invest in legal fees and expenses to do so, anyone can be sued for anything.Whether you win or not would revolve around the actual facts and details. 
If you have the money to invest in legal fees and expenses to do so, anyone can be sued for anything.Whether you win or not would revolve around the... Read More

I would like to know the precise cause of death of my loved one. How do I go about obtaining an autopsy even after she has been put in the grave?

Answered 8 years and 2 months ago by attorney Mark Tischhauser, Esq.   |   1 Answer
This would entail a BERY expensive process of exhuming a body for a foresnic examination and you would need to legitimately good cause as judges will not be inclined to order exhumation simply out of curiosity. 
This would entail a BERY expensive process of exhuming a body for a foresnic examination and you would need to legitimately good cause as judges will... Read More

neighbor disputes

Answered 8 years and 2 months ago by attorney Mark Tischhauser, Esq.   |   1 Answer
The answer is simple. Unless you want to soend an inordinate amount of money on legal fees addressing this issue, you are moving. That wil eliminate the problem. 
The answer is simple. Unless you want to soend an inordinate amount of money on legal fees addressing this issue, you are moving. That wil eliminate... Read More

Not sure if it is comsidered defamation or slander

Answered 8 years and 3 months ago by attorney Mark Tischhauser, Esq.   |   1 Answer
"Insinuating that my spouse may not be the father of our child, for all he knows he could be the father. " THAT type of issue really goes to the core of the inquiry about "defamation" combined with the perhaps inadvertently omitted denial of the allegations of infidelity. To be clear, making allegations alone is not actionable at all,  nor is telling the truth on someone, even with a mean spirit. Now assuming the allegation ARE FALSE then you would possibly have a defamation or some similar type of lawsuit against the ex-brother  in law. As such lawsuits are typically very expensive to fund, you will need to weigh the cost vs the situation as to whether such a lawsuit is viable. ... Read More
"Insinuating that my spouse may not be the father of our child, for all he knows he could be the father. " THAT type of issue really goes to the... Read More

Defective back pocket snap in shorts damaged my car interior

Answered 8 years and 3 months ago by James W Grimsley (Unclaimed Profile)   |   1 Answer
You could file suit in Small Claims Court ("SCC"). SCC is designed for the public to be able to file a claim without an attorney. With a little research and a $300 investment, you could get your claim filed. The trick would be getting service on the manufacture. I don't think you have a very strong case, legally speaking, but it could work. They might not even defend the suit, and you could win by default. Your other option would be to call and complain. This might be more effective. But if you manage to get a judgment, call a debt collection attorney, and get them to help you collect the judgment. Usually, legal fees are recoverable for post-judgment collection actions. I would expect this project to require an investment of 40-100 hours of your time, primarily in research, and you should have a result in 3-9 months. Good Luck.  ... Read More
You could file suit in Small Claims Court ("SCC"). SCC is designed for the public to be able to file a claim without an attorney. With a little... Read More

My boyfriend agreed to make payments on a truck I bought and has now refused to do so

Answered 8 years and 3 months ago by attorney Mark Tischhauser, Esq.   |   1 Answer
Your likely going to have to spend a good deal of money on a lawyer to skip trace his guy and serve him with a "replevin" type lawsuit in conjunction with hiring a private repo agent to try to locate and repo the car. You can try reporting it stolen but under the facts presented law enforcement will probably treat this as a "civil matter" not a crminal one... Read More
Your likely going to have to spend a good deal of money on a lawyer to skip trace his guy and serve him with a "replevin" type lawsuit in conjunction... Read More
Civil Litigation
Florida

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