Florida Commercial Litigation Legal Questions

Your questions are too complex to really give you specifics but this is some general information. Since you have no written agreements concerning what might happen if the business broke up you may have some difficulty. Many times businesses will have members sign a non-compete agreement. Violating that agreement can be the subject of a civil case. But you do not have that in your situation. Depending on the specific facts and what the understanding was between the two of you in case your relationship ended, you may be able to assert some type of civil claims (i.e. some type of breach, fraud, tortious interference). What you might be able to claim really depends on the specific facts though. You can represent yourself but if it your company making the claim then you cannot and will need an attorney. Even if it is you suing as an individual, this situation sounds more complex and you should seek out a commercial litigation attorney. As far as him now seeking to reduce his child support, your business claims would more likely need to be dealt with in a seperate forum as the family court would probably not have jurisdiction to hear those claims. Again, discuss with a commercial litigator. ... Read More

The e-mail will probably be fine, although it never hurts to enter into an agreed order with the court.  In the event that the other attorney attempts to move to compel, you can attach the e-mail to show that an agreement was made prior.  If they are naming you as a corporation in the complaint, as opposed to as an individual, you will need an attorney to represent your company.  Corporations in the state of Florida must have an attorney representing them, individuals do not.  If you need more information, you can call my office at 954-727-8285... Read More

You should look for an attorney with a strong background in civil litigation.  I would recommend an attorney who regularly handles commercial matters and has actual trial experience.  Look for a firm that is AV rated by Martindale-Hubbell, or rated by SuperLawyers, and you can feel confident that you will be well represented.... Read More

call sheriffor file suit call to discuss further thx   joe Joseph R. Kalish P.A.Attorney-At-Law13153 N. Dale Mabry Hwy., Suite 115 Tampa, Florida 33618E-mail: josephkalish@aol.com (Use this email for all correspondence and pleadings).WebSite: josephkalish.com Telephone (813)962-8685 Office (813)962-1588 Fax... Read More

It is hard to answer this question without all of the facts. In particular, one would need to know the exact terms of the contract for the Lifetime Membership. If you upheld the terms of your contract and they still canceled it, then it is possible you would have a valid claim for breach of contract. Also, depending on the jurisdiction in which you bring a claim, you may have some rights under consumer protection statutes. I wish I could tell you more, but without reviewing the terms of the contract, the best answer is "maybe." Note: I have answered what I assume to be a hypothetical question and expressly do not intend that an attorney-client relationship be created or presumed as a result of this answer. If you hire counsel, you should ask your own lawyer to be certain. This response is offered for informational purposes only. Only a lawyer fully versed on the facts and circumstances of your case can properly advise you on the case. I am licensed to practice in New Jersey and New York, not every state. You should always consult with an attorney licensed in your area on how best to proceed.... Read More

Possibly. See an attorney to see if a motion can be made to set aside the default judgment -- generally something that can only happen for good cause. You do not explain why you did not receive notice. If you have a good reason for not receiving notice (e.g., you were in the hospital in a coma), a court may set it aside.... Read More

With rare exceptions, a successful plaintiff must show not only that the other party has somehow committed a wrong against him/her/it (on the surface, it appears that you may be able to do that), but also that he/she/it has suffered damages from the wrong.  From the little you have written, it does not appear that you have suffered any damages from "almost" choking.... Read More

I anticipate that you may have signed the lease agreement in your individual capacity.  If so, it may be possible for the landlord to seek outstanding rents in court.  You can attempt to negotiate the remaining lease payment with the landlord directly, but if you cannot come to some type of agreement, you will need to seek the assistance of a lawyer in your local area to protect your interests.... Read More

If the client is no longer operating, you would do well to close the books and send in final tax returns indicating the closing of the business.  You may want to dissolve the company under state law, but only for finality.  You could file a bankruptcy case, but that will only stir up issues and will cost money, so there is no reason to do so, unless creditors are bothering you and you want to put an end to it, or unless there is some asset you want to not be responsible for.  FIling will at least temporary pas the problem on to the trustee, who will eventually abandon the asset.  As a practical matter, that should be the  end of it, as non-bankruptcy lawyers don't usually understand what the abandonment of an asset in a business chapter 7 means.  Cynical, but true advise.... Read More