Florida Libel, Slander And Defamation Legal Questions

This is not a case most lawyers would consider, especially as a defamation case, unless it was UNDENIABLE that the allegations were completely fabricated. Just because you were found "not guilty" of a criminal charge does NOT equate to innocence nor does it avoid the "where there is smoke there is fire" aspect of public opinion in general. All you can do is simply keep contactoing lawyers until you find one that might be interested that you can afford to hire or that you satisfy yourself that its not a viable case to pursue. Understand however, that unlike a criminal trial, where you have 5th amendment privilege - you DO NOT generally have that in a civil trial postured as yours would be - which can be problematic if the defendants dig deep in to your past and internet history and might find unsavory issues or events. I point this out because people often fantacize that people being sued will not find out other details that might be embarrassing or humiliating and the scope of the civil discovery is often far greater than that in a criminal case. ... Read More

It all depends on the issues. There are "tickets" that are for criminal cases denoted as a "notice to appear." By example criminal reckless driving might result in a "notice to appear" ticket rather than arrest at the scene by the officer. You may have to retain a criminal defense lawyer to sort this out. " ... Read More

That you lived there or cared for your brother is of no consequence. Upon his death, its no longer your brothers home, it is either the estates or the person identified in the LBD if its valid. Because there is an LBD and no will you will need to retain a probate lawyer to address this is immediately. ... Read More

There is no way to assess this absent hiring a lawyer to review the details. That stated, HOA boards are essentially political organizations and typically carry a higher standard for "defamation" of "actual malice." There are also privilege issues associated with discussions within the board about the activities of other members or improprieties claimed. As to reputation issues, these revolve around the actual statements made,  to whom and how. By example, its possible that the facebook comments may be a problem for the offending board members if they are made outside of official channels, etc. You will likely need to retain a lawyer to review these issues and possibly start with a cease and desist demand, possibly board sanctions if the rules were violated, or litigation if the case circumstances support same. ... Read More

I am confused. If DCF and law enforcement found no violation and no charges were filed, WHO is suing you? If its the mother, this would certainly be a case, where based on your statements, she would have a "set of stones" to actually file a lawsuit where you would have the ability to put her under oath and subpoena records related her THC use. At the same time, if you DO smoke weed or have THC products at your property, that equally applies to you. If an actual lawsuit was filed, you will need to spend the money to retain a lawyer to defend the lawsuit so that you don't end up with a bad result out of self lawyering or inadvertently botching things up. Many plaintiffs file lawsuits hoping the defendant will default so they can "win" the case. ... Read More

Was the person committing the slander acting in the course and scope of his employment when the defamation occurred or was this just an individual acting on his own? Reason is that if it's just a person acting in his individual capacity then it's highly unlikely that any policy of liability insurance will cover this. Homeowners insurance policies rarely cover these types of torts unless the homeowner purchases a policy rider. In contrast, business liability insurance policies almost always covers defamatory statements made by their employees. If there's no insurance to go after, you can always still sue the speaker but it will be very difficult to get a lawyer interested in your case. Discuss with counsel here in Florida for more specific advice. ... Read More

This is an issue for your union rep to deal with if there is a violation of a collective bargaining agreement or some policy over which the PEA has dominion. Otherwise, by the time you spend the money to sue the PCSB, the issue will have resolved with the end of the school year, making the issue moot other than drawing attention to the issue should the student act out on the threats. ... Read More

No. You were not a party to the action, unless you were the estate PR, and the lawyer is not required to provide you any records, especially from 20 years ago, assuming they actually had them. You would need to get them from the PR for the estate, assuming there is no confidentiality provisions, again that assumes anyone evem has such records 20 years later. ... Read More

This is unfortunately too broad of a question to answer in a blurb. Defamation is general a statement made to third parties that is known to be false and that causes actual damage to a persons reputation. What is needed to prove this could be a wide variety of things depending on the circumstances. ... Read More

You may have a case. You would need to prove the falsity of the allegations and also that the statements were published to a third party which caused you damages. I have successfully brought a case against a media company but every case is uniuque and fact specific. Reach out to counsel here in the state of Florida for possible contingency fee representation which means you pay nothing unless you win. ... Read More

Most lawyers are aware that a corporation must be represented by counsel in legal proceedings. See, e.g., Szteinbaum v. Kaes Iversiones y Valores, C.A., 476 So. 2d 237 (Fla. 3rd DCA 1985). However, Florida Small Claims Rule 7.050(a)(2) (2007), provides that a corporation “may be represented at any stage of the trial court proceedings by an officer of the corporation or any employee authorized in writing by an officer of the corporation.”So in your fact pattern, you did not specify whether the case is in a small claims court. If it is in a small claims court, then it appears that your husband does not need an attorney. If it is in a higher court, then yes your husband needs counsel.    ... Read More

None. The LL can raise the rent to whatever they want each lease period. If there are expensive repairs needed to the property - this cost gets passed on to the tenant. There is no $500.00 a month rent with $10,000.00 of repairs needed to rent the unit. Your COVID issues have no bearing on a residential rental. If the rent is too high or the value to little for the cost, you don't continue the rental or sign a new lease, you move elsewhere if there is a better deal. ... Read More

You can't have your cake and eat it too. You can't sue to make people like you or treat you as you demand. The remedy here is to move. If you claim you can't move, then you will to find the means to act like an adult and ignore "the bad words" or the "bad man." You can file a complaint with the management, BUT, you might find this esacalates the issue rather than lessens it. In the meantime if you reside there you will have to pay the rent or you risk an eviction. ... Read More

"I also have lots of proof of false allegations according to her police statement that can debunk her lies" Yet it seems YOU agreed to allow an injunction to be entered against you. Seems inconsistent with your claims of innocence. That stated, you need to retain the lawyer now you should have when the injunction was filed to address this properly before this gets further "off the rails." ... Read More

We smart people say -- So? There is simply nothing factually stated here other than "They are rich! and I want some!." You provide only your own self serving conclusions such as "they libeled me" where properly - you need to leave the conclusions to the lawyers and just present the facts. Equally, not sure how you have an EEOC issue if you relate that you have your own business as there are no protections for business vs. business disputes. While you might have a legal case in the morass of issues you related - you will need to plan on spending money out of pocket as you won't generally find coherent lawyers willing to take such cases on a contingent fee and those that do - sadly - typically with draw after a few months once it becomes clear that no one is stroking a $1,000,000.00 settlement check. I say this so you can better prepare for what you will need to do if you truly expect to pursue such a case. ... Read More