Florida Litigation Legal Questions

You get a pice of paper called a judgment declaring your entitlement to recover the money. THEN its up to you to use the court authority to try to collect it. If they don't have the money or enough assets you can get to, then you collect nothing. This is the concept of being judgment proof.... Read More

There is no way to answer this question without the specific details. That said there is no general prohibition against discrimintation or retaliation by the landlord unless it violates very specific limitations. You will likely need to spend the money to hire a lawyer to review the details and advise you from there. The practical issue, if you think the landlord has targeted you to force you out, is to review your lease and determine whether its more efficient to work with the LL to terminate the lease and move somewhere that you will be appreciated as a tenant.... Read More

Not likely, as its your responsibility to "mitigate" collateral and consequential damages and most such damages are not recoverable in a general contract sense unless they were foreseeable. There are literally dozens of options available to allow you to maintain online content. Its also depends on whether there is a legitimate reason the laptop is not repaired such a delay with sourcing a part. That said, you should demand that they either fix the laptop, provide you a concrete reason why it has not been fixed and when it will be or that you simply take the laptop back and have it fixed elsewhere. ... Read More

There is no means for a "highly skilled" lawyer to address an issue in which you have actual legal counsel that represents you dealing with a criminal prosecution in an internet blurb nor is there an inherent means to dismiss or "throw out" criminal prosecution simply because you find it disagreeable, inconvenient or that you have somehow suffered financially as a result. The fact that you claim you did nothing wrong, whether that is true or not, is of little consequence if the State Attorney and the "victim" contend differently. I would urge you to have a serious discussion with your existing lawyer about the pros and cons of the settlement offer and the details of your case. If you cannot get on the same page, you may need to discuss the need to change counsel and hire a new lawyer that might have a different perspective on acheiving a favorable resolution. You also want to be wary of posting public comments on social media or internet Q&A forums as those comments might be found by investigators and potentially used against you. You should restrict your disclosures to communications in which you have attorney client privilege. Hope you get this worked out to a favorable result. ... Read More

Judgement debtors cannot "cancel" a writ of garnishment. If there is a legitimate exemption, that needs to be timely filed and then there is usually a hearing for the court to determine if the exemption is valid. If it is the writ is disolved  - if not the court will determine the amount taken from each paycheck or the amount taken from bank accounts etc. ... Read More

You will likely need to spend the money to hire a lawyer to address this. If the LL does not properly comply with Fla. Stat. 83.49 there is often argument that they waived the right to any claims against the security deposit. The LL is likely gambling you won't spend the money and they will keep the funds when you simply move on.... Read More

What you are asking is a very high risk, low yield,  and exceptionally expensive legal issue, with mandamus or prohibition both being EXCEPTIONAL writs, not to mention that most legal precedent will be adverse to prohibiting the courts from hearing a lawful action because a defendant feels the case is unwarranted. That said, you also don't want to post comments in public if you are actively involved in a legal proceeding. Your best bet is to use Google to identify a number of lawyers that you think might be interested in the case and contact them directly to inquire about the details. Be prepared to pay a substantial retainer for such a case as a general rule. ... Read More

You would have to sue the government agency who was responsible for maintaining the stop sign etc. Many lawyers do not want to get involved in litigation with sovereign entities because government agencies hardly ever settle and usually take every case to trial. But don't let this discourage you in your search. Keep looking! ... Read More

Dear Frank, That may be a viable theory of liability for which you should contact a Personal Injury Attorney as soon as possible to fully investigate this matter- and hopefully obtain representation. Choose an experienced professional to guide and advise you who can determine any and all responsible parties and insurance coverages, including any and all first party coverages. However, if you are interested in consulting with one of us, you will have to reach out, as attorneys are unable to directly solicit on this forum.... Read More

This is a question for the board counsel as it depends on the details of the board charter and association rules. If this is a board run business, I would expect that there is a right to full accounting of the expenses for the business operation. Again, that would be addressed by the board counsel as to how to address that. ... Read More

Its literally impossible for you to have been sued and have a judgment recorded against your property and never learn of it until 5 days prior to a foreclosure sale, unless you intentionally avoid doing so. Thats critical because you will now have to spend a good deal of money hiring a lawyer to immediately figure out what ACTUALLY happened to see what remedies may be available, including possibly filing a bankruptcy to seek an automatic stay. Retain a real estate lawyer to address this immediately. ... Read More

You may be able to sue the driver for property damage, as well as personal injury, damages, and recover based on the insurance policy limits of the auto coverage. If he has an umbrella policy, or another insurance policy, that would cover these damages, that would also be a source of recovery.     ... Read More

Ms. Raines,  I'm sorry this happened to you.  It actually happened to my wife and I many years.  we were lucky and only the dryer was damaged. Regarding your question of whether you can get more than just a refund, it is going to depend on what actually caused the fire.  For example, if the dryer was defective and that was the cause of the damage, it is possible to make a claim for the damage to your house.  but, if, for instance, the dryer caught fire because there was excess lint in the trap, then making a claim would be very difficult. Considering the recall and the company's willingness to get a refund, I suspect the fire was caused by a defective product.  You should call a products liability attorney to discuss this. but, you are likley going to encounter that most products liability lawyers dont handle claims just for property damage. Bringing products liability claims is very expensive. I would suggest sending the company a complete estimate for the repairs that are needed/already finished and ask them to pay for it.  See what their response it.  Good luck! Tim ... Read More