Florida Litigation Legal Questions

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282 legal questions have been posted about 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 complex litigation, complex and multi-district litigation, and civil litigation. All topics and other states can be accessed in the dropdowns below.
Florida Litigation Questions & Legal Answers - Page 2
Do you have any Florida Litigation questions page 2 and need some legal advice or guidance? Ask a Lawyer to get an answer or read through our 282 previously answered Florida Litigation questions.

Recent Legal Answers

What can I do to stop a 24 hour eviction notice?

Answered 3 years and a month ago by attorney Mark Tischhauser, Esq.   |   1 Answer
Unfortunately, "I have no where else to go" does not entitle you to live in someone elses property if they don't want you there or if you aren not paying the required rent. That won't stop a writ of possession from being effected. You would need a legal reason for a stay and likely be required to post a bond for ALL the rent due to get any meaningful extension. For future planning - when you get served with an eviciton lawsuit - you are on notice that you are likely to be forced out and need to start fidning "plan B" at that point - not when then writ gets issued. ... Read More
Unfortunately, "I have no where else to go" does not entitle you to live in someone elses property if they don't want you there or if you aren not... Read More

Can I sue?

Answered 3 years and a month ago by attorney Mark Tischhauser, Esq.   |   1 Answer
Such cases typically go no where unless prior to ordering the meal you made explicitly clear that you could not eat pork for religious reasons. That YOU perused a menu but said nothing does not do much for such a claim or case, as menu's constantly change. Equally, from a religious perspective, for most that have such prohibitions the mere contact with prohibited foods would also be an issue, such as with Halal or Kosher requirements. Unless you specified, you would be in the same situation potentially if the chicken was cooked in bacon grease or next to shellfish, etc. because you did not specify to see if they could accomodate. You can try to push the issue to see if they will do something for you, but if you are looking for the cost of a trip overseas for some purification or cleansing expense,  or some substantial monetary value, this is not a solid case for such. ... Read More
Such cases typically go no where unless prior to ordering the meal you made explicitly clear that you could not eat pork for religious reasons. That... Read More

Can I sue my defense attorney in Florida?

Answered 3 years and a month ago by attorney Mark Tischhauser, Esq.   |   1 Answer
Sure. If you can prove the lawyer was negligent and was the cause of your damages, as opposed to the State's successful prosecution. Whether you win or succeed, or its worth the expense to pursue such a case is a different issue. 
Sure. If you can prove the lawyer was negligent and was the cause of your damages, as opposed to the State's successful prosecution. Whether you win... Read More

i am a plaintiff in civil case of libel

Answered 3 years and 2 months ago by attorney Mark Tischhauser, Esq.   |   1 Answer
Unfortunately, 99% of competent lawyers will not take such cases on a contingency basis. You will likely need to be prepared to spend money out of pocket pursuing such a case. These are primarily based on finaincial issues - not necessarily legal ones, as it is rare for there to be insurance coverage or a collectable defendant in such cases. If you are looking to hire a lawyer - make it clear you are willing to pay a retainer up front for the work so you don't get rejected out of hand. ... Read More
Unfortunately, 99% of competent lawyers will not take such cases on a contingency basis. You will likely need to be prepared to spend money out of... Read More
Yes your friend may have a case against her landlord for sexual harassment under the fair housing act. She should retain counsel here in Florida on contingency fee which means she pays nothing unless she wins.       My cell phone 407-616-6502
Yes your friend may have a case against her landlord for sexual harassment under the fair housing act. She should retain counsel here in Florida on... Read More

Should I get a divorce ?

Answered 3 years and 4 months ago by attorney Mark Tischhauser, Esq.   |   1 Answer
Sorry - you don't get "everything he got" simply because you have a failed marriage and an affair. This is an issue for you to address with a divorce lawyer and a counselor. 
Sorry - you don't get "everything he got" simply because you have a failed marriage and an affair. This is an issue for you to address with a divorce... Read More

What is it I can do

Answered 3 years and 4 months ago by attorney Mark Tischhauser, Esq.   |   1 Answer
Those facts do not provide a basis for legal action, as it may well have been for any number of reasons including simply an accident. That aside, if there is some claim that this was intentional, the issue starts with WHY? If you think this was improper, you can report this to the school as a "battery" and can also file a report with law enforcement equally. BUT - you need to be clear this not an issue of disciplining your child as you may equally send your child on the wrong path with "helicopter parenting" that reinforces a childs misconduct with parental support and teaches them to disrespect authority. ... Read More
Those facts do not provide a basis for legal action, as it may well have been for any number of reasons including simply an accident. That aside, if... Read More

what are the steps to a enviction

Answered 3 years and 4 months ago by attorney Mark Tischhauser, Esq.   |   1 Answer
Sorry, this is not a primer class for pro-se litigant landlords to cheap out and avoid highering land lord lawyers. As a tenant lawyer, I can assure you that doing so is a fact track to running afoul of expensive landlord tenant litigation over a bad eviction. If you need to evict someone - you need to retain a lawyer to do so. ... Read More
Sorry, this is not a primer class for pro-se litigant landlords to cheap out and avoid highering land lord lawyers. As a tenant lawyer, I can assure... Read More

Anyone want an easy case thatโ€™s already won?

Answered 3 years and 5 months ago by attorney Mark Tischhauser, Esq.   |   1 Answer
If it was so easy, why are you asking others to do the work? That said, there is no contempt of court for failing to pay. Many times the issue is the defendant is judgment proof and that is the primary reason lawyers will not likely take the such a case on a contingent fee as they will not take the risk of not getting paid and you won't want to pay an hourly rate. You may want to contact the DMV and the Consumer Affairs folks to see if they will get involved but they will not likely enforce your judgment.... Read More
If it was so easy, why are you asking others to do the work? That said, there is no contempt of court for failing to pay. Many times the issue is the... Read More
This may be a malpractice lawsuit against your doctor not a products liability case. VUVITY eye drops are specifically contraindicated for people with risk of a detached retina. Unfortunately 3 months work is generally not enough to support a med-mal case as such claims are typically focused on permanent injuries due to the cost of investigating and presenting such cases. ... Read More
This may be a malpractice lawsuit against your doctor not a products liability case. VUVITY eye drops are specifically contraindicated for people... Read More
You would be better off going through your own company or the other side or finding a body shop on your own. If you have been injured, reach out for consultation asap. We cannot directly solicit you.   Loren L. Gold, Esq.
You would be better off going through your own company or the other side or finding a body shop on your own. If you have been injured, reach out for... Read More

Time limits for ongoing?

Answered 4 years ago by attorney Loren L. Gold   |   1 Answer
    Hello Barbara, A Personal Injury/ Medical Malpractice Attorney can assist you in exploring these issues by interviewing you in depth and reviewing your medical records prior to potentially sending them out for review by the appropriate medical experts. We all give free consultations; however, you will have to reach out, as we are unable to solicit on this forum. Do not delay, as the Statute of Limitation for bringing a Medical Malpractice lawsuit is relatively short given the complexity involved in such cases.... Read More
    Hello Barbara, A Personal Injury/ Medical Malpractice Attorney can assist you in exploring these issues by interviewing you in depth... Read More

plavix and toradol lawyers

Answered 4 years ago by attorney Loren L. Gold   |   1 Answer
Hello Bernard,   A Personal Injury / Medical Malpractice attorney can investigate this matter and determine all possible responsible parties.. Medical Records will need to be obtained and reviewed to determine whether the standard of care was breached by medical provider(s) and/or whether this is a potential Product Liability case.  Choose an experienced professional to guide and advise you and evaluate your potential claim. 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. There are requirements to follow and deadlines, so do not delay.... Read More
Hello Bernard,   A Personal Injury / Medical Malpractice attorney can investigate this matter and determine all possible responsible... Read More

If I let someone borrow my car and they do not return it can I claim it stolen and report it to the cops?

Answered 4 years and 4 months ago by Adolfo A. Podrecca (Unclaimed Profile)   |   1 Answer
ask the police your question just like you have it here if they refuse to help you, you would need to go to civil court and sue the person involved I could sue the person involved for you but I would bill you $250 per hour and I would need a $3,000 retainer up front from which to pay my fee... Read More
ask the police your question just like you have it here if they refuse to help you, you would need to go to civil court and sue the person... Read More

Can you motion bad eviction notice.

Answered 4 years and 4 months ago by attorney Bruce Robins   |   1 Answer
You can include any defense you have to the eviction claim in  your answer, including any defects in the notice or other paperwork your received.  That doesn't necessarily mean that those errors will be sufficient for you to withstand eviction, but you can certainly raise them. ... Read More
You can include any defense you have to the eviction claim in  your answer, including any defects in the notice or other paperwork your... Read More
Not generally as there is no duty rescue - especially in your own home. Hopefully you called 911 afterwards and the attacker was arested and convicted as thats also your first point for legal liability. 
Not generally as there is no duty rescue - especially in your own home. Hopefully you called 911 afterwards and the attacker was arested and... Read More
You don't say whether you are in Florida state or federal court.  I don't know specifically about Florida state court, and it could possibly be different, but in every court in whch I've appeared, filing an answer on behalf of a party would constitute a notiece of appearance, there would be no need for a separate notice of appearance.... Read More
You don't say whether you are in Florida state or federal court.  I don't know specifically about Florida state court, and it could possibly be... Read More
Probably Florida counsel to defend that issue. 
Probably Florida counsel to defend that issue. 
What is the need for the distinction? 
What is the need for the distinction? 
As long as you have the funds to fight such a fight, there are plenty of lawyers you can find. Just be prepared for a lot of expense for the fight you describe. 
As long as you have the funds to fight such a fight, there are plenty of lawyers you can find. Just be prepared for a lot of expense for the fight... Read More
This revolves around the details of your "agreement" for the rent increase. You will need to hire a lawyer to review your evidence of the agreement vs the landlords view. The first issue will be the inconsistency of a 2017 discovered damage and then a 2018 claimed agreement for a rent increase to pay for the specific damages as opposed to simply a rent increase for other reasons. Hire a lawyer ASAP before addressing this to avoid further confusion or complication. ... Read More
This revolves around the details of your "agreement" for the rent increase. You will need to hire a lawyer to review your evidence of the agreement... Read More
THere is no law suit here. The remedy is to slip your boat elsewhere, at a cheaper place if you can find one, at a better one the same. 
THere is no law suit here. The remedy is to slip your boat elsewhere, at a cheaper place if you can find one, at a better one the same. 

What can I do about being assaulted by a bouncer?

Answered 4 years and 11 months ago by attorney Mark Tischhauser, Esq.   |   1 Answer
Having handled many such cases in the past, I will be candid that both you and I know there is MUCH more to the story than that. That aside, if there is a lawsuit to be filed, its not one any coherent lawyer will take on a contingent fee, so you would have to be willing to spend the money out of pocket on legal fees to pursue such a case. ... Read More
Having handled many such cases in the past, I will be candid that both you and I know there is MUCH more to the story than that. That aside, if there... Read More
Defaults are not "winning" the case. Its a win because theother person sdidn't show up. MOst judges will vacate defaults for unrepresented people if they get a lawyer and timely move to defend the case in court. 
Defaults are not "winning" the case. Its a win because theother person sdidn't show up. MOst judges will vacate defaults for unrepresented people if... Read More

how to defend undue influence in a non probate estate

Answered 5 years and a month ago by attorney Mark Tischhauser, Esq.   |   1 Answer
You hire a lawyer. These are difficult, high risk and expensive battles to wage.
You hire a lawyer. These are difficult, high risk and expensive battles to wage.