Florida Litigation Legal Questions

Well if you are going to self lawyer your case and tel us what it is or is not legally, why bother us? Unfortunately, from your description you are dead wrong. It is likely covered under Fla. Stat. 766. Everything else you hang your hat on will likely involve you spending an inordinate amout of money out of pocket on legal fees fighting over those issues, and thats a practical factor in the viabole of any of your 4 claims related to those events.... Read More

UNless you had a contract with a particular physician as opposed to the clinic, your remedy is most likely get the work done by the new doctor. I fthis is a NVC-19 issue where you are looking to get out of the deal for finainical reasons be careful you don't find yourself fofeiting the money. ... Read More

Glad you have such a high opinion of yourself. Unfortunately, that is NOT the basis to addess security deposit litgation. Absent a forfiture issue - security deposit litigaton is NOT productive for a tenant unless they are willing to spend legal fees fighting over the amount to make a point. Fla. Stat. 83.49(3) sets out the process. ... Read More

Employers are responsible for the acts of their employees if those actions were taken in the course of their duties for the employer.  business.  For example, if a pizza delivery van negligently causes an accident.  I don't think the intentional actions of these employees would fit, but it might be worth a shot.   An employer can also be liable for negligent hiring/retention of an employee if the employer knew or should have known that the empployee was not suitable for the job, and that employee's actions damaged a customer.   For example, if the employees here had had numeorus prior complaints against them for theft and the employer had kept them on anyway, the employer might be deemed responsible for their theft of your valuable.  While this is possible here, at this point you don't seem to have any facts to support this theory.... Read More

If there is a defaulted loan, make sure the bank is not moving forward with a foreclosure.   It is not clear to my why the bank will not let you pay off the loan.   If it is because you are not the owner, then you need to hire a probate attorney to get the title in your name.  Keep in contact with the bank, so it knows what action you are taking.    ... Read More

I'm not admitted in Florida so I have no stake in this, but you should know that you're not looking for a corporate lawyer.  You want a litigator.  It may be difficult to find an attorney who will handle a non-personal injury case on a ctontingency in this case, especially since there appears to be no fund from which to take a contingency fee unless the business is liquidated, which presumably your mother doesn't want.  Does the other side have the money to buy your mother out and, in effect, pay her lawyer?... Read More

Asking for help after you have already played lawyer is the equivalent of trying to cut out your kids appendix and "asking for help" when you realize you don't know what it looks like with your kids abdomen cranked open. Its likely too little too late at this point as the die is likely already cast. ... Read More

The answer to your question depends on what the pension agreement provides.  Does it have a lump sum option?  If so, can the beneficiary (you) ehoose that option, or was it something the pension recipient (you mother) would have had to choose?  Assuming that you can opt for a lump sum payout, what are the requirements, and what amount will you receive?  The answers are in the pension plan documents.  If you don't have them, ask for them from the pension plan.... Read More

Whether or not to send a C&D letter or refund money or other remedies will depend on the issues. Short of being a lawyer  - not sure what legitimate service you could provide to someone on a court case that if they lost, they would blame you. That stated the cost of a C7D letter varies with the complexity of the issues and when expectation that it will actually stop the other person as opposed to simply enrage them or make the sneakier. ... Read More

The as-is clause does not preclude suit, as the seller has to disclose any facts or conditions they know about that materially affect the value of the property. Typically, a seller is not required to disclose obvious defects such as a hole in a wall, but is required to disclose hidden or "latent" defects of which they are aware and which a reasonable inspection would not reveal.  The biggest problem with these cases is proving knowledge of the seller, although it seems like that may not be a problem in your case. From your posted question, I can not determine what "all repairs" means or when they occured. Any attorney you contact will need to know when the purchase occured, when you discovered the problem, to see the purchase contract, inspection report and documentation relating to any repairs you have made. They may also want to see your homeowners insurance to see if there is a possible claim under that insurance. Lastly, what is it that you are seeking- monetary damages, to get out of the contract or something else? In terms of a lawyer, you should contact a construction law attorney.   Good luck, Michael R. Morris... Read More

From your email, it is difficult to tell whether you are looking for help with an appeal from a case that is going to trial, are looking for help with a pending matter, or need the assistance of a malpractice attorney. If you could provide more details, it would be possible to answer your question in a more meaningful manner.   Good luck.... Read More

You mean on the ring BOTH of you bought? since she is on the same credit card and owes equally? This is a classic co-mingled debt issue with unmarried people. You will need to sort this out between you or take her to court to have a a judge address it. In the mean time make sure you dont miss your payments.... Read More