×
Go back to Martindale-Avvo ➔

Florida Litigation Legal Questions

Want a good answer? Ask a thorough question starting with "Who, What, When, How, Will I or Do I".
Then, add details. This will help you get a quicker and better answer.
Question field is required
Explanation field is required
A valid US zip code is required Validating the Zip Code.
Question type field is required
Question type field is required
1
Ask a Question
2
Details
3
Submit
1
Ask a Question
2
Submit
Fullname is required
A valid email address is required.
Receive a follow-up from lawyers after your question is answered
A valid phone number is required
Select the best time for you to receive a follow-up call from a lawyer after your question is answered. (Required field)
to
Invalid Time

*Required fields

Question
Description
By submitting your question, you understand and agree to the Terms and Conditions and Privacy Policy for use of the site. Do not include any personal information including name, email or other identifying details in your question or question details. An attorney-client relationship is not being established and you are not a prospective client of any attorney who responds to your question. No question, answer, or discussion of any kind facilitated on this site is confidential or legal advice. Questions answered are randomly selected based on general consumer interest and not all are addressed. Questions may display online and be archived by Martindale-Hubbell.
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 5
Do you have any Florida Litigation questions page 5 and need some legal advice or guidance? Ask a Lawyer to get an answer or read through our 282 previously answered Florida Litigation questions.
Litigation
Florida

Recent Legal Answers

If a felony change has been dismissed, can you be charged with the same at a later time?

Answered 8 years and 8 months ago by Mr. Robert Jason De Groot (Unclaimed Profile)   |   1 Answer
Yes, but it depends upon the facts.
Yes, but it depends upon the facts.

What should I do if my dad has been sexually harassing me?

Answered 8 years and 8 months ago by Mr. Robert Jason De Groot (Unclaimed Profile)   |   1 Answer
I do not know what you mean by sexually harassing. What are the facts?
I do not know what you mean by sexually harassing. What are the facts?

Can I still be charger for a felony even if the amount is small and I paid it back?

Answered 8 years and 8 months ago by Mr. Robert Jason De Groot (Unclaimed Profile)   |   1 Answer
Yes, theft in Florida only needs to be a temporary taking.
Yes, theft in Florida only needs to be a temporary taking.

An election for the President was held in this non profit organization. loser is suing the organization to declare the election null and void. Advise

Answered 8 years and 8 months ago by attorney Mark Tischhauser, Esq.   |   1 Answer
YOu simply need to retain local corproate counsel to represent you if you choose. There is no question posed here otherwise. YOu can use the find a lawyer feature for that purpose.
YOu simply need to retain local corproate counsel to represent you if you choose. There is no question posed here otherwise. YOu can use the find a... Read More

Can a 12-year old and a 15-year old date legally?

Answered 8 years and 8 months ago by Mr. Robert Jason De Groot (Unclaimed Profile)   |   1 Answer
Yes, if the parents say it is ok.
Yes, if the parents say it is ok.

How do I get a defendant / counter plaintiff to return to the United States with my stolen property

Answered 8 years and 8 months ago by attorney Mark Tischhauser, Esq.   |   1 Answer
Unless you are inclined to spend tens of thousands of dollars in legal expenses trying to address this, you are wasting time. He as the animinals in another country and is "hiding out".....there is no option "B" where for minimal expense someone rides in on a white horse to get your pets back and do so immediately. ... Read More
Unless you are inclined to spend tens of thousands of dollars in legal expenses trying to address this, you are wasting time. He as the animinals in... Read More

Dear Attorneys;I am on a short time limit to ask someone for help and two ask for an extension to T. Johnson in the Personnel Management, Disabilit

Answered 8 years and 8 months ago by attorney Mark Tischhauser, Esq.   |   1 Answer
You will likely need to contact a legal aid attorney. No lprivate awyer is likely to get involved in sorting out a SSD farud case based on " I was confused" as a pro-bono matter. 
You will likely need to contact a legal aid attorney. No lprivate awyer is likely to get involved in sorting out a SSD farud case based on " I was... Read More

Can I pay HOA violations fine "under protest" to avoid HOA putting lien on my property & then pursue reimbursement in Small Claims Court?

Answered 8 years and 9 months ago by attorney Mark Tischhauser, Esq.   |   1 Answer
If properly done - yes. Its always a squirrely issue but the key is documenting legimate durress and best done with a lawyer explaining the position.
If properly done - yes. Its always a squirrely issue but the key is documenting legimate durress and best done with a lawyer explaining the position.

Hello My neighbors and I are anticipating legal action against our hoa for not enforcing our no overnight parking restrictions.

Answered 8 years and 9 months ago by attorney Mark Tischhauser, Esq.   |   1 Answer
You simply need to retain a lawyer andmove forward or leave the issue alone before this escalates out of control. 
You simply need to retain a lawyer andmove forward or leave the issue alone before this escalates out of control. 

the board on my condo where i live for a 83yo man after living here almost 3 yrs now , decided to do a credit and backround check on me, i have bad cr

Answered 8 years and 9 months ago by attorney Mark Tischhauser, Esq.   |   1 Answer
This may be an issue depending on you being an owner or a tenant. If you are a disqualified tenant, the lack of a background check may be a waiver for your current lease period and then you will have to move and if you are MTM renter, start packing and find a new place. DO NOT fore the COA to seek eviction as this will also be on your public record and make renting even harder. ... Read More
This may be an issue depending on you being an owner or a tenant. If you are a disqualified tenant, the lack of a background check may be a waiver... Read More

Could I have had the judge disqualifed?

Answered 8 years and 10 months ago by attorney Mark Tischhauser, Esq.   |   1 Answer
More likely your lack of lawyering ability was the culprit - not a conspiracy theory. By example, seeking to DQ a judge is a classic knee jerk reaction by legions of pro-se litigants and it usually backfires badly, even when it works. You really need to consider hiring a lawyer to handle the litigation case. ... Read More
More likely your lack of lawyering ability was the culprit - not a conspiracy theory. By example, seeking to DQ a judge is a classic knee jerk... Read More

as a victim of a scam involving BOA. Can you sue them to get my money back

Answered 9 years ago by attorney Mark Tischhauser, Esq.   |   1 Answer
This makes no sense  - you can't freeze someone elses account and if you froze your payment you wouldn't be fighting to get it back. YOu will need to hire a lawyer to start with getting a handleon what actually happened and then go from there. 
This makes no sense  - you can't freeze someone elses account and if you froze your payment you wouldn't be fighting to get it back. YOu will... Read More

As a losing plaintiff in a group action, what if I pay defendants fees but others in my group do not?

Answered 9 years ago by attorney Mark Tischhauser, Esq.   |   1 Answer
If you are the "deep pocket" - depending on the legal fee award it may all fall on you and YOU get to sue the others for contribution. You need to ask your lawyer about this directly. 
If you are the "deep pocket" - depending on the legal fee award it may all fall on you and YOU get to sue the others for contribution. You need to... Read More

have a collection agency trying to sue me for a balance on a credit card last paid on in 2007 . what is the statue of limitations in florida

Answered 9 years and a month ago by attorney Mark Tischhauser, Esq.   |   1 Answer
Its squirrely as its compliated but generally 4-5 years from date of breach depending on where and how the card was set up and the terms. 
Its squirrely as its compliated but generally 4-5 years from date of breach depending on where and how the card was set up and the terms. 

I'm seeking an attorney specializing in violation of the rights of mental health person who's right are being blatantly violated by a circuit judge

Answered 9 years and a month ago by attorney Mark Tischhauser, Esq.   |   1 Answer
As a general rule, the answer is YES. The court has great deal of discretion and there is no inherent right to delay a legal proceeding simply due to health or mentation issues. If you are not competent to proceed, the court may need to appoint a guardian, but then you will be out of that decison making loop. You would be well served to hire a lawyer here as they can also mitigate your involvement in the legal proceedings by attending hearings your behalf and acting as the contact point for resolving issues. ... Read More
As a general rule, the answer is YES. The court has great deal of discretion and there is no inherent right to delay a legal proceeding simply due to... Read More

I inherited a condo from my mom in 2008 and wasn't aware of it until last December, condo was foreclosed now I'm being sued. Jeffrey Smith 8137084155

Answered 9 years and a month ago by attorney Mark Tischhauser, Esq.   |   1 Answer
YOu will need to hire a lawyer in MD to handle this issue. 
YOu will need to hire a lawyer in MD to handle this issue. 

I am seeking representation against my HOA. I was physically attacked at a recent board meeting by the presidents husband for trying voice my concerns

Answered 9 years and 3 months ago by attorney Mark Tischhauser, Esq.   |   1 Answer
From a starting perspective I am curious as to how this type of case has "mushroomed" beyond your existing lawyer's "capability and expertise"as what you described is failry straight forward. Having handled issues like this in the past, I suspect the actual circumstances are that YOU want to mushroom it to such levels and the existing lawyer, is not willing to do so presumably for financial reasons, but is reying on the "not my area" as a politically correct means of declining the escalation you seek. To the extent you are looking for lawyers to take on such a case on a contingent fee, you are most likely to be very frustrated and sorely disappointed. These type of Hatfields vs.McCoys disputes, especially when they expand tocivil rights allegations, physical attacks, religious discrimination, etc., will typically need to be handled on an hourly rate/retainer basis and if you are not committed to the potential of spending tens of thousands of dollars out of pocket to fight such a battle you REALLY need to consider whether it should be started let alone escalated. This is especially ciritical if you expect to involve more tan one lawyer in the cause whcih may have varying agendas and fee payment issues. ... Read More
From a starting perspective I am curious as to how this type of case has "mushroomed" beyond your existing lawyer's "capability and expertise"as what... Read More

Can the son (resident/tenant) of the father (out-of-state homeowner), represent (defend) the father in a small claims court property damage case?

Answered 9 years and 3 months ago by attorney Mark Tischhauser, Esq.   |   1 Answer
Nope - you cannot play attorney in court simply because another person says its ok. This would likely need to be reported to homeowners insurance for a defense and otherwise dad would need to retain a lawyer to defend the issues. 
Nope - you cannot play attorney in court simply because another person says its ok. This would likely need to be reported to homeowners insurance for... Read More

My rites of my property

Answered 9 years and 3 months ago by attorney Mark Tischhauser, Esq.   |   1 Answer
You will need to hire a lawyer to file an action challenging the deed transfer. This will likely be an expensive but necessry legal action.
You will need to hire a lawyer to file an action challenging the deed transfer. This will likely be an expensive but necessry legal action.

What can you do if someone is following you and you don't no why?

Answered 9 years and 3 months ago by attorney Mark Tischhauser, Esq.   |   1 Answer
You walk faster and duck into a public place and call 911 if needed. 
You walk faster and duck into a public place and call 911 if needed. 

what type of lawyer do we need? How or what suit do we use to pursue her? Can we pursue the funeral director as well for mishandling our father's body

Answered 9 years and 5 months ago by attorney Mark Tischhauser, Esq.   |   1 Answer
Funeral home is not responsible for probate issues or the actions of a "common law" wife or girlfriend falsely claiming to be lawful wife. There is likely no legal action against funeral home when there is a dispute over who has legal rights to make funeral arrangements and pay for them, etc. unless there is a clear issue wherethey acted improperly. As to suing the g/f for damages this can be done, but again, this would require a probate and actin taken by the personal representative appointed by the court. ... Read More
Funeral home is not responsible for probate issues or the actions of a "common law" wife or girlfriend falsely claiming to be lawful wife. There is... Read More

Falsely charged and arreested

Answered 9 years and 6 months ago by attorney Mark Tischhauser, Esq.   |   1 Answer
I don't see where you were arreseted so none of that exists. I am willing to bet THE other side of the story is you rolled backwards with your manual transmission or put it in the wring gear, and then fled the scene, which is WHY they were following you and screaming at you, and you knew darn well this occured. Why? because anyone in thier right mind would have called 911 on thier cell phone or pulled over in a public place and sought help from the crazy people. The cop did't believe you because your story is likely not credible. That stated, you need to work with YOUR insurance carrier to make sure this is resolved and you dont get sued. ... Read More
I don't see where you were arreseted so none of that exists. I am willing to bet THE other side of the story is you rolled backwards with your manual... Read More

how to stop paying rent?

Answered 9 years and 7 months ago by attorney Mark Tischhauser, Esq.   |   1 Answer
You dont, at least not wihtout financial exposure. YOU broke the lease, not them, so you are stuck with the penalties and expenses defined in the lease agreement. If you arent sure what those are, you will needto retain a tenant/renters lawyer to address this. 
You dont, at least not wihtout financial exposure. YOU broke the lease, not them, so you are stuck with the penalties and expenses defined in the... Read More

HOW TO RETRIEVE MONEY FROM A FRIEND THAT OWES ME MONEY?

Answered 9 years and 7 months ago by attorney Mark Tischhauser, Esq.   |   1 Answer
You won't. You did a good deed based on a bad financial decision and that about as far as that will go unless you want to spend more than the money in dispute trying to get the money. Its a 3,000.00 lesson in never lending what you cant give away.
You won't. You did a good deed based on a bad financial decision and that about as far as that will go unless you want to spend more than the money... Read More

How can I find out if a process server is looking for me and why?

Answered 9 years and 7 months ago by Mr. Robert Jason De Groot (Unclaimed Profile)   |   1 Answer
You can call them and ask, and even arrange a time most likely. You might even be able to check with the clerk's office to find out more.
You can call them and ask, and even arrange a time most likely. You might even be able to check with the clerk's office to find out more.
Litigation
Florida

Helpful Resources