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 8
Do you have any Florida Litigation questions page 8 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 time by law do you have to make sure there is no one in your bar with a drink in their hand?

Answered 11 years and 7 months ago by Mr. Robert Jason De Groot (Unclaimed Profile)   |   1 Answer
See a local ordinance for that.
See a local ordinance for that.
Likely yes, unless there was a directive fromthe court to inform the employees as part of the class. Call the class counsel and ask them.If you have any further questions, we do offer FREE consultations. Just call our office at 1-800-922-6442.
Likely yes, unless there was a directive fromthe court to inform the employees as part of the class. Call the class counsel and ask them.If you have... Read More

If an LLC business is owned by two persons, could one of the owners decide to bring a third person as part owner of the business?

Answered 11 years and 8 months ago by Mr. Robert Jason De Groot (Unclaimed Profile)   |   1 Answer
That depends upon how the corporation is set up and what the articles of incorporation say about this particular issue. Without knowing those things, we cannot say much. But usually, a certain number of shares of stock are issued, in your case it might be 49% to one and 50% to the other, but you probably didn't even do that. So, you need to get an attorney and have the corporation dissolved if that is what needs to be done.... Read More
That depends upon how the corporation is set up and what the articles of incorporation say about this particular issue. Without knowing those things,... Read More

Can I really be charged with Larceny of a Controlled Substance?

Answered 11 years and 8 months ago by Mr. Robert Jason De Groot (Unclaimed Profile)   |   1 Answer
It depends upon the facts, and we do not have enough to answer your question. Basically you can be charged if the facts warrant it.
It depends upon the facts, and we do not have enough to answer your question. Basically you can be charged if the facts warrant it.

How do you stop someone from asking the same question (till they get the answer they like/want)?

Answered 11 years and 9 months ago by Mr. Robert Jason De Groot (Unclaimed Profile)   |   1 Answer
You know, it depends upon the facts and circumstances, and each case has its own. If you are ahead, do not sweat the small stuff which has already been ruled upon.
You know, it depends upon the facts and circumstances, and each case has its own. If you are ahead, do not sweat the small stuff which has already... Read More

Can I cancel a donation I already agreed to?

Answered 11 years and 9 months ago by Mr. Robert Jason De Groot (Unclaimed Profile)   |   1 Answer
No, you do not have to donate anything.
No, you do not have to donate anything.

Insurance company videotape me, is that legal?

Answered 11 years and 9 months ago by attorney Mark Tischhauser, Esq.   |   1 Answer
Generally, yes. It all depends on the circumstances. I assume you reference a surveilance video? If you have further questions, feel free to contact us at 1-800-922-6442 for a FREE consultation.
Generally, yes. It all depends on the circumstances. I assume you reference a surveilance video? If you have further questions, feel free to contact... Read More

I got a letter about civil theft

Answered 11 years and 9 months ago by attorney Thomas M. Bates   |   1 Answer
Do not under any circumstances ignore this letter. You may not be liable to pay the amount demanded in the letter but you should contact a civil trial lawyer in your area to discuss your options as to the  looming lawsuit against you. As stated in the civil theft letter, the company will be entitled to three times the amount of the damages, plus attorney's fees and costs if they win the lawsuit. The company will get a judgment against you and seek to collect on it.... Read More
Do not under any circumstances ignore this letter. You may not be liable to pay the amount demanded in the letter but you should contact a civil... Read More

Can I sue my Hoa

Answered 11 years and 10 months ago by Sarah Reese (Unclaimed Profile)   |   1 Answer
I do not think you would have a successful lawsuit over this issue because you likely do not have high damages.  It is likely best that you try to work this out with your HOA.  Best of luck. NOTE: This response is general in nature and should not be considered legal advice.  No attorney-client relationship exists or if formed by this response. ... Read More
I do not think you would have a successful lawsuit over this issue because you likely do not have high damages.  It is likely best that you try... Read More

Is there a law in a state for pension in a divorce?

Answered 11 years and 11 months ago by Mr. Ronald L Bornstein (Unclaimed Profile)   |   6 Answers
If you get divorced in Florida, then under FL law any portion of the pension that was earned during the marriage is a marital asset subject to equitable distribution. You didn't indicate what state you are a resident of, in what state you last lived together as husband and wife, and how long your husband has been a resident of FL, all of which may impact your case. You should consult with a family law attorney in your state to learn about your rights there, and to help determine in what state you can file for divorce, and in which state it would be to your advantage to file for divorce.... Read More
If you get divorced in Florida, then under FL law any portion of the pension that was earned during the marriage is a marital asset subject to ... Read More

Should I file the answer and motion for the civil actions by my ex-spouse or just one of the two?

Answered 11 years and 11 months ago by L Mark Dachs (Unclaimed Profile)   |   7 Answers
You should just file the motion to dismiss/stay the Alabama case on the grounds that Florida has priority. While the LAW IN ALABAMA MAY BE DIFFERENT, in Florida A grant of stay is appropriate when two actions are pending simultaneously which involve the same parties and substantially the same causes of action.... Read More
You should just file the motion to dismiss/stay the Alabama case on the grounds that Florida has priority. While the LAW IN ALABAMA MAY BE DIFFERENT,... Read More

sueing my movers

Answered 11 years and 11 months ago by attorney Mark Tischhauser, Esq.   |   1 Answer
If this is inside of Florida is an action under Fla. Stat. 507. If its an interstate claim its a Federal claim under the CARMACK ACT. Either way they are very complicated and very difficult cases. Hopefully you bought the insurance to cover the move.
If this is inside of Florida is an action under Fla. Stat. 507. If its an interstate claim its a Federal claim under the CARMACK ACT. Either way they... Read More

Property maintenance company

Answered 11 years and 11 months ago by attorney Mark Tischhauser, Esq.   |   1 Answer
You will need to look at the terms and conditions of your contract as a starting point.
You will need to look at the terms and conditions of your contract as a starting point.

What can I do to have my license back?

Answered 11 years and 11 months ago by Steven Jed Alpers (Unclaimed Profile)   |   3 Answers
You either need to pay off the child support in full or make arrangements with the state to pay the support over time. Do not make the arrangements through your ex. That may not be accepted by the state and will probably only lead to delays.
You either need to pay off the child support in full or make arrangements with the state to pay the support over time. Do not make the arrangements... Read More

is sigma law firm for real for lawsuits

Answered 11 years and 11 months ago by attorney Mark Tischhauser, Esq.   |   1 Answer
If people are calling you about a claim, its illegal to so do in Florida. If they ARE real, I would avoid a lawfirm that starts by violating the law to contact you.
If people are calling you about a claim, its illegal to so do in Florida. If they ARE real, I would avoid a lawfirm that starts by violating the... Read More
Generally, unless you have a long term condition or some specific ailment attributable to mold, such injury cliams are very hard to prove and value. In your case considering yourself "pretty healthy" does't fit the bill for a mold injury claim. "I believe I've been infected" is simply insufficient as you need to establish specific problems attributible to mold toxicity. Breathing issues, in height of pollen season, have to be sorted out as yu might imagine. Since this happened at work, on a positive note, you would likely be able to, and may be required to, file a work comp claim.... Read More
Generally, unless you have a long term condition or some specific ailment attributable to mold, such injury cliams are very hard to prove and value.... Read More

Does a petitioner have to file an answer to a counter petition?

Answered 12 years ago by Mr. Robert Jason De Groot (Unclaimed Profile)   |   12 Answers
Yes, you must file an answer and affirmative defenses to her counterpetition.
Yes, you must file an answer and affirmative defenses to her counterpetition.
Its possible, as the court has the authority. However, you can generally only get fees paid when there is a contract or a statute the provides for recovery of fees. You case probably does NOT have that component. You can call our office 1-800-922-6442 for FREE consultation on this issue if you would like.... Read More
Its possible, as the court has the authority. However, you can generally only get fees paid when there is a contract or a statute the provides for... Read More
Does the order of probation prohibit guns? That is the deciding issue.
Does the order of probation prohibit guns? That is the deciding issue.

What can I do if my ex wife is claiming that she still has not received her 401k settlement amount?

Answered 12 years ago by Mr. Robert E McCall (Unclaimed Profile)   |   2 Answers
Talk to your lawyer as to who was to prepare the document.
Talk to your lawyer as to who was to prepare the document.
This should all be set out in the rental agreement. Read it.
This should all be set out in the rental agreement. Read it.

Can you sue a school for punishing one student and not the other if they both involved in a fight?

Answered 12 years ago by Mr. Robert Jason De Groot (Unclaimed Profile)   |   1 Answer
When you sue a governmental agency you have to give 6 months notice. The problem here is that it will cost a lot of money to hire an attorney to sue. If you do not mind spending about 20 thousand dollars or much more to sue, I am sure you will be able to find an attorney. Private attorneys are not free, they cost a heck of a lot of money.... Read More
When you sue a governmental agency you have to give 6 months notice. The problem here is that it will cost a lot of money to hire an attorney to sue.... Read More

Will I be arrested if I am being charged with DUI and missed the first court date?

Answered 12 years ago by Jeff Fengcheng Yeh (Unclaimed Profile)   |   11 Answers
You should hire a lawyer to go to court to recall the warrant. A lawyer can do this without you present, so it is less risky for you.
You should hire a lawyer to go to court to recall the warrant. A lawyer can do this without you present, so it is less risky for you.
That check is likely a bad check, it will bounce, you get nothing. Don't be a fool, tear up the check, walk away. Report them to the police.
That check is likely a bad check, it will bounce, you get nothing. Don't be a fool, tear up the check, walk away. Report them to the police.

What can I do if my car was sold by previous owner?

Answered 12 years ago by Ronald A. Steinberg (Unclaimed Profile)   |   8 Answers
It is not illegal. If you made some change in your life based upon the gift and her reneging on the gift caused you some serious harm, you might be able to sue, but I cannot think of any other way for you to act?
It is not illegal. If you made some change in your life based upon the gift and her reneging on the gift caused you some serious harm, you might be... Read More