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Florida General Practice Recent Legal Answers from Lawyers

Florida General Practice Recent Legal Answers from Lawyers
You are claiming that your relative defrauded you into loaning her money and/or has breached her contract to repay you.  You can sue her for your damages.  Also, I don't understand how the bankruptcy is relevant, since she can only file bankruptcy if she is insolvent.  Thus, if she receives money from lawsuits and can pay her creditors, she is not insolvent and her bankruptcy should be dismissed.  If she files before she receives any money, her claims would become property of the bankruptcy estate, and any proceeds used to pay her creditors.  If she files after she receives money from the lawsuits (assuming that she is still insolvent), any money she receives would be used to pay her creditors.  However, if there is not enough money to pay all creditors in full, you would put yourself in a better position by obtaining a judgment against her (by suing her and winning), rather than simply asserting a claim in the bankruptcy as a general unsecured creditor. ... Read More
You are claiming that your relative defrauded you into loaning her money and/or has breached her contract to repay you.  You can sue her for... Read More

Roofer fell down

Answered 3 months ago by attorney Bruce Robins   |   1 Answer
Anybody can sue, but from the bare facts that you've recited, it doesn't seem like he has much of a claim.  An adult deciding on his own to take a known risk that went wrong doesn't present much of a claim, but there may be more to it.  If, for example, there was a loose shingle on which he slipped, that could be a valid claim.  If your roof was somehow not up to code and this contributed to his fall, that might be the basis for a good claim.  If you urged him to jump, falsely telling him that many others had done so safely, that could be the basis for a valid claim.  He may come up with some claim like that, but as of now you have no basis to believe that he will.  When and if he does, notify your homeowner's insurer.  Also, you may want to preserve evidence, such as taking photos of the roof to show that it was in good condition, maybe getting sworn statements from witnesses, etc.... Read More
Anybody can sue, but from the bare facts that you've recited, it doesn't seem like he has much of a claim.  An adult deciding on his own to take... Read More

Can I file a Lawsuit against my ex boyfriend

Answered 4 months ago by attorney Bruce Robins   |   1 Answer
I don't think so (other than for the repayment of the money you loaned him).  The statement that "she is a golddigger" seems to me to be a statement of opinion, which is not actionable.  Only false statements of fact - "She stole $1 million from me" - can be actionable as defamatory.... Read More
I don't think so (other than for the repayment of the money you loaned him).  The statement that "she is a golddigger" seems to me to be a... Read More
Anybody can sue anybody for anything, but I believe any suit you brought would be dismissed as you do not have standing to sue - you were not the party from whom your friend stole, and the possible negative consequences you may have suffered are not a direct enough injury.  As to prosecution, you would have to speak to the local prosecuting attorney, but it is unlikely the state would bring criminal proceedings if the injured party did not cooperate.... Read More
Anybody can sue anybody for anything, but I believe any suit you brought would be dismissed as you do not have standing to sue - you were not the... Read More
This sounds like the paralegal was practicing law which is illegal. She can help you fill out a form but can't file with the court on your behalf. I'd try to get my money back and/or report her to the state attorney for the unlicensed practice of law.
This sounds like the paralegal was practicing law which is illegal. She can help you fill out a form but can't file with the court on your behalf.... Read More
The answer at its basic level is that you must have a deed executed by the owner(s) with the formalities according to FL law. The deed is then exchanged for consideration. There are a myriad of other possibilities as to how this process can be effect by formal cotracts in writing and title seached and title insurance and recording of deeds, etc, which are normally used in order to cofirm marketable title  but this is the basic method. Note: transfers of homestead property requires spousal joinder if the grantor is married/... Read More
The answer at its basic level is that you must have a deed executed by the owner(s) with the formalities according to FL law. The deed is then... Read More
Turn this over to your auto Ins company. They will defend u. 
Turn this over to your auto Ins company. They will defend u. 

Can I press charges?

Answered 2 years and 5 months ago by attorney Michael H. Fayard, II   |   1 Answer
You can try to press charges, but I doubt the police will even take a report on this case. They will most likely tell ou that it is a civil matter and you should address it in small claims court. That does not mean you are out of luck, though. You still have the option of filing suit against him in small claims court.  Small claims court handles cases up to $5,000.00. As far as not reporting the items as stolen, It's my guess that he asked you not to do that because he pawned the items. If you reported the items stolen and he pawned them, then your "friend" could face felony charges for dealing in stolen property and defrauding a pawn broker (to name a couple).  Your best bet is to contact an attorney to send a demand letter and then prepare a small claims action. ... Read More
You can try to press charges, but I doubt the police will even take a report on this case. They will most likely tell ou that it is a civil matter... Read More

Personal belongings

Answered 2 years and 5 months ago by attorney Michael H. Fayard, II   |   1 Answer
You should contact an attorney to prepare a demand letter on your behalf. You may have a claim for civil theft as well as other claims. You also need to address the bill for the storage unit so that you are not facing a collections claim from the parents for storage of your personal property. ... Read More
You should contact an attorney to prepare a demand letter on your behalf. You may have a claim for civil theft as well as other claims. You also need... Read More
I'm not sure what exactly you are asking, but I am guessing your question is how do you proceed to get divorced if you are separated from your spouse and living with another woman, who happens to be divorced. If that's your question, then all you have to do is file a petition for the dissolution of your marriage. Florida is not like other states (Tennessee for instance) in that you do not have to prove-up a divorce. In other words, Florida's standard is that the marriage is irretrievably broken. You do not plead or prove why it is broken, and you can be sanctioned for doing so (like adding information such as adultery).  If your spouse is not contesting the divorce, and there are no kids, or assets to be divided, then you can typically do an "Uncontested Divorce" ("UC"). The UC is typically much quicker than a standard divorce. You file the petition and a few other documents and then in some cases a judge will sign the order without even going to court. There are many benefits to hiring an attorney that has handled these types of cases in that you can save a lot of time, money, and hassle. ... Read More
I'm not sure what exactly you are asking, but I am guessing your question is how do you proceed to get divorced if you are separated from your spouse... Read More
If the property is located in Florida, then you could simply use a form that is legally sufficent in Florida. Mind you, the "form" I am referring to does not mean some garbage legal document drafted by a non-lawyer on Google. You should hire local counsel to draft the document for you. Then you can have a civil notary public verify your signature through the proper, legal means. Then you could have your attorney-in-fact handle the transaction in Florida. ... Read More
If the property is located in Florida, then you could simply use a form that is legally sufficent in Florida. Mind you, the "form" I am referring to... Read More
If you suffered any injuries, then you would have a case. However, it appears from the facts delineated that you did not
If you suffered any injuries, then you would have a case. However, it appears from the facts delineated that you did not
Yes.  Most contracts don't have to be written to be enforceable, and the agreemen't you've described doesn't appear to be one that is required to be in writing (unless it was one which could not be fully performed within a  year.)  The problem is proof.  Without a writing, or other evidence beyond the testimony of  yourself and your ex, the Court is just as likely to believe her if she testifies that the money was a gift as your story that it was a loan.... Read More
Yes.  Most contracts don't have to be written to be enforceable, and the agreemen't you've described doesn't appear to be one that is required... Read More
No.  The dispute is between you and your co-signer, and doesn't affect your obligations to the lender.The lender advanced money based, at least in part, on your credit.  It has done nothing to justify forfeiting that benefit. I assume that when you say "co-signer" you mean on the motorcycle loan, not title.  If so, you can sue your co-signer for failing to make his/her share of the payments, if your agreement was that he/she was to pay part or all of the loan.  Also, depending on how title to the motorcycle is held, you can sue your co-signer for the value of his/her use of the motorcycle and/or to return the motorcycle.... Read More
No.  The dispute is between you and your co-signer, and doesn't affect your obligations to the lender.The lender advanced money based, at least... Read More

WHAT IS A CLIENT?

Answered 3 years and 8 months ago by attorney Bruce Robins   |   1 Answer
Who did the attorney represent?  This would be reflected in the retainer agreement with the attorney.  From what you've written, it is most likely that the attorney represented your sibling's estate, in which case you were not his/her client.  BTW, although it is possible for someone other than the client to pay the attorneys' fees (for example, parents often hire attorneys to represent their children), if the attorney represented the estate, I would have expected the estate to pay the fees, not you individually.... Read More
Who did the attorney represent?  This would be reflected in the retainer agreement with the attorney.  From what you've written, it is most... Read More

Victim Of A Violent Crime

Answered 3 years and 11 months ago by attorney Mr. John Michael Phillips   |   1 Answer
You have a case.  There just may be no assets to go after.  Any idea what or who caused the explosion? I just read this story - http://www.wtsp.com/story/news/local/2015/02/06/man-fires-on-polk-deputies-sets-fire-to-building/23012479/.  Awful circumstances. You can email me at jmp@floridajustice.com.... Read More
You have a case.  There just may be no assets to go after.  Any idea what or who caused the explosion? I just read this story -... Read More

What to do if the landlord won't fix something?

Answered 4 years and a month ago by attorney W. Chase Carpenter   |   1 Answer
Start with the lease first to see if it says anything helpful.  My guess would be that it says something about how to make the requests, etc., but there's a chance it has more helpful informaiton.  From there, you would want to look at Florida Statutes, Section 83.51 in conjuntion with 83.56.  Basically, if the landlord refuses to fix it, you provide a reasonable time to fix by written notice to fix it or you will withhold rent.  Do not just withhold the rent - you have to follow the procedure properly.  The procedure is dictated by the statutes so you might find it helpful to have an attorney do it for you, but there is a procedure.  ... Read More
Start with the lease first to see if it says anything helpful.  My guess would be that it says something about how to make the requests, etc.,... Read More

Who can practise federal law?

Answered 4 years and 2 months ago by attorney Bruce Robins   |   1 Answer
One doesn't get admitted to practice federal or state law, but rather gets admitted to practice before particular courts, whether federal or state.  There are some federal law claims which can only be heard in federal courts, but most types of claims can be heard in either federal or state court.  What court hears a claim is determined by other factors, such as the parties' domiciles, the amount of the claim, etc. If you are admitted to practice before the Courts of a particular state, you are not automatically admitted to practice before the federal courts in that area, but it is generally just a matter of applying and paying a fee, so most attorneys (at least those who go to court) get themselves admitted to practice before both federal and state courts in their geographical areas.  For example, I am admitted to practice before the state courts of New York, New Jersey, and Connecticut, as well as numerous federal courts in those states and others.  In addition, when I have an out of state matter, it is generally a simple matter to get admitted to practice before the relevant court "pro hac vice", meaning for that one case (that's not the meaning of the latin, but that's what it means in practice.) I'm not aware of any way of knowing for sure if a lawyer has been accused of malpractice.  You may be able to search court information websites to determine if the lawyer has ever been a defendant, and if so what type of case it was, but there may be cases which, for various reasons, won't appear in that search.  Also, frankly, since "malpractice" is a standard accusation made whenever a lawyer tries to collect his/her fee, most lawyers have been accused. In New York, and I assume other jurisdictions, the Court website maintains a list of attorneys who have been punished for ethical violations, if that's helpful.... Read More
One doesn't get admitted to practice federal or state law, but rather gets admitted to practice before particular courts, whether federal or... Read More

Neighbors ignore deed restrictions

Answered 4 years and 3 months ago by attorney Bruce Robins   |   1 Answer
Assuming that your neighbors won't voluntarily get rid of the chickens, you can sue to enforce the restrictive covenant.
Assuming that your neighbors won't voluntarily get rid of the chickens, you can sue to enforce the restrictive covenant.
You can sue her in small claims court.
You can sue her in small claims court.
I believe the mechanic and/or his wife is responsible for paying their damages as well as yours (i'm assuming there is no other driver to blame) UNLESS the crash was due to something dangerous which you either caused or knew about and didn't tell the mechanic about, for example faulty brakes, in which case it's a much closer call.  Although you may not have explicitly given the mechanic permission to drive the car, it may have been implicit that he, or someone acting on his behalf, would need to do so to test out the repairs.  Accordingly, if the accident occurred during such a test drive, and if it was your fault because it was caused either by something you did or because you failed to warn the mechanic about a defect.  The parties' insurance companies will know all this, and I expect that they will resolve any dispute amongst themselves.... Read More
I believe the mechanic and/or his wife is responsible for paying their damages as well as yours (i'm assuming there is no other driver to blame)... Read More
Sorry to hear about your troubles – that’s frustrating for sure.  The simplest answer to your question is that if you are seeking damages (excluding costs and attorneys’ fees) less than $5,000, you file in Small Claims.  If you are seeking $5,000 - $15,000, you file in County Court.  And anything over $15,000 is filed in Circuit Court.  Small Claims is less expensive and generally easier to navigate pro se.  However, I would just caution diving into County or Circuit Court against a business that will likely have legal representation.  At the very least, I’d suggest getting a consultation with a local Ft. Myers business litigation attorney.  Also, the fact that your in Rhode Island, from a practical perspective at least, makes having representation a huge benefit.  ... Read More
Sorry to hear about your troubles – that’s frustrating for sure.  The simplest answer to your question is that if you are seeking... Read More
Without knowing all the facts, no one can say for certain that you will win or that you will lose.  If your actions somehow created the impression that your niece's boyfriend had authority to pawn your goods, or owned the goods being pawned, you could lose.   There's nothing in your question to suggest this, it's just that I don't know all the facts. However, I would not take the pawnshop owner's word that you would have to pay attorneys' fees if you lose.  I am not familiar with Florida law, but I assume that it is similar to NY law.  Under NY law, each party pays its own attorneys' fees unless a statute or contract says otherwise.  I know of no statute (but again I don't know Florida law) which would compel you to pay the other side's attorneys' fees in this case, and, although the pawn contract may provide for attorneys' fees to go to the prevailing party, you are not a party to that contract.  Moreover, even if there were a binding attorneys' fees provision, it would probably have to be mutual, which means that if you won, the other side would have to pay your fees.... Read More
Without knowing all the facts, no one can say for certain that you will win or that you will lose.  If your actions somehow created the... Read More
So, she wants you to help her defraud Florida out of the registration fees, eh?  I think you know the answer – don’t do this.  I’m no criminal lawyer, so I don’t know what liability you may have there, but on the civil side, if she gets into a car wreck, runs over a pedestrian, commits a DUI with injuries, etc., you could be on the line.   Also, have you thought about the insurance consequences?  Will your insurance company cover the vehicle in a wreck after it discovers it has been a daily driver in FL.  The list of variables that could give rise to liability for you is pretty long.  So, in short– this doesn’t sound like a good idea to me.... Read More
So, she wants you to help her defraud Florida out of the registration fees, eh?  I think you know the answer – don’t do this. ... Read More
Well, it’s possible he could have a suit, but doesn’t sound terribly strong to me.  Particularly, I say this because it doesn’t sound like you guys worked out the terms of payment and exchange of goods.  Generally, money is given at the time to the goods are provided, but obviously that’s not always the case.  Now, if the tickets come in and he’s ready to hand them over, his suit could have some strength to it – assuming he purchased the tickets in reliance on your offer to buy half of them.  Keep in mind a pretty good adage – anyone can sue anyone for anything, but that doesn’t mean they’ll be successful.  On a practical side, I’d suggest exhausting practical resolutions where possible.... Read More
Well, it’s possible he could have a suit, but doesn’t sound terribly strong to me.  Particularly, I say this because it... Read More