And if so, why and what are the requirements necessary for the State to be able to use the testimony/transcripts of a deceased person in a retrial?
*This question is in regards to a criminal case that was vacated, and a retrial was ordered due to fundamental error in jury instructions.
answered on Apr 14, 2024
Yes. Florida Statute 90.804 (2) (a) provides that testimony "given as a witness at another hearing of the same or a different proceeding, [is admissible] ... if the party against whom the testimony is now offered, ... had an opportunity and similar motive to develop the testimony by direct,... View More
I was at a red light when a car changed lanes diagonally on my right side attempting to get in front of me when a red light changed and collided with my right front bumper. We were in heavy traffic and it wasn’t safe, therefore upon my first glance it appeared no damage, as other driver asked to... View More
answered on Apr 3, 2024
When you file your claim with your insurance company, give them the tag number and the circumstances you have related. Using that number, the insurance company may be able to identify them, and choose to file a civil court claim against them. They might be able to recover a judgment, including a... View More
My boyfriends will is in his family possesion. I believe its on his phone. He commited suicide this month and the family wont share the will with me. Is there anything i can do?
answered on Mar 22, 2024
It's almost impossible that such a document, on a cell phone, would stand up in court. A will has a number of requirements, including the requirement that it be signed by the testator, signed by witnesses, and be notarized. So, it is very doubtful that you can inherit anything unless a... View More
My mother consented to have me circumcised as a baby, later down the line at age 24 I realize I was circumcised, an entire 24 years not knowing that I was circumcised, can I file a lawsuit against the doctor or hospital? The consent form did not specify "risk of death," had my mother... View More
answered on Mar 16, 2024
Did you die from the operation? Did your mother know that there is a risk of death in any operation? If the answer to the first question is no, and the answer to the second question is yes, there are no damages and you don't have a right to sue, whether or not the SOL has tolled.
answered on Mar 15, 2024
No. A power of attorney does not allow the holder (also known as "attorney in fact") to practice law; signing documents to be filed in court in behalf of another person would be practicing law. It would also be a conflict of interest for one spouse to sign papers in behalf of the other... View More
Our church (private property), if we have safety team members who will be permitted to carry their firearms, are we legally obliged if they discharge their firearm and injure someone, or are they responsible?
answered on Mar 12, 2024
They would be responsible, as always, to conduct themselves in a reasonable manner. Unless you have cause to suspect that your safety team members are likely to do otherwise, you would not be liable. It would be a good idea to see that they have taken a firearms safety course and to make sure the... View More
He passed 2-24 his social security came In 2-28 many months ago my dad said that I could pay bills for the current month of his death but not after I found out that’s not true and I don’t want to get in trouble, so what should I do so I don’t go to jail
answered on Mar 6, 2024
If I understand correctly, Social Security payments made payable to your father were being deposited into a checking account from which you were authorized to write checks. If such a payment is deposited into the account and if the payment is for, either in whole or part, sometime after the date... View More
answered on Mar 3, 2024
No, unless the contract provides otherwise, you cannot disavow it simply because you have changed your mind. If it fails to provide when payments are due (or, as you put it, "the due date is not end"), the payments may be due immediately; it would depend upon the other terms, or the... View More
I am representing myself as Defendant in a civil lawsuit brought on by a construction contractor. I had filed a Motion to Dismiss in July 2023. The hearing for my Motion was rescheduled repeatedly by the court. I did not receive notice for the rescheduled date (2/12/24), missed the hearing, and my... View More
answered on Feb 22, 2024
You could call your motion "Motion to set Aside Order Denying Motion to Dismiss", or something like that. It doesn't much matter what you call it; more important is that you clearly state what you want and why. Contact the judge's judicial assistant for a date and time for the... View More
answered on Feb 22, 2024
The judgment was recorded, so as to constitute a lien on whatever real property you might own. A satisfaction of judgment means that the judgment has been paid. The recording of the satisfaction means that any real property is now free of any such lien.
I have nothing to do with the property but was told I had to sign the mortgage since we were still legally married at the time of his closing. It's been eight years and I've moved on and moved to Missouri, and he's now being foreclosed on. What does this mean for me, if anything?
answered on Feb 15, 2024
It means that the mortgage can be foreclosed despite your interest in the property. The property can be sold pursuant to an order of the court and in the very rare possibility that the property sells for more than is owed, you would be entitled to a portion of the excess. You are being notified... View More
I received a Summons as a party with possible interest in the estate of my deceased Uncle, in the state of Florida. He died intestate. His home is in foreclosure and was a reverse mortgage. I have inquired as to the balance due but haven't received an answer yet. My questions are: Can I... View More
answered on Jan 29, 2024
You can bring the mortgage current, but you wouldn't necessarily have clear title unless you institute a probate case and get the court to find that you are the heir pursuant to the intestacy statutes. Alternatively, you could seek financing if necessary and purchase the property at the... View More
Can I trespass their maintenance worker/gardener if they are defacing my property during the course of their work. Example, spray painting on building where they want tenants to place trashcans, even after they have been told by property owner that they will be placed somewhere else.
answered on Jan 28, 2024
Depends on what you mean by "trespass". You probably can get away with peaceably confronting the worker and notifying them that you are the owner and that they are not to deface your property. Follow it up with a mailed notice to the lessee, perhaps from your attorney.
The elective inclusion of “Heirs,”included in sale and assignment forever:
1. What type of ownership does this deed provide and to whom?
2. Ownership interest in home, at sale, and upon grantee’s death? Does title pass to heir automatically? Etcetera??
3. If this... View More
answered on Jan 26, 2024
1. Title is in the grantee (the "single childless man").
2. No, heirs would be whoever he sells ("assigns") it to, or, if he still owns it at the time of his death, whoever is named in his will or to whoever would inherit under the "intestacy" laws, if he... View More
answered on Jan 19, 2024
If you want to appoint a personal representative, which appointment would normally be done by will, that person would have to be, if a non-resident of Florida:
(1) your child;
(2) your parent, grandparent, etc.;
3) your spouse, brother, sister, uncle, aunt, nephew, or... View More
answered on Jan 12, 2024
Florida Statute 316.003 (73) defines "roadway" as "That portion of a highway improved, designed, or ordinarily used for vehicular travel, exclusive of the berm or shoulder. I...". "Street or highway" is defined in subsection (89) to include any area, whether or not... View More
answered on Jan 12, 2024
For probate information, in other words, to see if an application has been filed in court to appoint a personal representative pursuant to a will, or in an intestate (no will), find the website for the clerk of court in the county where the deceased parent resided. You would look under "court... View More
answered on Jan 11, 2024
That's a good question. The state would have to prove, beyond a reasonable doubt, the residential density. If, for example, you were to discharge the firearm on a parcel that is less than an acre in size and contained one residence, you might be convicted, even if the adjoining parcels were... View More
In order to garnish SSI benefits, one qualification is that an Order/Judgment should reflect and show on its face it is a "court ordered victim restitution." 42 USC 662(e)(2); 5 CFR 581.305 (a) (3).
Is a CA Family Law Court Order / Judgment for stolen retirement benefits... View More
answered on Jan 10, 2024
No. An order for victim restitution would have been ordered in a criminal case, not in a civil case such as a family law court case.
By the way, it doesn't appear that 42 USC 662 (once a federal statute) exists. "Section 662, act Aug. 14, 1935, ch. 531, title IV, §462, as added... View More
answered on Jan 10, 2024
It would be best to write your motion on a computer and print it out, but it is possible to write it by hand.
In general, you put the caption at the top of the page, including:
name of the court,
case name, and
case number.
You put the title of the motion... View More
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