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Florida Civil Litigation Questions & Answers
2 Answers | Asked in Foreclosure, Real Estate Law, Civil Litigation and Gov & Administrative Law for Florida on
Q: How do I file a dismissal on a final judgement/forclosure? I have proof of coercion from plaintiff. What form is used??

How do I request a hearing with the Judge to show that Plaintiff (my mom), who was granted final judgment. Plaintiff utillized coercion to keep me quiet. She sent text messages to my sister saying if I dont sign over the deed she will make it her job, day in and day out to have my son taken from... View More

Barbara Billiot Stage
Barbara Billiot Stage
answered on May 2, 2024

This is not a do-it-yourself project. Your description of how this is being handled calls into question your ability to protect your home from being foreclosed. Consult with a local foreclosure defense attorney as soon as possible.

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0 Answers | Asked in Civil Litigation for Florida on
Q: Can a cop be allowed to enforce s curfew (non-official) by the town/city but if requested too by a director

The director being of a two week program for a holiday at a hotel that is all rented out. We are there with our parents so its not like the director is our legal guardian.

4 Answers | Asked in Civil Litigation and Real Estate Law for Florida on
Q: Civil litigation on a real estate lis pendon case

I am writing to seek your expert legal opinion and guidance regarding a complex situation I am currently facing. Here is a summary of the circumstances:

- Two years ago, I purchased a home and followed all the necessary procedures, including hiring a title company.

- It has come to... View More

Barry W. Kaufman
Barry W. Kaufman
answered on Apr 30, 2024

My expert legal opinion and guidance is that you hire an attorney to defend the lawsuit. That's it.

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2 Answers | Asked in Appeals / Appellate Law, Business Law, Civil Litigation and Bankruptcy for Florida on
Q: Is it possible to overturn a civil judgement thats been given final approval? can u sue a person and a business?

owner and business names in civil judgement- never received court documents until case decisioned. judgement given against owner and company together. Need help. does business chapter 11 bankruptcy negate this? can you sue both? is there any instance the owner or S corporation become judgement... View More

Martha Warriner Jarrett
Martha Warriner Jarrett pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 29, 2024

A bankruptcy filing does not negate a state court judgment although, if you do not have any non-exempt assets, it may discharge the debt. If you were never served with the lawsuit, you might be in a position to challenge the judgment in that court that issued the judgment. You should consult a... View More

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0 Answers | Asked in Civil Litigation, Civil Rights and Small Claims for Florida on
Q: We purchased 3 appliances from Lowe’s. They were delivered but by the next day, 2 were not working. We called but no

one answered the phone. It took us several days to finally speak to a real person. They sent people out who were supposed to verify that the new refrigerator and washing machine were installed properly. The men were very rude. They took the washing machine and loaded it on the truck, but then got a... View More

0 Answers | Asked in Criminal Law, Civil Litigation and Civil Rights for Florida on
Q: Bond/Bond hearing, or possible deals that could be offered.

My daughters dad was recently arrested after our county’s felony probation officers Searched his home & car on 4/20.

He had been on felony probation since beginning of 2023, They most recently charged him with intent to sell, and possession of marijuana, Prozac (which is prescribed... View More

0 Answers | Asked in Civil Litigation and Domestic Violence for Florida on
Q: Does the petitioner need an attorney at the initial hearing to request dismissal of a temporary injunction in Florida?

As the petitioner in Duval County, Florida, I'd like to have a temporary injunction dismissed. I filed a motion to do so before the hearing, but it was denied. At the hearing, I plan to ask for dismissal on the grounds that the Respondent has voluntarily performed all of the requests in the... View More

2 Answers | Asked in Civil Litigation for Florida on
Q: When it comes to eviction laws does MiamiDade law prevail over City of Miami

This is the time constraints on evictions differing between City of Miami and MiamiDade

Jacqueline Alicia Salcines
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answered on Apr 20, 2024

All evictions are governed by Florida statutes chapter 83 which is not city or county changed. It’s all the same for city of miami and dade county

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0 Answers | Asked in Consumer Law and Civil Litigation for Florida on
Q: In Florida if I file a Motion for Summary Judgement do I attach the form titled the Magistrate form for Dispotive Motion

I'm in discovery and want to end the case by Motion do I only have to send the Motion or do I have to attach the form from the Notice Consent Reference of a Dispositive Motion to a Magistrate so my Motion is heard

0 Answers | Asked in Criminal Law, Civil Litigation and Communications Law for Florida on
Q: Is it legal in Florida for 1 party to record a phone conversation but forbid the other party from recording it?

I am in a dispute with my Florida medicaid managed care plan over getting care authorized for a recent cancer diagnosis. After complaining to the state, the state sent the complaint back to the plan which assigned me an RN case manager. She refuses to communicate via email, insists on communicating... View More

0 Answers | Asked in Personal Injury and Civil Litigation for Florida on
Q: My employer was not insured for Maintenance and Cure. Thus far refuses to pay.

Their General Liability is reviewing coverage with reserving its right to deny coverage. 14 months paying my own medical. Cervical and Thoracic injury, confirmed herniated disc T1/C7. The boat company was recently involved in a major collision in Biscayne Bay. I have met the criteria of seaman. Do... View More

0 Answers | Asked in Consumer Law, Contracts and Civil Litigation for Florida on
Q: Can I pay for something in full and the seller take it back without my permission and compensate me for it. Do I own it

I paid for a item on EBAY a 1934 US $1,000.00 bill for $3,355.00 in full I owned it. Can the seller not send it to me and take it back without my permission and compensate me for what I paid for it. Not the value of what the item is really worth, it is worth more than I had paid for it. I feel I... View More

1 Answer | Asked in Civil Litigation for Florida on
Q: Can lawyer charge fees for response to bar complaint?

I have an attorney in Florida. My case is settled but they still have my retainer money. I filed a bar complaint against them. Can they charge me fees for responding to the complaint I made against them?

James L. Arrasmith
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answered on Apr 6, 2024

In most jurisdictions, including Florida, attorneys are generally not permitted to charge clients for the time spent responding to bar complaints filed against them. The rationale behind this is that responding to a bar complaint is considered part of an attorney's professional responsibility... View More

1 Answer | Asked in Civil Litigation for Florida on
Q: Can i claim an exemption and/or request a hearing after final default judgement in hillsborough county , florida
Barry W. Kaufman
Barry W. Kaufman
answered on Apr 3, 2024

No. A claim of exemption is part of the garnishment process. If you are not garnished, a claim of exemption is moot and will be not seen by the Court. There are ways to ask the Court to vacate the judgment or seek other relief, but I recommend that you retain an attorney to do so.

2 Answers | Asked in Criminal Law, Civil Litigation, Civil Rights and Constitutional Law for Florida on
Q: Am I allowed to use Official Police body cam on social media if I'm reporting misconduct of the police in Florida?

I'm wanting to put together a body cam video of clips from several different police body cam videos in Florida from numerous police encounters with an individual and put it on social media since they are continually harassing this individual. Am I legally able to do so if I have all these... View More

Charles M.  Baron
Charles M. Baron
answered on Apr 1, 2024

The answer depends on whether the footage is officially public record at this time, as well as on what you mean by "reporting misconduct". Generally, any official public records may be shared on social media. However, if you were to edit/compile the footage in a way that is not exactly... View More

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1 Answer | Asked in Civil Litigation and Civil Rights for Florida on
Q: Should I sue my ex bf for removing mine & my daughter personal belongings from our home & damaged in a storage unit?
James L. Arrasmith
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answered on Mar 28, 2024

Deciding to take legal action against an ex-partner for removing and damaging personal belongings is a significant decision that depends on many factors. First, consider the extent of the damage and the value of the items lost. It's crucial to weigh the emotional and financial cost of... View More

1 Answer | Asked in Real Estate Law, Business Law, Civil Litigation and Civil Rights for Florida on
Q: Is a civil suit viable? HOA deleted surveillance video I asked them to save. It would have proved my son was innocent.

We pay monthly HOA fees for amenities, which include security via video surveillance. My son is facing criminal charges and the events that occured were caught on these cameras. This footage would prove the allegations are false. I emailed the HOA asking them to save it. No response. I also went... View More

James L. Arrasmith
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answered on Mar 26, 2024

In situations where evidence crucial for legal defense is destroyed or deleted, especially after a request has been made to preserve it, you might have grounds for a civil case. This would particularly apply if the deletion of the surveillance video directly impacts a legal proceeding, such as... View More

1 Answer | Asked in Civil Litigation and Libel & Slander for Florida on
Q: My defendant sent her lawyer to court. I didn't have a chance to ask her any questions. Is the right?
Barry W. Kaufman
Barry W. Kaufman
answered on Mar 25, 2024

Was this a trial? Evidentiary hearing? Non evidentiary hearing? These things matter.

1 Answer | Asked in Criminal Law, Civil Litigation, Civil Rights and Constitutional Law for Florida on
Q: Is the investigator in a criminal case obligated to question a witness before a trial or plea takes place?

There is an investigator working on my criminal case, but, I haven't much faith in her. If a new witness is discovered shortly before a trial ( ie. a month) does she HAVE to attempt to locate him? Isn't that part of my due process rights? He was my neighbor at the time and was video... View More

James L. Arrasmith
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answered on Mar 25, 2024

In a criminal case, the obligations of an investigator can vary based on the laws of the jurisdiction and the specifics of the case. Generally, investigators should pursue all credible leads and examine relevant evidence, which can include questioning new witnesses who might provide critical... View More

2 Answers | Asked in Civil Litigation for Florida on
Q: My in-laws paid cash for my vehicle we agreed that I would make monthly payments to them each month till it was paid off

It was a verbal agreement I have receipts showing I paid them an the insurance states that my father in law an I were the owners but they got mad an took it what can I do about this matter

Charles M.  Baron
Charles M. Baron
answered on Mar 25, 2024

You have grounds to take legal action, and you may want to first have an attorney send a demand letter to see if the matter can be resolved without litigation. You may have grounds to seek a court judgment requiring transfer of title to you, and if not that, at least grounds for monetary... View More

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