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Questions Answered by Bruce Alexander Minnick
1 Answer | Asked in Criminal Law, Collections and Legal Malpractice for Florida on
Q: Ingram maintenance charged membership bank froze account no affiliate to Ingram

Never sign contracts app

Bruce Alexander Minnick
Bruce Alexander Minnick
answered on Jan 6, 2023

There is not nearly enough information for any lawyer to be able to advise or help you. Retain a banking lawyer.

1 Answer | Asked in Banking for Florida on
Q: Can a bank legally freeze all my accounts without notice because I missed a payment on my bank CC account?

My bank (credit union, actually), with whom I have had accounts for over 25 years, recently froze all of my accounts (2 checking, 2 savings) with assets totaling over $180k, without any warning or notice. The reason they gave for this is that I had an outstanding balance on my credit card (issued... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick
answered on Dec 19, 2022

No, but unless you hire a lawyer to contact the credit union for you they will continue acting silly.

1 Answer | Asked in Employment Discrimination and Employment Law for Florida on
Q: Question on employment law and background checks in Florida.

I live in Florida and I am curious what background reporting regulations may be (Google has too many different answers to be sure what is correct).

Almost 10 years ago, when I was barely 18, I was arrested for a couple of felonies and a couple of misdemeanors. All of my charges were either... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick
answered on Dec 14, 2022

I strongly suggest that you hire an employment lawyer to discuss this rather than ask all these very important questions here on this public website. The fee for speaking to most experienced employment lawyers is very reasonable. Search for one using the website's Find a Lawyer tab.

1 Answer | Asked in Civil Litigation for Florida on
Q: In Florida what is the rule or case law that prohibits courts from using previous written judgements as evidence in new

One court officer made a mistake and stated an incorrect factual finding, in all following hearings, officers of the court continue quoting this mistake as fact and using it as evidence against me.

Bruce Alexander Minnick
Bruce Alexander Minnick
answered on Dec 6, 2022

Although very difficult, it is possible to correct this situation, but not without paying an experienced lawyer to do it.

2 Answers | Asked in Family Law, Child Custody and Child Support for Florida on
Q: Does my written answer to a petition need to be notarized before submitting it to the clerk of courts

The petition was filed in broward county and I live with my child here in Polk County. I'm trying to submit my answer and relocate the case and not really sure how to go about it. I've been trying lawyers for a consultation with no luck and am running out of time to put in my submission.

Bruce Alexander Minnick
Bruce Alexander Minnick
answered on Nov 28, 2022

No you do not need to have your response notarized.

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1 Answer | Asked in Employment Discrimination and Employment Law for Florida on
Q: What is considered unlawful termination

In the State of Florida can an employer terminate you for asking to speak with higher management? Also if you're in a sober living program can they contact the program to try to get personal information on you. Also can they yall and berate you every day. Can I sue based on these issues? Do I... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick
answered on Nov 27, 2022

Yes, yes, yes, and yes, your employer can do all these things and much more. Why?

Because Florida is an “at-will” state. Private employers are free to solicit, hire, promote, increase their pay, demote, lower their pay, suspend, terminate, rehire, reinstate benefits and treat employees...
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2 Answers | Asked in Civil Rights, Federal Crimes, Gov & Administrative Law and Criminal Law for Florida on
Q: What federal laws are broken when a court reporter refuses to hand in a transcript to a litigant?

Several court reporters are refusing to submit a electronic transcript to a litigant in an attempt to conceal a fraudulent court. The court reporters have made unlawful misinformation statements to the litigant and told them that they needed a lawyer for these transcripts, that they had to go to... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick
answered on Nov 8, 2022

I will start by answering your closing question, "What federal law have (sic) been violated?" Answer: None.

FYI, most civil trial court reporters are not paid by the court or the government for their reporting services. The litigants hire them and must pay them.

If you...
Read more »

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2 Answers | Asked in Family Law for Florida on
Q: My family law attorney filed a motion to withdraw and listed my address incorrectly. What do I do now?

Divorce filing 03/2021. Opposition (wife and counsel) very aggressive (false accusations, filing motions). My quite expensive counsel was neglectful, charitably. Trial set for 12/2022, but I would like to avoid. Temporary time-sharing agreement in place. Wife refuses equitable time-sharing and... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick
answered on Nov 2, 2022

1. Whatever you do, do not just sit there "at a loss" about what happened.

2. Call your lawyer and --without any yelling or arguing--inform them that your address on the envelope is incorrect and give them the correct address.

3. Then write a letter to the Judge (call...
Read more »

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3 Answers | Asked in Employment Law and Libel & Slander for Florida on
Q: Is there a way to get my employer to tell me what I was accused of, by a third party, to be terminated?
Bruce Alexander Minnick
Bruce Alexander Minnick
answered on Nov 2, 2022

The only possible way is to sue the employer and try to discover who bad-mouthed you that way.

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1 Answer | Asked in Estate Planning, Real Estate Law and Civil Litigation for Florida on
Q: 2bedroom condo bought 1973. G-ma (owner) died in 2000. Court “distributes” to daughters. Default ownership type in FL?

Broward county FL. I see sales papers between grandma and developer 1973. Later in year, I see a deed JTRS between grandma, and then mom&dad, and aunt&uncle. 5 months later in 1973, I see 2 quitclaims from mom&dad to grandma, and another from aunt& uncle to grandma. Did they undo... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick
answered on Oct 25, 2022

If this is not an essay question on a college undergraduate or law school exam, it should be.

If it is a (really complicated) real-life situation, get off the Internet and call a probate lawyer in the town where the property is located.

1 Answer | Asked in Business Formation for Florida on
Q: Want to add "co." to my business name, it is established as an LLC. Do I need to file a DBA?

I just filed an LLC in the state of Florida. The name is "Alternative Hair, LLC". I want to do all of my branding and marketing under the name "Alternative Hair Co." Or "Alt Hair Co.". It's my understanding that an LLC is a "Co." (company) and that I... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick
answered on Oct 19, 2022

No.

"Corporations" are companies and can use "Co." in their title. They can also use the words "Corporation," "Company," "Incorporated," and "Inc."

LLCs are not "corporations." They are limited liability companies and must use "LLC."

Try to get a d/b/a.

2 Answers | Asked in Land Use & Zoning and Landlord - Tenant for Florida on
Q: I rent a house in florida. my neighbor has a big trailer that is parked on his land but trailer hovers over my land

The wheels are on his property but about 5 feet of the trailer sticks out into my yard where my kids play. would it be the same law if a tree branch from another yard hangs over your yard?

Bruce Alexander Minnick
Bruce Alexander Minnick
answered on Oct 19, 2022

Yes, in a technical and legal sense, your neighbor is trespassing because his trailer is encroaching upon your property. It is the same as when a neighbor's tree hanging over your house falls on your house. The neighbor would be liable.

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3 Answers | Asked in Probate for Florida on
Q: Do children have rights to an estate if the parent has surviving spouse?

She passed 4 years ago and my stepfather won't speak to us or let us in the home. We have nothing of our mothers. The home was left to her by a man she took care of for 10 years or more. Her husband was on the house by law but she had me take her to a divorce attorney before we found out she... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick
answered on Oct 19, 2022

If the deed to the property is in both names, then your mother and stepfather owned it "by the entireties," which means neither could sell it without the other's permission.

So that means you need to take a copy of the deed to a Florida lawyer and ask them

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2 Answers | Asked in Landlord - Tenant for Florida on
Q: Rental house hit by Ian is habitable. Renters intend on deducting rent because fence cannot be replaced yet. Legal?

Our rental home was hit directly by hurricane Ian. The house is habitable, lights, water, roof, etc are all working. We are working with an insurance adjuster and insurance company to work the remaining repairs. The tenants are now saying they are going to deduct the cost of a temporary fence from... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick
answered on Oct 19, 2022

Your tenant is trying to take advantage of you only because they know it will be hard to replace them for a while.

Call their bluff: Tell your tenant they can withhold whatever amount of rent they want, but you will evict them immediately for doing so.

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2 Answers | Asked in Contracts and Landlord - Tenant for Florida on
Q: Find out if a very restrictive addendum that is referenced in the lease is binding, since the landlord didn't sign it

I am in City of Miami (Miami-Dade), FL, renting one unit in a duplex home & have had issues with my landlord and he's not willing to let me out of the lease without paying an early termination fee or liquidated damages, I'm willing to provide 60 days notice and he's likely to get... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick
answered on Oct 19, 2022

As long as the addendum has your signature on it, the landlord can enforce it against you.

Worse yet, if the landlord did not sign it, then you cannot enforce it against them.

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1 Answer | Asked in Employment Law for Florida on
Q: Hi! I got terminated from my job here in Florida. The terminated me on the spot and never signed a termination letter.

They terminated me and gave me the reason “business is changing”. I never signed when I received my laptop and never signed anything when they fired me. Now they’re texting me saying that they want their laptop back.

I’m so sad that I got terminated without a valid reason and on... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick
answered on Oct 15, 2022

Unless the employer gave you (a very expensive) laptop to keep, you must return it.

You know perfectly well that you cannot keep a laptop that you do not own.

If your former employer wants to make more trouble for you, they will tell the police that you stole the MacBook Pro,...
Read more »

2 Answers | Asked in Contracts, Tax Law, Business Law and Intellectual Property for Florida on
Q: We created a computer program that buys and sells Forex. We'd like to make sure we're legally following procedures.

We would like to take on clients to split the funds that the program makes from the buys/sells, but we want to be sure we do it the right way, legally and for tax reasons. We are researching resources to make sure we do this properly.

Bruce Alexander Minnick
Bruce Alexander Minnick
answered on Oct 13, 2022

Whoa.

Before you go one more step, stop and call the Florida Department of Financial Services, Division of Securities Regulation in Tallahassee. They will explain what you cannot do.

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1 Answer | Asked in Contracts for Florida on
Q: Hi had a contract w/ my Ex over child support. Our daughter was 15 at the time. I pre pay her $19K over 18 mo's in

4 installments. She relinquishes all CS fin obligations thru our daughters HS grad 6/2023. PIF 11/5/19. In 11/2020, she contacts the Fl DOR, they open a case against me, I testify in the 2nd DCA and win. Can I sue in Civil Ct and be eligible to be awarded the $6K it cost to defend myself? Thank... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick
answered on Oct 10, 2022

You can try, but unless the written contract contains a clause addressing liability for attorney fees and costs (prevailing party attorney fee clause), you probably cannot get reimbursed.

However, there are not enough facts stated to say for certain.

1 Answer | Asked in Contracts and Government Contracts for Florida on
Q: Signing documents while being on drugs

If I was on drugs and I told someone to sign documents for me because I wasn’t in the right state of mind; Is the contract voidable?

Bruce Alexander Minnick
Bruce Alexander Minnick
answered on Oct 8, 2022

Probably not. But without looking at the documents and hearing more about it, I cannot say for sure.

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