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Questions Answered by Bruce Alexander Minnick
2 Answers | Asked in Contracts for Florida on
Q: I’m under contract on a condo in Florida. The hurricane destroyed the area but not the condo. Can I get out or the deal.

Little to no damage on the unit but the building, pool and surrounding area has suffered significant loss.

Bruce Alexander Minnick
Bruce Alexander Minnick
answered on Sep 30, 2022

As Attorney Barbara Stage told you, the answer might be contained in the written terms of your purchase and sale contract.

I will tell you that if you financed the sale with a third party (like a bank or finance company) there are two chances of them letting you off their separate...
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1 Answer | Asked in Family Law for Florida on
Q: Can I throw out my exes things that he left when I kicked him out? He said he will come back for them and hasn’t.

I gave him 30 days to get out which are up on Friday. He moved over a week ago and left stuff at my house. Some is junk some is worth value. Can I throw it away without getting into legal trouble? For 3 days he said he would get it and hasn’t. Now he ignores me when I ask. His family won’t... Read more »

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

Unless you want to continue this acrimonious relationship, I suggest you hold on to the stuff for at least 30 to 60 days and WRITE LETTERS to your ex and to his family just to have written proof that you did not steal anything.

2 Answers | Asked in Child Custody and Family Law for Florida on
Q: If a child has been living with grandparents, but there is no legal custody arrangement, can grandparent deny the mother

If there has been no court ordered custody or guardianship arrangement, Can a grandparent, who has been caring for a child for an extended period of time, deny the mother the ability to take the child back? And can they make rules denying the parent from having the child stay with said parent... Read more »

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

Under Florida law, the child's parents always have priority over any rights the grandparents may assert. However, just to make it clear to the grandparents you should retain a lawyer to protect your superior rights.

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1 Answer | Asked in Consumer Law, Contracts and Civil Litigation for Florida on
Q: What can I do to get my car that is in my name but still in my exes possession in florida?

Payments are not on time and I want to get the car paid off and off of my credit.

Bruce Alexander Minnick
Bruce Alexander Minnick
answered on Sep 23, 2022

If the automobile is titled in your name only you have a legal right to go get it, unless you were supposed to transfer it to him in the divorce.

1 Answer | Asked in Family Law, Child Custody and Military Law for Florida on
Q: Will a POA suffice so I can take over my husband’s coparenting agreement while he is in school for his new assignment?

My husband, who is in the Air Force, is leaving for about five months to tech school to cross train to his new AFSC. There is a parenting agreement in place for my stepdaughter and right now we have her every other weekend (Friday - Monday). Will a military POA suffice so I can take over my... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick
answered on Sep 23, 2022

The Judge was the ONLY person who established your husband's visitation rights, and the Judge is the only person who can answer this question. Do NOT rely on a "military POA." Ask the Judge.

2 Answers | Asked in Employment Law for Florida on
Q: Will a judge rule in a claiments favor if he has ordered all defenses the employer may have had to the claim striken?

The employer didnt show for mediation, and after numerous request to show cause; the judge ruled they willfully failed to comply and found sanctions to be appropriate. He then ordered all defenses the employer may have had to the claims made striken and set a final hearing.

Bruce Alexander Minnick
Bruce Alexander Minnick
answered on Sep 23, 2022

If you are the claimant ("claimant" is spelled with an "a") you are closer to winning than you were before filing the claims. However, unless and until the Judge actually enters a judgment in your favor you are not out of the woods.

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1 Answer | Asked in Securities Law and Stockbroker Fraud for Florida on
Q: Broker decided to close my account and sell my securities. They said I broke section 3 of their agreement without detail

Is it legal for a brokerage firm to decide they no longer want to manage my account and sell my securities without my permission. They refused to transfer them to another firm.

Bruce Alexander Minnick
Bruce Alexander Minnick
answered on Sep 22, 2022

Yes, it is legal for a brokerage firm to decide that they no longer want your business.

No, it is not legal for the brokerage firm to liquidate your securities unless they have a good reason.

For any more help you will have to retain a lawyer. Search for one using Justia.

1 Answer | Asked in Internet Law and Sexual Harassment for Florida on
Q: Someone is blackmailing me after receiving pictures of my exposed body. How do I handle this if they are Underaged?

This person sent photos first. Then threatened to expose me unless I sent them money? They did send it to one person without my consent already.

Bruce Alexander Minnick
Bruce Alexander Minnick
answered on Sep 21, 2022

By your opening admission, this is the bed that you made, so I doubt the Florida courts will get involved.

2 Answers | Asked in Employment Discrimination and Employment Law for Florida on
Q: My daughter is a server. The owner has opened 2 new restaurants. Can she be forced to work at a different restaurant?

The restaurants are different concepts. Different rate of pay and duties. Refuses to hire more people. And this employer is also not paying the girls overtime. They also are never given pay stubs. The owner also recently refused to give her the insurance company's name for a workers comp... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick
answered on Sep 20, 2022

Yes, unless she has a written employment contract that dictates where she works, the employer can tell her to relocate. In Florida, employees work (serve, in this case) at the employer's pleasure.

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2 Answers | Asked in Child Support and Family Law for Florida on
Q: Child support lawsuit Vs. Disability

The mother of my child filed a lawsuit against me for child support money. I haven’t worked in three years due to work injuries and I’m unable to work because of my restrictions. I send my medical files to the department of revenue. I asked them to modify my support payment. Even when I was... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick
answered on Sep 20, 2022

The DOR is not a Court of Law. The DOR merely enforces the Orders of the Courts of Law.

As long as there is an enforceable judicial Order requiring you to pay child support, you must obey the Order.

If it is true that you cannot work, then you have to go back to Court, not whine to DOR.

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3 Answers | Asked in Civil Litigation and Small Claims for Florida on
Q: If suing a LLC business, and the principal address and mailing address are different, which address should be served?

The business I am suing is an LLC and is also franchised. This will be a small claims case in the state of Florida. For the business I am suing, there is a principal address listed, a mailing address listed and also a registered agent name and address listed. Which of these addresses should receive... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick
answered on Sep 20, 2022

You have to serve the Registered Agent at the address provided.

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2 Answers | Asked in Estate Planning and Probate for Florida on
Q: I'm trying to get some information on what I need to do to access my father's estate/finances without a written will.
Bruce Alexander Minnick
Bruce Alexander Minnick
answered on Sep 15, 2022

You will have to open a probate case in the local circuit court, Call the Clerk's office and ask for assistance.

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1 Answer | Asked in Contracts and Business Law for Florida on
Q: in Florida can a leinholder come take your rv when its not up for repo. what can i do
Bruce Alexander Minnick
Bruce Alexander Minnick
answered on Sep 15, 2022

Assuming that the lienholder has a valid financial grievance against you, like for not paying your obligations to them as you agreed, the answer is yes. Lienholders do not have to wait for someone else to initiate repossession proceedings to protect their liens.

3 Answers | Asked in Health Care Law, Contracts and Medical Malpractice for Florida on
Q: Can a doctor charge cash for a visit if the doctor knows the patient is a medicaid recipient?

My doctor has been seeing me for many years. He first started seeing me under medicaid. He decided to stop accepting medicaid. He continued seeing me now for years as a cash patient. I was informed he wasn't allowed to if I was on medicaid. At first he had us signed a form that I was paying... Read more »

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

The United States of America abolished slavery in 1863.

1. Neither your doctor nor any other doctor is required to treat patients who are on Medicade.

2. Neither your doctor nor any other doctor is prohibited from requiring patients to pay cash at the time of service.

3....
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1 Answer | Asked in Landlord - Tenant for Florida on
Q: I getting evicted I have no lease only a verbal and the owner isn't who I thought it was and now they want me out

My roommate my long time friend told me that he owned the property but his sister owns the property and now she wants to evict me I have a verbal agreement with the roommate but not the original owner and she wants to try to evade me I have not been given a written notice yet

Bruce Alexander Minnick
Bruce Alexander Minnick
answered on Sep 7, 2022

The owner of the property can evict you.

The owner of the property can evict your roommate too.

You and your roommate need to find different digs.

1 Answer | Asked in Family Law for Florida on
Q: I am petitioning to change my name through the local clerk of court. The paperwork that must be filed has the following

options for stating whether or not you have a criminal history: “I have never been arrested for or charged with, pled guilty or nolo contendere to, or have been found to have committed a criminal offense, regardless of adjudication.” OR:

“I have a criminal history. In the past I have... Read more »

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

As I always do, I am going to take sides with your grandparents and parents, you know, the smart ones who told you that "honesty is always the best policy."

Regardless of how you would like to spin it, you were "charged with a DUI," which meets the wording of choice #2....
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2 Answers | Asked in Business Law for Florida on
Q: Does an LLC have to report a change in principle operating address within a certain amount of time from the change?

Also is it illegal to submit annual reports from an LLC showing false information as to the agents address?

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

The Florida Department of State (DOS) has the power of regulation over all LLCs and all other corporate entities. Anyone can file a complaint about any organization not following Florida law. DOS can sanction the owners.

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1 Answer | Asked in Family Law and Child Custody for Florida on
Q: I about a year ago I gave temporary custody of my daughter to my father she's 16 do I have to go to the courts to get he

I gave temporary custody of my daughter my 16 year old daughter to my dad until I could get my own place get a steady job staple job and get on my feet financially well I'm I'm financially okay now and I have my own home and I have a good job do I have to go through the courts my daughter... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick
answered on Aug 30, 2022

If a Judge gave your father temporary custody of your daughter, you will have to return to the same Judge to undo his Order. You might have visitation rights but that is NOT the same a custody.

4 Answers | Asked in Contracts and Real Estate Law for Florida on
Q: I am buying a house that has a leased solar system installed on the roof. The seller wants me to assume the lease.

The AS-IS CONTRACT to purchase the house, under the “Additional Terms” section, includes the statement “Buyer agrees to assume the terms of the solar panel lease.” After speaking with the solar company multiple times, I’ve gotten wildly different amounts from them (to either pay off the... Read more »

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

The best answer you received is the answer from Mr. Thoraagard.

Unless you assume the lease, the solar panel company will probably repossess the solar panels.

You have three two options: (1) Assume the lease as is, or, (2) buy the solar panels, or, (if the price is too high) try...
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1 Answer | Asked in Employment Law for Florida on
Q: Is the pay structure and employment status my company is using legal?

I work for a tile installation company. Several months ago my boss made me a “subcontractor”. He told me I needed no license or anything, I would be payed per job, and by the square foot when the jobs were completed. Since then he has flopped back and forth between hourly and by the job pay, I... Read more »

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

If everything you say is true about this horrible employer, you will help yourself greatly by looking for another better job...now.

Your fear of not being paid for some of the work you have already done is one of the ways this employer keeps you stuck where you are.

Warning: Your...
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