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Questions Answered by Bruce Alexander Minnick
1 Answer | Asked in Contracts and Child Custody for Florida on
Q: How does the guardian contest the signature ?

If the ward signed a document that was not in the best interests of the ward or the wards dependents after. designating the guardian and the Guardianship has been exercised.

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Aug 30, 2021

If the guardian was appointed by a Florida court the guardian needs to ask this question to the judge.

1 Answer | Asked in Employment Law for Florida on
Q: I was ordered by a doctor to self isolate until my covid test returned. Can my employer force me to work anyway
Bruce Alexander Minnick
Bruce Alexander Minnick answered on Aug 30, 2021

FYI: Your doctor might be able to "order you to self-isolate" but they cannot order your employer to do anything. Even if your employer is as stupid as they look, you must either do what they say or take the consequence. Your doctor cannot help you; neither can Florida law.

1 Answer | Asked in Consumer Law, Personal Injury, Landlord - Tenant and Small Claims for Florida on
Q: Please read below, thank you in advance

I need a consultation regarding my landlord that I've been renting a room for about 2 months. I've been unable to stay this entire month because she filed false allegations against me that caused an injunction. I've read that filing false allegations are criminal and I intend to sue... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Aug 30, 2021

I am certain that there are many experienced lawyers who will litigate a small claims case against your obnoxious landlord; however, not for free. Why?

(1) Because the amount of money involved is way too small; and

(2) because they cannot collect their fees from the landlord;...
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1 Answer | Asked in Civil Litigation for Florida on
Q: Can a public health system, named as a defendant in a wrongful death lawsuit, use my money to litigate against me?

If a public health system, named as a defendant in a wrongful death lawsuit, uses my money (In theory, they are a public entity and I am a member of the public) to retain outside counsel to litigate against me, the plaintiff, am I entitled to recover some or all of the fees and expenses paid to the... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Aug 30, 2021

It matters not where the money to pay defendants' attorney fees came from. All that matters is whether the statute or case law that you are suing under provides for prevailing party attorney fees.

If you do not have counsel you are hurting yourself; look for an experienced tort...
Read more »

2 Answers | Asked in Divorce, Family Law and Child Support for Florida on
Q: Hello, I am a mom in the process of separation from my husband. Is it a good idea to sell my house?

We purchased the house before we got married. I don't have money or a place to go but he suggested that we sell the house... what should I do?

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Aug 30, 2021

Hire a divorce lawyer before doing anything. Many will take your case free, if there is any chance that your husband will be responsible for your fees.

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2 Answers | Asked in Collections and Small Claims for Florida on
Q: How do I request a fact info sheet after I've been awarded a judgment?

The fact info sheet was not sent to the defendant (business and owner) with the final judgment notification. The defendant is ignoring this judgment.

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Aug 26, 2021

There is no law preventing you from sending the judgment debtor a fact information sheet attached to a "Notice of Initiating Collection and Request for Financial Information." Every month.

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1 Answer | Asked in Landlord - Tenant for Florida on
Q: I currently rent a property in Orlando, Florida I was given a notice today that the landlord wants to sell the property.

Obviously, I would very much like to cooperate with my landlord, but the fact of the matter is my landlord has chosen to endanger my family, by allowing numerous strangers to start viewing the property I rent 3 days per week & 1 day per weekend until our Lease ends in Feb 22. All of their legal... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Aug 20, 2021

The short answer to your lamentation is yes, you--and every other tenant living under a written lease--have to abide by all the written terms of your lease, regardless of how you feel about it and regardless of your fears.

If your lease is the standard lease used by 99.9% of the landlords...
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3 Answers | Asked in Criminal Law, Divorce, Family Law and Child Custody for Florida on
Q: Can my ex husband stop by the house our children reside at when we have a court order that he gets supervised visits?

My ex and I are not together due to domestic battery. I had a restraining order for two years and was not able to renew it because he had not contacted me. Since his battery charge against me he has been arrested 3 times for battery and convicted once. He and I own the house that my children and I... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Aug 20, 2021

I can read this incident another way: Perhaps your husband brought a cop with him when wanted to give his children something--at a time he knew you would not be there--just to be sure you could not renew your outdated domestic battery retraining order. He probably also wanted to avoid a nasty scene... Read more »

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3 Answers | Asked in Divorce, Family Law and Child Custody for Florida on
Q: My divorce papers state to return the children 7 days prior to the start of school. How is this calculated?

If I have to return the children to the other parent seven days prior to school recommencing on 2nd September at 8am, would this be on 26th August or specifically before 8am on the 26th? My understand is that it refers to a date rather than a time. This is written in a FL divorce agreement if this... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Aug 20, 2021

IMO, the "legal" deadline is midnight, August 26. However unless you like to start post-divorce battles I would take them back in the early evening of August 26.

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2 Answers | Asked in Civil Litigation, Contracts and Real Estate Law for Florida on
Q: I lied to someone about a contract that does not exist and I signed a lease that has been voided but was a lie can I go
Bruce Alexander Minnick
Bruce Alexander Minnick answered on Aug 18, 2021

If you are asking whether you can go to jail "for lying to someone" or for "signing a lease that has been voided" the answer is no.

But you certainly can get into other kinds of big trouble for lying about fraudulent contracts and fraudulent leases.

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1 Answer | Asked in Civil Litigation for Florida on
Q: I was fined a large amount by city for 2 code violations I was unaware of. Is this legal?

I was fined 15000 the max amount for violating short term rental zoning. At the time I wasn't renting short term but could not figure out how to get my listing off vrbo so blocked all dates. I received emails from vrbo stating I was no longer in search results. Code found my property online as... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Aug 18, 2021

If you have a lawyer none of us on this panel can interfere unless you discharge your lawyer.

There is a way you can reduce these code violation fines but whether it will work or not depends upon may unknown factors.

However, hiring a new lawyer might be advisable because there is...
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1 Answer | Asked in Child Support and Family Law for Florida on
Q: Will the court take into account other children when a new case for child support is opened?

I was served papers from a girlfriend whom I last saw 8 years ago. She alleges I am the father of her child. My wife and I have a daughter who is 3 and we were concerned that if this were true, we would be unable to provide adequately for our daughter. Using a calculator, the estimated child... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Aug 16, 2021

No--not unless you are divorced and are obligated by law to pay child support to two (or more) different women at the same time.

I know many people will think this does not sound "fair." But the child support laws are designed to help all the single mothers out there raise their...
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2 Answers | Asked in Employment Law for Florida on
Q: Is my employer required to pay me for my quarantine?

I'm unvaccinated and was exposed to Covid by a coworker at work. My job is requiring me to quarantine without pay for a minimum of 7 days. Are they allowed to withhold pay from me since I was exposed at work?

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Aug 15, 2021

By "making you quarantine" your employer is being responsible and doing what the law requires them to do to protect ALL their employees.

Regarding paying you: If you are a salaried employee or have a written employment agreement that speaks to this issue than your employer will...
Read more »

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1 Answer | Asked in Employment Discrimination and Employment Law for Florida on
Q: Can an employer who offers covid pay deny you being paid covid payment because you aren’t vaccinated?
Bruce Alexander Minnick
Bruce Alexander Minnick answered on Aug 14, 2021

Yes. Private employers in Florida can do anything they want to their employees, as long as the reason they are doing it (or not doing) does not violate the Florida Civil Rights Act. You have two options: Get vaccinated and get "Covid pay" or refuse and get none.

2 Answers | Asked in Landlord - Tenant for Florida on
Q: So, from what I've read, the tenant has no legal right to contest an 'eviction' notice regardless of nature.

I currently rent through an LLC, have been in this home for 10+ years. Spoke with the property manager who claims I was not on a yearly lease and that my month to month was no longer going to be honored. Please bear in mind I did know I was on a month to month. I am not behind on rent even through... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Aug 14, 2021

Just wanted to add that--if you are "renting through an LLC" that you own, you have no protection from eviction because the eviction moratorium does not apply to LLCs as the tenant.

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2 Answers | Asked in Stockbroker Fraud for Michigan on
Q: I have a digital currency account through a platform named coinbase.

About 6 weeks ago they blocked led my account due to someone other than me trying to access it. I have contacted them several times. The first time they emailed me back with some generic help to open my account back up. That did not work now they wont email me back despite the several emails I have... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Aug 13, 2021

Depending upon the amount of money involved it might be possible to fix this situation--by hiring a very experienced lawyer who has a commercial banking background to "run interference" for you.

If the lawyer you hire is experienced enough to know how to convince the bank's...
Read more »

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1 Answer | Asked in Employment Law for Florida on
Q: After a job closes down after it’s spread of Covid and everyone were told not to come but without proof of negative test

And I was never scheduled after

So my question is can a job fire you for not showing up after telling you not to come w/o proof

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Aug 12, 2021

Yes. Why? Because Florida is an “at will” state, which means private employers are free to hire, promote, demote, suspend, reinstate, fire and rehire employees for any reason at any time, i.e., “at will.” The only thing employers cannot do is make any of these adverse employment decisions... Read more »

2 Answers | Asked in Civil Litigation and Probate for Florida on
Q: My exhusband received a judgement against me which I never paid. He passed away and my son is his executor as well as

Beneficiary. He won't try to enforce it. Is there a way it can be released on public records?

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Aug 12, 2021

Mr. Kaufman is 100% correct. I am writing this additional advice just to be sure you are aware of the possible consequences of your son issuing you some sort of forgiveness of the Judgment.

Judgments are lawful debts; and debts are treated just like loans. Forgiveness of a loan is treated...
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1 Answer | Asked in Child Custody, Divorce and Family Law for Florida on
Q: Divorced a year, got along great. Got in a new relationship and all civility went out the window. She threatens court.

Got along great with ex. So much so she moved across the street. We have 50/50. I got a girlfriend around Christmas and now she is bitter and cold. Always bashing me on social media. Flew our kid from FL to CA for 3 days to see her bf without permission when she was supposed to be in KY with... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Aug 10, 2021

The only lawyer who could possibly help you is the lawyer who handled your side of the divorce, because s/he was successful in getting you to 50/50.

From my own personal experience the best any father of a female child can expect is 50/50, which is where you are. So why rock the boat if...
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2 Answers | Asked in Bankruptcy, Consumer Law, Contracts and Foreclosure for Florida on
Q: Party needs to cancel its own MTD hearing does a notice to cancel need to be filed or is it better to withdraw motion?

If a moving party files a Motion and can not show for hearing what is proper procedure? Notice of cancellation with reasons or Withdraw the Motion itself? Is Motion basically withdrawn with a Notice to cancel anyway?

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Aug 10, 2021

If you intend to re-schedule your motion to dismiss then call the opposing side to get an agreement to cancel the hearing; and then call the Judge's office to inform them. They may want you to file a "Consented Notice of Cancelation of Motion Hearing."

If you withdraw the...
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