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Questions Answered by John Michael Frick
1 Answer | Asked in Business Law, Contracts, Consumer Law and Small Claims for Texas on
Q: Where do I file a small claim against a corporation headquartered in Ohio but conducts business in Houston, Texas

The Company is Divisions Maintenance Group in Ohio but operates a handyman app that provides a job load board for technicians anywhere in the nation. As we perform maintenance jobs for businesses in our local region, the businesses pay Divisions Maintenance Group for our services, and we get paid... View More

John Michael Frick
John Michael Frick
answered on Apr 19, 2024

In justice court, a suit on an oral or written contract for labor actually performed may be brought in the county and precinct where the labor was performed. TCPRC 15.092. So in the JP court for the precinct where the Sam's Warehouse where you performed the services is located.

3 Answers | Asked in Medical Malpractice and Personal Injury for Washington on
Q: I am respectfully being declined by lawyers for malpractice law suit. What am I doing wrong? Please and thank you.

I had gallbladder surgery removal because I had stones. The doctor missed one and I ended up with sepsis and a second surgery for the removal of second stone. My heath has never been the same. Can someone please help me.

John Michael Frick
John Michael Frick
answered on Apr 19, 2024

As I am sure you have been told, a bad outcome in a surgery does not necessarily mean that your surgeon committed malpractice.

Take your medical records to another surgeon in or near the county where you first surgery occurred and pay him/her to thoroughly review those records to determine...
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3 Answers | Asked in Land Use & Zoning and Real Estate Law on
Q: a piece of property next door to me, original owner was alive, he verbally handed over to me in case of his death.

How do I legally obtain the property?? My neighbor was a no-nonsense guy who didn’t live frivolously!

John Michael Frick
John Michael Frick
answered on Apr 19, 2024

There is likely no way to legally enforce a verbal promise to hand over real property in these circumstances. The decedent should have made a Will or recorded a Transfer on Death Deed. At this point, you will have to contact his heirs and ask them to deed the property to you, and they are under... View More

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1 Answer | Asked in Personal Injury, Civil Rights and Wrongful Death for Texas on
Q: Why are emergency rooms in Florida and Texas refusing to help a pregnant women? Two instances where this happened?

Some people tie it to the abortion law but the one women was turned away and had a miscarriage in her car. Is that legal. And what does abortion have to do with it?

John Michael Frick
John Michael Frick
answered on Apr 19, 2024

A federal law from the Reagan Administration (abbreviated EMTALA) requires emergency rooms to treat or stabilize patients who are in active labor and provide a medical transfer to another hospital if they don’t have the staff or resources to treat them. Medical facilities must comply with the law... View More

2 Answers | Asked in Contracts, Banking, Business Formation and Business Law for Massachusetts on
Q: How would a corporation sign legal documents ?

Id like to know if a corporation ( more specifically a Inc.) seeks to signs a legal document (e.g. bank loan, lease etc) how must the document be formally signed to be fully legal and valid?

Should the president of the corporation simply sign on behalf of the corporation as follows... View More

John Michael Frick
John Michael Frick
answered on Apr 17, 2024

The corporation can authorize anyone to sign on its behalf. It could be an officer of the corporation like the president, a vice president, or treasurer. It could be an employee. It could even be someone who does not work for the corporation at all.

Typically, either the corporation...
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1 Answer | Asked in Criminal Law, Elder Law and Municipal Law for New York on
Q: What kind of lawyer do I need to fight for me against the town and the two people who killed my sister.

I finally found hard evidence that he killed my sister with his medication which showed on the toxicology report that it was his meds. The prescription read his name on the bottle. The detective had taken a picture of the meds. There is way to much to tell on here... I am living a nightmare, I am... View More

John Michael Frick
John Michael Frick
answered on Apr 17, 2024

My advice is to contact the New York State Police and provide to them the toxicology report and other hard evidence while explaining that you are having difficulty with the local police and sheriff's dept.

The New York State Police may have received other similar reports regarding...
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1 Answer | Asked in Family Law and Appeals / Appellate Law for Texas on
Q: What are the reasons a family court would issue an Omnibus Order and what entity would verify the reason if there are me

What are the reasons a family court would issue an Omnibus Order? What entity would verify the reason?

John Michael Frick
John Michael Frick
answered on Apr 16, 2024

It depends on the nature and content of the Omnibus Order. For example, an Omnibus Order might transfer a number of cases from one court to another to equalize their dockets or when a new court is created for a particular county. Some family courts enter an Omnibus Order that is really nothing... View More

1 Answer | Asked in Criminal Law for Texas on
Q: Hello, my son is being coerced to accept the DA 40yr plea deal instead going to trial. Poor representation by attorney

my son is currently incarcerated in the Harris County Jail downtown for a capital murder that he did not commit no gun , no one was there to say it was him. Just a young lady who assume my son went to kill this person on her behalf. The DA claim my son admitted during interrogation that another... View More

John Michael Frick
John Michael Frick
answered on Apr 16, 2024

If your son did not commit the murder, your son should not accept the plea deal.

If your son is not receiving quality legal representation from his current lawyer, you should hire a different lawyer to defend him.

Capital murder cases are the most scrutinized criminal cases on...
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1 Answer | Asked in Mergers & Acquisitions for Arizona on
Q: Why couldn’t Kroger and Albertsons merge yet Amazon, Google, WalMart can continually exist as one?
John Michael Frick
John Michael Frick
answered on Apr 15, 2024

The FTC stated that the proposed deal would eliminate fierce competition between Kroger and Albertsons, leading to higher prices for groceries and other essential household items for millions of Americans. The loss of competition would also lead to lower quality products and services, while also... View More

1 Answer | Asked in Contracts and Landlord - Tenant for Texas on
Q: I have a lease with 2 other people joint and severely. 1 roommate left with little to no notice.

The landlord doesn’t care and me and the other Roomate and I are stuck paying the full amount. In turn we have offered/asked to break the lease in various ways. The only way he will allow us to break the lease is if we put it online like zillow handle the showings and bring him applications. Are... View More

John Michael Frick
John Michael Frick
answered on Apr 15, 2024

The landlord has no duty to mitigate as there has been no breach of the lease. When you sign a lease with other people jointly and severally, that means that each tenant is independently responsible to pay the landlord the full amount of rent owed, and the tenants will work out among themselves... View More

1 Answer | Asked in Real Estate Law for Indiana on
Q: Bought a meth house didn’t know, do I have any rights . We have left with just our clothes. My vehicles are contaminated

I’m autoimmune already now very sick, husband also now, do we have any rights to sue previous owners? Fumes are so bad since we started remodeling can’t get close to the house at all. Idk what to do or who to call. Pls help me

John Michael Frick
John Michael Frick
answered on Apr 12, 2024

Typically, a Seller may be liable if 1) it had actual knowledge of the condition, 2) it failed to disclose the condition, 3) the condition was material, and 4) the condition was hidden such that a reasonably prudent inspection of the house by the Buyer would not have revealed the condition.... View More

1 Answer | Asked in Employment Law and Workers' Compensation for Texas on
Q: Can a company be sued by an employee for mental and emotional stress?

My daughter is constantly bullied by her boss.

John Michael Frick
John Michael Frick
answered on Apr 12, 2024

"Stress" is not compensable but "mental anguish" is recoverable for certain breaches of legal duties.

Your daughter will be required to offer "direct evidence of the nature, duration, and severity of her mental anguish, thus establishing a substantial...
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1 Answer | Asked in Landlord - Tenant for Texas on
Q: Apartment flooded due to water heater. Recieved no compensation for 7 days not being able to live there. Anything to do?

Had to move out for several days and after requesting some type of compensation nothing was ever given.

John Michael Frick
John Michael Frick
answered on Apr 12, 2024

If your renter's insurance failed to compensate you for your alternate living arrangements during those seven days, you should take a copy of your policy to an attorney in or near the county where the premises are located to determine whether such coverage is included in your policy and, if... View More

1 Answer | Asked in Child Custody, Child Support, Divorce and Family Law for Texas on
Q: my child’s father won’t sign our custody order after we have been to court and it’s been finalized.

hi my child father and I settled a custody agreement on December 1 of 2023. I I have signed my portion of the custody agreement, but he has not even though child support was supposed to go into effect on January 1, 2024. What will happen to him if he does not sign

John Michael Frick
John Michael Frick
answered on Apr 12, 2024

It depends on whether the "agreement" arises out of mediation and is commemorated in a signed mediation settlement agreement or whether it was announced in open court and expressly irrevocable.

In many cases involving child custody, agreements reached between the parties are...
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1 Answer | Asked in Criminal Law for Texas on
Q: if you are charged with failure to ID and resisting, even though you never refused to id, and "allegedly" resisted, and

the DA gives you a plea deal. Can you have the charges dismissed with prejudice after 180 days if you never had a hearing in front of the judge to determine if you would go to trail or not? especially if the initial charge that the officer was called out for was dropped the very next day after you... View More

John Michael Frick
John Michael Frick
answered on Apr 12, 2024

Whether the DA will dismiss the charges depends on the facts and circumstances of your particular situation and how persuasive your defense lawyer is. There is no legal requirement that a case be dismissed "after 180 days." You may be thinking about the law that requires the court to... View More

1 Answer | Asked in Family Law, Child Custody and Child Support for Texas on
Q: In Texas, if I'm paying child support am I also responsible for paying for child care?

I'm currently paying child support as a non-custodial parent however, the mother of my children's grandmother also receives $500 a month for "child care". I'm also currently having to go to the custodial parent's home in order to spend time with our children because... View More

John Michael Frick
John Michael Frick
answered on Apr 11, 2024

You are only responsible for child care if you have a contractual arrangement with the child care provider to pay that provider or a court order that orders you to pay child care in addition to child support. Unless the court order specifies that you are only allowed to spend time with your... View More

1 Answer | Asked in Federal Crimes for Florida on
Q: I'm a targeted victim of VOICE TO SKULL TECHNOLOGY. It's NOT " audio delusions" How do I PROVE microwave harassment?

The first night I moved into FAIRLAWN VILLAGE apartment building, I began to hear conversations while I was ALONE in my bedroom. The context of the discussion pertained to my attire, food in the refrigerator, movies I watched, which made me think the owner installed hidden cameras plus audio... View More

John Michael Frick
John Michael Frick
answered on Apr 11, 2024

Because so many experts in the field agree that voice to skull technology does not yet exist at this level, it will be very difficult to prove such harassment unless you can successfully identify who is doing it and get your hands on the equipment.

On the other hand, there is solid...
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1 Answer | Asked in Real Estate Law and Family Law for Texas on
Q: My husband's Mother wants him to sign our land over to him without my consent. Can they do that?

His Mother owned the property over 7 years ago. She signed the land and house over to him before we moved onto the property. We moved our mobile home onto the land and built onto it. It is not movable any more. This is our homestead. We have lived here with the land in my husband's name, our... View More

John Michael Frick
John Michael Frick
answered on Apr 11, 2024

Yes, they can do that. Because his mother signed it over to your husband as a gift, the land and house became his separate property which is subject to his sole management and control. He does not need your permission to gift his separate property back to his mother.

You can, of course,...
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1 Answer | Asked in Child Custody and Family Law for Texas on
Q: What does “order to come” mean after a party doesn’t show up to court for a motion to enter hearing in family court.

The motion to enter was a final order that was agreed to in court on record and approved by judge. We just needed judge,plaintiff and defendant to sign but defendant didn’t show.

John Michael Frick
John Michael Frick
answered on Apr 11, 2024

"Order to come" is not a technical legal term with a defined meaning, so that phrase should be given its ordinary and customary meaning in the context in which it is being used.

There is a legal document called an "Order to Appear" which is commonly used to compel a...
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1 Answer | Asked in Consumer Law for Texas on
Q: dealership sold me a car with a salvage title and did not tell me nor did they give me the salvage title.

They gave me the original title to car thetefore i was denied a title in my name. We paid cash for the car and paid top dollar $12,000 they also sold us a type of after matket warranty on it, that would be invalid if we had tried to use it. I live in Texas and bought car in Louisisna. It's... View More

John Michael Frick
John Michael Frick
answered on Apr 11, 2024

Because this appears to be a used car, the Lemon law doesn't apply. You should contact an attorney in or near the parish in Louisiana where you purchased the car to pursue a claim against the dealership. They should have disclosed that the vehicle had a salvage title and should have provided... View More

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