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Florida Questions & Answers
1 Answer | Asked in Education Law for Florida on
Q: Can they remove my daughter from her magnet/academy or suspend her for an allegation that there is no proof of?

My daughter goes to a Miami-Dade public school and participates in a magnet/academy w/in the school. Last weekend there was a school trip where girls were caught vaping. The girls that were caught in turn claim that my daughter was doing the same thing and that she threw out a vape pen in the... Read more »

Terrence H Thorgaard
Terrence H Thorgaard
answered on Feb 3, 2023

It is incorrect to say that "there is absolutely no proof"; another student's word IS proof (or evidence). As you indicate, "It is their word against hers". So, it depends on who they believe. If the school's rules and regulations allow suspension or expulsion for... Read more »

1 Answer | Asked in Landlord - Tenant for Florida on
Q: Can I legally record loud upstair neighbor as recordings are noises and not talking to prove to management noises?

I have a loud upstairs apartment neighbor for that I have filed complaints about due to excessive running, slamming, and pounding. I have been asked to have someone come out and hear it but either no one has come out or the noises don't last long enough. I have written records but still would... Read more »

Terrence H Thorgaard
Terrence H Thorgaard
answered on Feb 3, 2023

Can you record the noise as heard in your apartment? Of course.

1 Answer | Asked in Family Law for Florida on
Q: In Florida, what legal steps should father take if mother strongly restricting his time/access to his 16y/o daughter?

Mother now claiming she doesn't want father to interact with daughter at all, unless he goes through psychological evaluation.

Rand Scott Lieber
Rand Scott Lieber
answered on Feb 3, 2023

You do not mention whether you have been to court or not. If you have never been to court then you can file a paternity case (assuming that you are not married). Through the court process you will get a parenting plan which specifies what time belongs to each parent. Then if she obstructs your time... Read more »

1 Answer | Asked in Car Accidents and Insurance Bad Faith for Florida on
Q: Is it legal to list a fictitious address on car insurance?

Separated from husband, he just had to get new car insurance due to his accidents. He has listed a friends address as to where my vehicle is being kept., Is that legal or should I call the insurance company?

Charles M.  Baron
Charles M. Baron
answered on Feb 3, 2023

That is a matter of the terms of agreement with the insurance company, and those terms are contained in the written policy. If the address listed for the vehicle is not the correct address, that most likely violates the policy, subjecting the policyholder to cancellation of the policy. So... Read more »

1 Answer | Asked in Family Law for Florida on
Q: Can I still sign annulment papers that are 6 years old? The claim still shows an active status. It was filed in Califor.
Rand Scott Lieber
Rand Scott Lieber
answered on Feb 3, 2023

This is a question for a California lawyer since that is where the case is filed. However, my guess is probably not. Speak with a California family lawyer for more specific advice.

1 Answer | Asked in Family Law for Florida on
Q: Can I put a restraining order on my ex but still let her see our son?

Me and my ex girlfriend broke up several months ago. I have a new girlfriend and my ex girlfriend does not want our son to be around my new girlfriend. Yesterday, my ex girlfriend and her mom came to my house to drop my son off to me. Her mom physically and verbally assaulted me. I called the... Read more »

Rand Scott Lieber
Rand Scott Lieber
answered on Feb 3, 2023

Conditions in a restraining order (injunction) are up to the judge. If an injunction is issued against a person who shares a child with you then the injunction terms should reference access to the child. Speak with a local family lawyer for more specific advice.

1 Answer | Asked in DUI / DWI for Florida on
Q: If I got a 2nd DUI offense in 9/30/18 and got sentenced to jail time in 3/7/19 , when do I start to count for 5 years

When do I start counting from for the 5 years to be up

Jonathan Blecher
Jonathan Blecher PRO label
answered on Feb 2, 2023

If you are referring to the 5-year license revocation period, it will last for 5 years from the date of release from incarceration. You will need to provide DHSMV with the release date on a DHSMV form signed by the jail.

1 Answer | Asked in Family Law for Florida on
Q: My longtime domestic partner has threatened to have me arrested because I left him and took the car that we both owned.

He has since transferred the title into his name which leave me without transportation

Rand Scott Lieber
Rand Scott Lieber
answered on Feb 2, 2023

Generally, if both of your names are on the title one party cannot simply remove the other party. You need to look carefully at the title. If you have the registration it should show both of your names. If it does not you need to look further. Ultimately you may need to go to court to resolve this... Read more »

2 Answers | Asked in Criminal Law for Florida on
Q: If you were originally charged with a felony, but give a misdemeanor probation if you violate in Florida, is it a felony

Can the judge revoke the misdemeanor and reinstate the felony?

Leonard Louis Cagan
Leonard Louis Cagan
answered on Feb 2, 2023

If you pled to a misdemeanor as part of the plea negotiation then the case became a misdemeanor. The judge cannot change the charge back. The State has power over the charge and the judge power over the sentence. Depending on what type of misdemeanor you pled to you can still receive up to a year... Read more »

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1 Answer | Asked in Uncategorized for Florida on
Q: if I pay HOA dues and the Board hires an HOA attorney with those funds how can that attorney ever be used against me?

Since my money pays the attorney why is that not a conflict of interest if I sue the HOA.

Terrence H Thorgaard
Terrence H Thorgaard
answered on Feb 2, 2023

Did you tell the attorney something in confidence, believing the attorney was representing you? Or did the attorney give you legal advice? Only in one of those cases would it be a conflict of interest.

1 Answer | Asked in Internet Law and Libel & Slander for Florida on
Q: Neighbors have been hacking my phone and have been showing photos that are only on my phone. Is there anything I can do?

I never go outside during the say. I usually go out at night to take out my trash and get my mail. I understand if I'm out in the public it's fair game but that's not the case. I believe along with their hacking they have obtained my private photos and have been showing them to... Read more »

John Michael Frick
John Michael Frick
answered on Feb 1, 2023

Your best and most cost effective solution is to update the security in your cell phone and your home internet WiFi.

1 Answer | Asked in Contracts for Florida on
Q: Hello, I have an approved proposal for a pool company that was signed in 2021.

Construction was set to begin a year or so later. Fast forward to now, construction is on Phase 2 , however, the company reached out and advise that prices has went up since we signed the contract and they now want to add an extra charge of 10k extra to our original price amount. Mind you we have... Read more »

Barbara Billiot Stage
Barbara Billiot Stage
answered on Feb 1, 2023

That depends on the terms of your contract, which we cannot review in this online forum. You would need to take the contract to a lawyer to review.

1 Answer | Asked in Criminal Law for Florida on
Q: I was set up for a drug sale during the pandemic. Are there any laws at all that could help me since it was a pandemic?

I was set up in 2020 by UCs on a controlled sale. It was in the middle of the pandemic. It really is bugging me that the whole world was completely shut down from a global pandemic where everyone lost there jobs and cops were out there trying to buy drugs from people. So I’m wondering if there is... Read more »

Jonathan Blecher
Jonathan Blecher PRO label
answered on Feb 1, 2023

While law enforcement efforts in many areas slowed down considerably, your thought that law enforcement resources should have been paused during this period is ludicrous. The pandemic didn't stop you from selling drugs, did it? Why should police efforts stop. Should police have stopped making... Read more »

1 Answer | Asked in Car Accidents for Florida on
Q: Can you be at fault for changing lanes when all the other cars are stopped and you turn on your signal in advance?

All of the cars are stopped and there is an open space to your left to pull into the left lane due to a gap left between a car and a truck. However, despite you already being halfway in the lane in the middle of the lane change, the truck suddenly accelerates in the middle of your change and slams... Read more »

Tim Akpinar
Tim Akpinar
answered on Feb 1, 2023

A Florida attorney could advise best, but your question remains open for two weeks. Until you're able to consult with a local attorney for state-specific vehicle and traffic law, the general rule nationwide is that the vehicle changing lanes or merging has a duty to make sure it's safe to... Read more »

1 Answer | Asked in Landlord - Tenant for Florida on
Q: Is a 3-day eviction notice legal when you've been living in an extended stay hotel longer than 2 years?

I have four boys one of them is autistic and we have nowhere to go but live in our car

Barry W. Kaufman
Barry W. Kaufman
answered on Feb 1, 2023

The notice is a 3 day "Pay or leave" notice, correct? It means that you need to pay the rent in full in 3 days OR leave. If you don't, then the landlord can file an eviction action against you.

While you situation is serious and heartbreaking, the fact that your son is...
Read more »

1 Answer | Asked in Child Support and Family Law for Florida on
Q: Father who resides in Florida has faithfully paid child support after child’s mother filed claim in puerto rico. Child

now 18 and state of Fl sent father letter saying he no longer had to pay child support. Mother filed again in Puerto Rico since they recognize a child until age 21. Does father still have to pay even though FL said he doesn’t because the child is now 18 and considered an adult in FL?

Rand Scott Lieber
Rand Scott Lieber
answered on Feb 1, 2023

You need to look at which jurisdiction (state) issued the child support order. If the original order was from Florida and it has terminated because the child has emancipated then you can use that as evidence if there is a new action filed in PR. If the original order is from PR then you are subject... Read more »

1 Answer | Asked in Criminal Law and Landlord - Tenant for Florida on
Q: An adult tenant assaulted minor children for the second time what are my rights moving forward with the landlord

A tenant in the park has assaulted a group of children and was arrested. Come to find out he did the same thing last year to another group of children. He was allowed to remain in the park and the other tenants were not notified of the incident. Now that he has done it again what are my rights... Read more »

Stephen Arnold Black
Stephen Arnold Black
answered on Feb 1, 2023

A property manager/property owner is liable for damages resulting from a tenant on tenant assault, provided that the manager/owner knew or should’ve known that this tenant posed a dangerous risk to other tenants. You should retain counsel here in the state of Florida for contingency fee... Read more »

1 Answer | Asked in Family Law and Child Support for Florida on
Q: 16yo son lives w/his dad in Florida, is failing 10th grade for 2nd time and is truant. Can I request to terminate cs?

My ex-husband and I have equal rights but I haven't seen or spoken to my son in 3 years. He misses more school than he attends, had an ISS last week and is failing the majority of his classes, for the 2nd year in a row. Dropping out appears eminent. Can I request to terminate child support... Read more »

Rand Scott Lieber
Rand Scott Lieber
answered on Jan 31, 2023

Assuming that the child support order was issued in Florida, a child's poor academic performance is not a reason to terminate child support. If the child drops out and gets a job the income that they earn could be a reason to modify the child support down. Speak with a local family lawyer for... Read more »

1 Answer | Asked in Landlord - Tenant for Florida on
Q: If my landlord terminate my lease does it affect your credit

If my Landlord terminates my lease because of a lease violation ( though I do have proof that the accusation is false) will it hurt my credit? At this point I’m sick of my landlord and their management company and I want to get out.

Carolina Nunez
Carolina Nunez
answered on Jan 31, 2023

It depends on the terms of the lease and the circumstances surrounding as to why you may want to terminate. Most standardized leases have an option that they can collect and attempt to recover damages as a result of the breach of the lease contract. However, it is possible that there are defenses... Read more »

1 Answer | Asked in Divorce for Florida on
Q: Can I receive alimony in a relationship for 40 years not married
Pamela J. Fero Esq.
PREMIUM
Pamela J. Fero Esq.
answered on Jan 31, 2023

Palimony is a term used to describe financial support given by one person to another after a non-marital supportive relationship has ended.

However, Palimony is not recognized in the state of Florida, which means you cannot sue for palimony in the family courts in Florida. If you have been...
Read more »

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