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Florida Questions & Answers
1 Answer | Asked in Employment Law for Florida on
Q: My manager called me into her office and said "I am frustrated with you". Is this a good statement?

Everyone has their share of mistakes, we do not live in a perfect world. Out of my years of work, I have never had a manager use that statement, against me. She is an HR manager, I feel very uncomfortable now. She also gave me a warning, Just want to know if there is a solution for this.

Brett Daniel Kaplan
Brett Daniel Kaplan
answered on Sep 30, 2022

Hi: I'm sorry for your situation feeling uncomfortable by the HR manager at work -- I appreciate that frustration. If you feel uncomfortable, you can always voice that to a different individual within the HR department. Also, to be sure, the law would be triggered here if the HR manager said... Read more »

1 Answer | Asked in Car Accidents for Florida on
Q: I was backing up in a parking lot and the other party was moving forward. Would both parties be at fault?

Police came to the scene in the parking lot and put improper backing on the police report and also stated on the report that both parties were traveling at 5mph. No one was cited.

Would we both be at fault and responsible for our own damages ,since we were both traveling at 5mph as stated... Read more »

Charles M.  Baron
Charles M. Baron
answered on Sep 30, 2022

The issue is negligence - who drove their vehicle in a negligent (careless) manner by not properly looking out for oncoming vehicles? That could have been one of you or both, but if the officer blamed you, in documentation, for improper backing (even though he/she didn't issue a ticket) and... Read more »

1 Answer | Asked in Real Estate Law and Landlord - Tenant for Florida on
Q: A family member stayed in our home as a guest for ten months. Now they're refusing to leave. What are my rights?

They have no lease and have never paid rent.

Barbara Billiot Stage
Barbara Billiot Stage
answered on Sep 30, 2022

You have the right to file a court action for unlawful detainer. It's similar to an eviction but for guests who won't leave.

1 Answer | Asked in Immigration Law for Florida on
Q: I met a guy 5 months he came from cuba with an i220 second line, we wanted to stay together and get married but we had

Been told that if we get married he will be Denied the papers or he will be affected in many ways please will you give the correct advise

Kevin D. Slattery Esq.
Kevin D. Slattery Esq.
answered on Sep 30, 2022

Consider scheduling a consultation with a competent and experienced immigration attorney who can evaluate all of the facts to determine what may be the best course of action. Whether, for example, he was "paroled" can dictate what options may be available, including, e.g., adjustment of... Read more »

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.

Barbara Billiot Stage
Barbara Billiot Stage
answered on Sep 30, 2022

No one can answer that in this online forum. It requires a review of your purchase agreement. You will need to hire a real estate lawyer to review it. Honestly, you should not purchase real estate without one.

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1 Answer | Asked in Family Law for Florida on
Q: Do I have to disclose finances before paternity is established
Pamela J. Fero Esq.
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Pamela J. Fero Esq.
answered on Sep 29, 2022

Yes. You will have to comply with mandatory disclosure. You need to fill out the financial data to determine future support.

1 Answer | Asked in Real Estate Law for Florida on
Q: What is my rights if a partner does not want to pay 50% of damage to property which they are co-owner?
Phillip William Gunthert
Phillip William Gunthert
answered on Sep 29, 2022

Take it out of their rent, share or eventual sale of the property by tracking these costs, if they are not a good partner in the property then buy them out, refinance or consider other options, but definitely track and keep records of all your costs and expenses for a later date in order to claim... Read more »

1 Answer | Asked in DUI / DWI for Florida on
Q: Can blood work be suppressed if an officer did not provide an option for a voluntary breathalyzer?

During a DUI arrest while visiting Florida, I was brought to the hospital for chest pains. 20-30 minutes prior to being discharged from the hospital, the officer said a breathalyzer was no longer an option (we were there for approximately 3 hours, his station was 5-10 minutes from the hospital),... Read more »

Jonathan Blecher
Jonathan Blecher
answered on Sep 29, 2022

There's a myriad of issues present in this fact pattern. I'm not licensed in California, so I can't offer you an opinion on the nuances of CA law which may apply. I suggest STRONGLY, that you retain an attorney in your area to defend you.

Good Luck.

1 Answer | Asked in Immigration Law for Florida on
Q: My wife & filed I130. Her b2 expired while waiting for the receipt of notice. Do we now need to file I485 supplement a?

We had to file I-130 separate from I-485. We now have the I-130 receipt of notice and all other supporting documentation. However, in that time, her b-2 expired. Do we need to file I-485 supplement a along with the I-485? Or are we exempt as this is a spousal sponsorship?

Kevin D. Slattery Esq.
Kevin D. Slattery Esq.
answered on Sep 28, 2022

If you, the petitioner, are a U.S. Citizen, then your spouse's B-2 overstay in and of itself is not a disqualifier for adjustment of status purposes. She would not need to file supplement A. Consider, however, scheduling a consultation with a competent and experienced immigration attorney... Read more »

1 Answer | Asked in Business Law and Contracts for Florida on
Q: I own a small business that I’d like to sell. I’m considering owner financing. Can an agreement include repossession?

I want to be sure I’m protected if the buyer defaults, or fails to maintain the business. The business is a franchised restaurant so there standards that need to be maintained. If the agreement includes a down payment, would I retain it as well?

Derek Allen Colvin
Derek Allen Colvin
answered on Sep 28, 2022

There is always some level of risk involved in every business transaction. Providing owner financing and the nature of the franchise relationship will need to be taken into account. You can't eliminate risk, but you can manage risk by contemplating these issues in an asset purchase... Read more »

1 Answer | Asked in Family Law for Florida on
Q: My case was Ordered to Private Mediation. It is stated that "within 10 days the PARTIES may agree upon a mediator".

My ex husbands lawyer chose the mediator with out asking if I agreed. I was unhappy with the decision. This same mediator had previously not conducted mediation appropriately. He was giving me bias awnsers such as "Well Judge --- won't go for that. He never does." I than spoke with... Read more »

Terrence H Thorgaard
Terrence H Thorgaard
answered on Sep 27, 2022

I agree with Mr. Minnick, but don't think that the mediator saying that the judge wouldn't go for something indicates that the mediator is necessarily biased.

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.

1 Answer | Asked in Estate Planning for Florida on
Q: Can I evoke a quit claim. I filed it for my home to my partner and we are seperating
Phillip William Gunthert
Phillip William Gunthert
answered on Sep 27, 2022

Likely not, you will want an attorney to review a copy of the deed, unless it was an enhanced life estate deed (ladybird deed), you are likely stuck with your partner as a co-owner of the property, unless they agree to sign a quit claim deed or other deed back to you, you may well be now a co-owner... Read more »

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 »

Pamela J. Fero Esq.
PREMIUM
Pamela J. Fero Esq.
answered on Sep 26, 2022

If there is no court ordered custody arrangement, there is no reason the grandparents keep the child from you, unless there are proofs you are unfit to care for the child and they appeal for custody for the child. Speak to lawyer to know how best to proceed with your case.

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2 Answers | Asked in Real Estate Law for Florida on
Q: Can I revoke a quit claim To some property while I am still alive
Barry W. Kaufman
Barry W. Kaufman
answered on Sep 26, 2022

No. A quit claim deed once executed, means that you have sold, for whatever price, the property to the other party, lock, stock, and barrel. A quit claim deed is not a gift, there's no revocation.

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1 Answer | Asked in Landlord - Tenant for Florida on
Q: Can a apartment housing company withhold a package (muzzleloadig rifle, legal to ship to any home address). in florida

exact verbiage in housing agreement is as follows "Prohibitions. Firearms, weapons, explosives or illegal drugs of any kind are strictly prohibited anywhere on or about the

Property, including in individual apartments and bedroom spaces (except government-issued service weapons carried... Read more »

Barry W. Kaufman
Barry W. Kaufman
answered on Sep 26, 2022

You agreed to the firearms prohibition when you signed the Lease. Then, you had a weapon shipped to you. The fact that is legal to ship that item to any home address has nothing to do with the fact that the item is prohibited by contract anywhere on the premises, including your apartment.

1 Answer | Asked in Family Law for Florida on
Q: Can a wife kick her husband out of the house if he has committed adultery in the state of florida? He signed a prenup.

Deed is in her name and her mother's. They have been married 4 years

Rand Scott Lieber
Rand Scott Lieber
answered on Sep 26, 2022

I am assuming that you and your spouse live in Florida in order to answer this question. You can file for divorce. You can file for exclusive use of the home, meaning that he would have to leave the house. However, adultery is not an "automatic" reason for one spouse to be "kicked... Read more »

1 Answer | Asked in Divorce for Florida on
Q: Am I still entitled to half of our home in the divorce?

01/2001 - Husband completed construction on new home & moved in.

2/11/01 - We began living together in his home and combining incomes into one account, paying all bills together,

12/12/03 - Got engaged

3/8/05 - Husband was injured in an accident at work & became... Read more »

Rand Scott Lieber
Rand Scott Lieber
answered on Sep 26, 2022

If you have lived together in the home and supported the home financially for the past eight years then you have a marital interest in the home. Whether your interest is half is a more complex question. He may have an argument that his settlement was a non-marital asset that should be returned to... Read more »

2 Answers | Asked in Contracts for Florida on
Q: Is it possible to create only one original contract copy by executing in counterpart?
Mark R. Osherow
Mark R. Osherow
answered on Sep 25, 2022

Interesting question. If the contract says it can be executed in counterparts it can be signed on separate documents. Probably would be valid if executed like that even without specifically so stating. Technically, each of the signed originals in full when placed together would be the original. If... Read more »

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1 Answer | Asked in Civil Rights for Florida on
Q: We moved to Florida based on the Florida DBPR information on their website and the Occupational Freedom and Opportunity.

The Occupational Freedom and Opportunity act state that it endorses all current and active cosmetology licenses. Now we are being told that they no longer accept Connecticut (As of a few months ago). We have checked everywhere and there was no public announcement or amendments made to the... Read more »

Charles M.  Baron
Charles M. Baron
answered on Sep 25, 2022

I've never heard of this issue, so just looked up some things up online that may help you. I do NOT vouch for the accuracy of these sites, but they may be good places to start your research and to find knowledgeable people to contact.

The American Safety Council, based in Orlando,...
Read more »

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