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Florida Arbitration / Mediation Law Questions & Answers
Q: What are my legal options for fair business practices when replacing multiple failed transmissions?

I had an issue with a torque converter and was told by 2 different mechanics that I might as well get a whole rebuilt transmission. In a matter of 2 weeks, I had to take my car to the mechanics 4 times. First to replace my bad transmission with a rebuilt one, then to service it, the to replace it... Read more »

Linda Liang
Linda Liang answered on Jul 5, 2021

You need to find a couple of experienced mechanics to give you expert opinions as to there has been any foul play. Let them put their opinions in writing. After that, you can bring it to a commercial litigation attorney for a consultation as to whether it pays to sue them.

1 Answer | Asked in Contracts, Arbitration / Mediation Law and Elder Law for Florida on
Q: Is this an arbitration clause and should I sign it? Received in my father's ALF paperwork.

Association:

And not by court action except as provided by Florida law for judicial review or arbitration proceedings.

Any court having appropriate jurisdiction may either judgment upon the award rendered by the arbitrator(s). Filing a judicial action to enable a recording of the... Read more »

Charles M.  Baron
Charles M. Baron answered on Jun 11, 2021

You are correct that it's an arbitration clause, requiring legal disputes to be resolved in an arbitration proceeding rather than a court. Certain businesses like such clauses in their contracts in order to have disputes resolved in a less costly fashion and to prevent claims from being... Read more »

1 Answer | Asked in Contracts, Arbitration / Mediation Law and Elder Law for Florida on
Q: Is this an arbitration clause and should I sign it? Received in my father's assisted living contract.

And not by court action except as provided by Florida law for judicial review or arbitration proceedings.

Any court having appropriate jurisdiction may either judgment upon the award rendered by the arbitrator(s). Filing a judicial action to enable a recording of the notice of pending... Read more »

Terrence H Thorgaard
Terrence H Thorgaard answered on Jun 11, 2021

If you don't understand the arbitration verbiage in the contract, have an attorney explain it to you. It basically means that, if there is a dispute over the contract, you will have to arbitrate the dispute instead of filing a lawsuit. See:

https://en.wikipedia.org/wiki/Arbitration

1 Answer | Asked in Arbitration / Mediation Law and Civil Litigation for Florida on
Q: I was in a relationship and bought a car. My ex boyfriend's name is on the title, what are my rights

I was in a relationship and during the course of the relationship, I took out a car loan and bought a car. I have been making monthly payments on the car and I paid the initial processing fees. My ex boyfriend's name is on the title for the car and he used to receive upkeep for the car... Read more »

Tami Lane Augen
Tami Lane Augen answered on May 27, 2021

You are both owners of the vehicle as you are both on the title. If you are the only one who signed the promissory note to purchase/pay for the vehicle, then you are the only person legally responsible for the vehicle. He is correct in that he does have an ownership interest in the vehicle. If... Read more »

1 Answer | Asked in Arbitration / Mediation Law and Divorce for Florida on
Q: Live in Florida. Divorced in Florida 2014. My wife filed and didn't put her 401k down. Do I have still rights to it.

I left the house to her and car. 401k was built up while I was paying the mortgage.

She didn't list it on the divorce agree

Rand Scott Lieber
Rand Scott Lieber answered on Apr 16, 2021

You need to look carefully at your marital settlement agreement. If you knew about the 401k when you got divorced then you had an obligation to bring it up. On the other hand, if she hid it from you then you might have a case for fraud. Finally, seven years later is a long time and may be held... Read more »

1 Answer | Asked in Real Estate Law and Arbitration / Mediation Law for Florida on
Q: Florida: can a lawyer that did a closing for the other party 10 years ago still represent me in a mediation

The closing was on a property unrelated to this case. We are a couple not married owning a house together and I hired a lawyer for a demand letter and mediation since I want to sell and the other party wants an uneven split of proceeds. However this lawyer did a closing for the other party years... Read more »

Terrence H Thorgaard
Terrence H Thorgaard answered on Mar 12, 2021

I believe the lawyer can represent you if the lawyer gets the informed consent of both parties to the mediation.

1 Answer | Asked in Arbitration / Mediation Law, Family Law and Elder Law for Florida on
Q: Sibling dispute over a widow dad. What paperwork I file in order to be able to get our dad some time of the year?

My dad has 2 daughters from ex and 2 daughters from 1st marriage to my mom. Mom passed away 10yrs ago and he hasn’t remarried. He had a brain aneurysm and is on a wheelchair and can’t speak. He only says my name, aha & no. His other 2 daughters took him out of the nursing home we had him... Read more »

Terrence H Thorgaard
Terrence H Thorgaard answered on Feb 23, 2021

Isn't it obvious? You write that "he doesn’t have an appointed guardian. " So file an application to be appointed guardian.

1 Answer | Asked in Arbitration / Mediation Law for Florida on
Q: Can I sue hotels.com for booking a room in a hotel that doesn't exist for about a year?

I booked and paid for a hotel and the reservation was guaranteed and confirmed. When I got to the hotel, hotel was not operational for about a year. No substitute was offered

David H. Relkin
David H. Relkin answered on Feb 14, 2021

I haven't consulted hotels.com's terms and conditions on their website, however, a contract cannot exclude gross negligence (which is the case most likely) or fraud (which would have required them to have actually known the hotel was not operating) without a knowing waiver.

I have...
Read more »

1 Answer | Asked in Insurance Bad Faith, Arbitration / Mediation Law and Landlord - Tenant for Florida on
Q: Damage done to my Apartment in Clearwater Florida.

I live in an apartment complex in Clearwater Florida, the management company just had my A/C unit replaced. However the contractors who did the work did a lot of damage to my personal property however, and since no one was home to supervise them and the management company did not have anyone... Read more »

Tim Akpinar
Tim Akpinar answered on Nov 14, 2020

A Florida attorney could advise best, but your post remains open for three weeks. Based on your description, this looks like a difficult and messy situation. If you are able to find resolution through insurance, that might be your most economical route. Even if you retained an attorney to pursue... Read more »

2 Answers | Asked in Criminal Law, Arbitration / Mediation Law, Civil Litigation and Small Claims for Florida on
Q: I sold a trailer but because of a EMERGENCY I had to leave state before I could give him his trailer.

Now I have to stay longer than expected. If we made an agreement on payments to pay him back, could he have me arrested of I fail to make payments on time?

Henry George Ferro
Henry George Ferro answered on Sep 22, 2020

Sounds very problematic and you need to either give the money back or get him his trailer immediately...depending on the value of the trailer you could be charged with either a felony or misdemeanor (probably a felony).

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1 Answer | Asked in Real Estate Law, Arbitration / Mediation Law and Health Care Law for Florida on
Q: Inappropriate HOA pool classification declaration by HOA Board

We recently formed a small 7 household HOA in order to be able to insure our commons pool/clubhouse jointly owned after the developer left our compound. Our HOA Board has declared the pool to be PUBLIC with draconian State Regulations attached. The Board is refusing to admit they might be wrong... Read more »

Barbara Billiot Stage
Barbara Billiot Stage answered on Aug 31, 2020

No, the pool for common use and the residential lot, unless it is owned by someone other than the HOA is now common area.

Q: Can I sue for condemned condo?

We rent a condominium in Aventura, FL. Recently we had an electrical inspection, where the result was the condo being condemned. The owner wants to sell instead of repair the problems. Is there anything we can do?

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Aug 13, 2020

Unless you have a written lease that says otherwise, you are not obligated to pay any more rent because you will be required to move. If you do have a written lease you can be sure the landlord will not renew it because he cannot do that if the condo is condemned. Finally, suing is possible, but... Read more »

1 Answer | Asked in Arbitration / Mediation Law for Florida on
Q: My Progressive adjuster considered other driver 100% at fault, suggested arbitration. Am I entitled to see verdict?

This was an car accident that took place in Florida. Together with my claims adjuster I agreed to pursue arbitration for reimbursement of deductible and out-of-pocket costs. Apart from supplying my insurance company with an account of the incident, some photographs I had taken and a diagram... Read more »

Tim Akpinar
Tim Akpinar answered on Jul 3, 2020

A Florida attorney could answer best, but your post remains open for three weeks. It's possible the arbitrator asked one or both sides for additional information. It's possible an award hasn't been rendered. Things could take longer than usual because of COVID-19 (courts are only... Read more »

1 Answer | Asked in Contracts, Employment Law and Arbitration / Mediation Law for Florida on
Q: Will I have legal problems if I signed an American Employment contract in another country (mexico) ?

I signed an Employment at-will contract, which was created under our American jurisdiction, but I had to sing it in an another country. The question is related with the uncertain problems that I could have in the future. There is contractual term which indicates that in the case of any dispute or... Read more »

Terrence H Thorgaard
Terrence H Thorgaard answered on Jun 4, 2020

If and when the contract is ever raised in litigation (or arbitration), be sure to make your attorney aware of it. I don't know what the contract says, but "employment at will" is the law just about everywhere in the U.S. anyway.

1 Answer | Asked in Arbitration / Mediation Law for Florida on
Q: I need legal guidance to enforce an arbitration decision awarded against a window company located in Pompano Bch.

The arbitrator gave the company until May 15, 2020 to complete the project and they did not. It could be due to the pandemic and they may have gone out of business and they may start up business once the economy picks up. Meanwhile this company is only taking messages when we call and they have... Read more »

Terrence H Thorgaard
Terrence H Thorgaard answered on May 25, 2020

It wouldn't hurt to take action now, but if you wait for a few months that wouldn't hurt either.

2 Answers | Asked in Arbitration / Mediation Law, Civil Litigation and Contracts for Florida on
Q: Can condo association bar missionary family members from staying in family’s home during the covid-19 pandemic?

Is it legal for condo associations in Broward County, Florida, during the COVID-19 pandemic phase 1 of reopening, to restrict a property owner from allowing their missionary family members to go to stay at their residence, for a short term of a couple weeks, as they are stuck without a home until... Read more »

Terrence H Thorgaard
Terrence H Thorgaard answered on May 19, 2020

Florida Statute 718.1265 provides in pertinent part:

"Association emergency powers.—

(1) To the extent allowed by law and unless specifically prohibited by the declaration of condominium, the articles, or the bylaws of an association, and consistent with the provisions of...
Read more »

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2 Answers | Asked in Arbitration / Mediation Law for Florida on
Q: I need a mitigation attorney that can help be a negotiater for my 500ksettlement money

I need a mitigation attorney that can help be a negotiater for my 500ksettlement money between my 2 attorneys (one who withdrew) who wants 40% plus 50k in expenses and the other who was only on my case for 7 months and wants also 40% and 30k in his expenses and says he has 5000hours of his time at... Read more »

Charles M.  Baron
Charles M. Baron answered on Apr 2, 2020

Sorry to hear about your mess. I think you are not using correct terminology - do you mean need a mediation attorney, that is, an attorney to mediate between your two attorneys? And if you mean that, have the two attorneys expressed a willingness to have a third person mediate between them, or... Read more »

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1 Answer | Asked in Arbitration / Mediation Law for Florida on
Q: HOA Presuit Mediation - do the Homeowner have the right the right to know the names of the people involved ?

The Florida Law Firm will not disclose their Client name etc, only hiding behind the HOA,

I do not know if it is the Board of Directors or Property Manager or individual resident.

Terrence H Thorgaard
Terrence H Thorgaard answered on Nov 14, 2019

A HOA is usually a corporation, which is a legal "person". So the "people involved" is not the same as the individuals who may be directors or individual owners.

If you want to know more, you should tell us more about the issues involved in whatever dispute you have with the HOA.

Q: Our Georgia attorney lost our probate caveat due to his inability to do what we asked! Then dropped my wife from

The contract which was contingent on winning and if it went to appeal he would be there for her?

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Aug 12, 2019

Is there a question in here somewhere?

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3 Answers | Asked in Family Law, Arbitration / Mediation Law, Child Support and Civil Rights for Florida on
Q: I just filed for divorce and notified my ex's lawyer to which she said they will object, challenging the jurisdiction.

I initiated a request for child support thru DCF and because my ex lives in Texas, the case was sent there for enforcement. However his hearing was deferred because he said he was filling for divorce, yet he never did. This occurred back in April. I never received any official paperwork from the... Read more »

Rand Scott Lieber
Rand Scott Lieber answered on Aug 2, 2019

If you have lived in Florida for more than six months then you can file for divorce in Florida, even if he lives in Texas. An issue that could arise is did he file for divorce in Texas before you filed in Florida. Regardless, the children's issues will be resolved in Florida if that is where... Read more »

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