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Florida Civil Litigation Questions & Answers
1 Answer | Asked in Civil Litigation and Civil Rights for Florida on
Q: a neighbor has their camera pointing directly in the backyard, for malice purposes (spying on us). Is this legal?
Charles M.  Baron
Charles M. Baron answered on May 17, 2022

Might or might not be. If it's pointed in a direction that would be considered legitimate security purposes for protection of their property, and simultaneously captures a portion of your back yard (and nothing whatsoever inside your home), it may be legal, regardless of motive. However, if... Read more »

1 Answer | Asked in Civil Litigation for Florida on
Q: Where is the application for a director seeking reimbursement of expenses?,
Terrence H Thorgaard
Terrence H Thorgaard answered on May 13, 2022

Not every problem people encounter has an official form by which they may seek a remedy. If you are the director of a corporation seeking such reimbursement, begin by writing a coherent letter to the treasurer, CEO, board of directors, etc. If this doesn't work, ask an attorney what to do next.

1 Answer | Asked in Car Accidents and Civil Litigation for Florida on
Q: I was in a hit & run, and the other driver pulled off. Can a lawyer find them, or should I contact my insurance?

I was involved in a hit & run car accident on Friday, May 6. I was driving my Land Rover, and a Toyota Corolla rear ended me. She pulled over for a few minutes, but pulled off before the police arrived. I have a clear photo of her license plate. My land rover has $1000’s in rear end damage.... Read more »

Terrence H Thorgaard
Terrence H Thorgaard answered on May 11, 2022

GEICO knows about it, so it is doubtful that failing to "put a claim on [your] insurance" would save you any money. You should ask GEICO to pay the claim; if they do, they may want to try to find the identity of the Toyota's owner, and file suit against her.

2 Answers | Asked in Civil Litigation, Contracts, Real Estate Law and Estate Planning for Florida on
Q: Dispute POA

My father lives in Florida. I live in California.

He added my name and my brothers name to the deed of his condo (no mortgage) in 2017.

In 2021 my brother passed away. In March 2022 my brothers widow was given POA over my father and added herself to the Quitclaim deed without my... Read more »

Terrence H Thorgaard
Terrence H Thorgaard answered on May 11, 2022

And you want to know whether the power of attorney and the deed can be annulled, and you can examine the bank accounts? You need to retain a Florida attorney for the purpose of adjudicating your father incompetent as of the date of the POA.

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1 Answer | Asked in Civil Litigation for Florida on
Q: Can you file a civil suit without a person's name but with only their address?

My neighbor falsely made a 911 call saying that I pulled a weapon on her. She basically admitted in the police report that she lied. I want to file a civil suit, but I don't know her name only her address

Terrence H Thorgaard
Terrence H Thorgaard answered on May 11, 2022

Perhaps you could name her in the suit as "Jane Doe", and amend your complaint when you know who she is, but unless you have been damaged (in monetary terms) what would you sue her for?

1 Answer | Asked in Bankruptcy and Civil Litigation for Florida on
Q: post judgement order

have order from 2014 (thru Atlanta Bankruptcy Court) where defendant owes me 4995.00 could never find defendant but recently found out he lives in Tenn now (original order is from Atlanta Ga). Can I still fight for this judgement even though it was from 2014? Defendant owes me 4995.00 and i... Read more »

Jane Kim
Jane Kim answered on May 3, 2022

Sounds like that debt was discharged in bankruptcy. You'd want to double check the bankruptcy case. If your debt was listed and bankruptcy was granted, then the debt was discharged. This means you cannot collect on it anymore.

1 Answer | Asked in Civil Litigation, Health Care Law and Medical Malpractice for Florida on
Q: Is it legal or would I leave myself open to civil lawsuits to publicly tell a story involving patients from my job

I'm an experienced healthcare worker and I'd like to publish my experiences. Is it legal to tell stories about patients without mentioning any types of identifying patient information? I would keep names, ages and locations out of it.

Jane Kim
Jane Kim answered on Apr 22, 2022

If you are an "experienced" healthcare worker then you are familiar with the term "deidentifying protected health information (PHI)." If there is no way to track back and identify the patients you are describing then you are fine.

1 Answer | Asked in Appeals / Appellate Law and Civil Litigation for Florida on
Q: How can I appeal in Small claim for someone other than the judge to judge

He would not hear me shutting me down when I speak, won't listen to my proof in evidence and disregards my accusations against the plaintiff

Were i am stating laws that plaintiffs has broken and the iied that she has and is inflicting,he goes yelling that there isn't nothing that... Read more »

Terrence H Thorgaard
Terrence H Thorgaard answered on Apr 19, 2022

It appears that your main problem is that you are talking out-of-turn. The order of speaking is often over-looked by many pro-se litigants.

The plaintiff is supposed to speak and call witnesses first. The defendant should not interrupt or attempt to present his/her side of the story...
Read more »

2 Answers | Asked in Civil Litigation, Consumer Law and Real Estate Law for Florida on
Q: Can I sue for false verbal advertisement in regards to a community for the purpose of selling a house?

Good evening, about two years ago we bought a house on a new HOA community that was still being built. When we were looking at homes, we wanted somewhere that was kid friendly and had a playground for kids. We were assured by the seller that the sales office was going to be a clubhouse with a... Read more »

Terrence H Thorgaard
Terrence H Thorgaard answered on Apr 6, 2022

No. Contracts to purchase real estate must be in writing. The assurance you got, not being in writing, is not enforceable.

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1 Answer | Asked in Consumer Law, Civil Litigation and Civil Rights for Florida on
Q: I have a mold infestation since October along with many other issues. I want to sue, they have been sued before for same

The company is Dasmen Residential and they have not done anything to cure the mold infestation that is constantly gradually getting worse everyday. Can I bring a lawsuit against them for inhumane conditions?

Jane Kim
Jane Kim answered on Mar 28, 2022

You should contact a lawyer directly. Lawyers aren’t showed to solicit your business.

Good luck.

1 Answer | Asked in Civil Litigation for Florida on
Q: Laws for inheritage a housse from spouse and father

Father left two children in Chile and remaried in Florida USA and had another child. Before he died the house appear under him and his new wife name but after he died the house appear under the wife and son name without mentioning the name of his two children from his first marriage. that he left... Read more »

Terrence H Thorgaard
Terrence H Thorgaard answered on Mar 26, 2022

It is unclear what you mean by "after he died the house appear under the wife and son name". An attorney should look at the deed to see whether any interest in the house belongs to his estate. Assuming he didn't have a will, any such interest would be divided; half of that interest... Read more »

1 Answer | Asked in Civil Litigation and Real Estate Law for Florida on
Q: roommate not on lease now in jail owes 5 grand back rent since covid whats my options?

In clearwater, fl. A roommate who was not on lease is now in jail and owes 5 grand back rent since covid started. I have meticulous records and two other roommates as witnesses whats my options? He's currently incarcerated, so I figure now is a good time to try and get some of the money owed back.

Terrence H Thorgaard
Terrence H Thorgaard answered on Mar 24, 2022

You could sue him for it, but most incarcerated people don't have many assets, so he's probably judgment-proof.

2 Answers | Asked in Civil Litigation for Florida on
Q: Had someone call me saying they had a civil lawsuit against me and gave me a case number. Is this fake?

First guy said he was a processor and gave me a number to call with case number. I look up the case number for my county and that case number doesn’t exist

Jane Kim
Jane Kim answered on Mar 21, 2022

An odd way of letting you know about it, but you can double check online yourself.

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2 Answers | Asked in Personal Injury, Real Estate Law, Civil Litigation and Landlord - Tenant for Florida on
Q: I have an older property in Airbnb and a guest staying there fell through to the next level when a step gave way

No injuries and I paid the guest $300 and had it fixed within a couple hours. They said they are not suing. The guest is checking out early and wants $300 more because of what almost happened which was he was almost holding his daughter who was at the top of the stairs. Obviously no one expected... Read more »

Terrence H Thorgaard
Terrence H Thorgaard answered on Mar 18, 2022

In all likelihood, they have no case if an injury didn't occur. But you should immediately contact your insurance carrier.

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1 Answer | Asked in Civil Litigation for Florida on
Q: Once a lawyer is involved in selling a house. Will the lawyer give the money to 1 person or each person named in a will?

My grandparents house was left to my mom and her 2 sisters. My mom passed and then my aunts decided to sell the house so they could do 50/50. They eventually had to get a lawyer involved. Turns out my step father gets 50% of my mother's portion and my sister and I split the other 50%. Will the... Read more »

Terrence H Thorgaard
Terrence H Thorgaard answered on Mar 17, 2022

The personal representative, assuming that is the lawyer, would be obligated to pay each person what he or she is entitled.

1 Answer | Asked in Civil Litigation for Florida on
Q: If I got a cat from someone that was taking it to the pound and then the original owners want it back an we keep

We’ve had it 7 months. We are the 3rd owner

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Mar 16, 2022

You are under no legal obligation to give your cat to anyone. However, if the cat was lost or ran away from the first owners I would probably consider giving it back, just because they love the cat too. Ask for visiting opportunities?

1 Answer | Asked in Civil Litigation, Criminal Law, Domestic Violence and Family Law for Florida on
Q: Family Law Prose What motion can I file to ask the judge to skip mediation due to domestic violence and other issues?
Jane Kim
Jane Kim answered on Mar 14, 2022

Not enough info to answer the question.

Do you have an order of protection? A motion is a request, so file a Motion to cancel mediation or just call it a Motion and then in paragraph format state what it is you want and why. Try setting it for a hearing before your mediation date.

Good luck.

4 Answers | Asked in Civil Litigation for Florida on
Q: Is it possible to sue someone in small claims for severe emotional distress?

I did a bit of research on mine into emotional distress cases. What is definitely negligence or intentional infliction of emotional distress. Or I read the tort for emotional distress. And could answer all 4 requirements. I have medical records for during the time as well as having to pay someone... Read more »

Jane Kim
Jane Kim answered on Mar 7, 2022

It must be intentional and the only reason why that person did what s/he did. Usually, very difficult to prove because there are usually other reasons for that person's actions.

Best regards.

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2 Answers | Asked in Civil Litigation, Family Law, Identity Theft and Divorce for Florida on
Q: Family law

How to get divorce from abusing , controlling husband and stay in my own house with my children .

Michael Ferrin
Michael Ferrin answered on Mar 5, 2022

If you are a victim of domestic violence you can seek an injunction for protection against domestic violence. In order to file the case, you would first get your evidence together (photos of injuries, videos of fights, etc) and then go to the clerks office in the county where you reside. There the... Read more »

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1 Answer | Asked in Civil Litigation for Florida on
Q: In Florida,When filling motion to vacate civil judgment, can a motion to recuse or disqualify issuing judge be filed
Jane Kim
Jane Kim answered on Feb 24, 2022

I guess you can file two motions simultaneously and set the Judge-motion first. At least you'll have the other one on file, which is essential to demonstrate timely action to vacate the judgment. Both motions are fact-specific so it depends on your set of facts and reasons whether you should... Read more »

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