Lawyers, Answer Questions  & Get Points Log In
Florida Civil Litigation Questions & Answers
1 Answer | Asked in Civil Litigation, Land Use & Zoning and Real Estate Law for Florida on
Q: May I remove a DEAD 4'single shrub plant that was planted on the property line. Neighbor says don't touch it or will sue

Just moved to the home 3 months ago. Have had the property line survey done twice to be certain of location of

dead bush. This type of plant has thorns up to 2 inches long and very sharp. Surveyor says plant is 6 inches over the line on our property. Lake Co. FL. Thank you.

Terrence H Thorgaard
Terrence H Thorgaard
answered on Mar 30, 2023

May you remove a dead shrub from your property? Certainly. And if the neighbor does sue you, and if the judge doesn't believe your expert witness surveyor (who you will have subpoenaed at the trial, hopefully) and rules that the shrub was on the neighbor's property, what damages will... Read more »

1 Answer | Asked in Business Law, Civil Litigation and Personal Injury for Florida on
Q: Are you allowed to restrain a person that is destroying or vandalizing your property whether it is personal or business?
Terrence H Thorgaard
Terrence H Thorgaard
answered on Mar 23, 2023

In general, yes, assuming that by "restrain" you mean the use of non-deadly force. Florida Statute 776.031 provides, in pertinent part, that

"(1) A person is justified in using or threatening to use force, except deadly force, against another when and to the extent that...
Read more »

1 Answer | Asked in Civil Litigation and Municipal Law for Florida on
Q: What can be done if code enforcement officer will not enforce an invasive and costly violation?

Months ago, code enforcement officer gave violation notice to homeowner who was decreasing value of our neighborhood by violating an ordinance. Homeowner continued to violate ordinance; code enforcement was called again. This time the code enforcement officer sided with the violator for no good... Read more »

Charles M.  Baron
Charles M. Baron
answered on Mar 19, 2023

First discuss with the head of code enforcement, and if no result, discuss with the local government head administrator (could be mayor or could be city/county manager) and/or the elected official representing your area on the local commission/council.

A potential legal action route might...
Read more »

1 Answer | Asked in Civil Litigation for Florida on
Q: My vehicle is taken to the auto body shop I never authorized any service it was there for an estimate only I signed noth

Now I was told it's a civil matter but he has my vehicle and he did not have permission to do any of the work on it

Jane Kim
Jane Kim PRO label
answered on Mar 18, 2023

F.S. 559.921: If, in any proceeding brought pursuant to this part, it is determined that the repairs and costs thereof were in fact authorized, orally or in writing, the repairs were completed in a proper manner, and the consumer benefited therefrom, then the enforcing authority may consider such... Read more »

4 Answers | Asked in Personal Injury and Civil Litigation for Florida on
Q: Could you tell me what this means regarding my MSJ?

The Court is respectfully denying the relief sought as a matter of law. The parties are asked to confer on an order for submission to the Court through the order portal in CourtMap for review and consideration.

What does this mean? Thank you

Charles M.  Baron
Charles M. Baron
answered on Mar 17, 2023

Simple - the Court denied the motion and requested the parties to confer on the language of the order for the Court to enter, then upon reaching agreement on the language, electronically submit the proposed order via the CourtMap portal, the Miami-Dade Court system's electronic portal for... Read more »

View More Answers

2 Answers | Asked in Bankruptcy, Personal Injury and Civil Litigation for Florida on
Q: Can Civil Case Contempt affected by Bankruptcy filing?

UPDATE: I can't find where to respond to answers, so I will try to clarify better. There was a court order to both parties in the case to cease all public/private communications about the other in all forms, directly or indirectly, during active litigation. In the meantime, defendant filed... Read more »

Stuart Nachbar
PREMIUM
Stuart Nachbar
answered on Mar 17, 2023

Make a Motion to Vacate the Stay, and return to the State Court or have your counsel provide the information of the Contempt to the Trustee and present same to the bankruptcy Court

View More Answers

2 Answers | Asked in Bankruptcy, Personal Injury and Civil Litigation for Florida on
Q: Can Civil Case Contempt affected by Bankruptcy filing?

UPDATE: I can't find where to respond to answers, so I will try to clarify better. There was a court order to both parties in the case to cease all public/private communications about the other in all forms, directly or indirectly, during active litigation. In the meantime, defendant filed... Read more »

Charles M.  Baron
Charles M. Baron
answered on Mar 17, 2023

I agree with Mr. Nachbar's answer as a potential strategy, but your issue depends on what the party was held on contempt for and of course whether you are a listed creditor in the bankruptcy case. If the only reason for the contempt is failure to comply with post-judgment (collection)... Read more »

View More Answers

1 Answer | Asked in Criminal Law, Personal Injury, Civil Litigation and Civil Rights for Florida on
Q: If someone is holding a lawful and peaceful protest, can 1 person ruin it for everyone by committing crimes?

If someone is holding a lawful and peaceful protest on a sidewalk, then 1 individual person comes and throws glass at police & otherwise does disorderly and unlawful actions, are police able to deem the entire protest unlawful and disperse it? Can 1 protestor's actions represent the entire... Read more »

Charles M.  Baron
Charles M. Baron
answered on Mar 14, 2023

To answer this question, you must put yourself in the shoes of the police officers - that is how a Court would analyze it should the police action be challenged. (By the way, I have handled many police misconduct cases representing victims of false arrest, excessive force, etc., and I've been... Read more »

1 Answer | Asked in Civil Litigation for Florida on
Q: I am selling my vehicle & will transfer title to someone I know & person will pay in monthly installments for 1 year

This person is a 71 year old woman. I'm worried if she gets into a crash or dies before she pays me in full and I transferred title over to her will I have a problem with getting either the car back or the money back depending on either scenario? What will I need to ensure that I get my... Read more »

Barry W. Kaufman
Barry W. Kaufman
answered on Mar 14, 2023

Do not sell your vehicle on an installment basis. Sell it for a lump sum and get the title transferred immediately. You will not have any right to recover your vehicle. This is a terrible idea which you should abandon. If she can't or won't pay you lump sum, cancel the deal.

1 Answer | Asked in Civil Litigation, Small Claims and Contracts for Florida on
Q: Can I sue remitly for not delivering money on time ? And for all the hardship caused to the receiver, and all the stress

Can I sue remitly for not delivering money on time ? And for all the hardship caused to the receiver, and all the stressed they caused me dealing with agents and supervisor in some others country that don't even speak English correctly to understand what they say... I escalated the issue and... Read more »

Charles M.  Baron
Charles M. Baron
answered on Mar 12, 2023

The first issue here is whether Remitly breached its contract with you. You agreed to a set of terms and conditions, probably by clicking on a box on-line. You must read those terms and conditions. They might contain waivers of liability for delays, and they probably contain language on... Read more »

1 Answer | Asked in Civil Litigation, Civil Rights and Constitutional Law for Florida on
Q: HOW DO STOP A COUNTY WHO IS TRYING TO TO EVESERATE YOU ANY WAY THEY CAN. CAUSE YOU CAUGHT THEM COMMIT MULTIPLE FELONY'S

THEY ILLEGALLY FILED FOR A DEMO ORDER THE ATTORNEY SAID THEY WOULD REMOVE WITH FOCE MY FAMILY. ONES 10 FIRST TIME SHES HAD A DECKED OUT BY GRANDPA BEDROOM. AND ACROSS THE STREET FROM US. SO HER LIFE IS STABLE GRADE ARE MAXED AND I KEEP THIS NEIGHBORHOOD PROPER. I HELP ANYONE CLEAN UP WHAT SOME NOT... Read more »

James L. Arrasmith
PREMIUM
James L. Arrasmith PRO label
answered on Mar 11, 2023

It sounds like you are in a very difficult situation. If you feel that a county government agency is targeting you unfairly, you may want to consider seeking legal assistance to help protect your rights and interests.

Here are some steps you can take:

Consult with an attorney: A...
Read more »

2 Answers | Asked in Civil Litigation, Family Law and Child Support for Florida on
Q: my former husband is requesting bank statements, however, my current husband is the only owner of the business account

I am a signer, but have no ownership rights. Also they are asking for his personal accounts, which I am not on either. I do not have any bank accounts at this time. My minor children have savings accounts. Please help me

Ira Markowitz
Ira Markowitz
answered on Mar 6, 2023

Has your former husband filed a Supplemental Petition For Modification?

Have you been served?

Was there a Marital Settlement Agreement ?

Note Child Support is always modifiable as long as the child has not reached the age of 18 or 19expected to graduate High School by age 19...
Read more »

View More Answers

1 Answer | Asked in Civil Litigation and Landlord - Tenant for Florida on
Q: I need help interpreting my lease because my apt complex is saying I’m violating it

My apartment complex is telling me that I can not have someone spend the night for more than 3 days a month. But, this is not what the lease says.

It states : “ Other than residents and authorized occupants, no one else may occupy the apartment. Guests are not permitted to stay in the... Read more »

Terrence H Thorgaard
Terrence H Thorgaard
answered on Mar 5, 2023

As I read your post, the complex is right. The lease apparently reads "Guests are not permitted to stay in the apartment for more than (3) consecutive days without [their] prior written consent." Is the problem the fact that the "(3)" isn't really filled in?

1 Answer | Asked in Civil Litigation for Florida on
Q: please i sign a parenting plan with with poor representation I have not seen my son in over a year I Am pro se now
Charles M.  Baron
Charles M. Baron
answered on Mar 2, 2023

This is a question & answer forum; what is your question? If it's, "How can I find the right kind of attorney", you may the "Find a Lawyer" tab at the top of this Justia page, or contact the Florida Bar Lawyer Referral Service (which you can find online). If... Read more »

2 Answers | Asked in Civil Rights, Constitutional Law and Civil Litigation for Florida on
Q: hello I was incarcerated back in 2017 and filed a civil case due to the action of 42 U.S.C. § 1983

case info on this question is as follows. Case # 2:2017cv00098

For this issue has the statue of limitations expired yet?

The cause of action for this is: 42 U.S.C. § 1983

Charles M.  Baron
Charles M. Baron
answered on Feb 28, 2023

The statute of limitations bars the FILING of civil cases after the expiration of the limitations period. Once the case is filed, there is no longer a statute of limitations issue. However, other deadlines then come into play under the Federal Rules of Civil Procedure and the Court's... Read more »

View More Answers

1 Answer | Asked in Civil Litigation, Entertainment / Sports, Copyright and Intellectual Property for Florida on
Q: can I sell sports cards I design & create legally or is a copyright violation or some other law violation

My friend & I like to design & create sports cards of wrestlers from different companies both past and current using images (png) we find online from whatever website has what we're looking for, then using an app on our phone we assemble & alter/manipulate (color/brightness etc)... Read more »

James L. Arrasmith
PREMIUM
James L. Arrasmith PRO label
answered on Feb 25, 2023

It is not legal to use images that you find online without permission from the copyright holder. Even if you manipulate them to create a new product, you could still be infringing on the original creator's rights. If you want to create sports cards using images of wrestlers, you should obtain... Read more »

1 Answer | Asked in Civil Litigation for Florida on
Q: I am the plaintiff in a civil case in Florida and would like to know what to file in order to close my case

I have decided not to ask for expenses from the defendant and would like to close case instead.

Jane Kim
Jane Kim PRO label
answered on Feb 17, 2023

Notice of Voluntary Dismissal.

1 Answer | Asked in Civil Litigation and Real Estate Law for Florida on
Q: i have a neighbor on the other side of our fence and and the neighbor has multiple large trees which are falling down

onto our side of the fence and it's damaging our belongings and could potentially get us injured or killed if we are standing near the impact of the tree. also let me mention that the trees that fall down often break our fence slowly, we have tried asking them to cut them or something but they... Read more »

James Clifton
PREMIUM
James Clifton
answered on Feb 13, 2023

Your neighbor is liable for any dead tree or limb from their property that falls onto your property and causes damage. You may trim any limb or root from a tree or vegetation that extends onto your property whether living or dead. You need to make sure you determine exactly where the property line... Read more »

2 Answers | Asked in Civil Rights, Personal Injury and Civil Litigation for Florida on
Q: Why is it hard to find a lawyer for a civil suit for sexual battery on a child

Molestation by mom boyfriend at 13

John Michael Frick
John Michael Frick
answered on Feb 8, 2023

Very few personal injury lawyers are willing to accept cases involving intentional acts like assault and battery because of concerns about the collectibility of any judgment.

Insurance policies uniformly have “intentional act” exclusions. Public policy usually precludes insurance or...
Read more »

View More Answers

2 Answers | Asked in Business Formation, Business Law, Civil Litigation and Real Estate Law for Florida on
Q: Florida sells land by what treaty?

It is important to know what Treaty Florida uses to sell land.

Cesar Mejia Duenas
Cesar Mejia Duenas
answered on Feb 7, 2023

Hi, there is more information needed to answer this question properly. The State of Florida can acquire properties in foreclosure for unpaid taxes and other surplus lands pursuant to the Murphy Act. Please provide additional information.

View More Answers

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.