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Florida Uncategorized Questions & Answers
1 Answer | Asked in Uncategorized for Florida on
Q: When a couple live in resident as a couple sharing finances get made when things don't work

Is that legal for him to do just to get back at me for Not staying after moving in an agreeing to be his girl friend so now desputing charges he paid for me an now he trying to screw me over

Terrence H Thorgaard
Terrence H Thorgaard answered on May 14, 2022

If you are trying to ask a question about, when you move in together and things don't work out, whether you can sue for breach of contract; the answer is no. Had you been married, on the other hand, you would very well have a number of options.

1 Answer | Asked in Uncategorized for Florida on
Q: What form to use/term for if youre not a lawyer, but will be doing things as a lawyer would (filing etc)? Latin phrase..
Terrence H Thorgaard
Terrence H Thorgaard answered on May 11, 2022

The Latin phrase "pro se" is probably the term you're looking for.

1 Answer | Asked in Uncategorized for Florida on
Q: I want to apply for a US passport. I am 17, but turn 18 in 2 months, do I need parental consent to apply?

I also want to know if a Learner's Permit is accepted as ID instead of a Driver's License when applying for passport.

Terrence H Thorgaard
Terrence H Thorgaard answered on Apr 30, 2022

Yes, you need parental consent until your 18th birthday. But at that time a learner's permit will probably be an acceptable form of identification.

1 Answer | Asked in Uncategorized for Florida on
Q: The owner of a marketing company I hired called me a Jezebel publicly in an email to 8 men. Legally what can I do?

The marketing company did not deliver of services we paid for. Instead of staying on topic, he started insulting me to others and publically like Jezebel, a Feminist terrorist. Mind you I've only interacted 4 times with him over the year. The owner has almost entirely worked with my male... Read more »

Terrence H Thorgaard
Terrence H Thorgaard answered on Apr 28, 2022

You might be able to sue for defamation, but keep in mind that you would have to be able to prove damages. Florida Statute 836.04 is interesting; I doubt that any prosecutions based on it are made pursuant to it, in this day and age.

1 Answer | Asked in Uncategorized for Florida on
Q: I don't have a card to pay the $5. It's that the only way to take to someone. It's really sad what this world has come 2

I don't have a car to pay the $5 so is that the only way to get a response because it's really sad that this world has come to making a profit off of somebody else's misfortunate it's really terrible I just needed some help with my Dad's passing away it's already hard... Read more »

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

Yes, you definitely should edit this post if you want someone to respond.

Apparently, you need to pay someone $5, for some reason, but you don't have a car (or perhaps a card). Do you have an envelope and a postage stamp? A check or money order would also be a good idea instead of...
Read more »

1 Answer | Asked in Uncategorized for Florida on
Q: I’ve had insurance on my car for over a week. Can they legally repo my car today even with valid insurance
Tim Akpinar
Tim Akpinar answered on Apr 5, 2022

A Florida attorney could advise best, but your post remains open for four weeks. Unfortunately, there are a number of parties involved between the bank, insurance carrier, and other possible interests, and if there was a lapse in coverage, they can repossess. It could depend on the arrangements for... Read more »

1 Answer | Asked in Uncategorized for Florida on
Q: I recently just bought a handgun in the state of Florida, can I keep it in my vehicles glove box without a CCW license?
Terrence H Thorgaard
Terrence H Thorgaard answered on Mar 24, 2022

Florida Statute 790.25 (5) provides that

"... Notwithstanding subsection (2), it is lawful and is not a violation of s. 790.01 for a person 18 years of age or older to possess a concealed firearm or other weapon for self-defense or other lawful purpose within the interior of a private...
Read more »

1 Answer | Asked in Uncategorized for Florida on
Q: do i need to appear in court for a restraining order?

Do I need to appear in court for a restraining order if I don't wish fight the temporary restraining order as the defendant?

Do I need to attend the injunction hearing, the paperwork just says if I fail to attend that it will only mean it could result in injunctions being issued to me,... Read more »

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

No, if as you indicate, you don't mind an injunction being issued.

1 Answer | Asked in Uncategorized for Florida on
Q: Can you seek damages for negligence when there is no accident/injury in Florida?

I went to a retail store with a tire shop to repair/replace a tire. They recommended plugging the tire and completed the work. I was sent on my way with my toddler with me. After I got home, from an hour drive mostly interstate, I noticed markings on my tire when I was unloading the car. I... Read more »

Stephen Arnold Black
Stephen Arnold Black answered on Mar 22, 2022

You have a claim for breach of contract. All consequential losses that are foreseeable are damages that can be recovered in a contract breach case. Sue them in small claims court. It’s wise to get another expert mechanic to testify that they did poor workmanship that resulted in your damages.

1 Answer | Asked in Uncategorized for Florida on
Q: Can I charge back a vet bill?

I called a vet's office and at the time I made the appointment for my dog and at the moment I walked in and they asked me what he was being seen for oh, I told them I was there for a Cushing's test. I told the veterinarian three times that I wanted my dog tested for Cushing's... Read more »

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

It is unclear what you mean by "charge back". Did you pay the bill? If you didn't ask them to do anything but test the dog for that particular disease, and if they didn't do the test, simply don't pay the bill.

1 Answer | Asked in Uncategorized for Florida on
Q: 720.306 (8) a, ‘proxy auto expires after 90 days’ The proxy expire or the ability to get more votes?

HOA board had the residents do a proxy vote in October, won the vote, but did nothing with it. Now 90+ days afterward are trying to say it’s still valid.

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

If the proxy was valid as provided in the statutory sub-section you have cited, and was duly voted at the meeting, the measure passed at that meeting would be valid. The 90 days has nothing to do with expiration of the adopted measure; it has to do with expiration of the proxy. If, instead of... Read more »

1 Answer | Asked in Uncategorized for Florida on
Q: exiting a convenience store when cars were at a stop at a red light I crossed over through space provided by drivers

To the left turning Lane is that illegal

Tim Akpinar
Tim Akpinar answered on Mar 3, 2022

A Florida attorney could advise best, but your question remains open for a week and time may be of the essence if this matter requires a response to a traffic citation. Ordinarily, with most intersections, it should be okay if you have the green light. But if this involves a traffic violation, then... Read more »

1 Answer | Asked in Uncategorized for Florida on
Q: Recently purchased an RV. They falsified my income to get me qualified. Can I return this vehicle? Purchased 02/12/2022

I gave them the correct information

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

The dealer falsified your income? And you failed to inform the finance company of that falsification? No, that would not allow you to declare the purchase contract void. The finance company is a party to the contract, although apparently a victim of the dealer's fraud. So the finance... Read more »

1 Answer | Asked in Uncategorized for Florida on
Q: The house was not included in the divorce because I was going to have him sign a quit claim deed and he was good with

He would have signed a quit claim deed. But I just want to make sure he cannot return to the home if he decides to do so.

Terrence H Thorgaard
Terrence H Thorgaard answered on Feb 22, 2022

This is a follow-up to the question about the ex-husband who is moving to Michigan? Either have him sign the quitclaim deed or apply to the divorce court to get the decree modified to give you title.

1 Answer | Asked in Uncategorized for Florida on
Q: What is the obligation of a HOA management company when the President of the HOA Board is out of control.

Our HOA President ignores rules, does not consult the other Directors, does not solicit bids and hires friends and relatives. Is the Management Company obligated to tell the the BOD President that he is out of control?

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

It's up to the board of directors to replace him, if the board believes what he has done is serious. What the obligation of the management company is would depend on the terms of its contract.

1 Answer | Asked in Uncategorized for Florida on
Q: Can my lawyer file a lien against for for lack of payment even though we won the financial relief suit?

Ex sued for custody. I was given indigent status by the court. My lawyer filed for financial relief to which we won. The burden of payments to my lawyer are now on my ex but my lawyer just threatened me with a lien against me if I don’t pay (ex has been slow or non existent to pay). Can she do this?

Terrence H Thorgaard
Terrence H Thorgaard answered on Feb 16, 2022

It's doubtful. An "attorney's lien" would be upon money in the attorney's possession, but if I understand your question, that is not the case. Another type of lien would be a judgment lien, but to get that your attorney would first have to sue you and record the judgment.

1 Answer | Asked in Uncategorized for Florida on
Q: I wanted to know what kind of repercussion i can be facing for FAIL TO PAY CT FINANCIAL OBLIGATION. I got pulled over

previously on probation had restitution to pay and due to lack of work and other covid issues within my household i couldnt make payment in time. Then a month ago i was pulled over and given a ticket cause I was unaware there was a suspension due to FAIL TO PAY CT FINANCIAL OBLIGATION. And i want... Read more »

Michael  Mayoral
Michael Mayoral answered on Feb 10, 2022

If its a criminal infraction (DWLS with knowledge) and you are on probation, then it will count as a violation of your probation.

If it is not a criminal infraction (DWLS without knowledge) then it is not a crime and can't violate your probation and you can't get any jail time for...
Read more »

1 Answer | Asked in Uncategorized for Florida on
Q: Misspelled style of vehicle

I got a ticket in Florida and the officer put the wrong style of vehicle on the ticket is it possible to get dismissed?

Tim Akpinar
Tim Akpinar answered on Feb 8, 2022

A Florida attorney could advise best, but your question remains open a few weeks. Until you're able to arrange a consult with a local traffic ticket defense attorney if the matter remains pending, courts nationwide generally allow for correction of minor clerical errors of that type. They... Read more »

1 Answer | Asked in Uncategorized for Florida on
Q: Can FL used car dealers adjust price of service contract from one customer to the next for same coverage? Cite code pls
Terrence H Thorgaard
Terrence H Thorgaard answered on Feb 7, 2022

As far as I know, there is no statute prohibiting them from doing that.

1 Answer | Asked in Uncategorized for Florida on
Q: I've been served a restraining order based on lies. Can I sue for libel & defamation?

The comments they make even contradict each other. Accusations made up are ridiculous. Can I sue same day of hearing?

Michael  Mayoral
Michael Mayoral answered on Jan 14, 2022

You can always sue for libel and defamation, but the real question is whether the lawsuit will be successful. You should consult with an attorney who handles libel and slander cases for that. You should know that Florida’s litigation immunity privilege provides absolute immunity “to any act... Read more »

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