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2 Answers | Asked in Trademark for Florida on
Q: Has this PresScents Trademark been abandoned? If so, what’s the cost to trademark the name with a different logo?
Joanne Belasco
Joanne Belasco answered on May 11, 2022

While it appears that the application was abandoned many years ago, you should have a trademark attorney conduct a search to make sure that a similar trademark was not registered. The USPTO will deny a similar mark if it creates confusion in the marketplace, so it doesn't have to be the exact... Read more »

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1 Answer | Asked in Probate for Florida on
Q: Should I sign a waiver of service of notice of administration? If I do what does it mean in general?
Phillip William Gunthert
Phillip William Gunthert answered on May 11, 2022

Generally, you should not sign any waivers whatsoever without your own probate attorney reviewing any and all documents on your behalf. Remember, any attorney working for the estate, is indeed working for the estate and the Personal Representative and not you as a named beneficiary of the estate.... Read more »

1 Answer | Asked in Criminal Law for Florida on
Q: Can a trespassed person hire someone to get around the trespass?

I notified a company/person they where no longer allowed on my property and fired them for causing damage to our pool equipment. They then hired someone else to come on my property while I was not home to take pictures of the damage after I told them not to do that. What legal recourse do I have?

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

While the "someone else" may have technically trespassed, they didn't cause you any damage; you don't have any recourse (i.e.: a viable lawsuit.).

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.

1 Answer | Asked in Employment Law for Florida on
Q: Is there ever any amnesty for civil liens? Probably probation costs. Florida. Impact of such a lien on employment.

I am a mental health professional asking for patient. Not familiar w aspect of FL law.

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

Unless you are also licensed to practice law in Florida, you have no business advising your patient about Florida law. Refer your patient to an attorney. It is unclear, by the way, what you mean by your question. Is this a judgment lien, a criminal restitution order, or something else?

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 Bankruptcy for Florida on
Q: Need to file a motion that states I fired my attorney

I fired my bankruptcy attorney this evening. I need to file something with the court to reflect this, but I can't find substitution for pro se debtor. Can someone please tell me how to file a motion to fire my attorney with he court?

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

Until your attorney files a motion to withdraw from the case, and the motion is granted, the attorney remains responsible to represent you. Ask the attorney how soon this will happen; it might be a good idea for you to sign the motion. Or if you have another attorney to step in, the new attorney... Read more »

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 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 Employment Law and Employment Discrimination for Florida on
Q: Is it legal to fire someone who has a medical condition without a given reason

My friend who is currently going through chemotherapy was apparently suspended without pay from the company we work for because they allegedly cited he smelled like alcohol when apparently he didn't and he was suspended for also taking medication .

Rhiannon Herbert
Rhiannon Herbert answered on May 11, 2022

Florida is an at-will employment state, meaning that workers can be terminated at any time and for any reason (or no reason at all). However, if your friend suspects he was targeted for termination based on his medical condition, he should speak with a Florida employment attorney about disability... Read more »

1 Answer | Asked in Child Custody for Florida on
Q: Is there any way I can get help with getting custody of my 15 month old daughter
Rand Scott Lieber
Rand Scott Lieber answered on May 10, 2022

In Florida it is called timesharing (not custody) because it is the law that both parents should share time with a child. Assuming that you are not married you need to file a Petition for Paternity. The court will then order a timesharing schedule (parenting plan) that is in the best interests of... Read more »

3 Answers | Asked in Bankruptcy for Florida on
Q: Would I be able to apply for chapter 7 (bankruptcy) although I am unemployed and do not have any assets? I’m in FL.
Stuart A. Young
Stuart A. Young answered on May 10, 2022

There is no minimum income level needed in order to file bankruptcy.

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1 Answer | Asked in Real Estate Law for Florida on
Q: I am in Florida. The title company wants me to sign a warranty deed with $10.00 as the selling price. Why is this?

Am I knowing signing a legal document I know not to be true?

Anthony M. Avery
Anthony M. Avery answered on May 10, 2022

$10 will be part of the consideration, in addition to the rest paid you. You need a FL attorney to advise you how to conduct a real property conveyance. Hire him to explain what a Warranty Deed is, and whether you should convey or not.

2 Answers | Asked in Family Law for Florida on
Q: Is my house considered a marital asset if only my name is on the deed and only been married for 7 months?

And if so then is spouse automatically entitled to 50 percent? If she agreed to give me the house what proof would I need?

Emily Konicek
Emily Konicek answered on May 10, 2022

If the house was purchased during the marriage, it is marital regardless if only one party is on the deed.

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3 Answers | Asked in Business Formation and Business Law for Florida on
Q: How can you change the percentage of ownership in the state of Florida for an llc?
Phillip William Gunthert
Phillip William Gunthert answered on May 10, 2022

You would want to speak with a Florida Business Attorney and make changes to the LLC Operating Agreement and you would want to make any applicable changes to the Florida Department of State documents as they relate to business and ownership via an amendment probably as well.

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1 Answer | Asked in Medical Malpractice and Wrongful Death for Florida on
Q: Can I sue the hospital for medical negligence due to the sudden death of my mother-in-law who had Covid -19?

My 70-year-old mother-in-law passed away unexpectedly earlier this year after being admitted to our local hospital twice within a week. At the time of her passing, she was suffering from COPD, had a heart stent, was on long-term opioid for more than 30 years among other health problems. In the last... Read more »

Tim Akpinar
Tim Akpinar answered on May 9, 2022

This is something a Florida attorney could answer best, but your question remains open for four weeks. I'm very sorry for your family's loss and the ordeal your mother-in-law went through. As a general observation, the matter could have elements that make for a difficult case. Hospital... Read more »

1 Answer | Asked in Bankruptcy and Legal Malpractice for Florida on
Q: Bankruptcy-Incorrect Schedules filed with court

I spoke with my attorney today pertaining to incorrect information in my Schedules that were filed.I provided everything accurately and honestly. Most concerning, my tax return wasn't added. Then my values of property were changed. Removed a creditor that was originally on draft. Said I make... Read more »

Terrence H Thorgaard
Terrence H Thorgaard answered on May 9, 2022

While both of you are at fault (your signing them without making sure they were accurate and complete; your attorney neglecting to attach your tax return, and overlooking other mistakes in the schedules), the attorney is probably right by advising you that it's not important. As you have... Read more »

1 Answer | Asked in Criminal Law for Florida on
Q: Previous boss owes me money. I left a very true but bad buisness review on line.If l ask for my money in return l delete

Delete the review would that be illegal?

Terrence H Thorgaard
Terrence H Thorgaard answered on May 9, 2022

If you ask for money IN RETURN FOR deleting the review, technically that may be considered extortion, a crime. See Florida Statute 836.05.

2 Answers | Asked in Real Estate Law for Florida on
Q: I want to buy a condo & found out there is a lawsuit being filed against the HOA re insurance issue should I walk away?

HOA for the past 12 yrs has been undercharging some units while overcharging some units for the insurance.

Barbara Billiot Stage
Barbara Billiot Stage answered on May 9, 2022

That does not make sense since insurance is a common expense. Insurance is not charged to individual units as a separate charge but included in the total of all expenses. The way budgets for condo associations work is the board determines how much is needed to pay all operating expenses for the... Read more »

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