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Questions Answered by Mark R. Osherow
2 Answers | Asked in Libel & Slander for Florida on
Q: What criteria needs to be met for a defamation of character lawsuit?

Someone has posted false information about me on social media which could potentially be very damaging to my personal and professional life.

Mark R. Osherow
Mark R. Osherow
answered on Nov 7, 2022

You should consider immediately demanding a retraction and that the information be removed.

A common law claim for defamation requires the unprivileged publication (to a third party) of a false and defamatory statement concerning another, with fault amounting to at least negligence on...
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5 Answers | Asked in Probate for Florida on
Q: Personal representative for deceased relative
Mark R. Osherow
Mark R. Osherow
answered on Oct 6, 2022

Florida Statues Section 733.302:

Who may be appointed personal representative.—Subject to the limitations in this part, any person who is sui juris and is a resident of Florida at the time of the death of the person whose estate is to be administered is qualified to act as personal...
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2 Answers | Asked in Contracts for Florida on
Q: Is it possible to create only one original contract copy by executing in counterpart?
Mark R. Osherow
Mark R. Osherow
answered on Sep 25, 2022

Interesting question. If the contract says it can be executed in counterparts it can be signed on separate documents. Probably would be valid if executed like that even without specifically so stating. Technically, each of the signed originals in full when placed together would be the original. If... View More

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3 Answers | Asked in Civil Litigation and Small Claims for Florida on
Q: If suing a LLC business, and the principal address and mailing address are different, which address should be served?

The business I am suing is an LLC and is also franchised. This will be a small claims case in the state of Florida. For the business I am suing, there is a principal address listed, a mailing address listed and also a registered agent name and address listed. Which of these addresses should receive... View More

Mark R. Osherow
Mark R. Osherow
answered on Sep 20, 2022

Florida Statutes 48.062, Service on a limited liability company. states:

(1) Process against a limited liability company, domestic or foreign, may be served on the registered agent designated by the limited liability company under chapter 605. A person attempting to serve process...
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1 Answer | Asked in Consumer Law, Contracts and Real Estate Law for Florida on
Q: Had a 2nd showing.Can you req a refund if the app is still not fully processed; bugs and odor?
Mark R. Osherow
Mark R. Osherow
answered on Sep 19, 2022

This is not enough information to accurately respond. But in general, it would depend on a number of factors, such as whether this is an "as is" deal, whether there is a mortgage contingency and whether that expired, etc. Also, are there conditions in the home which the seller was... View More

1 Answer | Asked in Landlord - Tenant for Florida on
Q: My landlord wants to put a parking system in that includes stickers on our cars. Stickers $25 each and mandatory.

Parking has always been free in the complex’s private lot. Nothing in lease has ever said I agree to pay for a parking stickers. Do I have any obligation to buy these stickers or entitled to parking as I’ve always had?

Mark R. Osherow
Mark R. Osherow
answered on Sep 19, 2022

Since this is for the benefit of the community, it would likely be allowed, even with the cost to you. Landlords are generally allowed to adopt reasonable rules and regulations for the community. This would likely be considered reasonable, even though it includes a cost to you to participate. Of... View More

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