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Questions Answered by Bruce Alexander Minnick
2 Answers | Asked in Family Law and Traffic Tickets for Florida on
Q: Do you need to report closed civil traffic cases on Notice of Related Cases?

I am filling out a "Notice of Related Cases" in relation to having my name legally changed. All I have on my record is a pair of civil traffic cases, but they are both closed cases. I verified they are closed through Duval County's CORE Website.

Do I still need to list those... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Mar 3, 2021

Advice I give all clients: Out of an abundance of caution why not list the two closed traffic cases on the document and make notations that the are closed traffic cases? That way no one can ever say you tried to mislead.

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2 Answers | Asked in Landlord - Tenant for Florida on
Q: You are correct, I am the Plaintiff and I am representing myself (Pro Se) in this case.

My question was do I need to send all the same documents to the Defendant as an exhibit file (labelled as such) since they were sent to him initially when I filed the Small Claim. The judge informed me that the exhibit file needs to be presented to the defendant at least 10 days prior to the court... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Feb 28, 2021

Yes. Documents attached to a complaint are not evidence. Do exactly what the Judge told you to do.

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1 Answer | Asked in Landlord - Tenant for Florida on
Q: Is it right for a landlord to not give you a proper notice to move

My landlord gave me a notice to move on February 12th and wants me out by February 28th. The month of February was paid before the notice and if i dont move he will take 250 dollars ans keep it for march rent. If im not out by the 15th of march he will take another 250 dollars he owes me and keep... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Feb 26, 2021

Unless you have a written lease that extends beyond February 28, your landlord is obeying Florida law.

2 Answers | Asked in Domestic Violence and Landlord - Tenant for Florida on
Q: Does my landlord in Florida have to let me out of lease if I have police report of domestic violence
Bruce Alexander Minnick
Bruce Alexander Minnick answered on Feb 25, 2021

No. Your personal problems have nothing to to do with your legal responsibility to pay your rent.

However, if you ask the landlord nicely they may let you break the lease.

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2 Answers | Asked in Collections for Florida on
Q: Scam email threats me over debt collection and go court and lose my job and try arrest me?
Bruce Alexander Minnick
Bruce Alexander Minnick answered on Feb 22, 2021

Unscrupulous debt collectors have unlawfully used threats of incarceration for many years, trying to scare debtors into sending them some money--any amount--which should not EVER be done before talking to a Florida lawyer.

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3 Answers | Asked in Civil Rights and Employment Law for Florida on
Q: okay so i know in FL terms of employment are “at will”. Is that for ANY situation? My gf works for the omni hotel in ...

a restaurant. we live at a river house and is flooded overnight, as in there is no road just river. our house is on stilts but even so, water covers our entire yard even some of our steps & the water is up to my chest where the rd is. that being said she let both her bosses know thursday ( she... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Feb 22, 2021

No, not in Florida, the land of uncaring employers and landlords. Why?

Because Florida is an “at will” state, which means that private employers are free to hire, transfer, promote, demote, suspend, reinstate, fire and rehire employees for any reason at any time, i.e., “at will.”...
Read more »

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2 Answers | Asked in Tax Law for Florida on
Q: Are 501(c)(3) foundations required to make public their officers, board members, etc. and the names of the recipients

I donate monthly to my daughter's foundation, created by her before her death from ALS, to directly donate funds to other ALS victims to help with extraordinary expenses not covered by insurance. Her husband is the treasurer, who abused her physically, emotionally and mentally when she was... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Feb 18, 2021

If the foundation is a registered Florida corporation you can find that info online at sunbiz.org

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1 Answer | Asked in Contracts, Real Estate Law, Intellectual Property and White Collar Crime for Florida on
Q: Can someone please help me? I am being framed.

Both my brand new Inspiron and my really old hand-me-down HP have been exchanged at the CPU part, the base. I know there is an FBI investigation, now they can't find anything so they're setting me up to fail because I found accidentally SEC stuff relative to assets (A Huge Number of... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Feb 15, 2021

IMO, you should have learned better before this happened. So learn it now: Seeking attention in the manner you have recently done sets off many alarms in many places you have never heard of.

The next thing you need to learn is that competent successful Florida lawyers will probably not...
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2 Answers | Asked in Contracts and Civil Litigation for California on
Q: A defendant has Defaulted in California. They've filed a Motion to Set Aside. Do I need to serve my Opposition?

As I understand, I needn't serve the defendant as they are in default.

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Feb 10, 2021

You were informed wrong. Unless you respond the Judge will probably grant the defendant's motion.

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2 Answers | Asked in Contracts on
Q: I lost a dog 9 years ago but posters are still around. recently someone claims that he found my dog. offer still open?

poster include rewards. however, it has been 9 years. Do i have to pay the other party since it is stated in the poster? if the offer open for acceptance forever?

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Feb 10, 2021

This sounds like a bizarre question on some legal quiz, perhaps in some introductory business law survey case.

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1 Answer | Asked in Landlord - Tenant for Florida on
Q: Can my landlord force me to have showings and open houses during the pandemic?

I rent a single home in Florida and the owner's realtor is having showings and I feel it's a safety risk to my health having 60 people coming to the house. I have a compromised health issue and I fear getting sick and in 1 day the realtor allowed 60 people to walk around the house. Is... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Feb 8, 2021

While I can see why you are concerned, as far as I have heard or read about, none of the provisions in the federal government's PPP or stimulus legislation provides tenants any protection from this unique situation. However, since it appears that your landlord is trying hard to sell the house... Read more »

3 Answers | Asked in Employment Law for Florida on
Q: I am looking for advice regarding a covenant of non competition in the state of Florida that I signed

I am a Clinical Research Coordinator in Pensacola Florida. Due to the fact that there is very little research positions available in the area surrounding Pensacola Florida, I want to see if the covenant of non competition that I signed with a previous employer 1 year ago can be challenged

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Feb 8, 2021

You should reach out to an experienced lawyer answering questions here on Justia and send them an email with a copy of the employment agreement containing the covenant not to compete so they can advise you.

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1 Answer | Asked in Tax Law for Florida on
Q: If I pay a past due property tax on a parcel, does it become mine?
Bruce Alexander Minnick
Bruce Alexander Minnick answered on Feb 5, 2021

No. But I suppose you could create a lien against the property and file it in the public records, hoping that whoever buys the property some day might have to repay you.

1 Answer | Asked in Banking for Delaware on
Q: Is it legal for a bank to hold a $5000 check for more than 5 business days?

I deposited a $5000 check on January 29th. On Tuesday February 2, I contacted the bank and ask how long would it take for the check to clear. I was told that the funds wouldn't be available until February 8th. I told them their website stated that a check for $5000 would be held UP TO 5... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Feb 5, 2021

When counting business days Banks do not count the date of the deposit--in this case Friday January 29.

So count with me: Monday February 1 was the first business day;

Tuesday February 2 was day #2;

continue on counting through Friday February 5, which is business day #5;...
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2 Answers | Asked in Landlord - Tenant for Florida on
Q: My tenant in Florida has a one year lease. I do not want to renew his lease. How much notice must I give him?
Bruce Alexander Minnick
Bruce Alexander Minnick answered on Feb 1, 2021

If the tenant is paying monthly the landlord MUS give them at least 30 days notice not to renew. However, Florida law allows landlords to give tenants no more that a 60 day notice to vacate--which is what my advice would be.

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1 Answer | Asked in Banking for Florida on
Q: Son in prison gave me power of attorney to make & deposit in a bank account his stimulas checks. I been refused. Why?
Bruce Alexander Minnick
Bruce Alexander Minnick answered on Jan 29, 2021

Unless the bank has a current account in your son's name they will not allow you to cash any checks in his name. Why?

Because just because the bank has seen your son's alleged POA does not mean they know who he is; nor do they know if the POA is valid; nor do they care....
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2 Answers | Asked in Employment Law for Florida on
Q: I started my own business, how long do I legally have to wait to contact my clients from my previous employer?

Orlando, FL - I have NOT signed a non-compete/non-solicitation agreement with my employer that I have been employed by for the last 7 years. I put in my 2 weeks notice and they are now saying I MUST sign a non-compete before I can get my last paycheck (which I am not going to do). Legally, how long... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Jan 26, 2021

1. You have asked many very important issues that collectively would require much more time to answer than I or any other busy Florida business lawyer has to give you--for free.

2. Florida law is very complex on this important issue; and the federal labor laws implicated in this...
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1 Answer | Asked in Employment Discrimination, Employment Law and Libel & Slander for Florida on
Q: Can my employer stop DCF from releasing my closed case paperwork to me?

I work for the public schools. I had a parent make a false accusation of abuse against me. DCF and the sheriff's office both investigated and concluded that the allegation was unfounded and unsubstantiated, and I was of course, innocent. The parent is relentless, however, and has went as far... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Jan 22, 2021

FYI, the school board has the first responsibility to investigate the incident because it occurred at the school where you work and where the child goes to school.

Advice: It sounds like you are are winning; so slow down and try to be happy about the favorable outcome in both the DCF...
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1 Answer | Asked in Civil Litigation for Florida on
Q: Schedule a Special Set Hearing

I have been attempting to schedule a special set hearing for a Motion to dismiss for a few months, but the opposing party continues to state they have COVID 19 complications and will not be able to present their opposing motion. Can I schedule the hearing? Or do I have to wait for the opposing... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Jan 19, 2021

These are very unusual times--and thus require using unusual means to get things done in the judicial system.

I suggest re-filing your motion as an "Unconsented Amended Motion to Dismiss" together with a SEPARATE motion requesting a hearing date be set. Explain at the very onset...
Read more »

2 Answers | Asked in Landlord - Tenant for Florida on
Q: Can my Landlord ask me or try to force me to renew my lease before it is up
Bruce Alexander Minnick
Bruce Alexander Minnick answered on Jan 15, 2021

Not unless the lease says they can. Most landlords in today's environment are desperate and want to "lock in" their good tenants as early as possible, for reasons that should be apparent to you. You can "bargain them down" by agreeing to extend early in return for cheaper rent.

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