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Questions Answered by Mr. Lowell J. Kuvin
1 Answer | Asked in Family Law and Child Custody for Florida on
Q: I have recently moved to Florida-Have been here 6 weeks. I am looking to go back to NY.

There are no Custody orders here or in NY. I have had sole responsibility of our son since he was born. There are no jobs here. His father has not ever paid for anything for this child. I told his father that I was going back to NY and he was not happy and made it sound like I would go to jail if I... View More

Mr. Lowell J. Kuvin
Mr. Lowell J. Kuvin
answered on Jan 4, 2011

Without any custody orders in NY or Florida, and the fact that you have resided in Florida for only six weeks, any civil action against you by the child's father would have to take place in NY, unless you consented to jurisdiction in Florida. Visitation has nothing to do with paying child... View More

1 Answer | Asked in Criminal Law for Florida on
Q: What are the usual requirments for probable cause to search an automobile, after it has been stopped for speeding
Mr. Lowell J. Kuvin
Mr. Lowell J. Kuvin
answered on Jan 4, 2011

In order for an officer to search a car during a routine traffic stop, the officer would need to have consent of the driver or the owner of the vehicle or a reason (probable cause). Probable cause is usually a totality of the circumstances, not just one thing. Due to the mobility of a car, the... View More

1 Answer | Asked in Criminal Law for Florida on
Q: Can i have my felony for possession of hydrocodone pardons in the state of florida?
Mr. Lowell J. Kuvin
Mr. Lowell J. Kuvin
answered on Jan 4, 2011

Yes you can petition the Governor for a pardon. A pardon will not erase or expunge the record of conviction and it will not indicate innocence; therefore, it still will be necessary to report the conviction where such information is required. A pardon is a forgiveness and restores civil rights... View More

1 Answer | Asked in Criminal Law for Florida on
Q: What will happen if on a seven year suspended sentence and picked up battery charge
Mr. Lowell J. Kuvin
Mr. Lowell J. Kuvin
answered on Jan 4, 2011

It would depend on what the conditions of your suspended sentence if there are any. You can check the file at the court where you received the suspended sentence to see if there were any conditions. It has been my experience that unless you are convicted of a crime, the court will not visit the... View More

1 Answer | Asked in Criminal Law for Florida on
Q: How much time can you receive for a tresspass?
Mr. Lowell J. Kuvin
Mr. Lowell J. Kuvin
answered on Dec 31, 2010

I suppose your question refers to how much jail time you can receive from the court if you are found guilty of trespassing. Most trespassing violations are classified as misdemeanors in Floria. The most jail time you can receive for a misdemeanor in Florida is 364 days.

1 Answer | Asked in Real Estate Law for Florida on
Q: Can properties be obtain by an adverse possession
Mr. Lowell J. Kuvin
Mr. Lowell J. Kuvin
answered on Dec 31, 2010

Yes. As per the adverse possession Florida law, if you possess a land for a period of 7 years or more without any dispute and paying the relevant taxes on it then you become the owner of the land through adverse possession.

But you need to have paid the taxes on a regular basis or should...
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1 Answer | Asked in Real Estate Law for Florida on
Q: If the fire sprinkler alarm does not activated by fire or rupture. Is my condo assoc negligent?

This is the 2nd sprinkler which ruptured (each in 1 yr intervals) in our building after the condo association replaced some water piping. The fire alarm never went off at the fire department for either incident. Is my condo assoc negligent?

Mr. Lowell J. Kuvin
Mr. Lowell J. Kuvin
answered on Dec 31, 2010

They might be if there is not another company who has taken responsibility for the system by contract. In any event, you would most likely sue both entities and let them litigate against each other to determine blame (negligence). In order to recover any type of damages, you would need to have... View More

1 Answer | Asked in Criminal Law for Florida on
Q: May bail be fixed in florida on a fugitive from justice charge
Mr. Lowell J. Kuvin
Mr. Lowell J. Kuvin
answered on Dec 31, 2010

Yes. A judge can set the amount of bail when he signs the warrant. However, this would not always preclude a person from asking for a new bond amount once he/she has been transported to the jurisdiction where the warrant was issued.

2 Answers | Asked in Foreclosure for Florida on
Q: After my house is sold in fireclousure how long can i stay in my house
Mr. Lowell J. Kuvin
Mr. Lowell J. Kuvin
answered on Jan 2, 2011

The law allows you to stay in your house up to three months after you have been supplied with the final judgment and the sale documents.

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1 Answer | Asked in Family Law and Child Custody for Florida on
Q: If you have been granted temporary custody of a minor child because mom and dad were unable to care for this child and

Mom wants to come take child and you dont trust her What are my legal rights

Mr. Lowell J. Kuvin
Mr. Lowell J. Kuvin
answered on Dec 21, 2010

Your legal rights are the rights granted to you by the court at the temporary custody hearing/order. You have a duty to follow the order of the court and if you have any questions or concerns, such as the mother tying to pick up child, you need to contact the court for guidance.

1 Answer | Asked in Family Law for Florida on
Q: My friend just got a referral to general magistrate. He doesn't know what that means in his case. He is trying to see hi

My friend just got a referral to general magistrate. He doesn't know what that means in his case. He is trying to see his daughter but the mother doesn't let him see or speak to her. He went to court to see what he can do they told him he needs to wait 4 to 8 weeks to get a hearing then... View More

Mr. Lowell J. Kuvin
Mr. Lowell J. Kuvin
answered on Dec 21, 2010

It is always a good idea to have a family lawyer help you to understand you rights and obligations. A General Magistrate is someone who is not a judge but takes some of the responsibilities of helping the judge. The GM will review any settlement agreement made by the parties at mediation and them... View More

1 Answer | Asked in Family Law, Child Custody and Child Support for Florida on
Q: If behind in child support but making payments can the parent the child stays w/ change their # & refuse to disclose it

I live in Fl but the mother the child stays w/ lives in Ma...there are no court documents submitted for anything as of today but the mother still refuses visitaion & now is refusing communication until she recieves more money...not even sure of total behind in child support

Mr. Lowell J. Kuvin
Mr. Lowell J. Kuvin
answered on Dec 21, 2010

In Florida, paying child support has nothing to do with visitation or communication with child. If your behind, you still get to have the contact the court allowed you to have at the time of the child support and visitation order.

1 Answer | Asked in Real Estate Law for Florida on
Q: How do I file residential lease claim in Dade county small claims court against a PR company with only a PO Box address?

My residential lease was with a Puerto Rico company with a PO box listed on the lease and on the Dade county Tax collector's website. The landlord is now refusing to return security due to damages that listing agent who did the final walk-through has confirmed didn't exist. When I... View More

Mr. Lowell J. Kuvin
Mr. Lowell J. Kuvin
answered on Dec 21, 2010

Try listing the apartment managers address and have him served as an agent of the company. If this does not work, you can search sunbiz.org and try to find the real address of the corporation if they are listed. If not, you can then serve by publication, however, you will need the court's... View More

1 Answer | Asked in Real Estate Law for Florida on
Q: My brother rents an apartment and let 2 people stay with him for a few days. They won't leave. How can he get them out?
Mr. Lowell J. Kuvin
Mr. Lowell J. Kuvin
answered on Dec 21, 2010

Call the police and tell them that the "guests" (trespassers) will not leave. He needs to do this quickly before they can argue they are residents or they live there. Usually, the police will ask the "guests" for identification and why they think they "live" at your... View More

1 Answer | Asked in Real Estate Law for Florida on
Q: Is real estate considered personal property
Mr. Lowell J. Kuvin
Mr. Lowell J. Kuvin
answered on Dec 21, 2010

No, in Florida, real estate is considered "real property." Personal property are things such as cars and clothes.

2 Answers | Asked in Personal Injury for Florida on
Q: If I get attacked at a dog park by an angry pet owner and suffer head and neck injuries do I have a case against city?
Mr. Lowell J. Kuvin
Mr. Lowell J. Kuvin
answered on Dec 21, 2010

You might, but it would your burden to prove that the City owed you a duty and that they breached that duty. Foreseeability of the danger of being attacked by a stranger at the dog park would be a large part of the case.

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1 Answer | Asked in Personal Injury for Florida on
Q: What do I do now? My lawyer after 5 years has given me his verbal resingna-tion no settlement no lawyer for court?
Mr. Lowell J. Kuvin
Mr. Lowell J. Kuvin
answered on Dec 21, 2010

I suggest you contact another lawyer and have him review the case and advise you of your options. There are many reasons a lawyer might decided to drop a case/client. You can contact your local bar association and/or the Florida bar for a referral. Please act quickly so you case is not affected.

1 Answer | Asked in Criminal Law for Florida on
Q: Can a judge increase a bond after it has been posted
Mr. Lowell J. Kuvin
Mr. Lowell J. Kuvin
answered on Dec 21, 2010

Yes, but he would still have to make the amount fair and befitting of the circumstances surrounding your incarceration. You are entitled to a hearing and can request one to argue that the amount should not be increased.

1 Answer | Asked in Criminal Law for Florida on
Q: What is tolling of probation time ?
Mr. Lowell J. Kuvin
Mr. Lowell J. Kuvin
answered on Dec 21, 2010

Tolling is when the clock stops running for a reason such as a person leaves the state in violation of probation and a the court has issued a warrant for their arrest.

1 Answer | Asked in Criminal Law for Florida on
Q: How long does it usually take a judge to rule on a case of Petition of writ of Habeas Corpus after the state has respond
Mr. Lowell J. Kuvin
Mr. Lowell J. Kuvin
answered on Dec 21, 2010

Judges move at their own pace. It can take a day or a year. There is no way of really knowing. You can file a Notice of Ninety Days Expiring which can let the court know everything has been briefed and is ready for a decision.

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