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Questions Answered by Terrence H Thorgaard
1 Answer | Asked in Landlord - Tenant for Florida on
Q: Our landlord had our neighbor give us a 3 day notice for eviction Oct 9. His address nor phone number is not on it

Is it true that it is not an appropriate document without that information?

Terrence H Thorgaard
Terrence H Thorgaard answered on Oct 15, 2019

Florida Statute 83.56 provides in pertinent part that:

"... The 3-day notice shall contain a statement in substantially the following form:

You are hereby notified that you are indebted to me in the sum of dollars for the rent and use of the premises (address of leased premises,...
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1 Answer | Asked in Military Law for Florida on
Q: I was married for 14 years with a military man, I allowed to have part of his retirement?

He when to Dominican Rep and put the divorce there and he doesn't add anything on the divorce paper, Im allowed to have some of his retirement?

Terrence H Thorgaard
Terrence H Thorgaard answered on Oct 15, 2019

You probably need to seek a modification of the DR divorce decree. For that you will need to consult an attorney in the Dominican Republic.

1 Answer | Asked in Contracts and Small Claims for Florida on
Q: woman, is refusing to open the door to the sheriff to be served

What can be done? It's in Florida.

Terrence H Thorgaard
Terrence H Thorgaard answered on Oct 15, 2019

What does the deputy say? How does he or she know that the woman is at home?

Assuming you are the plaintiff, get the sheriff to file a return of service explaining in detail what occurred. Then, when it's time, ask for a judicial default.

2 Answers | Asked in Civil Litigation for Florida on
Q: Is it possible to depose parties without suing them? I heard about deposition before action.

I think I might have a cause of action in a complex case. I do not know whom to name as defendants and I want to conduct some discovery before filing complaint. What is the best way to go about it?

Terrence H Thorgaard
Terrence H Thorgaard answered on Oct 15, 2019

The rule to which Mr. Baron refers can be found here:

http://phonl.com/fl_law/rules/FRCP/frcp1290.htm

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1 Answer | Asked in Criminal Law for Florida on
Q: Can evidence take from one case be used in another case. Even though the two cases are irrelevant too each other.

A cell phone was taking in a case. the officer search the phone and found a video. the took the video and used it in another case. if they can use the evidence do they have to have a valid search warrant.

Terrence H Thorgaard
Terrence H Thorgaard answered on Oct 12, 2019

It depends on whether they properly seized and searched the phone. If so, they can use the evidence in any other cases.

1 Answer | Asked in Civil Litigation for Florida on
Q: Can I sue a toy company for making anatomically correct gender dolls and not warning me

LOL DOLLS WITH MALE PARTS (is a penis and scrotum)

Terrence H Thorgaard
Terrence H Thorgaard answered on Oct 9, 2019

And how were you damaged by this?

1 Answer | Asked in Criminal Law for Florida on
Q: If I have an open case is my lawyer supposed to inform me of any new warrants?

I had a case from back in December that’s still pending. In September I got arrested for dui. I got released the next morning. The charges for the dui weren’t filed. Three weeks later cops show up at my house saying They have a warrant and took me in out of the blue. Shouldn’t my lawyer have... Read more »

Terrence H Thorgaard
Terrence H Thorgaard answered on Oct 6, 2019

No, new records are not a matter of public record, and your lawyer can't reasonably be expect to check daily in any event.

4 Answers | Asked in Probate for Florida on
Q: 2 sisters inherit a house from their father, it goes through probate court and both sisters names are on the deed.

1 sister dies, is the deceased sister family entitled to her half in the house in the state of Florida. There is no will from the deceased sister

Terrence H Thorgaard
Terrence H Thorgaard answered on Oct 5, 2019

The surviving sister owns a half undivided interest in the property. She would have to probate her late sister's estate (file a petition with the court) in in that event she may well inherit under the intestacy statutes.

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1 Answer | Asked in Divorce for Florida on
Q: If we got married in PR 21 years ago but been separated for 9 years lived NJ now in Florida, are we considered divorced.

If i get divorced and my husband served in the military while we were together am i entitled to some of his pension.

Terrence H Thorgaard
Terrence H Thorgaard answered on Oct 5, 2019

No, you are not "considered divorced" simply because you lived apart for some time. You have to file a divorce petition in the courts.

Yes, you may be entitled to a portion of his pension when you do get divorced.

3 Answers | Asked in Car Accidents for Florida on
Q: How to stop subrogation

I currently have a subrogation out against me. When the accident happened I was using my company’s insurance And now they don’t want to pay for.

Terrence H Thorgaard
Terrence H Thorgaard answered on Oct 5, 2019

When you indicate that you were "using [your] company's insurance", I assume you mean you were covered by a policy issued by your insurance company. Unless they can prove you weren't covered, your insurance carrier also has a duty to pay your attorney.

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1 Answer | Asked in Construction Law for Florida on
Q: If a contractor has finished work but the inspection has not been done, am I obligated to make final payment?

They are asking for the final payment but I want to cover myself in case it does not pass inspection.

Terrence H Thorgaard
Terrence H Thorgaard answered on Oct 3, 2019

Of course it depends upon the terms of the contract. If the contract doesn't say, think about putting the money in escrow pending inspection approval.

1 Answer | Asked in Real Estate Law for Florida on
Q: My lease isn’t being renewed I found a place to move but have to move 20 days before my lease is up

My landlord gave me a 90 day notice that they weren’t going to renew my lease. I finally found a place I could move to but I can’t wait until November 30 to move. I paid last months rent when I moved in so I applied it to October and paid for the 10 days I will be there in November. Now she is... Read more »

Terrence H Thorgaard
Terrence H Thorgaard answered on Oct 3, 2019

She is not obligated to pro-rate the rent, so if she will let you occupy until November10th, pay for the full month.

I don't know what you mean by "... She has arrest me every month …"; she cannot have you arrested.

1 Answer | Asked in Education Law for Florida on
Q: If I am 20 years old and have a drivers permit can I drive without someone 21 and over with a license ?

Do I need someone 21 and older ?

Terrence H Thorgaard
Terrence H Thorgaard answered on Oct 3, 2019

Yes, as I recall you do need someone 21 or older. What does your permit say?

1 Answer | Asked in Contracts and Construction Law for Florida on
Q: Barn door on bid set, but builder is trying to say that we are responsible for purchasing and installing it ourselves.

When we first began our construction process, the floor plans had a bi-fold door on the laundry room in the master bedroom. I had that door changed to a barn door a few months later. The barn door was added to the floor plan BEFORE the budget and final floor plans were signed into contract. In... Read more »

Terrence H Thorgaard
Terrence H Thorgaard answered on Oct 3, 2019

From what you write, it appears that you are in the right. But the contractor may very well have their own side of the argument. In any event, you failed to ask a question.

1 Answer | Asked in Probate for Florida on
Q: Probate was opened in 1999 until today it is still open but I was told there is money and how do I retrieve it?
Terrence H Thorgaard
Terrence H Thorgaard answered on Oct 2, 2019

Start by contacting the person appointed by the court to be the personal representative.

2 Answers | Asked in Employment Law for Florida on
Q: In Florida, is there anything that would prevent me from moving a newly highered employee to a suitable position.

this employee is not working out in the position hired for. want to keep employee but assign a new position

Terrence H Thorgaard
Terrence H Thorgaard answered on Oct 2, 2019

In general, no: you can reassign the employee.

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1 Answer | Asked in Landlord - Tenant for Florida on
Q: 5 yrs ago my sister n brother-in-law moved into my house. Agreement: theyd use backrms. we'd share kitchen/laundry/yard.

Couple yrs ago my brother-in-law put up a tent (like you'd park a car under) in the backyard. He's gradually junked up the yard, accumulating more tents and trash. I've told him verbally and in writing for over a year to clean it up. Last yr he actually began living under the tent, sleeping,... Read more »

Terrence H Thorgaard
Terrence H Thorgaard answered on Sep 26, 2019

While there is nothing stopping you from just telling him to leave, if you need to force him to do so you need to evict.

1 Answer | Asked in Animal / Dog Law for Florida on
Q: Can ex-owner who neglected dog legally take it back?

A dog was owned by one of my family members in which was kept in a cage for almost a year (only taken out once a day), never groomed, and contained lack of food / water. I had asked the owner if we could take the dog instead of leaving it to suffer. The owner had said yes but now claims that we... Read more »

Terrence H Thorgaard
Terrence H Thorgaard answered on Sep 26, 2019

If you can prove that the former owner actually gave the dog to you (as opposed to merely allowing you to take care of it for a while), no, she can't take it back.

1 Answer | Asked in Criminal Law, Animal / Dog Law and Federal Crimes for Florida on
Q: Should the man from Walmart be in trouble?

Ok so im getting charged with animal cruelty because I ran into Walmart and left my car running with the ac on but while I was in Walmart the ac broke and started blowing hot and caused my dog to die. The man from Walmart went out to my car and turned it off and rolled the windows down. my dog... Read more »

Terrence H Thorgaard
Terrence H Thorgaard answered on Sep 26, 2019

The Walmart employee could possibly get in trouble with Walmart, but that wouldn't affect your criminal case. It looks like you have a valid defense unless you had reason to believe that the A/C might fail.

2 Answers | Asked in Landlord - Tenant for Florida on
Q: We have tenants in a home in Indialantic Florida. Numerous times they have not let us know something was broke or not wo

We have tenants in a home in Indialantic Florida. Numerous times they have not let us know something was broke or not working properly until the damage was expensive. A faucet leaked into new flooring for 2 days and then they let us know, Cost us $1500 to fix. A few weeks ago the ac compressor went... Read more »

Terrence H Thorgaard
Terrence H Thorgaard answered on Sep 25, 2019

If they fail to pay rent as threatened, evict them.

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