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Questions Answered by Terrence H Thorgaard
2 Answers | Asked in Animal / Dog Law for Florida on
Q: Someone stole my dog. I put up posters around the neighborhood offering a reward to anyone who returned it to me. One pe

Someone stole my dog. I put up posters around the neighborhood offering a reward to anyone who returned it to me. One person called me because they have my dog. They sent me real photos of the dog taken at the time of the conversation. They asked me for the reward before handing over the dog. When... View More

Terrence H Thorgaard
Terrence H Thorgaard
answered on Dec 4, 2024

Maybe they stole the dog, maybe not. But if they are not communicating with you because they want a "reward", they may be guilty of something.

Did they call you and send pictures of the dog by a cell phone? If so, you or the police can probably trace the call and identify them...
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2 Answers | Asked in Real Estate Law for Florida on
Q: I purchased a vacant residential lot at a tax auction. The neighbor removed the fence on their property that faced my lo

I purchased a vacant residential lot at a tax auction. The neighbor removed the fence on their property that faced my lot and installed a new fence at the front of my property with a gate. I want to remove the fence they installed and gain access to my land.

What should I do? Should I hire... View More

Terrence H Thorgaard
Terrence H Thorgaard
answered on Nov 23, 2024

The previous answer correctly suggests some of the measures that might be done. But as I read the question, the new fence is not on the neighbors' property but on the property of the person who asked the question, and blocks access, presumably from the street.

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1 Answer | Asked in Tax Law and Agricultural Law for Florida on
Q: Tax rate on 614000.00illinois farm sale from florida resident
Terrence H Thorgaard
Terrence H Thorgaard
answered on Nov 22, 2024

If I correctly understand what you are asking, you want to know the taxes applicable to the sale of property in Illinois. You would have to ask the authorities in the area of Illinois where the farm is located. For federal income tax (capital gains), of any, that would depend upon your specific... View More

1 Answer | Asked in Criminal Law for Florida on
Q: My next court date says misc criminal fel what does that mean

I've been going to court for a year

Terrence H Thorgaard
Terrence H Thorgaard
answered on Nov 14, 2024

It's some sort of hearing relating to a felony prosecution. What the "miscellaneous" hearing is all about would depend upon local criminal practice.  

For a felony, you definitely need an attorney, either one appointed to represent you or one you can hire. If you...
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2 Answers | Asked in Criminal Law, Divorce and Family Law for Florida on
Q: Can I be charged with a crime I didn't commit based on hearsay?

I currently live in Hillsborough county Florida and my soon to be ex-husband and his Friend accuse me of having a weapon (knife) . I haven't been officially charged assault w/ deadly weapon. But the only thing is my husband (person that said I committed the crime) a couple of months ago went... View More

Terrence H Thorgaard
Terrence H Thorgaard
answered on Oct 30, 2024

Hearsay is a statement made about what someone said to a testifying witness. If your husband were to tell the court that although he was blind, you told him you had a knife and that you were going to attack him with it, there is an exception to the hearsay rule because it would be something you... View More

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2 Answers | Asked in Bankruptcy for Florida on
Q: A friend owes $30,000 (I have IOU) claimed bankruptcy in 2016 then made a few payments 2023 can I sue for remaining?

I have signed IOU and texts of her stating that she felt ethically and morally obligated to pay me back even thought she claimed bankruptcy. I have a letter stating her bankruptcy was dismissed but she had one says it was granted I don’t know if I can sue for remaining debt since she opened the... View More

Terrence H Thorgaard
Terrence H Thorgaard
answered on Oct 23, 2024

Check to see whether her bankruptcy case was dismissed or whether her debts were discharged. Check at https://pacer.login.uscourts.gov/csologin/login.jsf

If your claim was listed, and if her debts were discharged, no, you can't sue her. Her statements that "she felt ethically...
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2 Answers | Asked in Bankruptcy and Legal Malpractice for Florida on
Q: I paid in full for a chapter 7, the attorney appointed to me did not file in a timely manner

After the attorney was appointed to me, I hired him as my divorce lawyer. At the time of final payment for bankruptcy he had all my current financial info. He did not file in a timely manner and has yet to honestly or validly explain why he did not file as soon as my last payment was made which... View More

Terrence H Thorgaard
Terrence H Thorgaard
answered on Oct 8, 2024

The question raises several interesting points:

1. What were the circumstances involving an attorney being appointed to represent you in a bankruptcy case? Normally you would retain a bankruptcy attorney, not have one "appointed" to represent you.

2. You say the...
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1 Answer | Asked in Real Estate Law for Florida on
Q: I bought a property in an older established neighborhood with a fence around it. I had a realtor. There is a main house

And a mother in law apt in back. Aka a converted garage. After we purchased the property we found out they had separated the property into two parcels and only sold us the front house. Now both parcels are non-compliant. What can we do?

Terrence H Thorgaard
Terrence H Thorgaard
answered on Sep 11, 2024

You realized that you were only buying the front house but didn't know that that house was in violation? Review your paperwork to see if the seller warranted the property to not be in violation of code. You also may have a viable claim against your realtor.

1 Answer | Asked in Health Care Law and Medical Malpractice for Florida on
Q: Is it ethical if a primary care physician refuses to prescribe birth control because of his own religion?

This is a heath care ethics questions. I am only curious because my primary care physician (while most of this practice is elderly patients, some are teenagers) refuses to prescribe patients birth control if they ask because it goes against his religion. However, he will refer to the patient to a... View More

Terrence H Thorgaard
Terrence H Thorgaard
answered on Sep 10, 2024

No, it is not unethical to so refuse. Any professional may refuse to treat a particular patient or (for other professionals) work for a specific client. It's not a matter of urgency: the patient won't die is she doesn't see the gynecologist in the period between the referral and... View More

2 Answers | Asked in Divorce, Family Law and Child Custody for Florida on
Q: Is there any laws for default jurisdiction?

My family lived in Florida for 1.8 years. We went to Mississippi to help wife’s family for 5 months and retained our residence in Florida. things got bad and I brought our children back home to Florida. We both filed for divorce in each state.

I dismissed her because we weren’t in... View More

Terrence H Thorgaard
Terrence H Thorgaard
answered on Sep 7, 2024

You indicated that each of you "dismissed" the other spouse. A party to a case cannot dismiss a case filed by another party. Do you mean that the respective courts dismissed both cases? If so, when a motion to dismiss was filed, you should have responded that you "retained [y]our... View More

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2 Answers | Asked in Personal Injury and Civil Litigation for Florida on
Q: I'm trying to figure out how to file a motion to Oppose/Object a Motion for Summary judgement.

I am the Plaintiff in a slip and fall lawsuit against a grocery store. I had to end up defending myself pro se. On 6/18/24 I was granted the motion to receive a copy of the surveillance footage of the incident before deposition. The defendant sent 9 files that were difficult to access, so I was... View More

Terrence H Thorgaard
Terrence H Thorgaard
answered on Sep 2, 2024

You need to file an opposition to the motion for summary judgment. It should be supported by an affidavit (written statement under oath and signed by you and the notary before whom you swore under oath) setting forth the genuine issues of material fact which you believe would be issues to prevent... View More

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1 Answer | Asked in Contracts, Estate Planning and Real Estate Law for Florida on
Q: What happens to a mortgage after mortgagee has passed. Thank you

Thank you for reading my question. What happens when a mortgagee has passed? Is the mortgage paperwork redone so the beneficiary of the property becomes mortgagee, or can it be left as is, with the original mortgagee? Thank you for any advice.

Terrence H Thorgaard
Terrence H Thorgaard
answered on Aug 19, 2024

The death of the mortgagee doesn't really make any difference to the holder of the mortgage. As long as the payments are made on time, there should be no problem. If the mortgage note is not paid on time, the holder of the mortgage can foreclose.

2 Answers | Asked in Criminal Law and Civil Rights for Florida on
Q: Can I go to the gun shop with my son?

We don't live together, he just wants my insight on what gun he should get

Terrence H Thorgaard
Terrence H Thorgaard
answered on Aug 18, 2024

There is in general no prohibition against either if you going to the gun shop, either together or separately. It is unclear what difference you suspect it might make that he is your child or that you don't reside together. One could go shopping with a complete stranger; again, it makes no... View More

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1 Answer | Asked in Estate Planning and Probate for Florida on
Q: If a personal representative is removed by the court, does the estate attorney get removed as well?
Terrence H Thorgaard
Terrence H Thorgaard
answered on Aug 2, 2024

Generally, an "estate attorney" represents the personal representative. So, if the PR has been removed, the attorney's client is no longer a party to the case, assuming the former PR is not also an heir. If that assumption is incorrect, the attorney would still represent the former PR.

1 Answer | Asked in Family Law for Florida on
Q: If an adult follows me home and in a minor and then they proceed to record me without my shirt on can i sue?
Terrence H Thorgaard
Terrence H Thorgaard
answered on Aug 2, 2024

No. A civil case (when one person sues another person) generally requires money damages. It doesn't appear that you have suffered any damages.

And such a fact scenario doesn't suggest that a crime has been committed either, assuming you took your own shirt off.

2 Answers | Asked in Car Accidents for Florida on
Q: Can you be forced to keep your totaled car for evidence?

It has been over a month, we are at fault and it was a straight forward right of way accident. Our insurance company told us over the phone but we never received anything in writing, she said it is the law firm that was hired by the other driver that requested it. The car sits in our driveway and... View More

Terrence H Thorgaard
Terrence H Thorgaard
answered on Aug 1, 2024

Contact your liability insurance carrier and advise them of the situation. They probably have the obligation to retain an attorney to defend you, so when they do so your attorney should address the issue.

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1 Answer | Asked in Family Law and Child Custody for Florida on
Q: If my husband, who is deployed, is served in a civil matter at our residence, am I legally required to accept for him?

Florida. His ex-wife filed some paperwork related to custody and I am not comfortable signing for legal documents on his behalf (I do not have a power of attorney during his deployment). Am I legally required to do so or can I decline?

Terrence H Thorgaard
Terrence H Thorgaard
answered on Jul 29, 2024

Vald service of process doesn't depend on whether the person the process server hands the summons to agrees to accept it. If the process server gave the summons to the person who answered the door, and the defendant's residence, the defendant has been served. You shouldn't be asked... View More

2 Answers | Asked in Personal Injury for Florida on
Q: I was in a mva settled with my ins co /parties ins co. 3 yrs later and I’m disabled with chronic pain

What recourse do I have ? They said I couldn’t sue her? I thought we go after her insurance company ?

Terrence H Thorgaard
Terrence H Thorgaard
answered on Jul 29, 2024

That is what liability insurance companies are in business for: protect insured parties from liability for their negligent acts. It did that when it paid you a settlement. In return, you, no doubt, released the insured from liability for the accident. And the insurance company didn't... View More

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1 Answer | Asked in Car Accidents for Florida on
Q: Person is suing me for damages during a car accident. I was driving a company vehicle. Who is responsible?

The person reported my vehicle which belongs to to company I was working for. The owner of the company did not have insurance. After the accident a police officer stopped me. There were no damages to the vehicle and the sheriff helped me look for the car insurance of the company vehicle. The owner... View More

Terrence H Thorgaard
Terrence H Thorgaard
answered on Jul 25, 2024

Liability on the part of you or the company does not depend on whether or not the vehicle was insured. If, as you say, you didn't cause the accident, you would not be civilly liable. But causation and damages would be something for the plaintiff to prove by a preponderance of the evidence.... View More

1 Answer | Asked in Small Claims for Florida on
Q: I receive a notice that a small case claim filed again me has received a lack of prosecution notice.

The plaintiff file a notice of good cause and attempted a mediation session with me, but I let them know I would not be able to attend. They filed a failure to appear for mediation report and there is a status hearing for the case in August, the notice says if I want the cased dismissed I am not... View More

Terrence H Thorgaard
Terrence H Thorgaard
answered on Jul 22, 2024

No. You don't need to attend the lack of prosecution (LOP) hearing. The chances are that a default judgment will be entered against you unless you contact the plaintiff and settle the case by the August status hearing.

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