Questions Answered by Terrence H Thorgaard

Q: Unseal false sexiallial abuse of a child

1 Answer | Asked in Child Custody, Criminal Law, Family Law and Federal Crimes for Florida on
Answered on May 29, 2017

Please ask your question using a complete sentence. Apparently you are in Florida and you want to, for some reason, "unseal" documents relating to a false charge of sexual abuse of a child. Are these documents filed in Florida or in Texas? If it's the later, you would want to ask this question in Justia › Ask a Lawyer › Texas.
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Q: My sister marchman acted me and I later realized she incorrectly filled out the petition to initiate the act.

1 Answer | Asked in Civil Rights for Florida on
Answered on May 29, 2017

What is your question? Depending upon the allegations in the petition, the judge may issue the order or not.
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Q: I owe back pay from a previous relationship. I'm opening a company LLC would my company earning be garnished

1 Answer | Asked in Family Law for Florida on
Answered on May 29, 2017

As I understand your question, you, but not your LLC, owe wages to a former employee. If the former employee sues you and obtains a judgment, he or she could then obtain a writ of garnishment against the LLC.
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Q: How do I know how to find the procedure by which a case got to court?

1 Answer | Asked in Education Law for Florida on
Answered on May 29, 2017

What do you mean "got to court"? The plaintiff, or its attorney, filed a complaint with the clerk of court.
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Q: Can a notarized will in FL be valid in Puerto Rico?

2 Answers | Asked in Probate for Florida on
Answered on May 29, 2017

The question relates to the validity of the document in Puerto Rico.

Apostilles are used, internationally, to prove the authority of a notary public or other official to administer oaths. Puerto Rico is a U.S. possession. Therefore I don't believe an apostille will be necessary there, to prove the authority of the notary to administer an oath in Florida. But it couldn't hurt.
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Q: I'm in the middle of a divorce and I believe I have just been blackmailed and don't know what I should do.

2 Answers | Asked in Divorce for Florida on
Answered on May 28, 2017

Is there a question here?
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Q: Can a prosecutor use a record of movement from Android GPS Location History as evidence of a defendant's whereabouts?

1 Answer | Asked in Criminal Law for Florida on
Answered on May 26, 2017

If a search warrant is issued, I assume this question is not so much about 4th Amendment search and seizure issues as it is about the probative value of such evidence. The prosecutor, in such event, would want to have testimony of an expert concerning such matters as the accuracy, reliability, etc. of the data.
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Q: My son has passed away and I'm not allowed to see my grandchildren.Do I have any rights at all in Florida.

1 Answer | Asked in Wrongful Death for Florida on
Answered on May 25, 2017

She is probably not liable for his [suicide, I assume], arguably could have been prevented had she told the people at the clinic that he was suicidal. I don't know that she had a duty to report his mental state.

But you very well may have a right to see your grandchildren (minor children of your late son and the girlfriend, I assume).
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Q: Can my boyfriends wages be counted towards child support during a divorce?

1 Answer | Asked in Child Support for Florida on
Answered on May 25, 2017

Probably not. The parents' incomes are used in the child support calculation, not a third party such as a boyfriend.
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Q: My husband and we're not married or together had a son. Now we married want to give child dads name and dads name on BC?

1 Answer | Asked in Family Law for Florida on
Answered on May 25, 2017

What is your question? Ask Florida Vital Statistics: http://www.floridahealth.gov/certificates/certificates/index.html
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Q: Backyard Shooting range on private rental property. Law says ok landlords say no. Issue not listed in lease agreement

1 Answer | Asked in Landlord - Tenant for Florida on
Answered on May 25, 2017

If the lease doesn't prohibit it, the landlords probably cannot stop you from having the shooting range.
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Q: Got married in 2015 we bought a house in 2016 but it's financed in only his name but my name is also on the deed.

1 Answer | Asked in Divorce for Florida on
Answered on May 25, 2017

Are you asking about a dissolution (divorce)? The house would be a marital asset, subject to equitable distribution.
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Q: I am in a class action E.R.I.S.A case before the 4th circuit court of appeals-Is my award judgement proof in a chap 7 bk

1 Answer | Asked in Appeals / Appellate Law and Bankruptcy for Florida on
Answered on May 25, 2017

If your Employee Retirement Income Security Act claim pertains to a pension, yes it is probably a contingent, exempt asset. See Florida Statute 222.21,
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Q: Can I file probate papers without an attorney in Florida.

5 Answers | Asked in Probate for Florida on
Answered on May 25, 2017

Specifically, RULE 5.030. ATTORNEYS of the Florida Probate Rules provides as follows:

"(a) Required; Exception. Every guardian and every personal representative, unless the personal representative remains the sole interested person, shall be represented by an attorney admitted to practice in Florida. ...".

The OP would not be the "sole interested person", because the siblings, and other possible heirs would be "interested".
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Q: My daughter is 18 and causing all kinds of trouble for me . Can I legally ask her to leave the house?

1 Answer | Asked in Civil Rights, Juvenile Law, Landlord - Tenant and Family Law for Florida on
Answered on May 24, 2017

Yes, she's an adult; so you can ask her to leave.
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Q: MY COWORKERS LANDLORD TOWED MY VEHICLE WHILE IT WAS PARKED ON PROPERTY. WE CARPOOL TO WORK. TAG IN DATE....LEGAL?

1 Answer | Asked in Landlord - Tenant for Florida on
Answered on May 24, 2017

Yes, you probably have a case.
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Q: Someone is renting a room I am just the leaseholder. What should I do?

1 Answer | Asked in Landlord - Tenant for Florida on
Answered on May 23, 2017

It appears that he is subletting from you. So you are both the lessee (person who rents premises from someone else, a "landlord") and lessor (with respect to the room which are renting to your non-paying sub-tenant).

If you have a written agreement (lease), he could content that the specific room is implied. So if you move his stuff out of the room, change the locks, etc., your sub-tenant could claim that you were unlawfully ousting him, for which he could possibly recover a penalty....
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Q: I drove the taxi in Florida I was in an accident my fault the owners climbing he did not havee me covered I was injured

1 Answer | Asked in Personal Injury for Florida on
Answered on May 23, 2017

If the owner doesn't have workers' compensation coverage you will probably have to sue him. The good news is that if you sue for failure to have workers' comp, whether or not your were at fault is probably not a defense.
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Q: I have video evidence that the accusations against me are false how do I submit that in a broward county courthouse

1 Answer | Asked in Domestic Violence for Florida on
Answered on May 23, 2017

Every courthouse, probably every courtroom in every courthouse, has different procedures and equipment. It would be best if. several days before the hearing, you arranged with the clerk of court to familiarize yourself with the equipment. You should also be prepared to have someone (either yourself of someone else) testify about how the video was recorded, preserved, etc.
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Q: Forced to remove top while working in retail.

1 Answer | Asked in Employment Law for Florida on
Answered on May 23, 2017

I don't think you have a case. Why wouldn't they allow you to iron your uniform in the bathroom?
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