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Questions Answered by Terrence H Thorgaard
1 Answer | Asked in Consumer Law and Construction Law for Florida on
Q: Pool company does not exist anymore and left me with unfinished pool. What can I do to get my money back?

Dec. 3, 2021 I signed a contract with Hydrotech pools for building a pool in my backyard.

Now this company does not exist anymore. All the people I had contact with are not at the company anymore. I was at their office and it was empty, like abandoned. I paid everything except an amount of... Read more »

Terrence H Thorgaard
Terrence H Thorgaard
answered on Oct 1, 2022

You probably can't sue the owner, assuming the company is a limited liability company (LLC) or corporation; that's what limited liability is all about. While there are possible scenarios under which you might be able to "pierce the corporate veil". it's not likely that you... Read more »

1 Answer | Asked in Family Law for Florida on
Q: My case was Ordered to Private Mediation. It is stated that "within 10 days the PARTIES may agree upon a mediator".

My ex husbands lawyer chose the mediator with out asking if I agreed. I was unhappy with the decision. This same mediator had previously not conducted mediation appropriately. He was giving me bias awnsers such as "Well Judge --- won't go for that. He never does." I than spoke with... Read more »

Terrence H Thorgaard
Terrence H Thorgaard
answered on Sep 27, 2022

I agree with Mr. Minnick, but don't think that the mediator saying that the judge wouldn't go for something indicates that the mediator is necessarily biased.

1 Answer | Asked in Divorce for Florida on
Q: How can I get my spouse to move out of rented home? He refuses to leave even if I file for divorce.

Both of us are on the lease, and he could not afford it without my income. I want to file for divorce, but it seems pointless if he refuses to leave. He has not contributed financially for at least 7 years. I'm willing to work with him on things like health insurance, temp alimony, etc, but I... Read more »

Terrence H Thorgaard
Terrence H Thorgaard
answered on Sep 25, 2022

When you file for divorce, one of the things you should ask for would be that he be ordered to move out.

1 Answer | Asked in Construction Law for Florida on
Q: We are building a home in Sarasota FL. Who is responsible for the damage to the home from a hurricane, theft, fire, etc?

We have not settled and are in the early stages. They just put on the roof trusses.

Terrence H Thorgaard
Terrence H Thorgaard
answered on Sep 24, 2022

You are, of course. And if you have insurance, the insurance company to the extent, and subject to the terms, of the policy.

If by "we have not settled ...", you mean you are buying the home or paying someone to build it, the responsibility would depend upon the specific fact...
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2 Answers | Asked in Employment Law for Florida on
Q: Will a judge rule in a claiments favor if he has ordered all defenses the employer may have had to the claim striken?

The employer didnt show for mediation, and after numerous request to show cause; the judge ruled they willfully failed to comply and found sanctions to be appropriate. He then ordered all defenses the employer may have had to the claims made striken and set a final hearing.

Terrence H Thorgaard
Terrence H Thorgaard
answered on Sep 23, 2022

If the judge has ordered a final hearing, you should be prepared to present evidence to prove everything you alleged in your complaint.

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1 Answer | Asked in Family Law and Child Support for Florida on
Q: how can I protect my new spouse from my child support case in Puerto Rico?

my ex girlfriend may open a child support case on me if she finds out i am newly married. Can my pre nup in Florida protect my new wife from my ex trying to add my new wifes personal income for child support case in Puerto Rico?

Terrence H Thorgaard
Terrence H Thorgaard
answered on Sep 23, 2022

The mother of your child cannot force your wife to pay child support in Florida, whether the mother sues in Florida, Puerto Rico, or elsewhere. Child support would be your obligation, not that of your wife. If your ex does file for child support, you and your wife probably should not own property... Read more »

1 Answer | Asked in Uncategorized for Florida on
Q: What is a PROPOSED ORDER (Florida) & how do I write one? It's a civil case I'm trying to get reopened. Please help.

It's me against a hospital fir letting my records be obtained by an employee with I'll intent. They didn't protect my confidentiality. They promised to do so when I warned them of their employees threats.

Terrence H Thorgaard
Terrence H Thorgaard
answered on Sep 23, 2022

A proposed order is an order you want the judge to sign.

1 Answer | Asked in Criminal Law for Connecticut on
Q: Can my cousin press criminal charges for busting house window when he gave me permission to be in the house?

I used to stay with my cousin at my late aunt’s house. My stuff is still there. He is executor of my late aunt’s will and his wife, who he hasn’t seen in 2 yrs, lives in their home in CT. Cousin is hospitalized. Wife texted asked me to watch &help with dogs (@ late aunts). Cuz gave lawn... Read more »

Terrence H Thorgaard
Terrence H Thorgaard
answered on Sep 21, 2022

She can try, but it's a matter of who the authorities believe. From what you say, the cousin (who you indicate is executor), gave you permission to stay there, His wife also gave you permission, although arguably revoked the permission (which she probably had no right to do) when she asked... Read more »

1 Answer | Asked in Small Claims for Florida on
Q: Do I file a motion to dismiss or strike or just ask to disregard uploaded e filed dockets? Self representation

I have a small claims pretrial hearing, and there have been dockets that were electronically uploaded through the e file service my county provides, and it duplicated ATTACHMENTS/EXHIBITS to PLEADING. also, two dockets failed to upload all the pages of the ATTACHMENTS/EXHIBITS to PLEADING. I am the... Read more »

Terrence H Thorgaard
Terrence H Thorgaard
answered on Sep 21, 2022

I suggest you bring this up at the pretrial hearing. It is extremely doubtful that redundancy or judicial confusion will be a problem. If some of the attachments are missing, ask that the defendant be ordered to supplement them.

2 Answers | Asked in Employment Law and Libel & Slander for Florida on
Q: Wondering if I have a case for false accusations ,defamation of character and retaliation. I was terminated from work.

Was unable to defend my character as my new hired ED had terminated my position prior to a meeting set up that I sat for nothing. Their decision was already made. Executive Director stated she had documented proof of allegations of me bullying , threats made to staff and rumors and gossiping. I ask... Read more »

Terrence H Thorgaard
Terrence H Thorgaard
answered on Sep 21, 2022

Yes, you may have a case. You would probably be able to obtain copies of those documents, and additional evidence, by engaging in discovery.

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2 Answers | Asked in Child Custody, Child Support and Family Law for Florida on
Q: My decree states 880 per month child support for 2 children. 1 child turns 18 soon. Decree doesn’t state 440 per child.

When my child turns 18, he has graduated HS, will my supposed now be 440 per month?

Terrence H Thorgaard
Terrence H Thorgaard
answered on Sep 17, 2022

That would be a reasonable assumption. But if the person to whom you pay child support (payee) disagrees, you had better apply to the court to have the decree clarified.

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1 Answer | Asked in Uncategorized for Florida on
Q: Should I sue them? My wife has worked very hard on her mental health. She had suicidal thoughts and a plan back in 2018.

When my wife left, she was a zombie. It took all of her personality from her. Took about a week to recover. Since then, she got help and went to therapy. She’s been doing great. Until this week. A month ago, our pharmacy said we were not allowed to fill her medicine for 90 days. I argued and they... Read more »

Terrence H Thorgaard
Terrence H Thorgaard
answered on Sep 17, 2022

Sue the pharmacy for what; no proper medication for three days? Just go back and get the right prescription.

2 Answers | Asked in Personal Injury and Car Accidents for Florida on
Q: Hello I'm a college student live with my mother I was in a accident 2 years ago hit head on by another vehicle it was

Raining no ticket was issued couldnt prove who was at fault I have to write a written defense. Do I have to have an attorney

Terrence H Thorgaard
Terrence H Thorgaard
answered on Sep 13, 2022

You are being sued for the accident, I assume. if you had insurance, contact your insurance company; they will defend you. But no, you don't have to have an attorney, although it would be a very good idea to get one.

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1 Answer | Asked in Health Care Law for Florida on
Q: Good Morning, I have a ? My daughter which is 16 recently went to have STD check, do to unprotected.

My husband took her and requested to have blood work done for STD, pregnancy test A urine can check for Chlamydia & Gonorrhoeae . They did blood work for other , but the Physician & staff ended up getting her to sign consent for Pelvic , if needed? Then he used a speculum on her &... Read more »

Terrence H Thorgaard
Terrence H Thorgaard
answered on Sep 12, 2022

And what is your question? If you meant to ask if you can sue, the answer is probably not; your daughter doesn't appear to have suffered any significant money damages.

3 Answers | Asked in Health Care Law, Contracts and Medical Malpractice for Florida on
Q: Can a doctor charge cash for a visit if the doctor knows the patient is a medicaid recipient?

My doctor has been seeing me for many years. He first started seeing me under medicaid. He decided to stop accepting medicaid. He continued seeing me now for years as a cash patient. I was informed he wasn't allowed to if I was on medicaid. At first he had us signed a form that I was paying... Read more »

Terrence H Thorgaard
Terrence H Thorgaard
answered on Sep 10, 2022

Actually, the 13th Amendment was adopted in 1865. You may be thinking of the Emancipation Proclamation, which was effective in 1863, but that only abolished slavery in Confederate-controlled areas.

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2 Answers | Asked in Civil Litigation for Florida on
Q: Q: A judge granted me in small claims court. The Plaintiff; was a no show at the day of the hiring,

However on the same day; at 4pm a lawyer file a document showing the Plaintiff file from Bankrupt. The court send me a letter telling me that the case still open. They asking me to respond in 30 days , or they will be dismissed the case. Please help, dealing with that for almost a year . Thank you

Terrence H Thorgaard
Terrence H Thorgaard
answered on Sep 9, 2022

If the plaintiff has filed for bankruptcy protection, theoretically, perhaps, the case could still proceed despite the "automatic stay" of bankruptcy. However, as Mr. Kaufman indicated, it would probably be in your interest to allow the case to be dismissed.

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3 Answers | Asked in Personal Injury and Landlord - Tenant for Florida on
Q: A shelf in my apartment kitchen pantry fell hit me in my right leg and caused a blood clot to form. Can I sue?

Management was aware of the problem.

Terrence H Thorgaard
Terrence H Thorgaard
answered on Sep 7, 2022

Were YOU also aware of the problem? If you were, the defendant may claim that you assumed the risk of injury.

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2 Answers | Asked in Real Estate Law for Florida on
Q: Do we have the right to sue.

My husband and I put a down payment on a home but before we could sign anything we decided not to go through with the process. However, the management company that accepted the check will not issue an refund. It's been over a month since we started the buying process and every time corporate... Read more »

Terrence H Thorgaard
Terrence H Thorgaard
answered on Sep 7, 2022

Read your contract. If you do, you will probably discover that the down payment is not refundable.

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2 Answers | Asked in Criminal Law for Florida on
Q: My fiance of 5 years, that I live with was arrested for having my prescription medication on him.

He is my main caretaker and I was with him. Can I show the courts that it was my prescription and they will drop the charges ?

Terrence H Thorgaard
Terrence H Thorgaard
answered on Sep 7, 2022

And, of course, we don't know what justification the authorities may have had for searching the fiancé. If they didn't have probable cause the evidence could be excluded.

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1 Answer | Asked in Criminal Law for Florida on
Q: if i get a charge in another county and have to go to court there do i get a lawyer from that county or my county ?
Terrence H Thorgaard
Terrence H Thorgaard
answered on Sep 6, 2022

It's up to you and whichever lawyer you want to hire. Depending on how far away the charging county is, it might be more cost effective to hire an attorney in the county where you are charged. But any attorney admitted to the Florida Bar can represent you.

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