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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
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
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
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... View More
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
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... View More
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?
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.
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
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
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
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
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
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
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.
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.
We don't live together, he just wants my insight on what gun he should get
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
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.
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.
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
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.
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?
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
What recourse do I have ? They said I couldn’t sue her? I thought we go after her insurance company ?
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
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
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
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
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.
I have received court papers stating that. Can I stop making good faith payments?
answered on Jul 20, 2024
You don't HAVE to make payments at all. But since the dismissal was without prejudice, the plaintiff may, if it chooses, re-file the case and get a judgment. If so, it could attempt to collect by garnishment and by other means.
After I picked up my car at the body shop, I checked the video recording of the installed dashcam and found out that some employees took a joyride during working hours, on my car and were trying to teach another employee how to drive a manual transmission.
answered on Jul 17, 2024
A civil lawsuit normally requires money damages. Unless there is a statute imposing punitive damages, such a suit for using your car would bring you pennies, at least, so it probably wouldn't be worth your time and expense. Also, the body shop might well contend that it was necessary to see... View More
When I purchased my property over 20 years ago I was not given a legal easement. The owner of the property surrounding my property has now decided they no longer want to allow access to my property and chases anyone who enters the property away Is there any legal recourse I can seek to force the... View More
answered on Jul 14, 2024
It appears that you would have what is called an easement by implication or by necessity. So no, the person who sold you your land doesn't have the right to refuse access and you could probably bring a successful lawsuit to establish your right to access your property.
We have a 19-year old son who has his own insurance on a paid off car that is titled to a trust that solely has the vehicle in the trust (vehicle trust). However, he lost his job is now not able to pay for insurance. We would like to know if we add our son to our insurance policy and the car... View More
answered on Jul 14, 2024
No, it is unlikely that you could be held liable for having him on your insurance. Liability normally results from negligent action on the part of a driver, not co-insured such as you would be.
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