Questions Answered by Terrence H Thorgaard

Q: My brother has power of attorney dad signed a quite claim to house but dad has Alzheimer and dementia

1 Answer | Asked in Real Estate Law and Family Law for Florida on
Answered on Nov 18, 2017

If the POA or the quitclaim deed were signed while your father was mentally incapacitated, you may have a defense to an eviction action. If, on the other hand, your father was mentally sound when he signed either, your brother can probably evict you.
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Q: I want to change my name. Is this something this organization can help me with? I am fleeing a highly abusive family.

1 Answer | Asked in Family Law for Florida on
Answered on Nov 18, 2017

By "this organization", do you mean the Justia site? We provide answers to legal questions here (although please note the disclaimer below, which recites in part that "... The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum...
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Q: Can the police legally seize my belongings when arresting my boyfriend for a warrant?

1 Answer | Asked in Criminal Law for Florida on
Answered on Nov 18, 2017

Probably. The can seize the things in his possession when they arrest him, to determine if it contains a weapon or evidence. If you can later prove it's yours, and if it is not to be used as evidence against him, you should be able to get it back.
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Q: My friend and her husband are waiting on final papers for divorce. He is deployed and she is wanting to move for a

1 Answer | Asked in Child Custody for Florida on
Answered on Nov 18, 2017

Assuming that he agrees that she can move to another state, she should file a motion with the Florida court in which the divorce is pending. The motion should request that child support be changed because the numbers are expected to change once she moves.
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Q: If Hobb's Act Robbery is no longer a crime of violence does ones indictment with the charge still stand?

1 Answer | Asked in Criminal Law, Constitutional Law and Federal Crimes for Florida on
Answered on Nov 18, 2017

The Hobbs Act is a federal statute dealing with robbery or extortion affecting interstate commerce. It is codified as 18 U.S.C. § 1951. Normally, an amendment to a criminal statute doesn't affect pending prosecutions under that statute. Here is a link to the text of the Hobbs Act: https://www.law.cornell.edu/uscode/text/18/1951

It appears that the act hasn't been amended since 1994. He can ask his attorney, but it doesn't look to me that he has a viable argument that the...
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Q: I have joint custody. Ex is in jail. Can I send my child to live with family out of state?

1 Answer | Asked in Child Custody, Criminal Law and Family Law for Florida on
Answered on Nov 18, 2017

I don't believe that would be a problem. Does the custody order (or time-sharing plan) indicate specifically that the child cannot be taken out-of-state?
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Q: I ended my yearly lease 12/31/2016 and have been on a month to month basis ever since my father took ill in Ft Myers.

1 Answer | Asked in Landlord - Tenant for Florida on
Answered on Nov 18, 2017

Does the old lease address the issue?
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Q: Open divorce case in Florida but neither party resides there. Next steps?

1 Answer | Asked in Divorce for Florida on
Answered on Nov 18, 2017

He could either pursue the Florida case to its conclusion, or move to dismiss it.
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Q: I signed a 1 yr lease with a roommate - she got another place and is leaving. Am I now responsible for her portion of r

1 Answer | Asked in Real Estate Law and Landlord - Tenant for Florida on
Answered on Nov 18, 2017

Yes, you are jointly and severally responsible, with her, for the remaining lease payments. You could sue her for indemnification. Often leases prohibit assignments (or sub-letting) by someone in her situation, so read the lease to see if it does.
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Q: Can I vacate my apartment outright if I never signed a lease but did agree to and have paid the 12 month lease rent ?

1 Answer | Asked in Landlord - Tenant for Florida on
Answered on Nov 18, 2017

You indicate that you "checked a piece of paper". Was this paper signed or initialed by you? I suspect that they may argue that the paper constitutes an agreement to extend the lease.
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Q: How is the phrase "throwing incendiaries" used most in criminal law? Any object or just flammable/explosive ones?

1 Answer | Asked in Criminal Law, Federal Crimes and Personal Injury for Florida on
Answered on Nov 18, 2017

Florida Statute 790.161 provides that "....—A person who willfully and unlawfully makes, possesses, throws, projects, places, discharges, or attempts to make, possess, throw, project, place, or discharge any destructive device:

(1) Commits a felony of the third degree ..."

Florida Statute 790.001 Definitions; provides that

"—As used in this chapter, except where the context otherwise requires:

...

(4) “Destructive device” means any bomb,...
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Q: Lease states LL will provide tenants valet parking, which is $200/month. LL refuses to provide. Can I deduct from rent?

2 Answers | Asked in Real Estate Law and Landlord - Tenant for Florida on
Answered on Nov 18, 2017

What do you mean "Valet in the building is now being charged at $200/month."? Is someone else providing the service and, if so, do you pay them?
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Q: Does SSDI that I am receiving take the place of C.S. in FL or is it separate payments that are owed for the child?

1 Answer | Asked in Family Law for Florida on
Answered on Nov 18, 2017

No. Child support can be established by the courts, and it may possibly be a different amount than the SSDI payments you are receiving.
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Q: Question: Can you get in trouble for threatening to have relationships with a person's mother?

1 Answer | Asked in Personal Injury, Collections and Criminal Law for Florida on
Answered on Nov 18, 2017

Only if it was a credible threat of sexual battery (i.e.: rape). I don't see what you suggested he say was anything like that.
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Q: My deceased dads ex girlfriend has all his stuff.

1 Answer | Asked in Family Law, Intellectual Property and Probate for Florida on
Answered on Nov 17, 2017

Sure; if you file a probate case you can sue her for the stuff.
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Q: How are cyber claims - as pertaining to HIPAA / PCI - filed and prosecuted in Florida?

1 Answer | Asked in Health Care Law and Intellectual Property for Florida on
Answered on Nov 17, 2017

A violation of the federal HIPAA regulations (health care providers divulging certain personal medical information) is not a crime, nor is it a violation of Florida law. The health care provider can perhaps be subject to sanctions by a specific federal agency, but it is not a court case.
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Q: My son was Baker Acted by his school today and no one from the school called me. The school has all my phone numbers

1 Answer | Asked in Civil Litigation, Civil Rights and Education Law for Florida on
Answered on Nov 17, 2017

And what are your damages, exactly?
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Q: I want to take out life ins for my ex that I have children with. He is refusing to sign the papers, what are my options?

2 Answers | Asked in Family Law and Child Support for Florida on
Answered on Nov 17, 2017

Does the life insurance company require you to get his consent? I believe you have an insurable interest; you shouldn't need his consent.
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Q: Im waiting for court to fight for joint legal custody of my daughter

1 Answer | Asked in Family Law for Florida on
Answered on Nov 17, 2017

It's very difficult to figure out what you are asking. What I can figure out is that a restraining order was issued against you in 2013, but the child's mother now wants you back in your daughter's life. You might want to rephrase your post.
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Q: Water heater burst on 3rd floor in March 2014 and am being sued by 2nd floor unit owner just now for $30k in damages.

1 Answer | Asked in Small Claims and Landlord - Tenant for Florida on
Answered on Nov 17, 2017

Yes, unless the 2nd-floor owner can prove your negligence, you should prevail.
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