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.

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

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.

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.

The power of attorney doesn't make her the owner of the money; but it's probably the reason she is named as the "owner". You should be able to get your share of the money through what is called "Disposition without administration", pursuant to Florida Statute 735.304.

Mr. Frick is substantially correct, although in Florida what he calls "widow's rights" is referred to as "homestead". The mortgagee can foreclose (as is normally provided in the mortgage), but the person who asked this question would have to be named as a defendant in the foreclosure action.

Apparently, the letters are from attorneys seeking to represent you, and such letters are not from Midland. If that's the case, no it wouldn't be a "scare tactic". Until you have been served with a summons, by the way, the case cannot proceed. You can check with the clerk of... View More

Yes.

Florida Statute 790.25 provides that "(2) ... Notwithstanding ss. 790.01, 790.053, and 790.06, the following persons may own, possess, and lawfully use firearms and other weapons, ammunition, and supplies for lawful purposes if they are not otherwise prohibited from owning or... View More

If the defendant doesn't file an answer in a timely manner, a motion for default can be filed, but generally, an answer can be filed any time before default is entered. If you move to amend, you can't expect a default until the time to answer the again-amended complaint again runs.

Assuming that there is a publicly dedicated right-of-way, the local government may or may not have a plan to build a road. Or, when the property was subdivided, they might have required the developer to build a road. As indicated, you should check with the county or other local government.

It is not clear how your mother "combined 4 lots into 1 in 1988". Did she build a single house on all four lots, or did she convey the four lots by a deed in which she used a metes and bounds description (instead of "lots __, ___, ___ and ___ of such-and-such subdivision")?... View More

The phrase "an itemization of where they are getting their figures from" apparently means the amount owed. This is normally proved with periodic statements sent to the debtor. They also must be able to prove that they bought the debt from the original creditor and that they notified the... View More

If the suit is "... arising out of any transaction or operation connected with or incidental to any business or business venture carried on in this state by such [defendant]", you might be able to effect service on the secretary of State pursuant to Florida Statute 48.181 (4).

In order to evict, you would have to file a probate petition and become his personal representative. You will need an attorney to do that. When you are appointed personal representative, you would be able to stop her from selling what remains of his property.

It would be very strange if... View More

It appears that your father transferred title to one of your siblings. If you can prove that your father didn't have the requisite mental capacity, you may be able to sue to set the deed aside or recover your intestate share of the estate.

I believe you are mis-reading Florida Civil Rule 1.720 (b). The phrase "deemed to appear" doesn't REQUIRE both the client AND the attorney to appear. The filing of a confirmation of authority required under subdivision (e) would solve any problem; see subdivision (f).

Yes. Florida Statute 90.804 (2) (a) provides that testimony "given as a witness at another hearing of the same or a different proceeding, [is admissible] ... if the party against whom the testimony is now offered, ... had an opportunity and similar motive to develop the testimony by direct,... View More

When you file your claim with your insurance company, give them the tag number and the circumstances you have related. Using that number, the insurance company may be able to identify them, and choose to file a civil court claim against them. They might be able to recover a judgment, including a... View More

It's almost impossible that such a document, on a cell phone, would stand up in court. A will has a number of requirements, including the requirement that it be signed by the testator, signed by witnesses, and be notarized. So, it is very doubtful that you can inherit anything unless a... View More

Did you die from the operation? Did your mother know that there is a risk of death in any operation? If the answer to the first question is no, and the answer to the second question is yes, there are no damages and you don't have a right to sue, whether or not the SOL has tolled.