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Questions Answered by Terrence H Thorgaard
1 Answer | Asked in Legal Malpractice for Florida on
Q: Had a procedure done on my back with a 2 to 3 day recovery; haven’t been to work since; Are there any legal grounds ?

It’s been eight months since I worked; I have applied for disability;

My problem is that I cannot physically return to work at this time. Please respond, thanks

Terrence H Thorgaard
Terrence H Thorgaard answered on Jul 28, 2021

That's a question your current heath care provider needs to answer.

2 Answers | Asked in Family Law for Florida on
Q: If I don’t have a job right now and have been applying every day and can’t afford child support what do I do?

I paid a lumpsome payment to avoid my license getting suspended and the child support contact said it posted late and tore up our agreement we had without telling me weeks later.

Terrence H Thorgaard
Terrence H Thorgaard answered on Jul 28, 2021

It's not clear what you are trying to say, but if an agreement is torn up that doesn't necessarily void the agreement.

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2 Answers | Asked in Civil Litigation for Florida on
Q: If a party doesn't comply with a RFP (request for production), can you make a motion to compel the information?

And if they still don't comply can you ask for Sanctions?

Terrence H Thorgaard
Terrence H Thorgaard answered on Jul 27, 2021

Yes and yes.

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1 Answer | Asked in Real Estate Law, Child Custody and Child Support for Florida on
Q: What are my rights if my fiance is cheating on me and we have a 2yr old and own a home together in Orlando FL

I would prefer to keep the house and just refinance without him on there, but I am not sure I can afford it, although I was head of household for 2020.

Terrence H Thorgaard
Terrence H Thorgaard answered on Jul 26, 2021

If you are not married, you can't seek a divorce (or dissolution). Thus the laws for disposition of marital property do not apply. Instead, you would have to sue him for "partition" of the property. The property would be sold and each of you would get part of the proceeds.... Read more »

1 Answer | Asked in Real Estate Law for Florida on
Q: Will I get my earnest money back if the seller couldn't make closing due to a roof install?

We went under contract on a home in FL on 5/17 that was undergoing a roof install. At time of contract, the roof was off the home. A closing date of 6/24 was set, and we as buyers fulfilled all contractual agreements and were ready to close. On 6/24, the sellers requested an extension until 7/16... Read more »

Terrence H Thorgaard
Terrence H Thorgaard answered on Jul 25, 2021

You should; that's what an earnest money agreement means. But, of course you should have an attorney review the contract.

1 Answer | Asked in Gaming for Nevada on
Q: Is it legal to form a LLC(w/ mult members)in the state of Nevada for the purpose of entering casino sportsbook contests?

There would be an Nevada resident and a out of state Resident(s) as well as the LLC members. This would simply be so that any winnings would be declared by LLC and then distributed legally to the members based on ownership. This is not intended to bet sports or gamble in the traditional sense.... Read more »

Terrence H Thorgaard
Terrence H Thorgaard answered on Jul 25, 2021

Perhaps you don't understand that you have asked a Florida law question about Nevada law; you should ask it in Justia > Ask a Lawyer > Florida.

1 Answer | Asked in Real Estate Law for Florida on
Q: Can I sue for abandoment to a part ownership of a property

I am 3quarters ownership of a property.  One of the other owners has not helped or offered to pay the up keep, taxes or the insurance.   It has been 9 years now.   Can we sue him for abandoment? Or what can I do

Terrence H Thorgaard
Terrence H Thorgaard answered on Jul 25, 2021

You sue for partition. Usually the remedy is to sell the property and divide up the proceeds, giving you credit for the upkeep, taxes, and insurance you paid. If you want, you could buy the property at the sale.

1 Answer | Asked in Criminal Law for Florida on
Q: Question

caught shoplifting at Walmart it was $320 worth of stuff. I was apprehended by the worker that worked there the police were there and they didn't even do any paperwork, not in front of me anyway that I saw them do! I was read me my rights never handcuffed . The worker downloaded some videos... Read more »

Terrence H Thorgaard
Terrence H Thorgaard answered on Jul 24, 2021

Yes, it sounds right: the police don't have to do paperwork in front of you, read you your rights (unless they interrogate you and try to use what you say against you), handcuff you, or arrest you. I wouldn't complain, it looks as though you lucked out.

3 Answers | Asked in Uncategorized for Florida on
Q: I am a current business law student and Im having trouble with an assignment. Is there a way I can chat with a lawyer?

My assignment is to write a 6 page paper on what charges i can file and why against a company for holding a woman for an hour accusing her of theft and telling her if she leaves, she will go to jail. I understand that can be stressful and its a little excessive to be held for an hour, but I... Read more »

Terrence H Thorgaard
Terrence H Thorgaard answered on Jul 24, 2021

The assignment you were given, as you indicate, is to write about "what charges [you could] file". "Charges" usually suggest a criminal case, but since you are a business law student, it appears that the assignment is about a hypothetical civil case, in which one person (the... Read more »

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1 Answer | Asked in Health Care Law for Florida on
Q: for a poa health directive how can 2 people be the agent with the same power
Terrence H Thorgaard
Terrence H Thorgaard answered on Jul 23, 2021

The medical care provider would probably want to read the text of the directive to see whether both agents are needed to authorize any medical procedure.

1 Answer | Asked in Cannabis & Marijuana Law for Florida on
Q: Would I be able to purchase a firearm in the state of florida once my medical marijuana card expires?

I already have my concealed weapon license but thinking of getting a MM card for my issues. Would i be barred from purchasing a firearm even after my mm card expires and i am clean?

Terrence H Thorgaard
Terrence H Thorgaard answered on Jul 23, 2021

To my knowledge, having a medical marijuana card doesn't prevent you from buying a firearm. A similar question was asked here a few weeks ago, and that is what I also answered then.

1 Answer | Asked in Federal Crimes for Florida on
Q: Can I be charged for a felony drug charge for a car accident while OD on Xanax?

In May 2020, I overdosed on Xanax while driving. No one else was involved.Was taken to the hospital, refused a drug test and blood draw. I have been clean since but it is now July 2021 and the state is charging me with felony drug possession. Nothing was on me and I was never questioned. Do they... Read more »

Terrence H Thorgaard
Terrence H Thorgaard answered on Jul 23, 2021

Did you have a prescription for Zanax? Did you admit to possessing the drug? You indicate that "nothing was on" you, but did they find the drug by searching your car? These are a few of questions your attorney should be asking you.

1 Answer | Asked in Health Care Law for Florida on
Q: I had a baby back in March. Hospital did not provide an estimate of charges upon my several requests. They only said...

it would be the reminder of my maximum out of pocket. Four months later, they send me a bill for regular services provided to my baby post-delivery. I also requested an estimate of charges at the hospital, and nurse in charge said hospital doesn't provide estimate of charges. I believe this is... Read more »

Terrence H Thorgaard
Terrence H Thorgaard answered on Jul 23, 2021

Your belief that your rights have been violated is incorrect; what is your question?

1 Answer | Asked in Land Use & Zoning and Real Estate Law for Florida on
Q: If there are multiple owners of a property, can one or two people do a quick claim deed for their portion

THERE ARE 45 OWNERS OF A PIECE OF PROPERTY, SOME WOULD LIKE TO SIGN IT OVER TO THE CITY WHERE WE LIVE. SOME DO NOT. CAN SOME PEOPLE DO A QUICK CLAIM AND BE FREE OF ANY OWNERSHIP/LIABILITY? OR MUST EVERYONE DO A QUICK CLAIM?

Terrence H Thorgaard
Terrence H Thorgaard answered on Jul 23, 2021

Perhaps. How was this divided ownership come into existence? And what sort of potential liability are you concerned about? Strictly speaking, the grantee (the city) would have to accept the gift to make it complete.

It's "quitclaim", by the way; it means to surrender or...
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2 Answers | Asked in Civil Rights for Florida on
Q: I'm a black man who white woman was pretending I was trying to harm her inside at her place of employment what can I do
Terrence H Thorgaard
Terrence H Thorgaard answered on Jul 21, 2021

You have not given enough details to be sure, but it appears that this might be about criminal law, not civil rights. If so, you should confer with an attorney experienced in criminal law, ASAP.

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1 Answer | Asked in Real Estate Law for Florida on
Q: A roofer tarped my roof & covered my neighbors garage. My neighbor is demanding I pay to remove it. Am I responsible?

I had my roof tarped. The roofers tarped my neighbor's side of the garage & were gone before we realized what was done. I live in a townhome. My neighbor & I assumed my roof claim w Citizens would be resolved quickly, however, I am now involved in a lawsuit. I've contacted the... Read more »

Terrence H Thorgaard
Terrence H Thorgaard answered on Jul 21, 2021

It is unclear what you mean about your "roof claim w Citizens", and by "I am now involved in a lawsuit". Has your neighbor sued you or not? It doesn't appear you would be liable, although the contractor probably would be.

2 Answers | Asked in Real Estate Law, Construction Law and Landlord - Tenant for Florida on
Q: I'm a tenant at an apt bldg. They were given a 45 day notice to do an inspection. Am i obligated to pay rent ?

the company has 45 days to higher a structural designer to certify the bldg is in habitable condition, or, pull permits and do the repairs in that timespan. Am i obligated to pay rent under these conditions, knowing the bldg is poss going to be evacuated for repairs or possibly shut down?

Terrence H Thorgaard
Terrence H Thorgaard answered on Jul 21, 2021

If and when the building is actually shut down would be when you might not have to pay rent.

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1 Answer | Asked in Real Estate Law for Florida on
Q: Can I include a partial amount owed, to the grantor, in a quit claim deed?

I'm getting my brothers to sign over their interest ,to me, in a house we inherited in Tarpon Springs. I would like to use a quitclaim deed. Do their spouses need to sign? I paid them each part of what I owe. The rest to be paid at a later date. Can I include a lien for the amount owed in a... Read more »

Terrence H Thorgaard
Terrence H Thorgaard answered on Jul 19, 2021

You use a mortgage (not some other form of a "lien") to secure a promissory note. Yes, their spouses should sign. And since you are paying good money for this, you shouldn't accept a quitclaim deed; use a warranty deed. You and your brothers really should do this with the help of attorneys.

1 Answer | Asked in Car Accidents for Florida on
Q: In an accident and the other driver did not stop. Am I still liable if they return and did they still commit a crime?

I was at fault because I was reversing from a parking spot. The driver hit me on the left rear side, but didn’t stop. They left so I called the cops and told them it was a hit and run. A couple minutes after the call was made, the vehicle came back to the scene. Did they commit a crime and if so,... Read more »

Terrence H Thorgaard
Terrence H Thorgaard answered on Jul 19, 2021

Because the driver returned in a "couple minutes", it is arguable that they didn't commit a crime, but at any rate, they probably won't be prosecuted. It doesn't affect your civil liability (or criminal culpability either if you mean to ask that). Did you report it to your insurance company?

1 Answer | Asked in Child Custody, Child Support and Juvenile Law for Florida on
Q: Can my dad take my phone away if i’m 17 and he paid for it?

He paid for the phone and pays for the phone bill but he can just stop that can he take my phone legally?

Terrence H Thorgaard
Terrence H Thorgaard answered on Jul 19, 2021

Yes.

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