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a post was made of a fictional dream. the forum is in netherlands. poster resides in florida where the post is now part of a warrant for a case involving money laundering and prostitution. can the poster be tracked and the forum post used against him even though it clearly states it was a dream?... View More
answered on Jun 5, 2023
If the post which supposedly described a dream someone had, together with other information forming the basis for the warrant, may constitute probable cause justifying an arrest warrant. For example, say you had a dream in which you murdered someone and that someone turned up dead by homicide.... View More
I recently sold my business. The asset purchase agreement signed by both parties states neither party can disclose details of the transaction for 3 years after closing. I want to share details of the business I sold (such as closing price, terms, EBITDA, brand) with a business broker. The reason... View More
answered on May 31, 2023
It is not likely that the agreement could be interpreted to prohibit you from sharing the terms with an attorney under such circumstances; and the fact that you do so would probably be confidential in any case. Run your dilemma by an attorney with experience in such matters to determine, first, if... View More
When I say carry it I mean concealed and put away in my car. If not what exactly would be wrong with it? Certain class misdemeanor or a felony?
answered on May 30, 2023
Yes, you can have it in your vehicle "if the firearm ... is securely encased or is otherwise not readily accessible for immediate use." See Florida Statute 790.25 (5) and, generally, see:... View More
1. ON 3/23 I SENT SEVERAL EMAILS ASKING FOR MY "ORIGINAL LEASE I SIGNED WITH MY NOTES". 1 MONTH LATER STILL NO RESPONSE.
2. I APPROACHED ASST. TO THE MANAGER, WHO ADMITTED RUDELY [in front of other residents] "IT'S A LEGAL DOCUMENT, YOU ARE NOT SUPPOSED TO WRITE... View More
answered on May 24, 2023
Send them written notification by certified mail that what they gave you was not the same as what you signed. If they seek to enforce terms different than what you signed, you can try to prove the different terms. But unless you kept a copy including your 'notes' and missing pages, you... View More
I'm ready to file my complaint with the courts and I'm not sure if I should add my children as plaintiffs
answered on May 18, 2023
There would be a question as to whether minor children have the capacity to sue. Your complaint could indicate that you are suing in their behalf, if that is material, but it probably shouldn't name them as plaintiffs. Also, assuming that you are not licensed to practice law, you can't... View More
He was arrested for soliciting prostitution from an undercover. She is trying to get him to enter a plea deal and we haven't even went to court
answered on May 12, 2023
His attorney probably wants to talk to him about the facts of the case. Anything your son tells his attorney is privileged. The attorney can't be made to disclose what her client told her. On the other hand, what your son says in your presence is not privileged, so, in theory, you could be... View More
I must make a statement that I do not intend to make this house my personal residence. This is an interest only loan for 1 year. When I pay this loan off are the terms still valid?
answered on May 7, 2023
I suspect that the statement they want you to sign is to protect the lender from your later claiming the property as your homestead. If you default and they have to sue you and get a judgment against you, a claim of homestead would make it difficult to levy upon the property in order to collect... View More
This is in Florida. I have lived here more than 10 years and he had my mom sign a quit claim deed 2 weeks before she died, however she was heavily medicated and in hospice. Last week he told me he wants my kids and I to move so he and his new family can have the house. He has never invested a... View More
answered on Apr 29, 2023
Presumably your mother died four years ago. Obviously, you are aware that there is an issue with the quitclaim deed. The statute of limitations for adverse possession is seven years, but all the detail you give about your taking care of the property expenses, your brother rarely visiting the... View More
I had agreed to forgo payment for one of my children's monthly insurance , with the understanding that my ex stop threatening to take me back to court. My job situation has changed and I am currently paying health insurance for both children. I am asking him to pay his half as it was... View More
answered on Apr 26, 2023
Detrimental reliance means that one person changed their position because of what the other person did. In your case, you agreed that your ex wouldn't have to pay part of the insurance because he promised not to take you back to court. Depending on what it is that he was threating to go to... View More
The drafts are AB Living Trust. Nothing is titled in the trust name, however a large investment account and a million dollar home are titled in an LLC in which he and Mom are the only members. They have not conducted any true business from that LLC. The drafts say that all joint and separately... View More
answered on Apr 24, 2023
His share in the LLC would be part of his estate. It isn't clear if the will leaves everything to an apparently non-existent trust, but if so, the will would probably fail, and his estate would be intestate.
No, she can't just put the assets in her name; his share of the LLC... View More
If I have a judgement against me can they take all her money. I was recently in a care accident and the other driver has obtained an attorney.
answered on Apr 22, 2023
If you had automobile insurance, the insurance company should obtain an attorney to defend you against this claim.
If a judgment is entered against you, and the judgment creditor garnishes the bank accounts, you will want to file a claim of exemption. At the exemption hearing, you would... View More
Hello everyone, I was hired as a marketing manager and for some administrative work by an individual who owns a small business. However, after one or two weeks, she began giving me tasks related to building her website, which falls under web development and not marketing or administrative work at... View More
answered on Apr 20, 2023
It's not clear whether you were an employee or an independent contractor. But in any case, it appears that you did the website work for her. If so, the content was hers, and you had no right to delete the content. So, I suggest that you offer to restore it to how it was before you quit.... View More
A case management order automatically dismissed defendants in a civil action for failure to timely serve them with process. The plaintiff ignored the order, served defendants and is now setting the case for trial. Seems the court lost authority over defendants after dismissal. How can a plaintiff... View More
answered on Apr 19, 2023
There are several ways this could happen, depending for example whether the case was under the small claims rules or the civil rules. But such a dismissal would normally be without prejudice. Were the "dismissed" defendants served with a summons issued after the dismissal?
In... View More
I am having several possible symptoms of PTSD from an incident that happened in Miami Florida May 28, 2010 at a nightclub. I want to get a diagnostic done before I take any action
answered on Apr 14, 2023
No. The "discovery rule" you are thinking about is that if you only became aware of the tort now, you might be able to sue despite the tolling of the statute of limitations. It appears that you became aware of the tort when it happened, so you should have figured out what damages you... View More
The loan is only in her name. My name is listed jointly with her on the title/registration. We had a verbal agreement upon her getting this loan that it would used to transport her to and from her doctors appointments and be shared with my handicapped son as well. In return, I would make all of the... View More
answered on Apr 14, 2023
On the other hand, if no probate petition is filed and no personal representative is appointed (because, for example, she had no other property), you are probably not liable. It would be unlikely that the lender would be able to prove such an agreement between you and your mother.
The item is a $2 tool with sentimental value to the Plaintiff, was used in service to the Defendant, was used to provide a more valuable service, probably why Defendant is detaining the tool. Plaintiff suing for payment of service. Would the Statement of Claim and the Statement of Claim in... View More
answered on Apr 9, 2023
The order in which you put the allegations of your statement of claim probably doesn't make any difference. But if you want to use the tool as evidence at the trial you should probably bring this up at the pretrial conference (or mediation, of mediations are used in your county) so that the... View More
I would like to ask a witness for written answers to written questions. Is this an interrogatory or a deposition upon written questions?, or is it something else? If I want them to also provide a copy of a document, is this sought under production of documents? is this also a duces tecum? Is it a... View More
answered on Apr 4, 2023
It would be an interrogatory if you were to ask it of a party (plaintiff or defendant). There is no rule that specifically provides for non-parties to provide written answers. If you ask a party for a copy of a document, you would do so with a request for production. For a non-party you would... View More
Just moved to the home 3 months ago. Have had the property line survey done twice to be certain of location of
dead bush. This type of plant has thorns up to 2 inches long and very sharp. Surveyor says plant is 6 inches over the line on our property. Lake Co. FL. Thank you.
answered on Mar 30, 2023
May you remove a dead shrub from your property? Certainly. And if the neighbor does sue you, and if the judge doesn't believe your expert witness surveyor (who you will have subpoenaed at the trial, hopefully) and rules that the shrub was on the neighbor's property, what damages will... View More
Hi, I would like to know if I have a case on a particular issue. I worked for a company a few years ago and while I was there, they had a system in place for measuring an employee's performance. I mathematically proved that their system was flawed and that they were judging employees with bad... View More
answered on Mar 27, 2023
Generally, no. In most states, employment is "at will". What this means is that, in the absence of a contract to the contrary, your employer doesn't need any reason to fire you. Florida is one of those "employment at will", states, so you wouldn't have standing to... View More
answered on Mar 23, 2023
In general, yes, assuming that by "restrain" you mean the use of non-deadly force. Florida Statute 776.031 provides, in pertinent part, that
"(1) A person is justified in using or threatening to use force, except deadly force, against another when and to the extent that... View More
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