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Questions Answered by Terrence H Thorgaard
1 Answer | Asked in Criminal Law and Constitutional Law for Florida on
Q: can a fictional forum post be used in court or be used to track down the writer or said post?

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

Terrence H Thorgaard
Terrence H Thorgaard
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

2 Answers | Asked in Business Formation, Business Law, Contracts and Mergers & Acquisitions for Florida on
Q: Can I share transaction details w/a business broker/consultant without breaching a business contract? and with a lawyer?

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

Terrence H Thorgaard
Terrence H Thorgaard
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

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2 Answers | Asked in Criminal Law for Florida on
Q: Hi, so I just turned 19 and have been gifted a handgun, it's a ghost gun (big gray area there), can I legally carry it?

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?

Terrence H Thorgaard
Terrence H Thorgaard
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

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2 Answers | Asked in Contracts, Civil Litigation and Elder Law for Florida on
Q: LAWS REGARDING? MY LEASE WAS FORGED WITH MY SIGNATURE & BACK DATED, RETURNED WITH NONE OF MY NOTES, IT WAS 32 PAGES.

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

Terrence H Thorgaard
Terrence H Thorgaard
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

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1 Answer | Asked in Landlord - Tenant for Florida on
Q: Should I mention my children in a lawsuit complaint against my landlord

I'm ready to file my complaint with the courts and I'm not sure if I should add my children as plaintiffs

Terrence H Thorgaard
Terrence H Thorgaard
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

1 Answer | Asked in Criminal Law and Juvenile Law for Florida on
Q: My 17 year old has a court appointed attorney and she says she can't talk to him with me present. Is this true

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

Terrence H Thorgaard
Terrence H Thorgaard
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

1 Answer | Asked in Consumer Law and Banking for Florida on
Q: I am considering a consumer loan to renovate a house that I own. I am told I have to deed my house to the business and

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?

Terrence H Thorgaard
Terrence H Thorgaard
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

2 Answers | Asked in Estate Planning, Real Estate Law, Landlord - Tenant and Probate for Florida on
Q: My brother inherited my mom's house 4 years ago and basically abandoned it. I live in the home and now he wants it

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

Terrence H Thorgaard
Terrence H Thorgaard
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

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1 Answer | Asked in Divorce, Family Law and Child Support for Florida on
Q: I would like to know what it means to say that one is protected by affirmative defense of detrimental reliance.

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

Terrence H Thorgaard
Terrence H Thorgaard
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

2 Answers | Asked in Estate Planning and Probate for Florida on
Q: Dad died with a will referencing a trust document. Found several drafts on his computer but nothing signed.

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

Terrence H Thorgaard
Terrence H Thorgaard
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...
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3 Answers | Asked in Personal Injury, Banking, Car Accidents and Elder Law for Florida on
Q: In Florida if I'm on my mother's bank accounts only to be used for her benefit since she is 93 and has dementia.

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.

Terrence H Thorgaard
Terrence H Thorgaard
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...
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1 Answer | Asked in Contracts and Civil Litigation for Florida on
Q: Getting sued for civil theft, cyber security infringement, cyber theft, blackmail, scamming, extortion

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

Terrence H Thorgaard
Terrence H Thorgaard
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

1 Answer | Asked in Consumer Law for Florida on
Q: Is it possible to "undismiss" a defendant in a civil action?

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

Terrence H Thorgaard
Terrence H Thorgaard
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...
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1 Answer | Asked in Personal Injury and Civil Litigation for Florida on
Q: Hello, does the discovery rule applies if I discover an injury from an assault and battery 13 years ago?

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

Terrence H Thorgaard
Terrence H Thorgaard
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

2 Answers | Asked in Estate Planning and Probate for Florida on
Q: My mother has passed away and there is a wheelchair van with a loan in her name only.

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

Terrence H Thorgaard
Terrence H Thorgaard
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.

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2 Answers | Asked in Civil Litigation, Contracts and Small Claims for Florida on
Q: Can a Statement of Claim in Replevin be filed to get an item to be used as evidence in a related Small Claim?

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

Terrence H Thorgaard
Terrence H Thorgaard
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

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1 Answer | Asked in Nursing Home Abuse for Florida on
Q: Florida Civ. Proc. Question

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

Terrence H Thorgaard
Terrence H Thorgaard
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

1 Answer | Asked in Civil Litigation, Land Use & Zoning and Real Estate Law for Florida on
Q: May I remove a DEAD 4'single shrub plant that was planted on the property line. Neighbor says don't touch it or will sue

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.

Terrence H Thorgaard
Terrence H Thorgaard
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

1 Answer | Asked in Employment Law for Florida on
Q: Can a company be sued for using bad data as grounds to fire employees or using it to threaten to threaten termination?

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

Terrence H Thorgaard
Terrence H Thorgaard
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

1 Answer | Asked in Business Law, Civil Litigation and Personal Injury for Florida on
Q: Are you allowed to restrain a person that is destroying or vandalizing your property whether it is personal or business?
Terrence H Thorgaard
Terrence H Thorgaard
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...
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