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Questions Answered by Heather Marie Meglino
1 Answer | Asked in Business Formation and Business Law for Florida on
Q: Can I get my 21k back from my friend that I transferred to for business?

I have Transferred 21k to a friend for business opportunity. My friend has played me and will not give my money back. Is it possible to sue him and get my money back? The only evidence I have are through massages.

Heather Marie Meglino
Heather Marie Meglino answered on May 4, 2020

It is possible under a claim for unjust enrichment, which I will post below. The difficult part is where there is no written contract (besides text messages) there is no attorney's fees provisions. Meaning you would likely have to go pay an attorney to go after the 21k and not be able to... Read more »

1 Answer | Asked in Contracts for Florida on
Q: Hello, I have been paying my daughter's quinceanera for a year and it was supposed to be in May 29, 2020. They won't

refund my money plus they say I have to continue to make payments or I will be in breach of contract and lose my $$$. They said I can pospone to next month but, a bunch of my family have already canceled. what can I do??

Heather Marie Meglino
Heather Marie Meglino answered on Apr 28, 2020

Take a look at the contract with them to see if there there is any termination/cancellation provision that speaks to this first. For example, they may take a small cancellation fee instead of the whole amount since you are giving them more than 30 days' notice.

It seems to me that...
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2 Answers | Asked in Contracts for Florida on
Q: If A contract is signed on April 16, 2016 and is told that it last up to 3 years is it safe to say that my contract has

is it safe to say that my contract has expired?

Heather Marie Meglino
Heather Marie Meglino answered on Apr 22, 2020

Yes according to that section. But I would recommend reading the entire contract to make sure for example there wasn't an automatic renewal or anything you needed to do on your end to cancel/terminate the contract.

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3 Answers | Asked in Contracts for Florida on
Q: My window contractor cancelled installation due to pandemic. Am I still bound?
Heather Marie Meglino
Heather Marie Meglino answered on Apr 14, 2020

If they cancelled then you should not be bound. You should definitely read anything you signed, but if they rescinded the contract first, you should not owe them anything.

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3 Answers | Asked in Business Law and Contracts for Florida on
Q: In 2020 I noticed the business I co-owned is registered but I am no longer listed. What is the significance?

My partner who I have recently had a disagreement, recently registered the business for 2020 but I am not listed (I was listed in 2019 as a owner/mgr). What is the legal significance of not being listed on the business as I am a 49% partner?

Heather Marie Meglino
Heather Marie Meglino answered on Apr 6, 2020

Do you have a partnership agreement? Typically, that is going to control over what is on Sunbiz (I am guessing that is what you are referring to). Also, if there was not a written partnership agreement, it defaults to the Florida Revised Uniform Partnership Act. I would suggest that you have them... Read more »

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3 Answers | Asked in Contracts and Business Law for Florida on
Q: What recourse do I have when I signed a contract to complete a project and they paid me less than what I billed for.

I was subcontracted for some IT work. I signed a contract and my billable hrs were below that max amount of billable hrs. I provided a weekly summary of the work I did and hrs worked. Everything went well until payment was due. The first excuse was they didn't approve my proposal which later... Read more »

Heather Marie Meglino
Heather Marie Meglino answered on Apr 1, 2020

The contract will typically control. I am not sure what is meant by "no court" but the contract dictates how you should proceed. Sometimes contracts say that you waive your right to a jury trial but that doesn't mean that you couldn't still sue. Or sometimes the contract... Read more »

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3 Answers | Asked in Contracts for Florida on
Q: Hello

Hello, I’m suppose to have my baby shower at the banquet hall in three weeks but the government is shutting down all events for 30 days. I am already 7 and a half months pregnant and is unable to reschedule my event. Can the banquet hall keep my money even thought this is out of my control?

Heather Marie Meglino
Heather Marie Meglino answered on Apr 1, 2020

I am so sorry for the stress you are going through. My cousin is in the same exact situation expecting her little one in May.

First I would read the contract and see if there are any outs you can find. Often look for a force majeure clause or something that talks about terminating the...
Read more »

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2 Answers | Asked in Business Formation and Business Law for Florida on
Q: Would like to know what type of license would I need to start an online clothing boutique and be able to but wholesale
Heather Marie Meglino
Heather Marie Meglino answered on Apr 1, 2020

Typically you would start by establishing your own entity with the state of Florida (sunbiz). Also, obtain an EIN number if you haven't already. Then obtain your occupational license (now called a Business Tax Receipt), which depending on your area you need both the city and county license... Read more »

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2 Answers | Asked in Employment Discrimination and Sexual Harassment for Florida on
Q: If an owner of a company doesn't like an employee can he terminate me for reasons that have no proof to back it up
Heather Marie Meglino
Heather Marie Meglino answered on Apr 1, 2020

Yes as long as there is not a contract that removed the "at-will" status of the employee because in Florida employment is at-will. Also, as long as the reason is not based on discrimination or in retaliation, for example, a whistleblower action or if employee recently requested or took... Read more »

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