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1 Answer | Asked in Civil Litigation, Criminal Law, Domestic Violence and Family Law for Florida on
Q: Family Law Prose What motion can I file to ask the judge to skip mediation due to domestic violence and other issues?
Jane Kim
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answered on Mar 14, 2022

Not enough info to answer the question.

Do you have an order of protection? A motion is a request, so file a Motion to cancel mediation or just call it a Motion and then in paragraph format state what it is you want and why. Try setting it for a hearing before your mediation date.

Good luck.

2 Answers | Asked in Real Estate Law for Florida on
Q: can a board member appoint his wife's management company to be the new management for the Condo association?

the management company was recently changed to omit the husband's name from the company, but he is the management company's president.

does this become a conflict of interest?

Jane Kim
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answered on Mar 13, 2022

Yes, it is a classic conflict of interest example and must be disclosed to the membership following formal disclosure procedures.

I do not know if you are in a condo association (718) or homeowners (720), but both have similar provisions.

Here is an excerpt from a statue governing...
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2 Answers | Asked in Business Formation and Business Law for Florida on
Q: I own an LLC that sells trending fashion on its business website. Can I start/run any new companies under the same LLC?

My current LLC sell female fashion apparel, shoes, intimates, & accessories. But there is some businesses that are very similar to mine that I have the right connections to start a new business per that product category or service. Can I run a new similar business under my LLC? Or better yet,... View More

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answered on Mar 12, 2022

You can run as many businesses as you like under one LLC, but you will create market confusion and will not isolate your business interests from liability. That's why doing so would make very little sense. Some states allow for series LLC to create different (legally separate) branches under... View More

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2 Answers | Asked in Employment Law, Contracts and Business Law for Florida on
Q: Refused to sign a termination agreement, can I get in trouble?

I went to pick up my final paycheck after quitting a few days ago due to paychecks bouncing for myself and other employees multiple times in a row. When I went to pick up check the owner had a packet of paperwork saying termination agreement and asked me to sign it saying it was just for W-2... View More

Jane Kim
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answered on Mar 11, 2022

Good for you that you did NOT sign their release...

You have a claim against this employer for Worthless Check, which carries treble damages plus attorney fees. This is regardless if they made good on the check(s) later. That's probably why they wanted you to sign that document....
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2 Answers | Asked in Employment Law, Business Law and White Collar Crime for Florida on
Q: Unjust Enrichment-gave up 50% of pay for share of incremental purchase price but then owners refused to pay.

As CFO of a business being sold, the owners of this business requested I take a 50% pay cut in return for splitting the incremental purchase price savings (about $1M) directly tied to my salary reduction. There is clear evidence of how my salary reduction contributed to $1M additional purchase... View More

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answered on Mar 8, 2022

You can't be an employee at will and have an employment agreement.

Further, you may have several claims but obviously you need a consultation with a lawyer to understand your facts, review documents and advise accordingly.

Good luck.

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4 Answers | Asked in Civil Litigation for Florida on
Q: Is it possible to sue someone in small claims for severe emotional distress?

I did a bit of research on mine into emotional distress cases. What is definitely negligence or intentional infliction of emotional distress. Or I read the tort for emotional distress. And could answer all 4 requirements. I have medical records for during the time as well as having to pay someone... View More

Jane Kim
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answered on Mar 7, 2022

It must be intentional and the only reason why that person did what s/he did. Usually, very difficult to prove because there are usually other reasons for that person's actions.

Best regards.

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3 Answers | Asked in Business Formation, Business Law and Real Estate Law for Florida on
Q: Do I need to put each of my corporate leases into separate LLC for asset protection?

I have started a short term rental business and I am trying to scale.

Jane Kim
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answered on Feb 26, 2022

You don't "need" to do anything. But it would be wise to separate your business interests so that if one business gets sued and there is a judgment, other business endeavors are insulated.

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1 Answer | Asked in Real Estate Law for Florida on
Q: Is it possible for a real estate agent (S.A.) to operate an LLC business buying properties from owners to flip?

The sellers would not have agents, so I’m not sure about the legality or feasibility. The business would operate by purchasing, repairing/remodeling, and selling distressed homes.

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answered on Feb 25, 2022

I assume you are not a broker. Otherwise, as a sales associate you must have your license with a brokerage firm and always operate through a broker.

Here, as long as you are not claiming commission as a real estate agent then you can do it as a Buyer which happens to be an LLC. Do not ask...
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2 Answers | Asked in Intellectual Property and Real Estate Law for Florida on
Q: I have a property in oxford. the person who was staying on the property took my tractor, wich is valued at $ 14,000.

The police said I should handle this through arbitration. I have title.

Jane Kim
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answered on Feb 25, 2022

That's too bad police did not want to deal with it. You have an option of filing a complaint for Civil Theft. Once you get a judgment you will have to initiate a collection suit asking for a Writ of Replevin that's when you turn over that document to the police and they go and get it.

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1 Answer | Asked in Civil Litigation for Florida on
Q: In Florida,When filling motion to vacate civil judgment, can a motion to recuse or disqualify issuing judge be filed
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answered on Feb 24, 2022

I guess you can file two motions simultaneously and set the Judge-motion first. At least you'll have the other one on file, which is essential to demonstrate timely action to vacate the judgment. Both motions are fact-specific so it depends on your set of facts and reasons whether you should... View More

1 Answer | Asked in Business Formation and Business Law for Florida on
Q: Hi can I start a sole propietorship at 17 without parental consent in Florida
Jane Kim
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answered on Feb 23, 2022

Legal age in Florida is 18. You can work at 17 but there are restrictions as to how early/late and how long you can work in a day.

Sole proprietorship simply means you work for yourself without the protection of a legal entity. You could do that. You will have difficulty entering into...
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2 Answers | Asked in Real Estate Law for Florida on
Q: If we get a family loan for a house can we once we are stable enough- remortgage or turn it into a real mortgage in time
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answered on Feb 23, 2022

You can always apply for a mortgage or an equity line of credit. You are never barred to apply for one.

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1 Answer | Asked in Real Estate Law for Florida on
Q: Can my listing agent also represent the buyer in a signed purchase contract in Florida?

I signed an "as is" purchase contract. I've changed my mind on selling my home. My agent is also representing the buyer. Is a dual agent legal in Florida. If not, would this "technically" allowe me to terminate the contract without any penalty or legal liabilities?

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answered on Feb 22, 2022

Dual Agency in Florida is illegal UNLESS both parties agree to transaction brokerage.

You can cancel the agreement with your agent before you sign the purchase and sale contract with the buyer.

1 Answer | Asked in Copyright and Civil Litigation for Florida on
Q: someone stole my artwork from a social media site, slightly altered it and used it for profit. What can I do?

I originally created the image for a fan page on Facebook, Facebook changed their policy on using pseudonames and deleted the page the image was originally posted on, I still have the original.

Jane Kim
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answered on Feb 18, 2022

It depends what you mean by "slightly" altered. And how do you know how much profit that person generated?

In any event, if you believe you were first in time to create it, you can have a lawyer send Cease and Desist letter to this person not to use it again. If this artwork is...
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3 Answers | Asked in Personal Injury and Civil Litigation for Florida on
Q: My wife are 76 and 73 years, worked all our life. Being sued by 38 yr old son for damages.US Den Dist Ct # 1:2022cv00321

Son is disabled and misguided throughout his life. What are the options?

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answered on Feb 17, 2022

To add to what was already advised to you, since the case is in federal court, it must mean the amount in controversy is at least $75,000 (there are exceptions to that). For this reason alone I'd consult with an attorney.

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3 Answers | Asked in Civil Litigation and Contracts for Florida on
Q: What paperwork do I need to file for a breach of contract due to theft of over $26,000

What part of the court does the paperwork get filed through, and do I need an attorney

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answered on Feb 16, 2022

Breach of contract and theft are two separate causes of actions. For breach of contract, you must attach the contract. For theft, you must provide specific allegations about that. In FL, you can hire a lawyer to draft the complaint for you under the limited representation. But you can handle the... View More

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1 Answer | Asked in Real Estate Law for Florida on
Q: Regarding a Florida Real Estate Limited Liability Company: Can a Real Estate Sales Associate become a Member?

Does the Florida Admini code permit a Real Estate Sales Associate to be a Member of the Real Estate Brokerage LLC?

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answered on Feb 16, 2022

Not sure exactly what you are asking, but here are the answers for two possible questions you are enquiring about:

- Sales Associates may not be an officer, director, member, manager, or partner of a real estate company.

- Sales associates and broker associates can incorporate as...
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1 Answer | Asked in Business Formation and Business Law for Florida on
Q: Am I able to use the word "Productions" in my company name for an online resale business?
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answered on Feb 1, 2022

why not? unless there is a reason for your asking...

2 Answers | Asked in Real Estate Law, Business Law and Landlord - Tenant for Florida on
Q: Can I still collect back rent totaling $30000 from the tenant, it has been 12 years overdue?

I just found out his family and himself sold their other properties and bought his own house. Can I put lien on it. Any recourse?

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answered on Feb 1, 2022

Obviously, lots of questions arise that you did not address here.

But here is the basic answer on the statute of limitations:

The statute of limitations for written contracts is five years and oral contracts is four years.

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1 Answer | Asked in Civil Litigation for Florida on
Q: Statute of limitations on breach of contract

I inherited a rental property. The lender filed a breach of contract suit in which the house is collateral. The suit was just dismissed for failure to serve me. Although the suit was originally filed in a timely manner, the statute of limitations for filing such a suit has now passed. Given that... View More

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answered on Jan 30, 2022

I am copying this from an article:

Florida Rule of Civil Procedure 1.070 (j) states that a complaint must be served upon the defendant within 120 days after the complaint is filed. If it is not served within this time frame, a motion to dismiss is appropriate and the case is dismissed...
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