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Questions Answered by John Michael Frick
1 Answer | Asked in Civil Litigation for Texas on
Q: Can one file for a dismissal in a civil case when one does not cooperate after an order from a judge?

The plaintiff's attorney refuses to attend mediation ordered by a judge. Can I file for the case to be dismiss on those grounds?

John Michael Frick
John Michael Frick
answered on Nov 29, 2022

No, but you can file a motion to enforce the mediation order.

3 Answers | Asked in Family Law for Texas on
Q: I am preparing a TODD and my deceased husband's former wife's name is still on the deed. I am asked to sign name on deed

The instructions say to sign name exactly as appears on deed. My husband and his wife were divorced many years ago and he got the house; he left the house to me, but the only proof that it was his is the divorce papers. How should I sign the TODD?

John Michael Frick
John Michael Frick
answered on Nov 29, 2022

Exactly as YOUR name appears on the deed.

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1 Answer | Asked in Real Estate Law for Texas on
Q: We have a modular home on my daughter's property. Can we remove the home without consequences? We own the home.
John Michael Frick
John Michael Frick
answered on Nov 28, 2022

A modular home--as opposed to a mobile home--is typically a fixture because it is built on a permanent foundation. Therefore, usually the owner of the real property is the owner of the modular home.

Your question states that you are the owner of the modular home but your daughter is the...
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1 Answer | Asked in Employment Discrimination and Employment Law for Idaho on
Q: Can my boss make me drive my car to work?

I live less than 2 blocks away from work and my boss is telling me to drive my car to let customers know the restaurant is open. I don't use my car for anything else while I'm at work and I've explained to him that my car is on its last leg. So driving it isn't an option. But he... Read more »

John Michael Frick
John Michael Frick
answered on Nov 28, 2022

Tell him that a Tesla Plaid would not only show the restaurant is open but attract top paying customers. Given how little he pays you, he should buy you a Tesla Plaid to drive to work every day. That would up the quality of his clientele and pay for the Plaid within a few weeks.

1 Answer | Asked in Criminal Law for Texas on
Q: Self representation and questions relating

I want to go to court and defend myself. I don't want to deny the fact that the narcotics where mine. I want to go and express the unfair the way the da has treated my case. When I bonded out I went to inpatient rehab. Successfully completed that. Got an apprenticeship job to be an... Read more »

John Michael Frick
John Michael Frick
answered on Nov 28, 2022

In Texas, you have the right to represent yourself in a criminal case. You also have the right to rebuild the engine of your car.

The question is do you have the knowledge and ability to do so properly.

If you do not, it is almost always better to hire someone who does have that...
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1 Answer | Asked in Consumer Law, Criminal Law and Employment Law for Texas on
Q: Is a store employee aloud to put there hands on me if I did nothing wrong as in I didn't steal anything
John Michael Frick
John Michael Frick
answered on Nov 28, 2022

“Putting their hands on you” is a broad term. Generally speaking, it is not illegal to physically touch another person. On the other hand, intentionally assaulting or offensively touching someone (eg punching, slapping, kicking, clawing, forcefully shoving, etc) might be a crime depending... Read more »

1 Answer | Asked in Uncategorized for Texas on
Q: I own a vehicle with my ex partner. I am still making payments on it. She will not let me have access to it. The loan is

In both of our names as it is a joint account. What do I do?

John Michael Frick
John Michael Frick
answered on Nov 28, 2022

You can petition a court to partition the vehicle. The vehicle will be sold, the loan paid off, and proceeds divided between you after adjusting the equities.

1 Answer | Asked in Criminal Law for Texas on
Q: Out on bond been 180 days no indictment can they proceed with these charges
John Michael Frick
John Michael Frick
answered on Nov 28, 2022

Yes, they can proceed as long as the statute of limitations on the offense has not run out. The general statute of limitations for a state felony in Texas in three years, but there are a number of specific offenses with a longer statute of limitations. A few very serious offenses have no statute... Read more »

1 Answer | Asked in Employment Discrimination and Employment Law for Texas on
Q: I was convicted of attempted murder in 2009 but employment background checks show a murder charge. Should I sue county?

The background check showing a murder charge instead of attempted murder has made it very difficult to find meanfull employment? Should I sue the county? I was released in 2012 and have notified them of this mistake. It is severely damaging my quality of life.

John Michael Frick
John Michael Frick
answered on Nov 27, 2022

It is pointless to sue the county as it is most likely immune from any civil damages in such a case.

I recommend you obtain certified copies of your indictment, any arrest warrant affidavits, and the order disposing of the criminal charges against you and provide them to any prospective...
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1 Answer | Asked in Criminal Law and Legal Malpractice for Texas on
Q: I need a question answered very serious and important thank you.

Hi I went to court, the paper I signed stating what my next court date was, said the 14th of November. My bail bondsman sent me an email on the 6th saying that I had court on the 14th. My court date on the 14th was cancelled I have a text from my lawyer to prove it. This is where I get lost. I get... Read more »

John Michael Frick
John Michael Frick
answered on Nov 26, 2022

There is simply no way anyone could possibly answer this question in this forum. You should talk to your bail bondsman and show him the paperwork you were given showing your court date. And get another attorney to investigate for you

1 Answer | Asked in Family Law for Texas on
Q: CAN's AND CANT's when issuing Temporary orders under Family code 156 and 153.

CAN's AND CANT's when issuing Temporary orders under Family code 156 and 153.

WHAT RIGHTS CAN BE TAKEN AWAY IN A MODIFICATION AND WHAT ARE THE REQUIREMENTS TO DO SO

John Michael Frick
John Michael Frick
answered on Nov 26, 2022

Pursuant to Section 156.006 of the Family Code: While a suit for modification is pending, the court may not render a temporary order that has the effect of creating a designation, or changing the designation, of the person who has the exclusive right to designate the primary residence of the... Read more »

1 Answer | Asked in Election Law for Missouri on
Q: Does Foster v, Love decision mean that elections have to be decided by midnight on "election Day" otherwise it's void?

“When the federal statutes speak of ‘the election’… they plainly refer to the combined actions of voters and officials meant to make a final selection of an officeholder… By establishing a particular day as ‘the day’ on which these actions must take place, the statutes simply regulate... Read more »

John Michael Frick
John Michael Frick
answered on Nov 24, 2022

True, a ballot completed after midnight on Election Day may not be counted in a federal election.

1 Answer | Asked in Employment Law, Copyright and Intellectual Property for Texas on
Q: can i get in trouble for using pictures i took for work, for personal matters?

for personal matters, not to sell the pictures

John Michael Frick
John Michael Frick
answered on Nov 23, 2022

If the pictures were creative works, you could be violating your former employer's copyright interests in such works. Typically, under the work for hire doctrine, the copyright for creative works made by an employee belongs to the employer, not to the individual employee that created them.... Read more »

1 Answer | Asked in Education Law and Contracts for Texas on
Q: Does the school owe me more? Or no? Their website said the school could be finished 100% online, but now it can't.

2 months, with school that is with the Texas tdlr, has to drop out this month. I emailed questions before starting to make sure the program was fully online as the school's website stated, I have the school email stating it is fully online, in their handbook it states can finish 100% online.... Read more »

John Michael Frick
John Michael Frick
answered on Nov 23, 2022

It could be a misrepresentation depending upon what they knew and intended at the time they set up their website, sent the email, published their handbook, and promised you could finish online. Or it could simply be a breach of contract. Or it could be something completely outside of their... Read more »

1 Answer | Asked in Animal / Dog Law and Civil Rights for Texas on
Q: My story is longwinded. My dog in essence was STOLEN with the help of the local police department. What R my rights? TX.

The officer obligated me to hand over the dog. I took the woman who stole my dog to court and they found in my favor. The police bent over backwards FOR HER. She "alleges" she lost it and there is nothing I can do to her allegedly. She moved shortly after the incident which tells me she... Read more »

John Michael Frick
John Michael Frick
answered on Nov 23, 2022

It is not the mayor's job, or that of the city attorney, police department, or state attorney general, to help you enforce your judgment against the women who stole your dog.

It is your attorney's job, or your job if you are unwisely proceeding without an attorney, to file the...
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2 Answers | Asked in Civil Rights, Constitutional Law, Criminal Law and Employment Discrimination for Texas on
Q: My criminal history is being used illiegaly to deny me an opportunity for employment to better myself who do it tellntx

I have 6 felonies4 of witch are sexual no convictions or arrests since 2008 no trucking company will touch me and iv had several of them tell me blatantly that I am disqualified from employment for my offenses

John Michael Frick
John Michael Frick
answered on Nov 23, 2022

The EEOC investigates claims of unlawful employment discrimination. It has published a guide on how and when employers may use a job applicant's arrest and conviction record to screen applicants. This guide is focused on when using this information to screen job applicants constitutes... Read more »

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1 Answer | Asked in Contracts and Business Law for Texas on
Q: If I sell my business on contract & the buyer does not pay - can I foreclose on the buyer's house or other collateral?

Wondering if a business sale contract gives similar protection benefits to something like a mechanic's lien - where the debt can be secured with property or other collateral.

John Michael Frick
John Michael Frick
answered on Nov 23, 2022

The sale of a business can be collateralized just like other transactions. As long as real estate securing the transaction is not a homestead, real estate can secure the transaction. This is commonly done with a deed of trust.

Perfecting a security interest has different requirements...
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1 Answer | Asked in Contracts for Texas on
Q: Is storage facility responsible for mold damage in a climate controlled storage facility due to malfunctioning AC?
John Michael Frick
John Michael Frick
answered on Nov 22, 2022

Typically no. But your self storage rental insurance policy may provide coverage for damage to your property. Read your policy carefully though; some contain mold and mildew exclusions.

1 Answer | Asked in Employment Law, Civil Rights and Employment Discrimination for Texas on
Q: Should I seek legal help for ADA violation? Does constructive discharge apply to my situation due to undue stress?

I submitted an ADA request to my employer. They approved it based on a doctor's recommendation without consulting with me. I did not agree to the accommodation approval as it did not accommodate my situation because I have a special needs newborn in and out of the hospital and I need to be... Read more »

John Michael Frick
John Michael Frick
answered on Nov 22, 2022

Whether an employer has made reasonable accommodations to enable a qualified individual with a disability to perform essential job functions or to have the same privileges as employees without a disability without undue burden on the employer is a fact intensive determination. There is no way of... Read more »

1 Answer | Asked in Civil Litigation, Health Care Law and Public Benefits for Texas on
Q: Is it appropriate if a big public hospital only let people pay parking fee using an app? Is it a discrimination?

Only accept payment using app

No credit card payment or human service at the gate

Only very simple instruction of payment at the gate and not very eye-catching

No payment instruction anywhere in the hospital, like inside elevator or entrance of building.

No payment... Read more »

John Michael Frick
John Michael Frick
answered on Nov 22, 2022

Many parking lots are quickly becoming pay by app. It’s easy. It’s convenient. It’s efficient.

I don’t see how it discriminates.

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