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Questions Answered by John Michael Frick
2 Answers | Asked in Personal Injury and Workers' Compensation for Texas on
Q: Hello. I have a question in regards to hiring a different attorney on my workers comp case in Texas.What is the process?

My accident is work related. The forklift was pulling on a bundle of conduit and the Strap Broke, While i was in the trench, caught me blind sided. I was treated by the ambulance and fire dept. The initial MRI showed i had suffered brain tissue was swollen and a brain tumor was diagnosed. My... View More

John Michael Frick
John Michael Frick
answered on Sep 9, 2024

A client can fire his own attorney at any time for any reason. The old attorney will still be entitled to compensation for services rendered up to the date of his termination. A new attorney often will not agree to take over a case until you have first paid the previous attorney as agreed.

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1 Answer | Asked in Divorce and Family Law for Texas on
Q: Texas Divorce - Personal jurisdiction over non-resident spouse

I moved to TX about 8 months ago for a new job, so i am eligible to file here. spouse still lives/works in CT where we lived for 15 years and own a house. we have never lived in TX and do not own a property here. spouse is planning to visit TX for the first time ever. if he is served divorce papers... View More

John Michael Frick
John Michael Frick
answered on Sep 6, 2024

Your question concerns what is called "tag". "tagging", or "transient" jurisdiction. One traditional way in which a court can acquire personal jurisdiction over a defendant is by personal service of process within the jurisdiction. "Tagging" raises the... View More

1 Answer | Asked in Adoption, Child Custody and Family Law for Texas on
Q: Can 2 minors my mother has temp custody of come live with me and my wife while we are petitioning for adoption/guardian

My aunt was given power of attorney of two minors who are her nieces that were removed from their home by CPS. My aunt then gave my mother temporary custody. CPS is saying the case is closed, parental rights are severed, and my aunt no longer has POA since signing over temp custody. The question is... View More

John Michael Frick
John Michael Frick
answered on Sep 6, 2024

Whoever has been appointed managing conservator of the children can consent, orally or in writing, for the children to live with you.

That consent will not, however, accomplish certain goals like enabling you to enroll the children in a public school, consent to medical treatment, consent...
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1 Answer | Asked in Workers' Compensation and Employment Discrimination for Texas on
Q: I was fired from my job one week after filing a worker’s comp claim. Is this something an attorney needs to handle?

Physician ordered head CT scan and was approved by WC.

John Michael Frick
John Michael Frick
answered on Sep 4, 2024

It is illegal to terminate an employee in retaliation for filing a WC claim. The timing raises the suspicion that you were terminated for filing your workers compensation claim. Of course, there may be other legitimate reasons why you were terminated. For example, an employee may be terminated... View More

1 Answer | Asked in Real Estate Law and Landlord - Tenant for Texas on
Q: Can an apt complex legally enforce requirements NOT detailed in the lease/a lease addendum? Is it time to get a lawyer?

I'm closing on a home; I've provided my 30 days notice as the lease stipulates. I've read my lease several times. I can't find any clauses which coincide with what I'm being told about: the inability to terminate my lease early; clauses that denote the complex will do... View More

John Michael Frick
John Michael Frick
answered on Sep 4, 2024

In the absence of an agreement to the contrary, a lease for a specified term continues until the end of that term. For example, if you agreed to a lease for a term of one year with a commencement date of December 1, 2023, that lease does not end until November 30, 2024. The parties can agree... View More

1 Answer | Asked in Landlord - Tenant for Texas on
Q: 3 day notice to vacate in Texas. Lying landlord.

We are already moving out, but we got a 3 day notice on our door and then a text from the landlord that I must reply today by end of day or she will proceed with eviction. Don’t I have 3 days to respond? Or can she really proceed if I don’t reply the day she gave us the 3 day notice?

John Michael Frick
John Michael Frick
answered on Sep 4, 2024

A 3-day notice to vacate is given when a tenant has not paid their rent in full in a timely manner. Whether you respond to the notice or not, the landlord can proceed with the eviction three days after the notice was given unless the tenant has fully paid all rent which has accrued and surrendered... View More

1 Answer | Asked in Divorce and Family Law for Texas on
Q: What does it mean if a judge asks for final decree with prior order?

I’m working on my divorce with a child that was born during but not of marriage, my divorce was granted but she asked for final decree with prior order. What does that mean?

John Michael Frick
John Michael Frick
answered on Sep 3, 2024

You need to submit a proposed Decree of Divorce containing the divorce and property division for the judge to sign, along with a certified copy of the prior order from the other case establishing the paternity of the child. The judge needs to confirm that no orders respecting that child need to be... View More

2 Answers | Asked in Appeals / Appellate Law for Texas on
Q: I’m being sued any I would like to appeal?

I am seeking legal assistance in addressing a lawsuit filed against me during the pandemic. As a 72-year-old individual with limited technical proficiency, I was served via email. Currently, I am separated from my spouse, and we maintain separate residences while remaining legally married. The... View More

John Michael Frick
John Michael Frick
answered on Sep 3, 2024

Typically, a party has thirty days from the date a judgment is entered to appeal. This can be expanded up to 105 days if that party did not get timely notice of the entry of judgment or if certain post-judgment motions were filed.

In certain circumstances, a party can file a restricted...
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1 Answer | Asked in Family Law, Child Custody and Child Support for Texas on
Q: Ncp has not followed court order since 2020 currently wants to follow the order. We start from the beginning of order

Non-custodial parent has been absent from child’s life since the child was six months old has a past with family, violence, harassment drugs, alcohol, etc what can managing conservator due as far as denying visitation due to social media pictures of non-custodial parent doing drugs while... View More

John Michael Frick
John Michael Frick
answered on Aug 30, 2024

Your custody order should specify what days the non-custodial parent is entitled to visitation. While it is considered good parenting to mutually agree on alternate dates if there is something that interferes with a noncustodial parent’s specified days, in the absence of such an agreement, the... View More

1 Answer | Asked in Divorce for Texas on
Q: good morning.. i ave been served divorce papers as well as a restraining order.. i ned to find out when ACTUAL court

court date is..as well as the scope of the restraining order.. from what i read i am NOT to have ANY contact w/ex-spouse..?? inhave NOT & Won't.. but he has sent me an email, explaining he WANTS me out of the house by September 15, 2024? a little over 3wks!! i hav NOT Been able to find... View More

John Michael Frick
John Michael Frick
answered on Aug 28, 2024

First, you need to hire an attorney who handles divorce cases in Tarrant County.

Since a restraining order was included with the citation served upon you, it will show a court date for a hearing for 'temporary orders" in your divorce case. This is almost always within two weeks...
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1 Answer | Asked in Landlord - Tenant for Texas on
Q: I am a landlord, i missed the 30 day time frame to inform my tenant I was keeping their security deposit.

They are saying i acted in bad faith, i was actually trying to find the cheapest option to cover the damages they caused to the landscape. They have contacted me and stated I have 10 days to pay the deposit plus legal fees. What options do i have

John Michael Frick
John Michael Frick
answered on Aug 28, 2024

You should provide an accounting of whatever deductions are applicable based on the information known to you now and immediately refund the balance of the security deposit ASAP. If you are sued, you can provide evidence that you were diligently attempting to find the cheapest option to rebut the... View More

1 Answer | Asked in Landlord - Tenant for Texas on
Q: Hi, How do I find out who and where to have former landlord served?

I recently was granted an unlawful eviction by means of appeal and would like to sue my former landlord. I called the Secretary of State and went to the Courts only to be told that I have to specifically have a name and address to have them served. Also have to have exact information for names of... View More

John Michael Frick
John Michael Frick
answered on Aug 28, 2024

The landlord's name appears in your lease. If the landlord is a business entity, you can then determine the landlord's registered agent for service of process by search the SOS Direct website maintained by the Office of the Secretary of State of Texas online. You will have to set up an... View More

1 Answer | Asked in Employment Law for Texas on
Q: Can I sue my employer?

I work in a hotel as housekeeper, I requested vacation in May for 30 days to go overseas to resolve a legal matter. One week before my departure I was told that the vacation won't be approved and I will be terminated if I go for the time I requested as will be considered no show. They said to... View More

John Michael Frick
John Michael Frick
answered on Aug 28, 2024

Your question does not state any grounds for a cause of action against your employer. If you had a written employment agreement governing vacation days, there may be a claim, but you did not state that in your question and it is not common for hotel housekeepers to have written employment... View More

1 Answer | Asked in Animal / Dog Law for Texas on
Q: Can I sue a dog seller for not making sure the animal was delivered to me?
John Michael Frick
John Michael Frick
answered on Aug 28, 2024

It depends on the terms of your agreement. Most sale transactions of this type are very simple. The Buyer chooses a dog from the Seller, pays the Seller, and leaves with the dog (and any paperwork).

When "delivery" is involved, a Seller may satisfy its duty by delivering a...
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2 Answers | Asked in Personal Injury and Small Claims for Texas on
Q: Can I get a settlement if I was breathing in black mold for a hundred days when I was encarcerated in a facility in2021
John Michael Frick
John Michael Frick
answered on Aug 26, 2024

Most personal injury lawsuits are resolved by settlement. If you have a case on file, talk to your lawyer about the strength of your case for liability and the total amount of damages you sustained (most likely, out-of-pocket medical expenses based on your question). your lawyer can help you... View More

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1 Answer | Asked in Consumer Law and Child Support for Texas on
Q: Question about Texas attorney general and reporting child support to the credit bureau.

Is it legal for the attorney general in Texas to report child support as late or delinquent randomly or prior to the date that the payment is ordered to be made?

Let's say payment is due the 24, and is paid. The next month on the 24 is missed, and within a month they report you as 30... View More

John Michael Frick
John Michael Frick
answered on Aug 26, 2024

The Texas OAG is required by law to report child support to the credit bureaus. If they made a mistake, you can file a dispute with the credit bureau to have the mistake corrected, just like with any other creditor. I note that child support is almost always due on the first day of each month.... View More

1 Answer | Asked in Family Law for Texas on
Q: How do I start from the beginning when half way through a case. Been lies and had no legal help

I have a lawyer that is supposed be defending me which I was giving to by the judge!! My case I have is with CPS and from the first day of court I told my lawyer how the Caseworker lied in her statement about a removal of my kids. She wrote a whole different reason and not mentioned one thing that... View More

John Michael Frick
John Michael Frick
answered on Aug 26, 2024

At any time for any reason a client can terminate the services of their own attorney. If the attorney was appointed by the court, you are not entitled to a second court-appointed attorney, but are free to hire a different lawyer of your own choosing or to represent yourself.

1 Answer | Asked in Contracts for Texas on
Q: Seeking legal advice to break roofing contract due to insurance discrepancy and the company's lack of communication.

I signed a contract with a roofing company in April 2024, which requires me to use their services or pay a 35% penalty if I cancel. The contract lists Farmers Insurance as the insurer they would file a claim with, but the roofing company was actually paid by Lemonade Insurance (my previous policy).... View More

John Michael Frick
John Michael Frick
answered on Aug 23, 2024

It is unlikely that the discrepancy in the name of the insurance company renders the contracts void.

Ordinarily, in the absence of an express agreement to the contrary, a contractor has a reasonable time period to perform its work. If it's been three months with no contact, I...
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2 Answers | Asked in Contracts, Criminal Law and Constitutional Law for New York on
Q: Does Buck V Kuykendall establish right to travel as long as you aren’t using the highways for buisiness?

My friend told me that the case Buck V Kuykendall establishes our right to travel and shows that the roads can only be regulated for those who are in commerce or using the roads for the propose of business. I tried to tell him that the case Hendricks V Maryland established in 1915 decided that the... View More

John Michael Frick
John Michael Frick
answered on Aug 22, 2024

Buck held that a state may not require a license or fee to engage in interstate commerce using federal highways for the purpose of limiting competition.

It did not in any way hold that roads can only be regulated for those engaged in commerce.

It discussed that states could regulate...
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2 Answers | Asked in Criminal Law and Civil Rights for Texas on
Q: I would like to know what steps are needed to take to file a lawsuit against Johnson co PD for wrongful arrest

I believe there is more than enough evidence to not only have the charge dropped but to file (and win) a lawsuit against Johnson co cleburne PD

John Michael Frick
John Michael Frick
answered on Aug 22, 2024

First, you need to clearly win any criminal case arising out of the arrest. By "clearly win" I mean you need to get the charges dismissed, be no-billed by a grand jury, or be found not guilty at trial by a jury.

Second, gather together all of the evidence proving the arrest was...
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