Questions Answered by Andy Wayne Williamson

Q: How likely is it a court will impose punitive damages without physical injury in a breach of contract case?

2 Answers | Asked in Business Law, Civil Litigation, Contracts and Employment Law for Florida on
Answered on Mar 30, 2017

It is my suggest that you speak with an employment law attorney in your area. The ability to get punitive damages is complicated and must be presented with proper steps. In my opinion your question is too complicated to properly answer in this type of forum.
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Q: If part of a contract has been breached, is the remainder of the contract still valid?

1 Answer | Asked in Civil Litigation, Contracts and Employment Law for Florida on
Answered on Mar 30, 2017

Typically the breach of a contract by one party does not automatically cancel the contract. Thus, if you choose to breach it could come down to a judge's decision of who breached first or was their breach minor ect.

I strongly suggest that you speak with an employment law attorney in your area about this before you make a decision.
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Q: If the initial renewal contract date starts two months from now and you have decided that you want to terminate your

1 Answer | Asked in Contracts for Florida on
Answered on Mar 30, 2017

On your first question. If you are within the 60 day window to terminate the existing lease, you should be able to do so. Typically, such a termination is simply notifying the landlord that you do not intend to renew the lease.

On your second question. If one tenant has signed and delivered his or her signature to the landlord, it is possible that the landlord could attempt to hold that person to the lease. It would really depend upon the exact wording of the lease agreement. I...
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Q: When filing a will to County Clerk for Probate in FL, is it necessary to include copy of Death Certificat?

1 Answer | Asked in Probate for Florida on
Answered on Mar 28, 2017

The will can be filed for safe keeping prior to filing a petition for probate. Upon filing a petition for probate the death certificate does not have to filed for 60 days but is often filed at the same time as the petition for probate.
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Q: what are the steps to take for a married person who live separated from his or her spouse to purchase a house?

1 Answer | Asked in Real Estate Law for Florida on
Answered on Mar 28, 2017

The simple procedure is to list the property as being purchased as separate non homestead property. (However, if it is to be your new homestead and you are legally still married, I strongly suggest that we speak with a family law attorney before you purchase the property). The legal steps to purchase a property do not always coincide with the way a divorce court looks at the transaction. If you can find a family law attorney who also handles real estate matters that would be best, but if not...
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Q: a civil cc debt case against me is now listed at "re-closed" in the state of FL. what does that mean?

1 Answer | Asked in Civil Litigation, Collections and Consumer Law for Florida on
Answered on Mar 28, 2017

The status of a case as closed or open actually relates to an internal function with the clerks office. Thus a file can say closed or re closed and reopened later.
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Q: Question regarding attorney fees and cost, Florida Small Claims. The case had two parts or counts.

1 Answer | Asked in Civil Litigation, Contracts and Small Claims for Florida on
Answered on Mar 28, 2017

If a judgment was rendered on any portion of the case. The law in Florida sets a time limit for the prevailing party to file a motion for prevailing party attorney's fees and costs. Thus if you did not do so I would say that the judge was correct to deny a request for fees made several months later. Further if you are not a licensed Florida you would not be entitled to attorney fees. You would have been entitled to costs is you are not a Florida attorney but there is a time limit to seek costs...
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Q: Can a realtor collect rental commission, without HOA approval?

1 Answer | Asked in Real Estate Law for Florida on
Answered on Mar 28, 2017

the realtors ability to collect rent is likely only governed by the rental contract. If rent is transfer to the home owner then the realtors commission on the rent is typically paid at the same time.
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Q: Did you have 30 days or 60 days to inform a tenant weather a least we'll be we renewed or not

1 Answer | Asked in Contracts and Landlord - Tenant for Florida on
Answered on Mar 28, 2017

Typically the lease agreement will reference the time period on a tenant electing to renew a lease or the landlord electing to not renew the lease. If the lease is silent typically the court will interpret it to be a reasonable time and there is not a hard and fast rule but it would likely be closer to 30 days.
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Q: I cosigned on a car that someone else damage .can i file a small claim in court?

2 Answers | Asked in Car Accidents and Small Claims for Florida on
Answered on Mar 28, 2017

Yes. If the amount of damages are less than $5,0000.00. You will need to be able to prove that the other person did the damages and you will need the testimony of a body shop person to prove up the amount of damages.
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Q: Can family members get access to an estate before an inventory of the assets is done?

1 Answer | Asked in Estate Planning for Florida on
Answered on Mar 27, 2017

Personal property of a decedent can be taken by family or anyone who can get physical access to the decedenta home or where the property is located. ie: jewelry, furniture ect.

Unfortunately all to often family can swarm in and take property that they are not entitled to. It does not make it legal.
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Q: Can I be sued along with the corporation?

1 Answer | Asked in Business Law for Florida on
Answered on Mar 27, 2017

Typically the only way that you can be sued on a business debt is if you were a personal guarantor on the loan originally. If you did not ever personally guarantee the loan, then you need to seek an attorney to respond to the lawsuit. If you did sign the personal guarantee, then it appears that you are a proper party to the lawsuit.

Just FYI - The divorce court does not have the power to take your name off the loan paperwork. Also the fact that you have been out of the business...
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Q: Have realtor as listing agent, refused to do open house. We did ourselves. 2 buyers/offers have come through.

2 Answers | Asked in Real Estate Law for Florida on
Answered on Mar 27, 2017

Your real estate contract will control whether you have to pay a commission. I suggest that you talk with an attorney and have the attorney review your real estate contract and then advise you on how to proceed.
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Q: Who's in the right when rent money comes up missing?

1 Answer | Asked in Real Estate Law and Landlord - Tenant for Florida on
Answered on Mar 27, 2017

Ultimately, it is the tenants responsiblity to deliver the rent to the landlord. Although it will not be what you will like to hear I think that you will have to make up that missing rent payment and likely pay the fees. Unless you have some type of proof the landlord lost or is attempting to keep the check and not give you credit I think you are obligated to to pay the rent and keep seeking to get the money order back and prosecute the person who stole it if you can find them.
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Q: Am selling mobile home in Pennsylvania tho I now live in Florida.What need to do with title and do I need to be THERE?

1 Answer | Asked in Contracts and Real Estate Law for Pennsylvania on
Answered on Mar 27, 2017

I suggest that you repost this question under Pennsylvania contracts section. You need a Pennsylvania attorney to answer this question.
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Q: Lease will terminate in 5 days. I haven't received new lease or notice to vacate. Rights if new lease isn't agreeable?

1 Answer | Asked in Real Estate Law and Landlord - Tenant for Florida on
Answered on Mar 26, 2017

Yes. The management company should follow the terms of the lease agreement.

I have no idea why the rental agency has not produced a new lease.

Ultimately all that you can do is follow the terms of the lease and hope that they do the same. I suggest that you may want to go to their business in person to see if you can get better answers.
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Q: There are 3 people on a year lease for an apartment in Florida. One is leaving and wants off the lease. The managers

1 Answer | Asked in Real Estate Law and Landlord - Tenant for Florida on
Answered on Mar 25, 2017

Ultimately, the landlord has the right to keep all three people on the lease. (Except if the person leaving is in the military and got transfer order's). Barring the military service situation, the landlord can set the terms of removing the leaving tenant and also set the terms of the tenants who remain. It may not seem fair but a change in the lease with one party leaving allows the landlord to hold that person to the lease or renegotiate with the remaining two parties.
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Q: My ex husband has been my caregiver for four year can I ask for money to pay him on a law suit

1 Answer | Asked in Civil Litigation, Products Liability and Medical Malpractice for Florida on
Answered on Mar 24, 2017

If you already have a case pending with a personal injury / medical negligence attorney I suggest that you follow their advise. Based upon the limited information you provided I would say that filing a lawsuit or trying to add a claim to a lawsuit for caregiver services will likely not be allowed. Medical negligence cases are very complicated and complex and they also have a very detailed set of rules that must be followed through the courts. This does not sound like it would fit.
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Q: Particle board drawer fell apart, threw the pieces away. Prop mgrs claim they could have repaired, what should I do?

1 Answer | Asked in Real Estate Law and Landlord - Tenant for Florida on
Answered on Mar 24, 2017

I am not sure that there is a right answer on this. I am assuming that the cost to build a new drawer cannot be very substantial and I also assume that there are additional drawers adjacent to the one that broke to use as a pattern in building a new one.

I think that it would be difficult for them to put a value on the broken drawer just as it will for you. However, if as I suggest that the cabinet has other drawers you might was to take numerous pictures to document the condition and...
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Q: I signed a one-year lease 10 years ago. I have made payments every month since.

1 Answer | Asked in Contracts and Landlord - Tenant for Florida on
Answered on Mar 24, 2017

Based upon the limited information you presented, you are likely on what is called a month to month tenancy. ie: you very likely no longer have a yearly lease but a monthly reoccurring lease. If the lease agreement from 10 years ago specifically states that acceptance of rent automatically renews the lease for each successive year on the anniversary date of the yearly lease, then the lease would run on a yearly basis. (I sortof doubt that the lease would say the above, so you and the...
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