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Questions Answered by Charles M. Baron
2 Answers | Asked in Contracts and Animal / Dog Law for Florida on
Q: If I adopt a pet from a pet rescue, does said paid belong to me or am I just 'renting' it from the agency?

I recently got a cat from a pet rescue. When adopting the cat I had to fill out a lengthy adoption contract. A few parts concerned me and I was hoping someone could provide clarification.

"1: I understand that I am not PURCHASING a pet but ADOPTING and SAVING THE LIFE of a homeless... Read more »

Charles M.  Baron
Charles M. Baron answered on Jul 5, 2020

You're confused by the language "not purchasing", and I can understand your confusion. From your brief description, it appears the intent of the agreement is that the pet is not being sold to you, but rather is given to you as a GIFT. It calls the adoption fee a... Read more »

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1 Answer | Asked in Civil Rights for Florida on
Q: How to go about getting civil rights reinstated in Florida when the conviction is from another state
Charles M.  Baron
Charles M. Baron answered on Jul 1, 2020

Contact the Fla. Office of Executive Clemency - see https://www.fcor.state.fl.us/clemencyOverview.shtml

Staff can answer your questions.

1 Answer | Asked in Criminal Law, Family Law and Civil Rights for Florida on
Q: Pregnant minor

What can you legally do when a 17 year old teen gets pregnant and runs away to boyfriends house?

Charles M.  Baron
Charles M. Baron answered on Jun 27, 2020

Are you referring to your daughter, who is unmarried and has run away to stay at another home for more than 24 hours? If so, you may call the police, as the parties sheltering your daughter without your consent are breaking the law (Fla. Statutes Section 985.731), and/or you may call the following... Read more »

2 Answers | Asked in Civil Litigation for Florida on
Q: Can a defense attorney also be a party in a suit?

I added the attorney as a party after they filed notice of appearance to appear as defense counsel. I assumed this would disqualify them as acting as defense for the other parties and themselves.

Charles M.  Baron
Charles M. Baron answered on Jun 26, 2020

You are playing with fire!! If you have no rational theory of liability for suing the opposing party's lawyer, you are likely to be sanctioned, either pursuant to Florida Statutes Section 57.105 or the Court's inherent sanction powers. Sanctions may include dismissal or your claims... Read more »

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1 Answer | Asked in Contracts and Business Law for Florida on
Q: Fiverr won't release my funds because they say one client was not satisfied but they won't tell me who. Can I sue them?

Their customer support literally told me that they won't release the funds because one client was not satisfied but they won't tell me what client. Sounds like something very arbitrary and impossible to solve. What can I do? Should I sue fiverr? I also see a lot of other sellers in the... Read more »

Charles M.  Baron
Charles M. Baron answered on Jun 25, 2020

The only way to evaluate your potential claim is to have an attorney review your contract and discuss the facts in detail. If the contract was breached, then of course you would have some type of legal remedy. The procedure for making a claim, whether that be by lawsuit in court or by... Read more »

2 Answers | Asked in Civil Litigation for Florida on
Q: My car was totalled. My auto/gap insurance paid some. Can I sue the man for the remaining balance?
Charles M.  Baron
Charles M. Baron answered on Jun 23, 2020

Yes, you may make a claim against the at-fault driver. If he carried insurance, you would start with a claim to his insurance company. If he did not, you would need to sue him, and if it's for $8K or less, you can do it in small claims court without an attorney. Whether you can collect... Read more »

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1 Answer | Asked in Personal Injury for Florida on
Q: Do I just have to live with it? I worked in two buildings that had mold contamination. I got very sick, what do I do?

I lost memory, my sense of smell, my balance, and now my last two fingers are numb all the time. Heart issues, breathing issues, and so very scared of catching the COVID.

Charles M.  Baron
Charles M. Baron answered on Jun 23, 2020

You must consult an attorney handling workers compensation cases ASAP!! Injuries and illnesses caused at an employee's worksite generally must be remedied in workers compensation cases, with the employer's workers comp insurance kicking in. In some situations, there might also be... Read more »

1 Answer | Asked in Gov & Administrative Law for Florida on
Q: Can I loan my son $120,000 w/ promissory note using his homestead as security? Can it be recorded? Better Ideas welcome
Charles M.  Baron
Charles M. Baron answered on Jun 22, 2020

Yes, with a recorded note and mortgage, but if there is already a mortgage for a home loan, the lender has priority, so if the lender forecloses, you'll end up on the short end.

1 Answer | Asked in Contracts and Business Law for Florida on
Q: How much can I sue for is a small business promises a refund but it’s been two months and ive gotten more response?
Charles M.  Baron
Charles M. Baron answered on Jun 22, 2020

Depends on the agreement you had with that business that it apparently breached. Also, some agreements, particularly those entered on-line, have arbitration clauses prohibiting you from suing in court, instead requiring you to bring your claim to arbitration. You would need to have your attorney... Read more »

1 Answer | Asked in Libel & Slander for Florida on
Q: Can I sue for defimation of character? Sheriff went on national TV and knowingly said the following below...

The sheriff went on TV (nation wide) and told the pubic I "had plans to commit a mass shooting" (proven flase by the court).

That I "Owned a 22 rifle and over 300 rounds of ammunition" (was proven false by the court).

That I "am psychotic" (multiple... Read more »

Charles M.  Baron
Charles M. Baron answered on Jun 22, 2020

Yes, if the Sheriff knowingly or recklessly made the defamatory statements. However, it sounds like you are planning to take a "pretrial intervention" deal (or have already taken the deal). While that results in the State dropping the charges, and enables you to thereafter petition for... Read more »

3 Answers | Asked in Civil Litigation for Florida on
Q: My attorney thinks my case is waste of time? Should be realistic of outcome???

Judgement in my favor a year n half ago but taxi company didnt have insurance and untouchable in florida?

Charles M.  Baron
Charles M. Baron answered on Jun 19, 2020

If you doubt your attorney's explanation regarding why the company you have a judgment against is uncollectible, seek a second opinion from another attorney by showing all of the documentation that your attorney obtained to make that determination. To reach that conclusion, your attorney... Read more »

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1 Answer | Asked in Personal Injury, Car Accidents and Insurance Defense for Florida on
Q: Can my assets be brought into a previous lawsuit if we get married?

My fiancee was involved in a car accident while he was on his parents policy. One person did not settle and is now sueing. Can my assets be brought into the lawsuit once we get married in November 2020?

Charles M.  Baron
Charles M. Baron answered on Jun 19, 2020

A party's assets are not an issue in such a lawsuit unless and until a money judgment is entered against the party, and then it's an issue only if there is no or too little insurance coverage to protect the party - for example, if a judgment for $50K is entered against the defendant, who... Read more »

2 Answers | Asked in Car Accidents and Libel & Slander for Florida on
Q: A guy hit my car, we chose to settle private..PLEASE READ (Evidence)

A guy hit The side of my car this morning we pulled over and he asked me cash or insurance I told him we can settle it private. we exchanged information and I took video of the whole thing including him saying his name and exactly how he hit me on video. If he chooses not to respond how do I go... Read more »

Charles M.  Baron
Charles M. Baron answered on Jun 17, 2020

Very best thing to do upon being struck by at-fault party is to call the police and make a claim to the other party's insurance. Second best thing to do (if, for some reason, you don't wish to do the above) is to make a signed written agreement with that party, take down all... Read more »

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1 Answer | Asked in Criminal Law for Florida on
Q: Can a leo charge a person while only using an unlawful video recording and witness statements by people too far to see

Can a leo charge a person with dvb when he saw a video of only one side of incident and only took statements from witnesses to the other side however failed to even mention other witnesses who were closer to parties involved than the others the mentioned in the report? Also the video was taken... Read more »

Charles M.  Baron
Charles M. Baron answered on Jun 17, 2020

You are writing from Louisiana, but posted this query for Florida attorneys - so what is the location of the arrest? Laws on recording without consent vary by State. And what is "dvb"?

2 Answers | Asked in Civil Litigation and Probate for Florida on
Q: My late father left me the beneficiary of 1 of his homes -the others 2 his wife of 3 months. She took what was willed to

The will was made before their marriage and she's taken control of the house solely left to me

House was in his name.only

Charles M.  Baron
Charles M. Baron answered on Jun 15, 2020

You did not ask a question. Is your question: "Is there something I can do legally to take control of the property that I inherited, when my late father's wife is taking control?" ? Assuming you are an adult, the answer to that question is "of course", with the sole... Read more »

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3 Answers | Asked in Employment Discrimination and Employment Law for Florida on
Q: Fired for small mistakes, never put on a performance plan. I was the only women on the team. What should I do ?

I was working at a new job and was suddenly fired after being told I was performing great 3 days prior. The owner found some typos in my work and that was the reason given for my firing. I was a W2 salary employee with benefits. I was the only women on the team and one of the only ones, as they... Read more »

Charles M.  Baron
Charles M. Baron answered on Jun 14, 2020

You did not indicate whether you believe you were discriminated against on the basis of sex, though perhaps you are wondering if you were. If so, the circumstances of your work history and termination must be examined in detail to determine if you have a viable potential discrimination claim. If... Read more »

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3 Answers | Asked in Personal Injury for Georgia on
Q: Georgia Law, how likely is a lawsuit to follow through for a 2 year old car accident which was handled by the insurance

plantif in this case told the emergency services they were fine when they arrived , refused to share insurance information and was uncooperative

Charles M.  Baron
Charles M. Baron answered on Jun 10, 2020

Because you are writing from Florida, you post is being viewed by attorneys who subscribe to Justia posts coming out of Fla., so the odds are against your post reaching a Georgia attorney. Only members of the Georgia Bar may opine on a matter of Georgia law. However, the question of "how... Read more »

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4 Answers | Asked in Contracts, Real Estate Law and Business Law for Florida on
Q: Is it legal to enforce a year office lease repetitively over 12 years?

Never been late a payment, assumed the agreement was month to month, never notified otherwise or paid any additional and never was given a new lease to sign. They said it is in the contract that it auto renews each year (12 years ago, who knows?). Is that legal for them to keep me in a contract... Read more »

Charles M.  Baron
Charles M. Baron answered on Jun 9, 2020

You must read your 12-year old lease to determine if it has an auto-renewal clause, which CANNOT legally say (in layman's terms), "This auto-renews whether you like it or not!" (If it were to have that, it would be unenforceable.) My guess is that it says that the lease auto-renews... Read more »

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1 Answer | Asked in Divorce and Gov & Administrative Law for Florida on
Q: With Covid19 in effect what are the legal guide lines for phone hearings? Why are they not recorded?

I had an exceptions hearing over the phone, opposing council was allowed to talk and I was not, I was the one that filed for exceptions. I don't understand how that is legal, and when I tried to get a copy of the hearing they said that they weren't recording them? When I asked the judge... Read more »

Charles M.  Baron
Charles M. Baron answered on Jun 7, 2020

Of your list of grievances, the only one that seems to be a possible infringement of your rights was the denial of your right to argue on your own behalf. That is a procedural due process right IN GENERAL for pro se litigants in hearings, with some exceptions. Relief for a trial court... Read more »

1 Answer | Asked in Employment Law for Florida on
Q: I just want to know if I feel that my employer was negligent on keeping us safe from covid-19??

I express to my employer that I did not feel safe when I went back to work due to covid-19 but I have to work so I had no choice but to go back when I get there I noticed that people are rarely wearing their masks there barely practicing social distancing the supervisors and employees that I... Read more »

Charles M.  Baron
Charles M. Baron answered on Jun 6, 2020

Not sure if you are asking about employment rights or ability to bring a claim for money damages, or both.

Either way, your employer must follow all government-mandated Covid-19 restrictions. So step one is see exactly what mandated restrictions apply to your type of work. If you...
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