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Questions Answered by Charles M. Baron
1 Answer | Asked in Landlord - Tenant for Florida on
Q: What can I do about people living and working on my property without my permission?
Charles M.  Baron
Charles M. Baron
answered on Nov 12, 2024

A court action against non-tenants being possessing property without consent is called an unlawful detainer action, or in some scenarios, an ejectment action (or both). So search for lawyers in your area who handle those types of claims. Some landlord-tenant lawyers will also handle those types... View More

1 Answer | Asked in Personal Injury for Florida on
Q: slip and fall from street to sidewalk

I was walking up the street and through a crosswalk when I noticed wet sludge cement and mud. So in an effort to avoid this I walked around it in the street and when I went to step up on sidewalk I slipped on more sludge that was streaming aside the curb and I fell on knee. I cut it which later... View More

Charles M.  Baron
Charles M. Baron
answered on Nov 11, 2024

I recommend that you pick up the phone to seek a free consultation with a lawyer. The potential case being against a local government, some personal injury lawyers will handle that, some won't, as such a claim is often more of a hassle than one against an insured private entity, and it... View More

1 Answer | Asked in Civil Litigation for Florida on
Q: Where do I find the form for filing a motion for new trial in Martin county Florida

I need to file a motion for a new trial based on the based on the fact that the plaintiff attorney went off the rails and closing arguments and called me a con man

Charles M.  Baron
Charles M. Baron
answered on Nov 8, 2024

The Court is unlikely to have a template form for that - but to be certain, ask the Clerk's Office and/or search for all online forms provided by the Clerk of Courts for the 19th Judicial Circuit of Florida. I'd be surprised if they have a motion for new trial form. Your best bet is to... View More

1 Answer | Asked in Car Accidents and Civil Litigation for Florida on
Q: Can employer be liable for damages to a parked employee's car in the parking lot caused by their abuse shelter resident?

Daughter works for an abuse shelter. Her car was backed into and damaged while parked in company parking lot as she was working on the clock. An abuse shelter resident reported hitting the car. Shelter resident says they just recently got driver license back, but has no auto insurance. Suggested... View More

Charles M.  Baron
Charles M. Baron
answered on Nov 4, 2024

In that scenario, the company running the shelter would not be liable for the vehicle damage unless it was somehow foreseeable to the company staff that allowing the resident to drive in the parking lot would create a risk of damage - for example, if the resident had a bad traffic record that... View More

2 Answers | Asked in Contracts, Insurance Bad Faith and Insurance Defense for Florida on
Q: Is a plaintiff required to respond to defendant's opposition to an amended complaint?

provide rule governing response to amended pleading

Charles M.  Baron
Charles M. Baron
answered on Oct 25, 2024

It depends on (A) what you mean by "opposition" to an amended complaint (motion to dismiss?, answer and affirmative defenses?), and (B) which court you're in (State or Federal, and if in State, which level (small claim or a level above small claim?). I therefore suggest you post a... View More

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1 Answer | Asked in Personal Injury for Florida on
Q: a mother sued for neglience on baby death/ father did not know there was neglience. what can he do to be added to suit

Father just found out his son died due to neglience of hospital in 2009. mother started a suit in 2019. she just contacted him and told him about the suit and actually showed the death certificate. he was unaware of suit and the hospitall neglience. what should he do? she did not included him in... View More

Charles M.  Baron
Charles M. Baron
answered on Oct 24, 2024

You appear to be sending this question in on behalf of the father, as friend or relative to the father. If that's the case, tell the father to pick up the phone and call a lawyer. He should've been notified of the suit at the time it was being pursued, which apparently was a long time... View More

3 Answers | Asked in Criminal Law and Civil Rights for Florida on
Q: Someone working at a dollar general grabbed my throat and I shoved him away is there anything I can do?
Charles M.  Baron
Charles M. Baron
answered on Oct 22, 2024

If someone grabbed your throat, and it was not for self-defense purposes, you are a crime victim, so you may contact the police in the jurisdiction for the store. They should then investigate to determine if the aggressor should be charged with battery. I am assuming from your description that... View More

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1 Answer | Asked in Insurance Bad Faith and Civil Litigation for Florida on
Q: I pay for insurance monthly it is a limited liability waiver included in my lease. Now that I need help with damages

Due to the hurricane The landlord is saying it doesn’t cover anything

Charles M.  Baron
Charles M. Baron
answered on Oct 14, 2024

Regardless of insurance coverage or lack thereof, the landlord is responsible for storm damage to the premises itself (but not the contents) - unless your lease states otherwise. For damage to contents, the insurance policy should state clearly in black and white what's covered and... View More

2 Answers | Asked in Civil Rights, Constitutional Law and Personal Injury for Florida on
Q: Can my friend sue for negligence after a detox facility and police mishandled his Baker Act?

I helped my friend check into a detox and mental health facility one afternoon. The next morning, when I called to check on him, they had no idea where he was. I later learned from a corrections officer friend of mine that my friend was in jail for petty theft… stealing water and a sandwich,... View More

Charles M.  Baron
Charles M. Baron
answered on Oct 13, 2024

You are obviously a very good friend to that person - but your friend must be the one who seeks legal advice. You may assist your friend by looking for a lawyer for him to consult with, and your friend can include you in the communications with a lawyer if he wishes, but it would not be lawful for... View More

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3 Answers | Asked in Consumer Law, Contracts, Civil Litigation and Civil Rights for Florida on
Q: Does the fact that I couldn’t afford therapy strengthen my emotional distress claim?

I plan to visit the dealership again to secretly record conversations regarding the $3,000 down payment, terms of financing, and other details for my case.

As Florida is a two-party consent state, I am concerned about whether it is legal to record these conversations inside the... View More

Charles M.  Baron
Charles M. Baron
answered on Oct 8, 2024

You first posed a question about the affect of not affording therapy on an emotional distress claim, and you then stated a concern about recording a conversation, which I take to mean a question asking if you can record in the setting you described without asking permission. You did not connect... View More

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1 Answer | Asked in Car Accidents and Municipal Law for Florida on
Q: Is it legal in Florida to straight pipe a motorcycle?

In a previous accident, I was told by the driver that caused the accident that the reason she pulled out was because she couldn’t hear me and it looked like I was farther away. My new motorcycle is decently quiet for it size, so I wanna make sure that people hear me so that they can be aware of... View More

Charles M.  Baron
Charles M. Baron
answered on Oct 4, 2024

Sorry to hear about your accident I'm not familiar with straight piping, but for guidance, see Fla. Statutes Section 316.293, which you can find online. Subsection (5) thereof states:

(5) NOISE ABATEMENT EQUIPMENT MODIFICATIONS.—

(a) No person shall modify the exhaust...
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1 Answer | Asked in Criminal Law, Gov & Administrative Law and Legal Malpractice for Florida on
Q: My Public Defender LIED about what 'adjudicated' meant to get me to plea guilty. Is there a Statute of limitations?

REVISED. 25 yrs ago I was arrested with a serious charge. My PD was Mad because I wouldn't plea. I Firmly stated I was innocent and only plea, NOT guilty! The Judge's counsel, however, was, 'one never knows how a jury will vote, so if the outcomes bad [jail] perhaps a plea is... View More

Charles M.  Baron
Charles M. Baron
answered on Oct 3, 2024

I'm wondering if you actually had an adjudication of guilt or instead a withhold of adjudication. Both phrases have the word "adjudication" in them, but are completely different. An adjudication of guilt equals a conviction. A withhold of adjudication (often referred to simply as... View More

1 Answer | Asked in Personal Injury and Workers' Compensation for Florida on
Q: I work at a company for 13 years after 7 years of working for this company and developed white lung

I worked in their warehouse bakery I was fired after 13 years because of a drug addiction that I had so the guilt in me did not try to collect compensation I know the statue of limitations is probably up it's been since 2001 but I'm still having respiratory issues is there anything I can... View More

Charles M.  Baron
Charles M. Baron
answered on Oct 3, 2024

You are right that the applicable limitations period is PROBABLY expired, but reliable legal advice on whether any particular issue/dispute definitely is or is not still within the applicable limitations period is something that must be asked for by picking up the phone and speaking directly to a... View More

2 Answers | Asked in Civil Rights for Florida on
Q: Can some one video record me and my children coming into our apartment while we are conversating in the state of Florida

The neighbors who couldn't be seen yet his phone could be was recording us while we were talking after school coming into our apartment.

Charles M.  Baron
Charles M. Baron
answered on Sep 20, 2024

It depends on how public or private the setting is. Audio recording a conversation in a place where there's an expectation of privacy is a crime in Florida. That is something that should be reported to the police. Video (without sound) may or may not be lawful depending on the... View More

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1 Answer | Asked in Consumer Law and Collections for Florida on
Q: Do I have to respond to an unsigned Complaint? And all exhibits against me are not signed?

The Complaint has a typed name but no signature. The exhibits all have my name added to the top of the page but are not related to me in any other way.

Charles M.  Baron
Charles M. Baron
answered on Sep 20, 2024

If you received a SUMMONS with the court complaint, you must comply with the instructions in the summons, which notifies the named defendant that failure to file a response may result in the defendant's money, wages, or property being taken without further notification. Any defenses or... View More

1 Answer | Asked in Business Law, Civil Litigation and Employment Law for Florida on
Q: I was held at knifepoint at my last job. Is there anything I can do to be compensated for me having to leave my job?

I had to leave because the guy who held me at knifepoint was the favorite employee and kept his job. I did file a complaint to HR which they finally fired him after I left, however in between that time I was continually scheduled with my attacker and forced to work with him. For about a week I was... View More

Charles M.  Baron
Charles M. Baron
answered on Sep 9, 2024

Though you resigned, it might be considered to be a "constructive discharge" due to you having no choice but to leave. If you are eligible for reemployment assistance (unemployment comp) based on how long you worked there, see if you can apply for such assistance based on constructive... View More

1 Answer | Asked in Municipal Law for Florida on
Q: My neighbor moves his truck to block our landscape company from being able to enter the back & side yard.

When my neighbor moves his truck to his side of the front yard, the landscaping company is not able to use the correct equipment and get the work done in an efficient timeframe because they have to weed eat the side and back yard instead of their zero turn lawn mower? Do I have any rights here? He... View More

Charles M.  Baron
Charles M. Baron
answered on Sep 8, 2024

Generally, as long as the neighbor's placement of something on his property is not intruding onto your property or disturbing the peaceful enjoyment of your property, there's no potential legal action. HOWEVER, does your local jurisdiction (county or city) allow placement of a truck in... View More

1 Answer | Asked in Contracts, Collections and Landlord - Tenant for Florida on
Q: Eviction was dismissed and a $9000+ check was issued to landlord's attorney. They are still reporting that I owe them.

A wrongful eviction was filed against me in February of 2023. I continued to pay rent to the court and the case was not officially dismissed until recently in July 2024 (due to the attorney being unresponsive). The ORDER OF RESOLUTION, RELEASE OF FUNDS AND DISMISSAL was submitted 07/30/2024, and a... View More

Charles M.  Baron
Charles M. Baron
answered on Sep 8, 2024

The first step is to contact the landlord or landlord's counsel to ask the reasons that additional amount is being demanded, with a full explanation/itemization in writing. Either there's something that makes sense, or there isn't. If it doesn't make sense, or there's no... View More

2 Answers | Asked in Civil Rights for Florida on
Q: My mom made a callout post on instagram with a picture of me attached. I don’t want her using pictures of me for this.

I’m 18 and I don’t know how to go along with handling this. She constantly threatens to kick me out for shutting down her mistakes when she involves me. I just want advice of how I’d deal with this so I can rest easy knowing I won’t be in danger because of her actions online.

Charles M.  Baron
Charles M. Baron
answered on Aug 28, 2024

If you were not in a public place when your photo was taken, it's unlawful for someone to publicly post your image without your consent, and action may be taken to put a stop to it. However, regarding your mom's threat to remove you, an adult, from her home, she has the legal right to... View More

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2 Answers | Asked in Personal Injury and Landlord - Tenant for Florida on
Q: I slipped and fell in my apartment from a faulty wall leak I complained about the leakage in my apartment over 6 times

On august 20th maintenance came out and assured me the leak was fixed on aug 21 I fell on my back I went to the hospital they told me I have a contusion on my tailbone nothing showed on the X-ray what kind of settlement would I be looking at

Charles M.  Baron
Charles M. Baron
answered on Sep 20, 2024

Sorry to hear about your ordeal. Settlement value of a potential case depends on numerous factors, including the strength of the liability position and the nature and extent of the injuries and necessary medical treatment. Often, the appropriate amount to demand cannot be determined until the... View More

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