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Questions Answered by Charles M. Baron
2 Answers | Asked in Civil Rights for Florida on
Q: Legal repercussions of certain actions. Is it legal?

A friend of mine recently rented a car from Hertz Car Rental company through the Uber Driver app so that he could do trips and earn money. Until after my friend signed the rental contract, Hertz didn’t tell him that he and his passengers were going to be recorded by video and audio from inside... View More

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

This is simply a matter of basic contract principles. Your friend apparently agreed to the invasion of privacy by signing without reading it first. It is legally assumed that a contracting party has read and understood what he/she has signed. I often get calls from people who say, "But I... View More

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2 Answers | Asked in Legal Malpractice and Personal Injury for Florida on
Q: Can I sue for legal malpractice if my attorney accepts an offer without my consent and/or negligence?
Charles M.  Baron
Charles M. Baron
answered on Apr 1, 2024

If your attorney accepts a settlement offer without your consent, your first move should be to determine if the settlement can be revoked, either with the opposing party's consent or instead via a motion to the Court. First speak to your attorney who's been representing you in the case... View More

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2 Answers | Asked in Criminal Law, Civil Litigation, Civil Rights and Constitutional Law for Florida on
Q: Am I allowed to use Official Police body cam on social media if I'm reporting misconduct of the police in Florida?

I'm wanting to put together a body cam video of clips from several different police body cam videos in Florida from numerous police encounters with an individual and put it on social media since they are continually harassing this individual. Am I legally able to do so if I have all these... View More

Charles M.  Baron
Charles M. Baron
answered on Apr 1, 2024

The answer depends on whether the footage is officially public record at this time, as well as on what you mean by "reporting misconduct". Generally, any official public records may be shared on social media. However, if you were to edit/compile the footage in a way that is not exactly... View More

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2 Answers | Asked in Criminal Law and Constitutional Law for Florida on
Q: Can a judge work on my case if he already knows who I am thru my finance other case?

Recently I was arrested with my fiancé. My fiancé had an open case with a judge. Now the same judge is in the same case I just caught recently with my fiancé.

Charles M.  Baron
Charles M. Baron
answered on Mar 29, 2024

Yes. If the judge were to make statements indicating bias against you, or if he has a conflict of interest, you could move to disqualify him, but being assigned to another case with your fiance as defendant is not, in itself, a ground for disqualification. Regardless of your situation, you should... View More

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1 Answer | Asked in Insurance Bad Faith for Florida on
Q: Florida Homeowners claims questions:

House suffered a pipe burst that sat for 24 hours. Home flooded 1” during that time. Back half of the first story is affected.

Are my personal property contents covered?

Does the Florida mold limit of $10,000 include contents as well as structure or are those separate limits that... View More

Charles M.  Baron
Charles M. Baron
answered on Mar 29, 2024

The coverage categories and limits are stated in your insurance policy. Either it's plainly covered or not. Should be clear, and an insurance agent should be able to explain, but if not, schedule a legal consultation. Also, you state that a pipe leakage flood caused damage. If water itself... View More

2 Answers | Asked in Civil Litigation for Florida on
Q: My in-laws paid cash for my vehicle we agreed that I would make monthly payments to them each month till it was paid off

It was a verbal agreement I have receipts showing I paid them an the insurance states that my father in law an I were the owners but they got mad an took it what can I do about this matter

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

You have grounds to take legal action, and you may want to first have an attorney send a demand letter to see if the matter can be resolved without litigation. You may have grounds to seek a court judgment requiring transfer of title to you, and if not that, at least grounds for monetary... View More

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1 Answer | Asked in Gov & Administrative Law for Florida on
Q: How do I interpret a specific statue? What type of attorney would I need to file against a county department?

815.062 Offenses against governmental entities.—

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

You cite Fla. Statute Sec. 815.062, a statute that's pretty clear on its face and criminalizes certain acts committed against governmental entities. It's unclear why you mention that statute in conjunction with suing a county entity, as that statute is only about charging someone with a... View More

2 Answers | Asked in Real Estate Law, Civil Litigation and Probate for Florida on
Q: My sister sold my father’s property without giving me my share of the sale which is half according to his will.

My sister sold my father’s property for $24,500 without informing me. According to my father’s will (of which my sister has a copy) I’m supposed to get half of the sale. Dad’s attorney P.B. Howell Jr. passed away in 2006. Dad passed away in 2017. Since my father’s passing, I have been... View More

Charles M.  Baron
Charles M. Baron
answered on Mar 19, 2024

Your inquiry has a very mysterious set of facts. If a Will gives real property (house, condo, land, etc.) to two individuals to share 50/50, the Will must be probated - that is, a petition to open an estate in the Probate Court must be filed, resulting in a Court Order giving 50/50 ownership,... View More

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2 Answers | Asked in Animal / Dog Law, Personal Injury and Civil Litigation for Florida on
Q: Is it a valid Premise Liability case in Florida if a alleged dog claim attack did not occur on the rented premises?

Pending lawsuit claiming knowledge of propensities, allowing dog to roam at large and knowledge of foreseeable risks. There was no dog attack and no injury to 3rd party alleged in ident off premises. There was no injury and claims full of lies and no evidence. Landlord already dismissed from this... View More

Charles M.  Baron
Charles M. Baron
answered on Mar 19, 2024

You state that this is a "lawsuit claiming knowledge of propensities, allowing dog to roam at large and knowledge of foreseeable risks." If there happens to be evidence to support that claim (including the alleged injury), it may be a valid claim regardless of whether a co-defendant is... View More

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4 Answers | Asked in Personal Injury, Animal / Dog Law and Civil Litigation for Florida on
Q: civil case, filed answer & affirmative defenses. Plaintiff lawyer says I must speak to him before it’s heard is that tru

I have limited English speaking ability. Plaintiffs lawyer knows this and emailed me saying I must have a phone call with him to discuss my affirmative defense outside of court proceedings before the judge will hear my affirmative defenses. I do not see anything online where this is appropriate or... View More

Charles M.  Baron
Charles M. Baron
answered on Mar 19, 2024

I agree with Mr. Kaufman except would add but that for issues in which the Court requires an effort to confer in good faith before attending a hearing, if the opposing attorney were to tell the Judge that he requested to confer with you, and you refused to speak to him, the Judge will probably not... View More

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1 Answer | Asked in Car Accidents for Florida on
Q: Which driver would have been ticketed via a highway median cross-over for failure to yield the right-of-way?

Driver Two crashes into Driver One within a highway median cross-over. Driver One - stopped on the east side of the road before the median cross-over until two Northbound highway lanes and the median cross-over left turn lane (marked) into the median cross-over were clear. Driver One got to the... View More

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

Who would be ticketed is entirely within the discretion of the law enforcement officer(s) after the officer(s) speak to those on scene and review the situation. The officer(s) may or may not get it right - and that's why traffic tickets can be contested in traffic court. That's a... View More

1 Answer | Asked in Personal Injury for Florida on
Q: Can I sue for pain and suffering and discrimination for the following incident: Today my mom fell at Dennys Melbourne FL

Today, March 6, 2024 at 10:40 am in Melbourne Fl. My mom fell at Denny's Restaurant , she tripped over a door mat in front of the door and slid into the other glass door. She was blocking the doorway laying on the ground a nurse in the restaurant help me move her out of the doorway. 911 was... View More

Charles M.  Baron
Charles M. Baron
answered on Mar 6, 2024

You mom definitely has a potential personal injury claim for a significant amount of money damages, including for physical and mental pain and suffering, and should immediately schedule a free consultation with a lawyer. Regarding the discriminatory aspect, the legal issue would be whether there... View More

2 Answers | Asked in Contracts and Landlord - Tenant for Florida on
Q: Can the property manager charge me $500 more to move in when it's not on the welcome letter or outlined in signed lease?

Landlord says I need to pay $3000 to move in, but the deposits, pro-rated rent, first month's rent, community's fees, pet deposits and pet rent do not add up to $3000. Instead, it adds up to $2500. I asked the property and they said I'm forgetting pet fees and the math is right.. but... View More

Charles M.  Baron
Charles M. Baron
answered on Mar 2, 2024

You seem to have answered your question yourself. You are basically asking if the other party to your contract (the overall deal you made) can add a charge that you did not agree to, for no reason. Of course not. I suggest you give the landlord your written itemized figures and ask if you're... View More

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2 Answers | Asked in Business Law and Civil Litigation for Florida on
Q: I left an honest negative review online of a business and when my wife went in the owner threatened her. Is this legal?

I left a 1 star review and the owner was confrontational with my wife over it and told her he didn't want her back. How is this not against the law? I have freedom of speech and what I wrote was the truth.

Charles M.  Baron
Charles M. Baron
answered on Mar 1, 2024

You do have freedom of speech, and if the business is private (not governmental or connected to the government), the business has the right to deny service to anyone it wants to, except that it cannot discriminate on the basis of one of the "protected classes" under the law, such as race,... View More

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2 Answers | Asked in Civil Rights and White Collar Crime for Florida on
Q: My case was dismissed without prejudice due to my lawyer, not responding to a judges request. Can I still reopen?

My lawyer, apparently did not have to credentials to practice where my case was moved. The judge asked for an amended summary, even gave an extension. My lawyer never replied. It was dropped without prejudiced. Finally getting a hold of my lawyer. He simply said he hadn’t had a case there in... View More

Charles M.  Baron
Charles M. Baron
answered on Feb 27, 2024

I agree with Mr. Arrasmith. A dismissal without prejudice is NOT a "permanent" dismissal in the sense of being permanently barred from re-filing your case, unless the statute of limitations period has already expired. Also, in the event your claim would be permanently barred due to... View More

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2 Answers | Asked in Car Accidents and Consumer Law for Florida on
Q: Who pays for damage to a brand new car if it is damaged at the end of a test drive by a customer with no insurance?

I took a friend to a new car dealer so they could look at and test drive new cars. They don't have insurance because they haven't owned a car in a few years. Told the sales person that the most important features were the safety features (blind-spot warning, backup alarm, collision alert,... View More

Charles M.  Baron
Charles M. Baron
answered on Jan 17, 2024

First, you are not legally permitted to provide legal advice to your friend if you're not a licensed attorney. Your friend must directly contact a lawyer if he/she needs advice that he/she can rely on. General educational guidelines for the kind of issue you describe are as follows.... View More

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1 Answer | Asked in Consumer Law and Contracts for Florida on
Q: BANK CANCELS CAR LOAN CONTRACT DUE TO LATE FIRST PAYMENT OF 14 DAYS. IS THIS A REPO AND HOW ?? ARTICULE 9?

NOW....THE DEALER EMAILED ME AND WANTS THE CAR BACK DUE TO BANK REQUESTING BUYBACK TO DEALER AS I DEFAULTED ON THE FIRST PAYMENT.

NOW.....

CAR GOES BACK TO DEALER,

DEALER GIVES WESTLAKE BANK THE MONEY BACK,

CUSTOMER LOSES 3K DOWNPAYMENT.

THE CAR PRICE WAS... View More

Charles M.  Baron
Charles M. Baron
answered on Jan 6, 2024

Did you agree to terms that let them take advantage of you as you describe, or not? Read the contract terms on the remedies granted to them when the buyer is in default, and determine if you agreed to whatever those are. If unclear, or you think they are violating the terms or that you did not... View More

1 Answer | Asked in Civil Litigation for Florida on
Q: Expensive rug in exchange for handyman work

My neighbor wanted an expensive rug I had to give as a gift but she didn't have the $400 I was asking for it, she offered to do work around my home in exchange for it and I agreed. She asked for the rug before the holidays so she could give it to her daughters. Two months later She still... View More

Charles M.  Baron
Charles M. Baron
answered on Jan 5, 2024

Regarding your last question, the amount in dispute (assuming it's either $400 money or $400 worth of work) is too little to make it financially worthwhile to hire a lawyer. You might have a potential claim worth pursuing in small claims court, representing yourself - but it's hard to... View More

1 Answer | Asked in Land Use & Zoning and Real Estate Law for Florida on
Q: Is it legal for a resort to lock us out from using our parking lot

We've had access to are parking lot for over 50 years then a resort came in and put up a gate that we use to enter our parking lot and they put a padlock on it to keep us locked out from accessing it,is that legal

It is the only way into our parking lot is through access off a main... View More

Charles M.  Baron
Charles M. Baron
answered on Jan 1, 2024

Best to schedule a consultation with a attorney handling real estate disputes, as there are a few issues to be examined, such as: Was the former owner's permission formalized into a recorded easement? (An easement is a permitted through-way of someone else's land.) If no recorded... View More

2 Answers | Asked in Civil Litigation, Criminal Law, Personal Injury and Civil Rights for Florida on
Q: My father was arrested in 2020. An officer came to his house to serve a subpoena for an upcoming hearing for myself.

The officer opened a closed gate and enter into my father's property. My father was inside his home in the kitchen which is approximately 12 feet from the front door. The HVAC air handler is located in the kitchen and my father was working on cleaning the unit at the time. The officer claims... View More

Charles M.  Baron
Charles M. Baron
answered on Dec 21, 2023

For your father to determine if he has potential valid claims for false arrest/false imprisonment and/or malicious prosecution, he must schedule a consultation with a civil rights attorney in his area. There is no way to get a reliable answer to this question in any online forum. For a lawyer to... View More

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