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Questions Answered by Charles M. Baron
2 Answers | Asked in Animal / Dog Law, Civil Litigation and Civil Rights for Florida on
Q: Should I get a lawyer & is my case strong? can I sue for my time being wasted in court when I don’t have time for this?

I make the payments for the dog everything is in my name. Took it to grooming etc. The dog was a gift to my family, ex thinks it was a gift to her as well because she would take it on weekends & do things with him, buying him toys & grooming as well, voluntarily when we were together. when we broke... Read more »

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

You didn't say whether your ex was married to you or not, but I assume you were not married because if you were, this would be an issue in dissolution of marriage proceedings in the family court. I assume you mean she filed suit in small claims court. Answer to question, "Should I get a lawyer?":... Read more »

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2 Answers | Asked in Civil Rights for Florida on
Q: can you appeal Bench trial decision

I got my question from reading the article

https://www.tampabay.com/arts-entertainment/fun/theme-parks/2020/02/21/trial-over-disability-access-at-disney-world-ends-with-delayed-decision/

can you appeal a bench trial verdict

Charles M.  Baron
Charles M. Baron answered on Feb 21, 2020

Of course, that's the reason appellate courts exist. To be appealable, the trial court judgment or order must be a final order, except for certain types of non-final orders, as specified in the rules of appellate procedure.

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2 Answers | Asked in Contracts and Construction Law for Florida on
Q: I contracted with a Florida licensed roofing contractor. Is he allowed to sub my job to another roofer?

My contract is with 'abc roofing'.

'xyz roofing' pulled the permit with a different business name and contractor.

Is this legal?

Charles M.  Baron
Charles M. Baron answered on Feb 21, 2020

Whether a contractor, in any business, can sub-contract out work without first conferring with the customer depends on the language of your contract. However, it's not necessarily the case that "xyz" is a sub-contractor of "abc". In the construction/renovation industry, it's common that the "abc"... Read more »

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2 Answers | Asked in Civil Litigation, Contracts, Civil Rights and Small Claims for Florida on
Q: Is sending late notice of payments owed on a notarized written agreement over a home via email counted as harassment?

Wife & I rented a home with a friend during the beginning of her divorce paying all initial costs, etc. After a short time, it was clear it would not work. After multiple attempts to discuss options, the only option she would agree to was her keeping the home. This meant having us replaced on the... Read more »

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

She can report anything she feels like, but I suppose you're asking if you are at some kind of legal risk if she does. It's unclear from your description if you're talking about just one solitary email asking for payment that triggered her reaction, but if just the one, there should be no legal... Read more »

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2 Answers | Asked in Consumer Law and Personal Injury for Florida on
Q: A porch torch burned my friend dress as she walked by it and caught fire is there a case. 3rd degree burns?

Small porch torch bought at Walmart

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

Much more detail would be needed to determine if there is potential liability. Your friend should consult a personal injury attorney in her geographic area. It should be easy to find one offering a free consultation.

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1 Answer | Asked in Civil Litigation for Florida on
Q: FAILURE TO APPEAR

i was served notice to appear for a civil suit (credit card debt). I immediately called the creditor and paid the debt. I then received a dismissal letter. The pretrial date was 2/12 but on 2/11 there is a court document for voluntary dismissal with prejudice from the plaintiff. Since it was... Read more »

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

You are correct that you don't have to appear after dismissal. To have peace of mind, however, you can check the on-line court docket and see all filed court orders. Google: court clerk records search [insert your county]. Then look for civil court records. Then find the search field where you... Read more »

3 Answers | Asked in Car Accidents for Florida on
Q: I was in a fender bender last June and my ins did not take effect until next day. The accident was my fault and the othe

The other partys ins co keeps calling me to recover their payout. I live on SS retirement and own a mobile home. I explained my income just covers necessities and I can't pay them anything. What can they do

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

Probably the reason they keep calling you is that they figure it will be a waste of time and money to sue you. They can sue you within 4 years of the date they had to make the payout to their insured, resulting in a money judgment against you - but S.S. income and the dwelling you live in are... Read more »

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2 Answers | Asked in Consumer Law and Collections for Florida on
Q: What do I do when the plaintiff does not respond?

A debt buyer is suing me in county court. My lawyer has tried to reach out to the debt buyer’s attorney, however there has been no response. This has been ongoing since the middle of November. What are my options? Thank you.

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

Why are you searching on-line for your options when you are currently represented? Are you unsure about your attorney's advice? - or has your attorney failed to advise you?

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1 Answer | Asked in Business Law and Civil Litigation for Florida on
Q: Bride Signs contract yet revokes CC charges on custom order gown

I feel like no matter the Signed contract agreement stating no refunds, non refundable, no exchanges... the CC companies always follow suit with the client and we loose thousands of dollars when they don't get their way or don't like the rules. Despite agreeing to them and signing the wedding gown... Read more »

Charles M.  Baron
Charles M. Baron answered on Feb 1, 2020

You might wish to add to your contract, if you don't have it already, an attorney's fees clause that states in the event you must take collection action and incur attorney's fees, the debtor is liable for those fees. You should have an attorney draft it. You might also wish to have a big sign in... Read more »

1 Answer | Asked in Civil Litigation for Florida on
Q: Pharmacist told me today that I need to buy Narcan by next month or will she will not fill prescription which she has

Today my pharmacist tells me that because of two medications that I'm taking I do take a narcotic pain medication as I've had 4 back surgeries three of which have been in the last 2 years anyways she tells me that I have to buy Narcan by next month or she will not fill my prescription even though... Read more »

Charles M.  Baron
Charles M. Baron answered on Jan 31, 2020

Unless the pharmacist is a wacko, she's likely making that statement due to something she sees on her computer system for your medical instructions. It's doubtful that she would be risking her license by lying to you. Have you tried another pharmacy? If a second pharmacy says the same thing,... Read more »

1 Answer | Asked in Civil Rights for Florida on
Q: I am a 22 year old man i live with my girlfirend and her mom but me and my girlfriend have sepreat rooms.

Is this illegal we are not engaging in sexual activity either.

Charles M.  Baron
Charles M. Baron answered on Jan 28, 2020

This is a curious question - has anyone claimed it's illegal? If your girlfriend is at least 18, you could even share a bedroom. A legal exception to you living with them, whether in same room with girlfriend or not, is if you live in a complex that has a rule against unrelated individuals... Read more »

2 Answers | Asked in Personal Injury and Health Care Law for Florida on
Q: my case started june 11, 2018, i was dismissed on june 23, 2018 for something i dont really know. i have the disc/

i had an extreme slip and fall at the bflo airport; had every single page of whats needed by SIMON AND SIMON; because i live in florida; they kept me hanging for 11 months and i thought we were ready to finish; my gosh the poking and prodding and testing, mris, physical therapy which made things... Read more »

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

You are writing from Fla., and therefore being seen by Fla. attorney looking out for Fla. cases. However, since the accident happened in New York, you need a New York firm to handle it. Is that where Simon & Simon is? If not located there, the firm you signed up with would have had to co-counsel... Read more »

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2 Answers | Asked in Civil Rights and Constitutional Law for Florida on
Q: Florida statute 790.053. Is daytime camping (hiking) covered under the open carry exception

I have been combing through the definitions (790.001) and have not found anything that defines camping as hiking with an overnight stay. I have tried looking into the other state laws for definitions and hints for the better part of a week now (like TITLE XVIII PUBLIC LANDS AND PROPERTY) and have... Read more »

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

When a term is not defined in a statute, courts and administrative agencies use the ordinary dictionary definition. No, hiking is hiking and camping is camping. Also, read in context, the likely legislative intent of the camping exception is to allow camping hunters to have their long guns out... Read more »

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1 Answer | Asked in Civil Litigation and Legal Malpractice for Florida on
Q: How long can a fired attorney in FL withhold a settlement?

If multiple insurance companies are being sued and 1 settles, and the settlement check put in escrow by attorney. Client then fires attorney and hires new attorney who takes over case. Can the fired attorney continue to withhold the settlement and for how long... or does fired attorney have to... Read more »

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

There may be circumstances in which the attorney can hold the settlement funds in his/her trust account, pending global settlement of the case, but if he/she does, he/she must fully communicate with you the reasons for doing so, and might also need to file a motion in court to determine what to do... Read more »

2 Answers | Asked in Civil Litigation for Florida on
Q: Can treble damages exceed the small claims limit in Small Claims Court in Florida? Suing a telemarketer under the TCPA.
Charles M.  Baron
Charles M. Baron answered on Jan 20, 2020

No. Court costs and awardable attorney's fees, if any, can be above the small claims cap, but not the damage award. Of course, you can waive damages above the cap (which is $8,000), and thus get into small claims court that way.

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1 Answer | Asked in Contracts and Products Liability for Florida on
Q: Can I sue to get my money back and give back the car?

I purchased a vehicle from a used car dealer, I asked prior to the purchase if there were any mechanical issues that needed to be addressed sooner rather than later, I was told no the car is perfect. I’ve fixed everything that needed to be repaired. I paid the $3,000 and I drove the car off the... Read more »

Charles M.  Baron
Charles M. Baron answered on Jan 13, 2020

You need to consult an attorney handling consumer protection matters in person, in order to show the purchase agreement and go through the whole story. One issue is whether you signed an "AS IS" contract (an unwise thing to do). If you did, that would present an obstacle to recovery, though in... Read more »

2 Answers | Asked in Car Accidents for Florida on
Q: If I get hit in an accident and I have a claim. I get an estimate and the insurance that hit me agrees to pay but

before I get paid I get in another accident and my car gets totaled do I still get the previous check

Charles M.  Baron
Charles M. Baron answered on Jan 13, 2020

Once a claim is settled and the claimant signs and submits the release, there should be no reason the insurer would wish to renege.

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2 Answers | Asked in Criminal Law for Florida on
Q: a clothing store is accusing my niece of stealing some items what can she do?

She used a reusable bag to put some items since she is environmentally conscious. She was not done shopping yet , when a tall man approached her and said that she left the store without paying. My niece says she thinks she was still inside the store, they took her to a room took her purse and... Read more »

Charles M.  Baron
Charles M. Baron answered on Jan 13, 2020

You niece definitely needs a lawyer, at least to consult, if not for full representation. She may or may not be eligible for a free attorney with the Public Defender's Office; she can contact that office for info on that. Yes, she is at risk of losing her work permit, and in any event, can fired... Read more »

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2 Answers | Asked in Civil Rights for Florida on
Q: Can the police and hotel security tell you to open your hotel door now and if you dont they arest you when you do leav

My room was dirty the security didn't like how I was talking to the management. called the police I went back to my room management came and apologized and left peacefully I THANKED THEM. 1 hr later later a leo was at my door saying he wanted to investigate a disturbance. I told him problem was... Read more »

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

If you were charged with trespass, it likely means somebody working for the hotel told the police that you were refusing their request to leave. Perhaps there was a misunderstanding/miscommunication between you and the hotel or between two different staff members, or another scenario is that... Read more »

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2 Answers | Asked in Car Accidents, Personal Injury and Wrongful Death for Florida on
Q: Can my civil lawyer sue family members of the person who caused my daughters death? Like tale their assets.

No insurance on either vehicle , multiple people involved (driver of car no license and under the influence driving another person's car no insurance. ) (driver of motorcycle my daughter was a passenger on driving a friends motorcycle no insurance or endorsement for either driver)and owner of bike... Read more »

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

Why are you asking this question if you currently have a lawyer? Are you doubting something that your lawyer told you, and if so, why? If a family member of a driver owned the vehicle being negligently driven, that family member could be held liable. If found liable with a money judgment... Read more »

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