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Questions Answered by Charles M. Baron
2 Answers | Asked in Civil Litigation for Florida on
Q: Hello does a hurricane impact the time given to answer a summons? Courts have been closed since the 15th.

My due date is the 20th, courts are not open until the 21st, but my house flooded, I lost all power and electricity so I evacuated to Alabama. Am I required to still e-file on the 20th or will they give an extension to due the circumstances?

Charles M.  Baron
Charles M. Baron answered on Sep 18, 2020

You must find out if the Court in your area issued an administrative order extending all deadlines due to the disaster. Lawyers in your area should know. If you can't find that out, or if the Court did not issue such an order, you must meet the deadline, but amongst your options for meeting... Read more »

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3 Answers | Asked in Car Accidents for Florida on
Q: I was hit by another car and come to find out my ins was canceled and I didn’t know it what happens now?

I wasn’t in pain when it happened but I am now do I still get checked out even though I have no insurance and live in a no fault state?? Or how does it work?

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

Immediately call a personal injury attorney in your area. First thing to check is the validity of your insurance cancellation, as your insurance has PIP coverage. The next thing is to determine the insurance carried by the other driver, if he/she was at fault.

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1 Answer | Asked in Election Law, Gov & Administrative Law and Municipal Law for Florida on
Q: How can I place an item to be voted on in a city?

I would like to change the laws of the municipality by placing it on the ballot for the upcoming elections.

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

You must find out whether your city has a process for petitioning to place a referendum on the ballot (also called initiative petition), and if so, what the petition requirements are (method, number of signatures needed, time restrictions, etc.). I would start out by calling the City Clerk's... Read more »

2 Answers | Asked in Contracts for Florida on
Q: Having my right shoulder replaced. This is my signature hand, any documents I sign with my left hand will not match
Charles M.  Baron
Charles M. Baron answered on Sep 12, 2020

You seem to be wondering what to do if entities, like banks and the elections dept., do not recognize your new signature. Notify them that you have a new signature! Call and explain the situation, and ask the method of providing the new signature.

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1 Answer | Asked in Land Use & Zoning for Florida on
Q: What does R30 means in North Carolina for land

Wanted to build a home and I just wanted to know what all that means R30 zoning

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

Since you are writing from Fla., it is unlikely that a NC attorney will see your post, but even if an NC attorney would see it, he/she would be unlikely to know, off the top of his/her head, what that zoning category means because such zoning code numbers are unique to each local jurisdiction. You... Read more »

2 Answers | Asked in Criminal Law and Civil Rights for Florida on
Q: If a person is living at a home that belongs to them but place isn't in their name, can they say no to a search warrant
Charles M.  Baron
Charles M. Baron answered on Sep 9, 2020

"Belongs to them but isn't in their name" makes no legal sense. As far as the law is concerned, the property "belongs" to the person who has record title to the property. In any event, the issue for a search warrant is whether the description of the property to be... Read more »

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1 Answer | Asked in Contracts for Florida on
Q: As internet is not a required service, like power, sewer, & water can I shut off internet if resident doesn't pay rent?
Charles M.  Baron
Charles M. Baron answered on Sep 9, 2020

There are a couple issues here. One is whether internet is a "utility service" under Fla. Statute Section 83.67(1) ("A landlord of any dwelling unit governed by this part shall not cause, directly or indirectly, the termination or interruption of any utility service furnished the... Read more »

1 Answer | Asked in Civil Litigation and Collections for Florida on
Q: judgment collection a small claim court.

I won a judgment in a small claim court. However, the defendant refuses to pay. What I can do? The defendant has a real estate property, but she put an enhanced life estate deed after she was notified of my intentions to sue her.

Should a file a Notice of Lis pendens with the Clerk of the... Read more »

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

Read the Florida Small Claims Rules, which are on-line. There are rules and associated forms for demanding the judgment debtor to disclose her assets, including bank account data, so that you can then attempt to garnish her account. Many such debtors will not comply with the disclosure demand, in... Read more »

1 Answer | Asked in Civil Rights for Florida on
Q: I need to find a lawyer on behalf of my son who is in prison being abuse and it's being covered up

Can I file a law suit on my son behalf

Charles M.  Baron
Charles M. Baron answered on Sep 8, 2020

Contact either the Florida Justice Institute - see https://www.floridajusticeinstitute.org (based in Miami)

or the Human Rights Defense Center - see https://www.humanrightsdefensecenter.org (based in Lake Worth).

Also, if your son is a mentally competent adult, you may not file...
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3 Answers | Asked in Personal Injury and Medical Malpractice for Florida on
Q: When suing a surgeon for medical battery, do I name him or name of his practice as the dependent of the case?
Charles M.  Baron
Charles M. Baron answered on Sep 8, 2020

I assume you mean "defendant", not dependent. There is no cause of action (ground for lawsuit) called "medical battery". If you were the victim of a battery (an intentional act), you would sue for battery - and you may or may not have a separate cause of action for negligence... Read more »

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1 Answer | Asked in Criminal Law for Florida on
Q: I was in a one sided highschool fight i did not strike back instead i was struck 3 times can i press charges?
Charles M.  Baron
Charles M. Baron answered on Sep 3, 2020

There is no such thing as a "one-sided fight". Either there was a fight, or there was one person striking another, period. Those concepts do not overlap. Assuming you do NOT mean there was a fight, but instead meaning a person was unlawfully striking you (striking for no legitimate... Read more »

1 Answer | Asked in Civil Rights for Florida on
Q: My options for an unlawfull traffic stop.

Was stopped for dark tint which is only a secondary offence in FL. So im unlawfully stopped, then the officer demanded i roll my back window down so he could visually look inside the vehicle. He didnt have a warrant or cause to visually search. I feel this was harrasement and my rights were... Read more »

Charles M.  Baron
Charles M. Baron answered on Sep 3, 2020

Since I haven't ever gotten this question before, I was curious about it and looked up the Fla. Statutes on car window tinting, Sections 361.2951 to 361.2956. There is nothing there indicating that unlawful tinting is a secondary offense (meaning an offense that can be ticketed only upon a... Read more »

1 Answer | Asked in Civil Litigation for Florida on
Q: I require an attorney who can get a deposition canceled permanently.
Charles M.  Baron
Charles M. Baron answered on Aug 30, 2020

To protect yourself from being deposed, you (or your attorney) would need to file a motion for protective order and set the motion for hearing. However, under most circumstances, there is no legal basis on which the Court may grant a motion to have no deposition at any time. You didn't... Read more »

2 Answers | Asked in Contracts for Florida on
Q: My wife and I need to hire an attorney. Must we sign 2 separate contracts with the attorney?

This is about the roof of our house. We need an attorney to represent us. The attorney says that my wife and I must sign separate contacts with him, even though we have both signed the same limited power of attorney for him to represent us (which we have not yet given to him). We would prefer to... Read more »

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

Either it's clear, in black and white, what the total fees and costs are, or it's not. If it's not, and the attorney refuses to make it clear in writing, go somewhere else. While it's unusual for a married couple sign separate contracts in your situation, it is allowable.... Read more »

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3 Answers | Asked in Contracts for Florida on
Q: if a home appraises too low and the bank refuses to finance, and there is a financing contingency, does buyer get es

Seller is a realtor holding escrow hostage in an attempt to get us to be her client after refusing to negotiate sales price after low appraisal ($20,000 too low). First said she would return the money, now claims we are not entitled to it.

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

Your contract rights regarding the escrow money are likely spelled out in the contract. If you don't understand the contract language, consult an attorney.

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1 Answer | Asked in Civil Rights and Education Law for Florida on
Q: Legality of This

I’m a high school student in Florida. My teachers are saying that theyre going to require webcams and record us because of online learning. As someone who values their privacy, this is very concerning to me. Is this legal?

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

While it's generally not legal in Fla. to audio-record someone without their consent, I imagine that the school has made your consent (or your parents' consent on your behalf) a condition of attending the school.

1 Answer | Asked in Civil Litigation for Florida on
Q: hello im looking for a pro bono lawyer to represent me on a law suit filed against me

none

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

Contact the local office of Legal Services or Legal Aid. Whether they can assist will depend on the nature of the case.

1 Answer | Asked in Contracts and Construction Law for Florida on
Q: My pool contractor keeps telling me he will not finish the coping until 2 months later and the pool has not been touched

It’s been 6 weeks with nothing done and their excuse is we have other pools we are working on, is that a claim they can say to not work on my pool legally

My other question is when does the time start for my pool to be completed if we signed a contract on April 1 let and made deposit, the... Read more »

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

The pool contractor's deadline is solely based on the contract language, and if there is no language about that, then based on a "reasonable" time to complete the job. Your issue is common with pool contractors, as well as other types of home construction contractors. You should... Read more »

2 Answers | Asked in Consumer Law, Civil Litigation and Civil Rights for Florida on
Q: My wife suffers from TBI. She suffers from a lack of impulse control. She has been spending money like crazy.

She took a loan out from a high interest loan company. She refuses to give me any details. The loan payback is now up to &10,000. She also put her car up as collateral. They have taken advantage of her disability. We live in Florida. What are the ADA laws against this?

Charles M.  Baron
Charles M. Baron answered on Aug 11, 2020

Sorry to hear about your ordeal. The ADA covers discrimination based on disability and failure to provide reasonable accommodation for a disability, so is likely inapplicable. One issue you need to look at is mental competence to enter into a contract. A contract may be invalidated if a party... Read more »

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2 Answers | Asked in Consumer Law and Contracts for Florida on
Q: Hello I need help confirming a business name that I’ve “registered” and someone is possibly challenging this name

I’ve researched and seems the format I am using wasn’t registered previously “as I have listed” and have processed the necessary paperwork to register at the state level and per fictitious name guidelines as well what can I do if they persist?

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

Your inquiry is a bit vague as to whether your corporate name and/or fictitious name are registered with the Fla. Division of Corporations exactly as you intended. That is - does the name appearing on Sunbiz.org match the name you are using? Only names that are registered are protected - that... Read more »

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