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Questions Answered by Charles M. Baron
1 Answer | Asked in Employment Law, Civil Rights and Employment Discrimination for Florida on
Q: I was recently terminated and I am sure it was due to discrimination but was covered up by a probationary termination..
Charles M.  Baron
Charles M. Baron answered on Dec 2, 2020

You did not ask a question, but I assume your question is, "Can I make a claim?". Probationary termination cases are tough, since the employer needs no reason whatsoever to terminate, but at the same time, the your race, sex, age, national origin, etc. cannot legally be the reason for... Read more »

2 Answers | Asked in Personal Injury and Civil Litigation for Florida on
Q: Can an inmate sue for a Corrections Officer's deliberate indifference?

Early in the morning while inmates were asleep, one inmate took a broom and broke it over the face of a sleeping inmate. Then took the broken end of the broom and hit another inmate sleeping in the next bunk across the head. As other inmates close to the area woke up, the offender paced back and... Read more »

Charles M.  Baron
Charles M. Baron answered on Dec 2, 2020

If those facts are provable, YES, those who were injured after the CO was clearly made aware of the situation and refused to take action have potential claims against the department and/or the CO.

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1 Answer | Asked in Civil Rights and Animal / Dog Law for Florida on
Q: I need my fur baby back, please

I was literally forced to give away my Bella, I am disabled and I have had my little girl for 8 years, she became my emotional support dog, I lost a child in 2003 Bella helped me with that loss, she got sick and I took her to an animal hospital, the vet told me she needed an operation that was... Read more »

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

Makes no sense, and sounds like you've been defrauded. Are you saying that giving her to the shelter gets the dog FREE surgery, then the dog belongs to someone else?? - but for you, it would cost $5K?? Also, euthanizing, at most clinics, costs WAY LESS than $500. First, run back to the... Read more »

2 Answers | Asked in Criminal Law, Federal Crimes and Wrongful Death for Florida on
Q: If i plead guilty to sales and being investigated for a death resulting will they charge me if i plead out to the sales

I have been being investigated for a year now for a death resulting. I havent plead guilty to my sales charges from a year ago because im afraid if i do they are going to charge me with the dealth resulting. Im doing so good now and just had a baby and have been sober for a year and did lots of... Read more »

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

Your case is in New Hampshire, but you posted this inquiry to Fla. attorneys, who cannot advise you unless they happen to be a member of the New Hampshire Bar. In any event, this is definitely not an issue that you can get an answer to from any attorney, anywhere, simply by posting an on-line... Read more »

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1 Answer | Asked in Animal / Dog Law and Civil Litigation for Florida on
Q: In florida how long do I have to file a lawsuit against someone who's dog injured my dog on my property?
Charles M.  Baron
Charles M. Baron answered on Nov 22, 2020

The Fla. limitations period for both damage to personal property (dog) and negligence (other than professional malpractice) is four years. This answer is given as guidance only. Any time there is an issue of your claim being potentially barred by the statute of limitations, do not rely solely on... Read more »

1 Answer | Asked in Constitutional Law, Elder Law and Government Contracts for Florida on
Q: Can public housing move me to a handicap apartment and I'm not handicap?
Charles M.  Baron
Charles M. Baron answered on Nov 19, 2020

You have not specified why that would be harmful to you. I would imagine that an apartment for the handicapped would have more benefits than a regular apartment, not less (for example, a larger bathroom and being on the ground floor), but I have no familiarity with it. You also have not specified... Read more »

1 Answer | Asked in Consumer Law, Contracts and Small Claims for Florida on
Q: I live in Aus. A business in Florida accepted a 500$ deposit towards a future purchase, have sought a refund, ignored.

Advice provided.

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

You definitely can file a small claim, and during the pandemic, Fla. courts are doing everything remotely (video or telephonic hearings). However, when the time arrives for them to start up in-person again, you might have a problem. The first stage in small claims, after filing and serving the... Read more »

2 Answers | Asked in Civil Litigation for Florida on
Q: My counsel filed a motion to withdraw. A hearing is being held via Zoom in one week. Can a this hearing be continued?

I need more time to familiarize myself with Zoom and consider retaining new counsel. Thanks

Charles M.  Baron
Charles M. Baron answered on Nov 16, 2020

Until the Court grants the motion to withdraw, your attorney is ethically obligated to represent you, and that includes advising you how to appear at the hearing, so I would start by asking him/her how to get on Zoom. Even without his/her help, the option of CALLING into the Zoom hearing does not... Read more »

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2 Answers | Asked in Contracts for Florida on
Q: Does Limited Power of Attorney form (for the sale of timber) have to have 2 witnesses? I know it has to be Notarized
Charles M.  Baron
Charles M. Baron answered on Nov 16, 2020

In Fla., yes. See Fla. Statutes Section 709.2105.

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2 Answers | Asked in Civil Litigation for Florida on
Q: I recently relocated from Georgia and I received a motion to dismiss hearing request in a State Civil matter in Florida.

I recently relocated from Georgia and I received a motion to dismiss hearing request in a State Civil matter in Florida. I want to respond to the motion, but I am not aware in Florida how many days I have to respond.

The opposing party asks for a date for the hearing, but I want to request... Read more »

Charles M.  Baron
Charles M. Baron answered on Nov 16, 2020

It sounds like the other side is attempting to coordinate a hearing date with you. If you need more time to search for an attorney, the first step is to make a friendly call to the other side's attorney and ask if he/she will agree to set the hearing X days out (such as 30 or 45) because you... Read more »

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1 Answer | Asked in Civil Litigation for Florida on
Q: When a motion to dismiss is submitted how many days does the Plaintiff have to respond? Thank you.
Charles M.  Baron
Charles M. Baron answered on Nov 15, 2020

That depends on whether you are in State or Federal Court. In State (Circuit or County), motions to dismiss are set for hearing, and the plaintiff has the option of filing a response at any time and arguing at the hearing, or instead just argue at the hearing. In Federal, the Local Rules for the... Read more »

1 Answer | Asked in Contracts and Real Estate Law for Florida on
Q: I live adjacent to an apartment complex. During Hurricane Sally, a tree from the apartments slightly fell causing

the roots from that tree to encroach onto property, damaging our chain link fence and yard. I have been trying since September to resolve the issue with the apartment manager, but to no avail. We were told by an arborist that it is not safe to remove the roots of a tree because the tree itself will... Read more »

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

Your insurance company's obligations are spelled out in your policy. The company apparently is relying on policy language to deny the claim. When denying a claim, more often than not, the insurer is correct about the exclusion language, sometimes it's incorrect, and sometimes, the... Read more »

1 Answer | Asked in Real Estate Law, Civil Rights and Landlord - Tenant for Florida on
Q: I'm a bit lost as to if I need to file an eviction or unlawful detainer. The forms seem to be the same.

My situation is that I am trying to remove my brother and his girlfriend from my home. There is no lease. I am not seeking money from them. I just want them gone. I served them a certified notice to quit allowing over the 15 days to evict. That was on the 9th of October. They were suppose to be out... Read more »

Charles M.  Baron
Charles M. Baron answered on Nov 12, 2020

Read Fla. Statutes Chapters 82 and 83 (which are on-line) in their entireties. If you are still unclear on it after that, it's best to schedule a consultation.

1 Answer | Asked in Civil Litigation for Florida on
Q: In a lawsuit that is dismissed without prejudice can Plaintiff refile at a later time?

In this case, the statute of limitations has passed.

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

"Without prejudice" is synonymous with "may be refiled", but the statute of limitations does apply. Therefore, it may not be refiled beyond the limitations deadline. However, laypersons sometimes don't realize when the limitations period actually starts to run and... Read more »

1 Answer | Asked in Car Accidents and Personal Injury for Florida on
Q: If I was involved in an accident that only I was in no one else was involved, I had full coverage, what can I do about

Getting medical attention for my broken knee and back and neck pain? The doctors tell me to contact an attorney before they can treat me due to the extent of injuries they were aware of me being the only one involved and i believe i have 25000in pip but im still dealing with a broken knee and no... Read more »

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

Did they explain why they told you to contact an attorney? Could they be confused and think you were the victim of another, at-fault driver? Your insurance company's PIP would cover up to the first $10,000 in bills (minus any deductible), then your health insurance, if any, would cover the... Read more »

2 Answers | Asked in Car Accidents for Florida on
Q: If someone has something sticking out of their parked truck into the road and I hit it, who is at fault?

The steal beam was run out the back pass-through window, out the back of the truck and 2 ft into the road from his driveway. There was a small red flag secured to it via surran wrap. The truck was unattended and it was dark outside. I did not see it and I hit it with my golf cart. The back window... Read more »

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

The issue here is whether you SHOULD have seen it. If most people would not see it, and you were driving in a normal, safe, and legal manner, then the accident would be the other party's fault because it would be foreseeable to the other party that he/she was creating a hazard during the dark... Read more »

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1 Answer | Asked in Criminal Law, Civil Litigation and Domestic Violence for Florida on
Q: Can son press charges on ex-girlfriend who ran over his foot and drove off in his car?

Our son wants to press charges on his ex-girlfriend who ran over his foot with HIS car, but officer is saying he can't because he went in front of a moving vehicle. Briefly: Oct. 25, as son drove into the parking lot of ex-girlfriend's residence (she was passenger), an argument started.... Read more »

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

Whether criminal charges may be initiated is solely the decision of law enforcement - either the police or the State Attorney's Office (prosecutor's office). If the reporting officer refused to either charge or commence a criminal investigation, you could try the intake office of your... Read more »

1 Answer | Asked in Insurance Bad Faith for Florida on
Q: Are mobile home owners required to carry homeowner insurance in Florida?
Charles M.  Baron
Charles M. Baron answered on Nov 3, 2020

Not under Fla. law; however, if there is a lender involved, it might require it, and if the mobile home is in a mobile home community/park, the landlord might require it. The following link gives good info for consumers regarding homeowners insurance in Fla.:... Read more »

1 Answer | Asked in Business Formation, Business Law and Civil Litigation for Florida on
Q: Does a Florida single-member LLC offer personal asset protection in the event of a lawsuit?

I am a Home Health Physical Therapist Assistant (1099 Independent Contractor) in FL. I have professional liability insurance but want to make sure my personal home, retirement, savings and investment accounts are safe if I am sued. I set up a single-member LLC, but my accountant recommended to... Read more »

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

You seem to be concerned about protecting yourself from any professional malpractice suits, which is what professional liability insurance is for. If you provide your services under an LLC, you'd need to insure both the LLC and yourself individually, and if that causes a substantial... Read more »

1 Answer | Asked in Civil Litigation for Florida on
Q: Company keeps sending me bills for account which is fully paid. Won't stop, can I sue for harassment?

They keep sending me a bill for durable medical device my medical insurance has paid in full. I have called multiple times and have written letters providing the proof it has been paid & asking them to stop harassing me and they will not stop.

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

You're writing from NV but posting to FL, so it's likely that this will be seen only by FL lawyers, who cannot comment on NV law (without researching it). Also, I assume you mean the company that sold the device, not a collection agent for the company (which triggers a different set of... Read more »

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