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Questions Answered by Charles M. Baron
1 Answer | Asked in Contracts for Florida on
Q: Do I have a legal mortgage?

I am seeking advice regarding my home and damage sustained during a hail storm. My mortgage contract states the home is insured and there is not a policy come to find out

Charles M.  Baron
Charles M. Baron
answered on May 22, 2023

You must schedule a consultation with a lawyer for review of your documents and to go over the communications that gave you the impression you had a homeowners insurance policy in effect, and by which insurer. When you're insured, you receive a copy of the policy annually.

2 Answers | Asked in DUI / DWI, Civil Rights and Criminal Law for Florida on
Q: I was accused of DUI, Speeding, resisting arrest without violence and a improper tag. I was taking to jail on private

Property. Again, no Miranda Rights read to me while I'm being taken to jail. All my charges was dismissed. So, I still don't have a case?

Charles M.  Baron
Charles M. Baron
answered on May 22, 2023

Why are you asking if you "still", after having those facts, DON'T have a case, rather than asking if you DO have one? (And I assume you mean a civil case for money damages.) If it's because a lawyer has advised you of that, you can run that advice by another lawyer if you... View More

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2 Answers | Asked in Civil Litigation and Civil Rights for Florida on
Q: I have a question...... I was taking to jail on private property. No Miranda Rights read. Do I have a case?

Was giving two breathalyzer. Handcuff extremely tight. Would not make the handcuffs loose for me after being detained. Spoke to my family like they were nobody.

Charles M.  Baron
Charles M. Baron
answered on May 22, 2023

You must schedule a consultation with an attorney in your area who handles police misconduct cases, on both the issue of whether you were falsely arrested and the issue of excessive force based on refusal to loosen the cuffs.

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5 Answers | Asked in Contracts, Civil Litigation and Real Estate Law for Florida on
Q: Should my HOA inform us if they are using a toxic chemical for yard services (i.e. Round-up) ?
Charles M.  Baron
Charles M. Baron
answered on May 22, 2023

Yes - if you request the information and that info is in their possession, but otherwise, probably not. Request copies of all contracts with such service providers, all invoices, all receipts for items purchased for the services, all documents showing materials and chemicals used, and whatever... View More

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2 Answers | Asked in Animal / Dog Law and Personal Injury for Florida on
Q: A dog attacked my cat on my property. Now my cat is missing. What all can I do

My neighbors on the side of her dog viciously attacked my cat. I have video proof of the dog in the cat in the altercation. My neighbor behind me was the one that broke up the altercation. I confronted my neighbor on the side. Showed her video documentation that it was her dog that attacked my cat.... View More

Charles M.  Baron
Charles M. Baron
answered on May 17, 2023

The dog owner is legally responsible for the vet bills, which you should first present to the owner to try to amicably resolve the matter, and if not settled, you can sue the owner in small claims court, assuming the amount is $8,000 or less. If the dog is owned by a couple, you would sue both... View More

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1 Answer | Asked in Consumer Law, Business Law, Civil Litigation and Lemon Law for Florida on
Q: Need to know if this is legal in Florida on used car sales?

I am about to fly to Florida from Texas to purchase a vehicle. I noticed on the contract that the dealer was charging 995 for a pre delivery fee and 495 for security edging.

I'm not familiar with a pre delivery fee on an used car only know it to come on a new car and usually covered... View More

Charles M.  Baron
Charles M. Baron
answered on May 16, 2023

This is a matter of contract negotiations between the parties; there is likely no issue of "does the law allow it?" Dealers insert into their proposed purchase contracts some bullcrap fees and charges with various labels, with the actual purpose of increasing their profit margin. These... View More

4 Answers | Asked in Personal Injury for Florida on
Q: My frienld has a slip&fall suit her attorney calls and tells her that the other side wants to settle out of court

They agreed to pay $1,000,000 her attorney calls her back and asks if she'll take $325,000 what's up with that she's lost her home car is injured they've said they were at fault agreed to pay the million out of court why is her attorney trying her with $325,000 we don't get it what are missing

Charles M.  Baron
Charles M. Baron
answered on May 10, 2023

That's a mysterious question - didn't the attorney give an explanation? That's step one. If no explanation, your friend should ask for an emailed explanation. If he/she gave an explanation, what's the problem with the explanation? Not understandable? Not believable? In... View More

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2 Answers | Asked in Personal Injury for Florida on
Q: My lawyer received a settlement offer from the opposing side but did not inform me until a month later. Is this allowed?

My lawyer has continuously failed to provide information, let alone correct information, to me my entire DBA case. I contact him for updates often because there have been requests made from the opposing side that he will not discuss with me until months later. During that month, I contacted him... View More

Charles M.  Baron
Charles M. Baron
answered on May 9, 2023

A lawyer has an ethical obligation to adequately communicate with the client, including on major developments (which would certainly include a settlement offer), and to diligently move the case forward. However, a few weeks time between a Step A and a Step B may be reasonable and not in any way... View More

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1 Answer | Asked in Employment Discrimination and Employment Law for Florida on
Q: Employment Discrimination

Is it employment discrimination when a White woman with a black male supervisor is paid more than the supervisor? Is it racial discrimination, Gender, or both? Should I be compensated at a salary comparable to the white female who reports to me as their supervisor.

Charles M.  Baron
Charles M. Baron
answered on May 8, 2023

Not necessarily. In the legal employment discrimination analysis, you compare yourself to employees in the same or similar position to your position, or performing the same duties as you. Those employees are called "comparator" employees. Also, if the person you are supervising has... View More

1 Answer | Asked in Civil Litigation for Florida on
Q: can I get a injunction on a neighbor blowing me out of my home with loud music? Im in Plant city Fl.

I have been getting blasted out of my home for 10 years now from several neighbors,1 is blasting me out right now and has been since 3:00pm and it's 8:30pm now. he is entertaining about 40 people in his back yard, he is on 4 acres and Im on 1 acre,he is 800 feet away,the low frequency bass... View More

Charles M.  Baron
Charles M. Baron
answered on May 8, 2023

Schedule a consultation with an attorney in your area. An attorney's harsh demand letter might do the trick.

Also, your local code likely has a decibel limit, at least for certain time frames of the day, and there are gizmos for measuring decibel levels in your home. If code...
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1 Answer | Asked in Civil Litigation and Civil Rights for Florida on
Q: Can I get some help with civil right and racial discrimination I 'over 68 and handicap?
Charles M.  Baron
Charles M. Baron
answered on May 6, 2023

You mean, can you find out if there is something you can do legally? Of course you can find out- consult an attorney handling civil rights matters. Make a call.

1 Answer | Asked in Civil Litigation for Florida on
Q: Civil case dismissed with prejudice, does court or plaintiff give notice to defendant of appeals so case can be re-filed
Charles M.  Baron
Charles M. Baron
answered on May 5, 2023

You are apparently posting this inquiry after your prior one in which I gave the information about potential ability to appeal a dismissal with prejudice. If the case is dismissed with prejudice, it CANNOT be re-filed, but it possibly may be appealed (to a higher court) within 30 days of entry of... View More

1 Answer | Asked in Civil Litigation for Florida on
Q: If a civil case is dismissed with prejudice, can it be refiled?

A civil case was dismissed with prejudice and has now been refiled.

Charles M.  Baron
Charles M. Baron
answered on May 5, 2023

No, a dismissal with prejudice means the Court has decided that the case is over in that particular court and cannot be re-filed. A dismissal without prejudice means the plaintiff has an option to either amend the complaint or file a new lawsuit on the same basis, depending on the circumstances.... View More

1 Answer | Asked in Real Estate Law, Land Use & Zoning and Landlord - Tenant for Florida on
Q: What rights do I have and what are the legal ramifications?

I live in a household that was converted into 3 separate apartments. It has come to my attention that the owners never registered the property has a multifamily household. Power constantly trips and my internet was disconnected because the new tenants added internet services and since their lease... View More

Charles M.  Baron
Charles M. Baron
answered on May 4, 2023

If it is not zoned for multifamily and the owner did not obtain a variance and/or permitting to allow the different use, both you and the landlord have a problem, but you would then have remedies against the landlord. Code enforcement could order a prompt cessation of the multifamily use. The... View More

2 Answers | Asked in Car Accidents for Florida on
Q: I just recently got into a no fault accident in a parking lot. my damages are minimal but i dont want my insurance

rate to go up and i really do believe this wasnt my fault there was a million other spaces to park in and instead of waiting for me to pull out and leave she decides to pull in at the same time as me I just recently got into a no fault accident in a parking lot and i just wanted to contact you for... View More

Charles M.  Baron
Charles M. Baron
answered on Apr 24, 2023

You didn't ask a question, but I guess you are wondering if you must contact your insurance company, and/or whether there's some way to prevent your rate from rising. First, if the other driver decides to make a claim, your insurance co. will find out from her, and your failure to report... View More

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3 Answers | Asked in Personal Injury, Banking, Car Accidents and Elder Law for Florida on
Q: In Florida if I'm on my mother's bank accounts only to be used for her benefit since she is 93 and has dementia.

If I have a judgement against me can they take all her money. I was recently in a care accident and the other driver has obtained an attorney.

Charles M.  Baron
Charles M. Baron
answered on Apr 22, 2023

Do you mean "on" her accounts as a joint account holder or only as a benefiary? Or are you a trustee, whose sole function is to administer a trust? That makes a difference. If you're a joint account holder, a portion of the funds may be at risk of you're not exempt from... View More

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1 Answer | Asked in Civil Litigation and Landlord - Tenant for Florida on
Q: living with a roommate that is violent with anger issues and plays music in a very high volume 24/7 and broke the fire

broke the fire alarm from a punch in the wall. is there any chance I could just leave before the contract end? I live in Orlando Florida and my contract ends in the end of july

Charles M.  Baron
Charles M. Baron
answered on Apr 19, 2023

By "contract", I assume you mean a lease, but it's unclear from your inquiry whether your landlord is the roommate or someone else. Either way, there is a procedure under Fla. Statutes Section 83.51 for a written 7-day "cure" notice giving the landlord 7 days to comply... View More

2 Answers | Asked in Employment Discrimination and Employment Law for Florida on
Q: I had a customer at work harass me several times and my work didn’t really do anything about it. What can I do ?

I work at a storage rental facility and a customer not only broke several of the rules but also indecently exposed himself to me and then grabbed/tried rubbing up on me afterwards. All my company did was make him move out three of his 5 units. I expressed to them how unsafe I feel when he’s... View More

Charles M.  Baron
Charles M. Baron
answered on Apr 17, 2023

Sounds like the customer committed a crime, or more than one crime (and is there a video to prove it?). You can report it to the police to see if they will arrest the customer for indecent exposure, etc. - but you may want to run that by your employer first. If the employer would terminate you... View More

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1 Answer | Asked in Personal Injury, Civil Litigation and Civil Rights for Florida on
Q: I’m on vacation in Kissimmee Fl I brought an electric scooter with me. Yesterday afternoon I was driving on the sidewalk

The sidewalk has a ft drop I lost control and fell road rash and cracked my ankle went to urgent care over $500 dollars and I have a doctors note for at least a week off and broken scooter are they liable?

Charles M.  Baron
Charles M. Baron
answered on Apr 15, 2023

If it's a public, street-side sidewalk, there is a possibility that the government entity controlling it would be liable to you, though it might raise a defense of the condition being open and obvious if the matter were to be litigated. For this kind of claim against a local government, you... View More

2 Answers | Asked in Landlord - Tenant for Florida on
Q: Do I have to pay this guy if I stayed at his house previously

I live in Florida and i was previously staying at an airbnb but later ended up paying the owner through cashapp to stay there. He ended up going ghost so I stayed there 20 days longer before i ended up getting an apartment. Do i have to pay him for those days even though he went ghost. I thought he... View More

Charles M.  Baron
Charles M. Baron
answered on Apr 13, 2023

Consult a landlord-tenant attorney in your area. The issue here is your agreement. If it was to stay until a particular date, then you will owe rent for the holdover days and might legally owe double rent. Also, if you decided you would stay there without a private bedroom, and could have instead... View More

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