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Questions Answered by Charles M. Baron
1 Answer | Asked in Land Use & Zoning for Florida on
Q: I'm not sure what to say , I sent you a email not long ago . I'm 70yrs old and I own my house an land.

I've been served papers from the owner next-door to me is suing me about my property. there's a lot more issues with this.

Charles M.  Baron
Charles M. Baron
answered on Sep 7, 2021

If you mean you directly sent an email to someone about your legal issue, you cannot re-contact that person by posting to the Justia site. You instead must contact that person directly. Or do you instead mean you previously posted your issue on the Justia site but no one responded? If you mean... View More

1 Answer | Asked in Personal Injury for Florida on
Q: In a law suit a claim against a persons home insurance is giving a deposition considered going to trial?

They way im understanding that is not considered going to trial it pre trial? Wondering why i can not get a answer? This is supposedly a free ask a question get a answer site is it or is it not ?

Charles M.  Baron
Charles M. Baron
answered on Sep 6, 2021

A deposition is an interview of a witness under oath, taken in cases for various reasons, primarily for the deposition-taker (the party who is asking the questions) to prepare for trial, and in many cases, to use in support of a summary judgment motion, which requests the court to toss out the... View More

2 Answers | Asked in Employment Discrimination and Employment Law for Florida on
Q: Can my employer require proof of COVID Vaccine in Florida if I have a medical condition?
Charles M.  Baron
Charles M. Baron
answered on Aug 9, 2021

Yes. However, if you have a diagnosed disability which a physician says makes you medically ineligible for the vaccine, and you are fired for not being vaccinated, you may have a potential disability discrimination claim, as well as a potential unemployment compensation claim. From what I've... View More

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2 Answers | Asked in Personal Injury and Medical Malpractice for Florida on
Q: Can the ER ask someone with a high fever to sit in a car with no air conditioning in a parking lot that is 100°f
Charles M.  Baron
Charles M. Baron
answered on Aug 9, 2021

Can they ask you if you're willing to sit there? Sure. But did you mean "ask" or "require"? If you mean "required me to sit there for a while before they were willing to take me inside", it depends on the circumstances, including exactly what was communicated.... View More

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3 Answers | Asked in Employment Law and Employment Discrimination for Florida on
Q: I was recruited by a company and after starting forced to sign a non compete months later. I worked there for 3 years .

They let me go stating I did everything they asked but were changing directions. They offered me a severance no strings attached. Said they wouldn't enforce me non compete as long as I didn't solicit. Their words were they aren't A holes and wouldn't keep me from working. I... View More

Charles M.  Baron
Charles M. Baron
answered on Aug 4, 2021

In layman's terms, it's discrimination (treating similarly-situated former employees differently regarding that issue), but it's not "discrimination" under the law. "Discrimination" (legally) is a term referring to treating similarly-situated employees... View More

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2 Answers | Asked in Civil Litigation for Florida on
Q: Can you seek compensatory damages from a married neighbor that has sent inappropriate pictures and texts for 10 years?

Asked/begged/guilted/threatened to tell wife for years. The rest of the 10 I’ve disengaged but it never stops him. Unwanted pictures/texts/unzipped commando and groped himself in front of me ON MY PROPERTY, even a cash offer! Any excuse to start the conversation when she is at work and he’s... View More

Charles M.  Baron
Charles M. Baron
answered on Aug 2, 2021

March over to your local Court Clerk's office to seek a domestic violence injunction, also known as restraining order, to stop the stalking and cyberstalking. Not necessary to have an attorney, though of course hiring an attorney for any type of court matter is always best.... View More

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1 Answer | Asked in Business Law and Contracts for Florida on
Q: I need information on what to include in a contract between judges and production company for a TV show (like The Voice)
Charles M.  Baron
Charles M. Baron
answered on Aug 2, 2021

That is not a do-it-yourself project. While you are not required to hire an attorney to draft the contract, you would be extremely unwise not to do so.

2 Answers | Asked in Civil Litigation, Contracts and Small Claims for Florida on
Q: Our daughter in law borrowed our car and totaled it. There was no collision coverage. The tow company is coming after us

To pay the bills for towing and storage. They have threatened a lien on our drivers license. Are we legally obligated to pay?

Charles M.  Baron
Charles M. Baron
answered on Jul 30, 2021

Yes, and you may demand/sue for reimbursement from your daughter-in-law. I'm guessing she doesn't have the money, but you could draw up an agreement, signed by her, that she pay you in installments and/or pay, or start paying, at a specified future date. If the accident was her fault,... View More

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1 Answer | Asked in Car Accidents for Florida on
Q: Florida Does a left turning car with the green arrow have the legal right of way over a right turning car?

Maybe It's a misconception on my part. As far as I've learned, in the state of Florida, a green arrow gives right-of-way for left turns, but it does not give them the right-of-way to make a U-turn.

I could be wrong here, so that's why I'm asking someone more qualified to answer.

Charles M.  Baron
Charles M. Baron
answered on Jul 28, 2021

That's easy - just look at the traffic signals statute, Fla. Statutes Sec. 316.075, at http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&URL=0300-0399/0316/Sections/0316.075.html Regarding green arrows, it states: Vehicular traffic facing a green arrow... View More

2 Answers | Asked in Civil Litigation for Florida on
Q: If a party doesn't comply with a RFP (request for production), can you make a motion to compel the information?

And if they still don't comply can you ask for Sanctions?

Charles M.  Baron
Charles M. Baron
answered on Jul 27, 2021

Generally, yes on both. You are apparently representing yourself. If you are in civil court, you must read and understand the Florida Rules of Civil Procedure, and if you are in family court, you must read and understand the Florida Family Law Rules of Procedure. Both are on-line. If you make a... View More

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1 Answer | Asked in Personal Injury, Car Accidents and Small Claims for Florida on
Q: I finally got a court date for a small claims case. Would I be able to request to appear virtually? I'm the plaintiff.

I live in Atlanta. The case is in Orlando.

Charles M.  Baron
Charles M. Baron
answered on Jul 26, 2021

You can certainly request it, but to find out whether the judge would consider it, call the judge's judicial assistant and ask him/her. You might be required to file a motion to make that request and to set your motion for a telephonic hearing. Or you might be told, "no, you filed suit... View More

1 Answer | Asked in Civil Litigation for Florida on
Q: A male is trying to ruin my life by going to gov lawyers and telling them to never let me get a job. What can I do ?

He has destroyed my belongings and said he would bring his family to “ruin my life”. Keeps harassing me on social media (making false posts about me and trying to communicate with me through friends and himself). He cheated on me and I confronted him for it and now he’s mad and trying to... View More

Charles M.  Baron
Charles M. Baron
answered on Jul 25, 2021

Sorry to hear about your ordeal. You have raised a number of legal issues, which I will address one by one.

1. "Destroyed my belongings". That's a crime. Call the police to press charges. If the culprit is prosecuted, determine if the State Attorney's Office will...
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3 Answers | Asked in Bankruptcy, Consumer Law, Contracts and Foreclosure for Florida on
Q: Civil Defendant insolvent.Does it help to communicate that with Plaintiff so they will not pursue judgement?

What are usual odds for this that Plaintiff drops case since it cant collect ever anyway?

Charles M.  Baron
Charles M. Baron
answered on Jul 25, 2021

Some plaintiffs will drop their case (or agree to settle very low) upon proof to them of the defendant's lack of assets, such as production of bank account statements, wage records, etc., BUT the danger in making such production is that you will have given all the plaintiff needs to know to... View More

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2 Answers | Asked in Civil Rights for Florida on
Q: I'm a black man who white woman was pretending I was trying to harm her inside at her place of employment what can I do
Charles M.  Baron
Charles M. Baron
answered on Jul 21, 2021

If law enforcement has not contacted you, and you have not been served with court papers, there's nothing to do, unless you would like to complain to her employer. If law enforcement contacts you, say that you wish to hire an attorney before speaking to anyone, then consult a criminal defense... View More

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1 Answer | Asked in Personal Injury and Small Claims for Florida on
Q: I'm pregnant and ate yogurt that was spoiled that I baught today what can I do
Charles M.  Baron
Charles M. Baron
answered on Jul 20, 2021

You did not say if you got sick from the yogurt. If you did, and you went to the emergency room or an urgent care center, save the yogurt and promptly consult an attorney. If you did not get sick, your remedy is a refund from the store.

2 Answers | Asked in Civil Litigation, Contracts and Landlord - Tenant for Florida on
Q: I signed a tenant release form and now leasing office says I owe the month of july.

Because of harassment, Insults, emotional damage etc from my rommate I decided to leave the premises by the end of july. We both and management agreed to a form that states that I will vacate the premises no later than July 31. It also says that I relinquish my rights to the deposit by signing. My... View More

Charles M.  Baron
Charles M. Baron
answered on Jul 14, 2021

So why didn't you add to the written agreement that you owe nothing for July? In this situation, your lease and any written, signed modifications thereto generally control. You might possibly have an argument that you were fraudulently induced to enter into the written agreement, but for the... View More

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1 Answer | Asked in Civil Litigation for Florida on
Q: What are Missouri inheritance laws as to biological children when the deceased father had remarried?

Father died in 2016 in Missouri. He did leave stocks in a will. A lawyer had contacted me and this has been taken care of. However, doing research on the internet reveals that I, as the biological son, is entitled to a percentage of the estate according to Missouri law. Is this correct?

Charles M.  Baron
Charles M. Baron
answered on Jul 10, 2021

This is a question for a Missouri attorney. Your post is mainly being viewed by Florida attorneys because you are writing from Hudson, Fla. and did not change the location. On the question page, where it says, "I Need Help in this Location (modify if needed)", you should change your... View More

2 Answers | Asked in Car Accidents for Florida on
Q: I was cited a ticket for driving to close, a car was in front of me when he stopped in the flow of traffic attempting

To get in the turning lane that was full

Charles M.  Baron
Charles M. Baron
answered on Jul 10, 2021

You did not ask a question. You must re-post with a question.

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1 Answer | Asked in Personal Injury for Florida on
Q: am I required to fill the affidavit?

So I had an accident like 4 months ago, where I rear-ended a car but I managed to stop just in time to the point that there was no damage to either car but the lady wanted to call the police anyway. The police arrived and we get a driver to exchange of information, no fire rescue or ambulances were... View More

Charles M.  Baron
Charles M. Baron
answered on Jul 9, 2021

No, not required to (if it's not requested via a court document). Whether it would be a good or bad idea to submit the financial affidavit depends on your unique circumstances and your defense strategy. The plaintiff's counsel is likely deciding whether or not to sue you (though suit... View More

1 Answer | Asked in Civil Litigation for Florida on
Q: Hello, can I file a civil lawsuit to a federal district where I live against my federal agency located in other state?

I work from home in Florida but my federal agency located in DC. I filed title vii against my supervisor to eeo. Can I file a civil lawsuit against my agency in Florida federal district court or must be filed in DC where my agency located?

Charles M.  Baron
Charles M. Baron
answered on Jul 8, 2021

Generally, you may sue a defendant where (A) the defendant is located, (B) the subject incident(s) occurred, or (C) at a location agreed upon by the parties by contract. So when you work out of your home for an entity that is in another jurisdiction, there would need to be an analysis of where the... View More

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