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Questions Answered by Charles M. Baron
1 Answer | Asked in Contracts and Landlord - Tenant for Florida on
Q: I rented out an Airbnb for the weekend and when we got ready to go to bed I felt something biting me it was bed bugs

What should I do I was terrified and scared to go to sleep I stayed up the entire night.My daughter literally scratched until blood was coming out her arms from the bed bugs.I asked for a full refund the owner said no and denied that there were any bugs when I have videos and pictures of the bugs... View More

Charles M.  Baron
Charles M. Baron
answered on Sep 18, 2023

You must review AirBnb's terms and conditions for resolving disputes. They have a process that you agreed to when you reserved the unit. That process entails first contacting the unit owner with your proposal for resolving the issue (for example, demanding a full refund), then there are... View More

1 Answer | Asked in Traffic Tickets, Civil Rights and Legal Malpractice for Florida on
Q: Can a magistrate find me guilty for failure to obey traffic control device if it was on private property?

The sign was not removed when originally installed upon construction in of previous business in 2015 which was later demolished and property sold. There were no agreements established as per Florida Statutes, and they are neither regulated nor maintained by neither the City , nor the FDOT. Sign is... View More

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

Sorry to hear about your ordeal. You are basically asking if the traffic magistrate can convict someone who shouldn't be found guilty. That's the same as asking if the magistrate has the power to make an incorrect decision. The answer, unfortunately, is yes, and the magistrate is... View More

2 Answers | Asked in Civil Litigation, Small Claims and Personal Injury for Florida on
Q: can you sue in small claims court Florida for events created leading up to an injury
Charles M.  Baron
Charles M. Baron
answered on Sep 15, 2023

You inquiry is vague as to what you mean by "events created...". If you have been damaged/injured by the unlawful act of another, you can sue in small claims court for up to $8,000 plus court costs, and in some types of cases, attorney's fees and prejudgment interest are awardable... View More

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2 Answers | Asked in Consumer Law, Civil Litigation and Car Accidents for Florida on
Q: My wife crashed our car in September 2022, my insurance paid around 24K to a local bodyshop but my car it's not fixed

I already did a police report around 3 weeks ago but nothing has changed, this September 22 will be a year that I am making my car and insurance payments and my main concern is that it is a lease car I have 1 year left and I don't have a car, the repair bodyshop took the money and never fixed my car

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

You need to either schedule a consultation with an attorney or contact a government consumer protection agency. For the latter, you can dial 311, the Miami-Dade County switchboard, and say you need to make a consumer complaint, or contact the Fla. Dept. of Agriculture and Consumer Services.

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3 Answers | Asked in Constitutional Law and Real Estate Law for Florida on
Q: Is a homeowner entitled to fly a political flag as well as an American flag?

I received a letter from the HOA stating that under Florida Statue 720.304, I am not entitled to fly a political flag along with my American flag

Charles M.  Baron
Charles M. Baron
answered on Sep 14, 2023

Florida Statute Section 720.304 is clear and understandable; you do not need a lawyer to interpret it. You can easily find it online, and here's the official web page for it: http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&URL=0700-0799/0720/Sections/0720.304.html... View More

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1 Answer | Asked in Wrongful Death for Florida on
Q: My husband died while he was in county jail from a drug overdose. Do I stand a chance fileing a wrongful death lawsuit?
Charles M.  Baron
Charles M. Baron
answered on Sep 9, 2023

Yes. If the overdose was by medical staff, it's a potential wrongful death claim based on malpractice. If an illegal drug voluntarily taken, it's a potential wrongful death claim based on negligent supervision, but the claim would face some hurdles. If malpractice, consult a lawyer... View More

1 Answer | Asked in Civil Litigation for Florida on
Q: What will be my right or what’s the legal advise when a neighbor to close to my patio smoke cigars and marihuana ?
Charles M.  Baron
Charles M. Baron
answered on Sep 9, 2023

First step is to try to amicably resolve the problem. Have you spoken to the neighbor about how bad the smoke makes you feel? Beyond that, you have two separate issues, the cigar, which is legal, and the marijuana, which is illegal in Fla., unless in use under a medical prescription. One option... View More

1 Answer | Asked in Contracts for Florida on
Q: I have few questions about a contract breached by homeowner. No payment.

I was contracted to do some work in a pool. Homeowner didn't want to pay accordingly to our contract and after 3 weeks and many attempts to get the money and continue the work (95% done, I sent a certified letter of "termination of contract" where indicates that effected... View More

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

To obtain reliable legal advice, you'd need to schedule a consultation with a lawyer to review the contract, communications, etc. Generally in this kind of situation, if the contractor says, "pay the overdue balance now, or else....", the contractor in essence is making a new... View More

2 Answers | Asked in Contracts and Probate for Florida on
Q: Joint homeowners policy, one person dead, had a claim, unable to cash check due to written out to both party’s.

Unknowingly my deceased mother was still on our joint homeowners policy. Recently had a fire, and they’re sending me checks in both of our names, and I am unable to cash them. How do I cash these checks or get them to make it out only in my name? Can they cancel my insurance for this?

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

Sounds like you haven't contacted the insurer to address the problem. Why not? The sole fact that your mother died should not be a reason for the insurer to cancel the policy. If there were some misrepresentation or faked signature in the initial application or renewal process, and that... View More

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3 Answers | Asked in Personal Injury and Civil Litigation for Florida on
Q: Q: If a civil case has been dismissed without prejudice how long after the SOL are you able to reopen and “ Relate Back”

Q: If a civil case has been dismissed without prejudice how long after the SOL are you able to reopen and “ Relate Back”

Can a case dismissed without prejudice be reopened after the statute of limitations and ask the cases be related back to original filing if the claim stays t

Charles M.  Baron
Charles M. Baron
answered on Aug 23, 2023

To add to Mr. Clifton's and Mr. Apkinar's answers, while you GENERALLY cannot re-file a case with the same causes of action after the limitations period has expired (even though a dismissal is without prejudice), there are exceptions to that general rule, such as the equitable tolling... View More

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1 Answer | Asked in Contracts for Florida on
Q: Is it legal for a car dealership to cancel a signed contract after I leave the lot

I’m asking cause I just went through that last night for the simple reason that I questioned some of the options that I was told I had and the MAIN REASON is that I said if I had to leave a review at that moment it would be negative and the GM got all up over the thought of a bad review

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

Generally, no, if there’s not a loan problem, such as the lender disapproving the loan. However, whatever cancelation terms are in the purchase contract would apply. Ask the dealer what provision of the contract enables the dealer to cancel. If there's no logical answer, the dealer is... View More

1 Answer | Asked in Civil Litigation for Florida on
Q: I was living in a shelter and the case manager insulted me about my HIPPA and phi rights. Also contracted COVID there.

I was wearing a mask while residing at the shelter when one of the staff members told me to remove it and shortly after I contracted COVID from other Patrons at the shelter. Then they kicked me out of the shelter while I suffer from depression and anxiety causing me to mentally, physically and... View More

Charles M.  Baron
Charles M. Baron
answered on Aug 20, 2023

Regarding the Covid issue, possibly, if it was foreseeable that you'd likely contract Covid if forced to remove your mask, and there was no rational justification to force mask removal. That may or may not be proveable. Regarding removal from the shelter, their reasons would have to be... View More

1 Answer | Asked in Real Estate Law and Gov & Administrative Law for Florida on
Q: I got a final order or stipulated final order on code compliance in Hollywood- I did not get notice - tenant retaliation

It says I have thirty days to appeal- July 19,2023-- 30 days - I got no notice and I believe that my tenant altered my condo and then in anger reported code violations to Code Complaince--

It seems I need to file an appeal by August 18-- The violations were done by tenant who left... View More

Charles M.  Baron
Charles M. Baron
answered on Aug 18, 2023

It depends on what section of the city code applies. For some appeals of this nature, there would be an "up-the-ladder" process within the city administration. For some other appeals, you must instead file an appeal or a petition in the Circuit Court, which is more technically complex... View More

2 Answers | Asked in Car Accidents for Florida on
Q: My car was severally damaged by a flying object while parked by the valet parking of the building where I live.

Can I sue the HOA of my building for damages?

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

Depends on what caused the object to fly, and on the ability of the HOA to prevent it from happening. They are not automatically liable for someone, not an employee of theirs, hurling something, nor for the wind causing an object to fly if that occurrence was not foreseeable or preventable. If... View More

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1 Answer | Asked in Appeals / Appellate Law and Employment Discrimination for Florida on
Q: Need an attorney familiar with the appeal process in Miami Florida

Hello,

I am looking to appeal my case that was just closed yesterday 8/15/2023. I filed pro se against my former employer for disability discrimination. My claim was dismissed for failure to state a claim with prejudice. I feel that I have all the evidence needed to prove discrimination... View More

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

To search for an attorney who handles appeals in Miami, FL, you can try the Find a Lawyer tab at the top of this Justia page and input "appeal" in the subject field and "Miami, FL" in the location field, or you can contact the Florida Bar Lawyer Referral Service - see... View More

2 Answers | Asked in Civil Litigation for Florida on
Q: In Florida civil court, can an account stated claim include prejudgment interest? If no, what laws & cases prohibits it

from being awarded in court? A third party debt buyer is suing for interest after charge-off on an account stated debt.

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

Generally, yes. The initial issue for an Account Stated suit is: Did the creditor give you presuit notice of the debt, and did you fail to dispute it? If the third party debt buyer didn't give you presuit notice, or it did give notice but you disputed it, that would be an issue to examine.... View More

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1 Answer | Asked in Civil Litigation for Florida on
Q: Can I file a Motion for Sanctions post judgment if I've already filed a notice of appeal?

or can I file an amended Motion for Sanctions post judgement after I've filed a notice of appeal?

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

Depending on the basis for seeking sanctions, the type of sanctions sought, and whether the issue is related to any issues on appeal, that may be possible. However, it is not possible in this online forum to give a definite "yes" or "no" answer to your question, which depends... View More

1 Answer | Asked in Civil Litigation for Florida on
Q: What FL statue governs "fraud on the court"?
Charles M.  Baron
Charles M. Baron
answered on Aug 15, 2023

I assume you mean statute, not statue. There probably is no statute that is specifically addressed to fraud on the court, but there is plenty of case law (published appellate court decisions) on that subject. Also possibly relevant to this issue is Fla. Statute Section 57.105(1), which is a basis... View More

1 Answer | Asked in Civil Rights, Medical Malpractice and Personal Injury for Florida on
Q: What is the likelihood I would win a medical malpratice /police brutality case?

I had a miscarriage, I believe it had been too early to tell but my boyfriend states that the hospital told him that I had a dilation and curettage. In the hospital records, it doesn't mention this and I got an infection after not being explained the proper remedies of how to heal after the... View More

Charles M.  Baron
Charles M. Baron
answered on Aug 11, 2023

Sorry to hear about your horrible ordeal. You cannot obtain an online answer to the question, "How likely am I to win?", for this potential case or any other. You need to schedule a consultation with an attorney to review the facts and relevant documents. Also, there are relatively few... View More

1 Answer | Asked in Land Use & Zoning and Real Estate Law for Florida on
Q: real estate conflict against neighbor

A manipulative, shameless neighbor filled with hate started construction of his home in January 2022, and it blocks sunlight, creating shadows on my property. We've owned our home since the 1960s. Numerous attempts have been made (by legal and non-legal means). Not withstanding, our efforts... View More

Charles M.  Baron
Charles M. Baron
answered on Aug 11, 2023

Whether you have some kind of legal remedy depends on various factors, starting with what the zoning was when you moved in and any changes after you moved in, as well as whether the neighbor is in 100% compliance with the current zoning and permitting. Assuming the latter is the case, and you... View More

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