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Questions Answered by Charles M. Baron
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

1 Answer | Asked in Family Law and Civil Rights for Florida on
Q: If you were given a phone as a gift before 18 that your mom pays does she have the right to take it now that you're 18.

Me and my mom got into a fight which she started and proceeded to beat on me. I did swing back to get her to leave me alone. She was upset because I was sharing my feelings with my aunt that had nothing to do with her. I was talking to her about my feelings when my mom came up there yelling at me... View More

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

No one has the right to renege on a gift, but if the phone service is not in your name, and the phone was provided from the service, your mother might be able to get away with claiming the phone belongs to her. You seem to have much bigger problems in your household than the wrongful taking of... View More

1 Answer | Asked in Civil Litigation and Criminal Law for Florida on
Q: Can a probation officer who intentionally filed a false probation report in order to have me violated be sued for liable

I was violated for allegedly be alone with my son. The officer that made the report did not witness me alone with my son, nor did the officer who visited my home the night beforehand and reported back to my primary officer

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

I believe you mean libel (written defamation of character) - that is, can he be held liable for libel? First, you must be cleared of the probation violation charge. If you are found guilty, you likely cannot sue anyone for anything regarding the charge - so if the charge is still pending, you... View More

1 Answer | Asked in Civil Rights and Civil Litigation for Florida on
Q: Can further actions be taken by the court if I don’t pay the plaintiff since I cannot afford it I’m retired make $1100 a

I was sued without my civil rights

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

Yes, the judgment holder may attempt to garnish your account(s) and can initiate that process without notice to you, but you'd eventually be notified to give you the opportunity to file a claimed exemption from garnishment if you happen to qualify for an exemption. You need to schedule a... View More

1 Answer | Asked in Civil Litigation and Real Estate Law for Florida on
Q: I am over 80 years old my daughter-in-law agreed to handle the sale my townhouse. After the closing the

Letter of authorization was altered by the addition of a handwritten "see attached" after it had been signed it. The alteration transferred the entire net sale price to my wife's brokerage account. There was no indication on the "attached" that I had seen it. I got nothing.

Charles M.  Baron
Charles M. Baron
answered on Aug 7, 2023

You did not ask a question, but I assume your question would be, "Is there something I can do"? The first thing to do is to demand what you had arranged/expected to happen. If your demand is not met, pick up the phone to schedule a consultation with an attorney in your area handling... View More

1 Answer | Asked in Employment Discrimination and Employment Law for Florida on
Q: Does my girlfriend have a case of employment harassment and/or retaliation?

My girlfriend just recently had her hours cut and her job threatened after she told her boss that a "manager" was unprofessional in her approach of informing my gf of a new "policy." The manager verbally abused my gf and told her if she "didn't like it she could... View More

Charles M.  Baron
Charles M. Baron
answered on Aug 7, 2023

There is no such thing as "a case of employment harassment" that can be made into a claim for money damages. There are certain types of legally-recognized claims in which harassment may be a related fact issue, such as in cases of unlawful discrimination based on age, sex, race, color,... View More

1 Answer | Asked in Civil Rights for Florida on
Q: I will be violated due to the unprofessional,unorganized , neglectful court ordered, program I attended. Can I sue them?

I attend this program, did all that was ask and was told that I would get my completion certificate next week at individual sessions and to bring what assignment n meeting I had when I go to my last appointment I'm informed my. Counselor no longer works there and come back next week and... View More

Charles M.  Baron
Charles M. Baron
answered on Aug 7, 2023

You did not indicate what particular program you are in, but it sounds like a pre-trial intervention program you were required to complete in order to have your charge(s) dropped. If you don't receive the certificate, you'll need to confirm in writing what has transpired with the... View More

1 Answer | Asked in Civil Rights and Criminal Law for Florida on
Q: Fla. judge fails to deny motion to disqualify within 30 day deadline, Fla. R. Jud. Admin. 2.330(l) and refuses to recuse

Judge acting with total absence of all jurisdiction. violation of civil right of procedural due process of law, access to the court and self-representation. Illegally ruled me a vexatious litigant to prevent me from defending my case.

Charles M.  Baron
Charles M. Baron
answered on Aug 7, 2023

This is a question and answer forum forum, and you have no question here. If your question would be, "What litigation steps should I take in my case now?", that type of question, which would seek specific legal advice about your ongoing litigation, can be answered only by scheduling a... View More

1 Answer | Asked in Consumer Law, Contracts and Criminal Law for Florida on
Q: stolen or lost item, what value can I sue for ?

Hi, I purchased a 14k gold jewelry item at a good deal , item was delivered by FEDEX to a courier company , they signed for the package on 4/27, when we questioned as to where our package was as it had not been forwarded with other packages we received, we were given different reasons, excuses,... View More

Charles M.  Baron
Charles M. Baron
answered on Aug 6, 2023

You likely can make a claim for the dollar value (only). But whether you can sue in court to make such a claim, and if so, where, and when (immediately or after some other step to be taken first), depends on your delivery contract terms. The contract might contain an arbitration clause requiring... View More

1 Answer | Asked in Civil Litigation, Divorce, Family Law and Real Estate Law for Florida on
Q: I bought him out of joint home 4/2023. He closed on his house July 12, 24 but he won’t leave. How can I make him leave?
Charles M.  Baron
Charles M. Baron
answered on Aug 3, 2023

Schedule a consultation with an attorney handling real estate litigation or general practice; alternatively, an attorney handling landlord-tenant cases can probably help even though this is not a landlord-tenant matter. You should be able to sue for unlawful detainer and/or ejectment, and perhaps... View More

1 Answer | Asked in Civil Litigation and Landlord - Tenant for Florida on
Q: landlord put an eviction in my name cause my parents are undocumented i never signed any contract,can i get it expunged?

never signed any form of contract i was the only member in the household who is documented, living state is haines city florida

Charles M.  Baron
Charles M. Baron
answered on Jul 30, 2023

If you mean the landlord filed an eviction suit, and by "expunge", you mean erased from the court records, the answer is no. That would be the case whether you win or lose the lawsuit. If the eviction suit is still pending, hire a lawyer to try to get it resolved without an eviction... View More

1 Answer | Asked in Traffic Tickets, Appeals / Appellate Law, Civil Rights and Small Claims for Florida on
Q: Can a judge refuse to see documents that shows evidence and causes of actions that where authorized by JSO

Being sued for property damages that where authorized y Sheriffs office in Jacksonille Fl.Judge did not allow me to defend myself or show documentations that showed the reason of my actions....its was put boots on truck while was asleep

Charles M.  Baron
Charles M. Baron
answered on Jul 28, 2023

In order to receive advice on whether the judge acted properly or improperly in your case, as well as what can be done if the he/she acted improperly, you need to schedule a consultation with an attorney. Whether a judge can refuse to review items of evidence depends on various factors, including... View More

3 Answers | Asked in Civil Litigation, Civil Rights, Health Care Law and Juvenile Law for Florida on
Q: Good morning, My (12 year old) daughter is a type 1 diabetic, and she was denied her accommodations at a Summer camp in

My daughter is type 1 diabetic, and she was denied her accommodations at a summer camp in Florida in which she was enrolled and we have been paying for more than 1 year to save her place, on June 15, 2023 I filled out all the forms required by the camp with all her necessary accommodations,... View More

Charles M.  Baron
Charles M. Baron
answered on Jul 27, 2023

The camp may or may not be in violation of the Americans with Disabilities Act, depending on various factors. This publication by the American Diabetes Association is helpful: https://diabetes.org/sites/default/files/2021-06/Camp_2021_Fact%20Sheetsnewbranding.pdf

As explained there, the...
View More

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2 Answers | Asked in Civil Litigation for Florida on
Q: What can I do?

I keep getting calls from some business stating I have a civil case. They know my address. They keep asking for the last 4 of my ssn and I’m not giving them that information. They keep talking about a judge and civil claims… how can I find out if there’s any civil proceedings against me in... View More

Charles M.  Baron
Charles M. Baron
answered on Jul 25, 2023

I agree with Ms. Kim, but another option is to ask the caller for the full name of the case (plaintiff's and defendant's names), the name and location of the court, and the case number. Your description sounds like it is either (A) a scammer, or (B) a legitimate collector (such as a... View More

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1 Answer | Asked in Civil Litigation and Civil Rights for Florida on
Q: My neighbor's video camera is pointed at my driveway/front lawn. It's recording my children on my property. Legal?

Everytime someone walks on my driveway or my lawn, the camera announces "smile, you're being recorded." I live in Pasco County, Florida. Is this legal?

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

It may or may not be legal, depending on the apparent purpose of the camera, and depending on if it's only video or also audio. Generally, no audio recording is lawful without the consent of the person being recorded - and it's a crime to violate that law. If it's video only, and... View More

1 Answer | Asked in Contracts for Florida on
Q: Can a client cancel a contract if the wrong company name was put on the agreement and cancellation?
Charles M.  Baron
Charles M. Baron
answered on Jul 24, 2023

That can't be answered without reviewing the documents and the circumstances. The first issue is whether there is a right to cancel, and if so, under what conditions, if any. If there is such as right, and all conditions, if any, have been met, issues to be examined regarding the misnomer... View More

1 Answer | Asked in Employment Discrimination and Employment Law for Florida on
Q: I believe my Supervisor is showing signs of discrimination towards me. If I am fired for this reason do I have a case?

I work for a medium to large WFH company I started a few months ago for training but as of last week I have graduated to production. Last week something happened with my phone number and I had to change it, I forgot the password to the personal email that I used to receive a code that is necessary... View More

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

Your inquiry does not give any facts that would form a basis for asserting that you are the victim of unlawful discrimination. Discrimination, in the employment law context, means that you are being treated differently than co-employee(s) who perform the same or similar job functions, and at the... View More

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