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Questions Answered by Charles M. Baron
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 Libel & Slander and Personal Injury for Florida on
Q: what kind of an attorney handles defamation slander, invasion of privacy, negligent misrepresentation, emotional distres

i need an attorney who will fight for me and will charge after they win the case.

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

Regarding those subject areas, look for an attorney handling general civil litigation. Regarding the fee arrangement of the lawyer getting paid upon recovery, if any, that is called a contingency fee basis. For the subject areas you mention, you may not be able to find a lawyer willing to handle... View More

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3 Answers | Asked in Car Accidents for Florida on
Q: do you represent people at fault involved in an accident?

one and half year ago I was at fault in an accident. The other parties involved is suing their insurance including me for damages. Can you help me with this case?

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

On the question, "Can you help me with this case?", there are many lawyers who can help you, but you must initiate contact. This is a question and answer forum for general educational information, and lawyers volunteer to answer questions here to make ourselves generally more well-known.... View More

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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: Can an out-of-state loan contract be created allowing me to sue someone in my state (Florida) when they live in Ohio?

The person I would loan money to lives in Columbus, Ohio, and I live in Jacksonville, FL. My research indicates that if I had to go after them in small claims court, I would have to do so in their state. However, can I create a contract stipulating that I can sue them in Florida if they break the... View More

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

Yes, to all of your questions.

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2 Answers | Asked in Car Accidents for Florida on
Q: If you leave your phone # after car accident but don’t stay until police come can you get in trouble?
Charles M.  Baron
Charles M. Baron
answered on Aug 16, 2023

Yes. However, if no one was injured, and the police are kind, perhaps they'll be willing to get the other data needed (such as your driver's license) without charging you. If they're not kind, retain an attorney.

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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

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

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