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Florida Questions & Answers
0 Answers | Asked in Trademark for Florida on
Q: How to revive an abandoned trademark 88420006 in Florida?

I have trademark number 88420006, which is marked as "Abandoned - No Statement of Use Filed." I want to revive this trademark even though I haven't used it. I haven't taken any actions or contacted any legal professionals regarding this issue yet. The abandonment occurred... View More

1 Answer | Asked in Collections, Contracts and Real Estate Law for Florida on
Q: Can a debt be settled by signing over a cashier's check?

I'm owed $30,000 by a friend, and she wants to sign over a cashier's check for the same amount to me, which she received from selling land. There is no contract between us regarding the debt. Can this be done legally, and are there any potential issues I should be aware of? No one else is... View More

Erik A. Perez
Erik A. Perez
answered on Mar 10, 2025

To be safe, I would recommend having a settlement agreement prepared and signed by the parties. Simply signing over the check leaves the situation open to ambiguity and interpretation. It is highly advisable to have a proper settlement agreement prepared, reviewed, and signed by the parties... View More

0 Answers | Asked in Consumer Law and Contracts for Florida on
Q: Is canceling gifts in an Amazon group legally actionable due to group rules and past bans?

I am part of an Amazon gifting group where we exchange gifts among members. Recently, I have been accused of being a scammer, which refers to people who cancel their gifts. I am considering canceling my gifts due to these allegations but have not discussed this with anyone in the group.... View More

0 Answers | Asked in Small Claims for Florida on
Q: How to cancel a Florida small claims case as the defendant is deceased?

I self-filed a small claims case in Florida, and the Sheriff's office tried to serve the Summons. However, they reported that the defendant has passed away and the property was sold to a new resident. The case is in its initial stages with a Pretrial Conference/Mediation scheduled for 4/9/25.... View More

2 Answers | Asked in Trademark for Florida on
Q: How to reapply for expired trademark registered in 2011 and used continuously?

I had a trademark filed on November 11, 2011, with registration number 4318073, which expired. We have been using this trademark every day since its registration date on April 9, 2013. There have been no changes in ownership or any details of the trademark since its last registration. We were... View More

Felicia Altman
Felicia Altman
answered on Mar 10, 2025

In order to reapply for the trademark you must file a new In-Use Trademark application with the USPTO. You can file yourself using the new trademark application online or work with a trademark attorney to guide you through the process.

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0 Answers | Asked in Criminal Law and Consumer Law for Florida on
Q: Is canceling online gift orders in a group a crime?

Is it considered a crime in a gifting group if I place online orders for other participants' gifts, provide them with confirmation photos, but then cancel these orders, especially if doing so leads to being banned for scamming? There were no formal terms outlined by the platform regarding... View More

0 Answers | Asked in Arbitration / Mediation Law and Small Claims for Florida on
Q: Seeking small claims mediation representation in Florida.

I'm involved in a small claims case where the defendant and I have agreed to settle through mediation scheduled for April 3rd, 2025. I'm seeking legal representation for the mediation process. Can you advise on how to find a suitable lawyer?

1 Answer | Asked in Probate and Estate Planning for Florida on
Q: What to do if sister won't file mother's will or share inheritance info?

My sister is in charge since our mother passed away 5 years ago. There was a will, but my sister never filed it in the county where our mother died in Florida. I am a sibling, and my sister refuses to provide me with any information on the inheritance. I have not seen the will or any estate... View More

Phillip William Gunthert
Phillip William Gunthert
answered on Mar 10, 2025

Your sister has an affirmative duty to submit any will to the clerk of the court within 10 days of passing, since this has not been done and 5 years have passed already, you can start a probate yourself, you do not need your sister or the Will. If there is a Will she will bring it forward once you... View More

3 Answers | Asked in Personal Injury, Consumer Law and Insurance Defense for Florida on
Q: Tripped over cord in friend's house, broke arm, seeking legal advice.

I live in Lakeland, Florida, and I was helping my friend clean their house to prepare it for sale. Unfortunately, I tripped over a cord that wasn't visible and broke my arm severely. I underwent a 6-hour surgery to insert rods, screws, and a metal plate in my elbow. My friend's house is... View More

Stephen Arnold Black
Stephen Arnold Black
answered on Mar 10, 2025

Yes, I think you have a claim. Your claim would be stronger if you took a picture to show that the cord was concealed or hidden from obvious view. However, that would not be indispensable for you to pursue a claim. You should retain an attorney on contingency fee here in central Florida, which... View More

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2 Answers | Asked in Divorce and Real Estate Law for Florida on
Q: Can I force the sale of a joint property in Florida during a pending divorce?

I am currently going through a divorce that was filed in Canada, and we jointly own a property in Florida. The property is held in joint tenancy, and my spouse has been residing there for the past three months while I am in Canada. There are no existing agreements or court orders regarding the... View More

Phillip William Gunthert
Phillip William Gunthert
answered on Mar 10, 2025

To a certain degree it will surely depend on what you divorce decree states, I would encourage that you reach an amicable resolution and compromise as it relates to the property (buyout, refinance or agree to sell the property0, if none of that can be attained, then you will be stuck with a... View More

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1 Answer | Asked in Criminal Law and Civil Rights for Florida on
Q: Was police jurisdiction and search legal in Lake Wales, FL, drug possession case?

I was approached by police at a motel I rented in Lake Wales, FL, regarding a reported disturbance involving a man and woman fighting. The call was made at 5:30 PM, and the police affidavit states they responded at 5:45 PM. However, they approached me at 6:35 PM and asked to search my person and... View More

Michael Rubin
Michael Rubin
answered on Mar 10, 2025

never consent to a search if you have drugs on you

I do not think it was an illegal search, because you consented

1 Answer | Asked in Divorce and Real Estate Law for Florida on
Q: Can a non-resident petition for divorce in FL with property involved?

I am a non-resident of Florida attempting to petition for divorce from my spouse who has lived in Florida for less than 6 months and refuses to acknowledge the divorce. We have no children, but there is a jointly owned house in West Palm Beach, Florida. I have initiated the divorce process in... View More

Michael Ferrin
Michael Ferrin
answered on Mar 10, 2025

You can file in Florida but not until she has been in Florida for at least 6 months. You can try and file it sooner than the 6 months if there would be no other jurisdiction that could address the divorce, but to be safe you would want to wait the 6 months if you can.

2 Answers | Asked in Civil Rights and Criminal Law for Florida on
Q: Can police search my car after I consented due to feeling antagonized?

I had just rented a room when police officers responded to a disturbance call, stating it was at 17:45, though body cam footage shows they arrived at 18:35. The officers immediately wanted to search for drugs, mentioning we were across from a known drug motel. Several officers were present, and... View More

Charles M.  Baron
Charles M. Baron
answered on Mar 9, 2025

That would depend on what you mean by whatever actions made you feel "antagonized". The issue is whether there was voluntary consent. Coercion, threats, etc. may render a "yes" to be involuntary. To get advice, you must consult a lawyer to go over the incident in detail. I... View More

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0 Answers | Asked in Consumer Law and Real Estate Law for Florida on
Q: Lien on car led to repossession; rights as current owner?

I purchased a car from a dealership, and later another dealership repossessed the vehicle due to a debt lien because the previous owner owed money on it. As the current owner of the car, does the filing of the lien have to be reported, and what are my rights in this situation?

1 Answer | Asked in Real Estate Law and Landlord - Tenant for Florida on
Q: How do I evict squatters from a property I purchased in Florida?

I purchased a property in Florida from my brother who had medical issues and can no longer stay there. Upon visiting the property, I discovered squatters living there. They claim there's nothing I can do to remove them. There is no formal lease agreement, and I have the deed to the property.... View More

Barbara Billiot Stage
Barbara Billiot Stage
answered on Mar 9, 2025

You can call the sheriff.

Florida Statute 82.036:

(2) A property owner or his or her authorized agent may request from the sheriff of the county in which the property is located the immediate removal of a person or persons unlawfully occupying a residential dwelling pursuant to...
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1 Answer | Asked in Identity Theft, Employment Law, Tax Law and Insurance Bad Faith for Florida on
Q: Legal recourse after $16,000 stolen from 401(k) due to identity theft and incorrect 1099-R issued by Fidelity.

My wife had $16,000 stolen from her 401(k) account with Fidelity following an identity theft incident in June. We were not informed by Fidelity until we discovered the account was blocked in November. We have reported this to the police, Identitytheft.gov, and social security. Fidelity claims to be... View More

Charles M.  Baron
Charles M. Baron
answered on Mar 9, 2025

If your money is not refunded, you might have a potential negligence claim against Fidelity, which is likely insured for that. Schedule an appointment with a lawyer in your area who handles civil litigation including negligence claims against financial institutions. The lawyer should promptly... View More

0 Answers | Asked in Public Benefits and Real Estate Law for Florida on
Q: Will adding daughter on mortgage affect her SSDI?

I am buying a house in Florida, and my daughter, who is on SSDI disability benefits, may be put on the mortgage and deed. She is contributing financially to the mortgage. Will this affect her disability benefits?

0 Answers | Asked in Consumer Law and Contracts for Florida on
Q: Can a dealership sell a vehicle listed as not for sale without a consumer sticker?

I purchased a used truck from a major dealership listed as not for sale and without the consumer sticker on the window, believing the only issue was a chipped window. I have recently learned that the salesman who sold me the truck was terminated for selling vehicles that were not actually for sale.... View More

0 Answers | Asked in Real Estate Law for Florida on
Q: Can a husband execute a quitclaim deed without his wife's knowledge?

Could my mom’s husband have executed a quitclaim deed on his part of the property to his son without my mom’s knowledge or signature, given that they were both listed on the warranty deed? My mom only discovered this change after his passing.

2 Answers | Asked in Animal / Dog Law and Civil Litigation for Florida on
Q: What to do if sued for dog bite but don't own a dog?

I received a notice of suit for a dog bite incident on a specified date. However, I do not own a dog and have no previous incidents or complaints involving a dog. The notice included details about the date and location of the alleged incident, but there is no possibility that the dog is associated... View More

Roberto M. Vazquez
Roberto M. Vazquez
answered on Mar 8, 2025

You’d probably want to file some sort of motion to have the case dismissed. There is something that is leading them to think it’s you they need. I provide private dog bite defense statewide.

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