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Florida Questions & Answers
0 Answers | Asked in Business Formation, Business Law and Real Estate Law for Florida on
Q: Is a license required to install residential closets in Florida?

As a business operating in Florida that installs residential closets, do I need to obtain a specific type of license, and are there any local regulations or permits required for these installations?

0 Answers | Asked in Libel & Slander, Internet Law, Civil Rights and Personal Injury for Florida on
Q: Can I pursue legal action for cyberbullying and libel against a foreign business targeting me on social media?

I am based in Orlando, Florida, and have been targeted by a business operating out of Toronto, Canada, owned by an individual with South Korean or dual Canadian-South Korean citizenship. The business doxxed me by posting photos from my private Instagram account on Twitter and requested their... View More

0 Answers | Asked in Immigration Law for Florida on
Q: Australian citizen with pending marriage-based adjustment of status seeks re-entry advice after travel on advance parole.

I am an Australian citizen currently on a pending marriage-based adjustment of status in the United States, having entered the country on an ESTA. I married my U.S. citizen husband towards the end of my ESTA validity, leading to a brief overstay while we waited for essential documents. Our marriage... View More

1 Answer | Asked in Real Estate Law and Contracts for Florida on
Q: Do I need a real estate attorney for a valid lease agreement in Florida?

Do I need a real estate attorney to create a valid lease agreement for my rental property in Florida? We haven't had any issues with our current tenant, but I want to ensure we are legally protected. I would like the lease to include specific qualifiers such as no pets, no changes to the... View More

Erik A. Perez
Erik A. Perez
answered on Apr 16, 2025

It is not absolutely necessary, but I would highly recommend having a seasoned Landlord/ Tenant Lawyer review the agreement to avoid any potential issues and include the provisions you referenced. I have drafted and reviewed thousands of them and would be happy to help.

0 Answers | Asked in Civil Rights, Personal Injury and Civil Litigation for Florida on
Q: Can I take legal action for police ransacking my car and towing it without cause?

While my car broke down on a two-lane road with no shoulders, I moved it to a "no parking" area to avoid blocking traffic and left a note stating I would return with jumper cables. Upon returning, my car was towed away. I discovered, through video and witnesses, that two police officers... View More

0 Answers | Asked in Consumer Law and Personal Injury for Florida on
Q: Found cockroach in frozen nuggets; compensation issue

Last Thursday, I discovered a cockroach baked into one of my Kirkwood frozen nuggets purchased from Aldi. Aldi provided a $10 gift card as compensation, but I expressed that it wasn't sufficient. The customer service representative mentioned contacting the manufacturer, but I have not received... View More

2 Answers | Asked in Probate and Real Estate Law for Florida on
Q: Is it too late to file a non-probate will in Florida after 2 ½ years?

I did not file my late husband's non-probate will in Florida because I wasn't aware I needed to. It's been 2 ½ years since his passing. The will primarily involves a car and a house that were in both our names. Our bank accounts were transferred to my name only during a Qualified... View More

Phillip William Gunthert
Phillip William Gunthert
answered on Apr 16, 2025

Yes, it is an affirmative duty to submit the Will to the clerk of the court in the county where your husband resided and yes, a law office can help you with this if you are out of state or otherwise need help. In accordance with Florida Law, the person in possession of the Will (custodian of a... View More

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0 Answers | Asked in Criminal Law and Civil Rights for Florida on
Q: Why was my boyfriend arrested on alleged break-in with inconsistent evidence in Florida?

My boyfriend was arrested due to false allegations made by a neighbor with whom we've had ongoing problems. The neighbor claimed my boyfriend broke into his one-bedroom apartment. According to the arrest affidavit, the investigator observed that the window blinds, not the screen, were pushed... View More

1 Answer | Asked in Business Formation, Contracts and Business Law for Florida on
Q: Forming LLC in Florida with similar name and DBA process

I would like to form an LLC in Florida under the name "Visionaire Enterprise." However, this name is too similar to an existing business, "Visionaire Enterprises," in the state. I am considering using the name "Visionaire Legacy" for my LLC and filing a DBA as... View More

Martin George Prego
Martin George Prego pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 15, 2025

Under Florida law, here’s how your situation would play out and what you need to know and do:

1. LLC Naming Rules

Florida requires that the name of your LLC be distinguishable from any other entity registered with the Florida Division of Corporations. So, if "Visionaire...
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0 Answers | Asked in Criminal Law for Florida on
Q: Arrested for grand theft in Florida, first offense, items $1,063, what to do?

I was recently arrested for grand theft in Florida, even though I didn't leave the store with items valued at $1,063. I'm currently out on bond, and this is my first offense with no prior criminal record. What steps should I take in my situation?

2 Answers | Asked in Estate Planning and Probate for Florida on
Q: Am I required to pay my deceased mother's $2,500 rehab bill through her trust?

My mom passed away in Florida, and her estate is held in trust. I am the trustee and sole beneficiary of this trust. She has an unpaid bill from 2023 for $2,500 related to a stay at a rehab facility, and the facility continues to send this bill monthly. There are sufficient funds in the trust to... View More

Barry W. Kaufman
Barry W. Kaufman
answered on Apr 15, 2025

Yes.

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1 Answer | Asked in Libel & Slander and Personal Injury for Florida on
Q: Can my sister sue me for defamation for leaving a one-star Google review?

I left a one-star review on my sister's Google business without any comment. She texted me, threatening to sue me for defamation and slander. She hasn't taken any legal action yet. Her business has only two reviews: a five-star from another person and my one-star. Can she legally sue me... View More

Charles M.  Baron
Charles M. Baron
answered on Apr 15, 2025

Can she run to the courthouse and file any lawsuit complaint she feels like? Yes. Would it fly? It should not, and it should be tossed out upon an appropriate motion to dismiss. A pure opinion without any false statement is not actionable.

0 Answers | Asked in Health Care Law for Florida on
Q: Is it legal to email a doctor's note on prescription pad to HR?

I'm concerned about the legality of scanning and emailing a doctor's excusal note written on prescription pad paper to the Human Resources department at my job. The note is intended to excuse me from certain activities, not for any prescription drug. Is this a legal way to submit such documentation?

0 Answers | Asked in Consumer Law, Collections and Insurance Bad Faith for Florida on
Q: Legal actions against Aspen Dental for insurance issue

I have been in a dispute with Aspen Dental for over two years due to their repeated submission of incorrect insurance information, preventing my insurance from paying for services. Despite their assurances of submitting corrected information, the issue persists. Recently, in a three-way call with... View More

1 Answer | Asked in Criminal Law for Florida on
Q: Is it legal for a Florida felon to own a modern black powder handgun?

As a convicted felon in the state of Florida, is it legal for me to own a modern black powder handgun? I'm not under any probation or parole conditions, and I'm not aware of any specific circumstances related to my conviction that might affect my firearm rights.

James L. Arrasmith
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answered on Apr 15, 2025

In Florida, even though black powder firearms are often considered antique and are not regulated the same way as modern guns under federal law, state law is stricter for felons. Florida law generally prohibits a convicted felon from owning or possessing any firearm, including black powder guns that... View More

5 Answers | Asked in Car Accidents, Personal Injury and Insurance Defense for Florida on
Q: Can I switch law firms for better compensation from Uber after they stopped communicating?

I was injured as an Uber passenger 56 days ago, and while Uber initially accepted responsibility and filed a claim with their insurance on my behalf, they stopped communicating after I provided my medical records. My current attorney has submitted a demand request, but they mentioned I cannot begin... View More

Stephen Arnold Black
Stephen Arnold Black
answered on Apr 15, 2025

Yes. You are in the driver seat and call all the shots. You can terminate your representation at any time, but the attorney may have a charging Lien if there has already been a settlement offer that he has procured for you from the insurance company. This is known as a quantum meruit lien. However,... View More

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2 Answers | Asked in Family Law and Business Law for Florida on
Q: Is a Florida marriage license valid if not notarized and not recorded?

I obtained a Florida marriage license at the Clerk's Office on 09/21/22, which both my partner and I signed. We had a symbolic wedding abroad, but the marriage license was not notarized or signed by the wedding officiant and was never sent back to the court to be recorded. We have a joint... View More

Rand Scott Lieber
Rand Scott Lieber
answered on Apr 15, 2025

Obtaining a license by itself does not mean that you are married. Florida, like most states, does not recognize common law marriage so how you have lived and the joint bank account are not important. You could do an online search of the clerk who issued the marriage license to see if there is a... View More

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3 Answers | Asked in Business Law, Contracts, Civil Litigation and Real Estate Law for Florida on
Q: Can I recover money or property value from a verbal agreement with my ex-girlfriend for a house I rebuilt in Key West over 6 years?

Do I have any recourse to recover a portion of the property value or monies spent after a split with my girlfriend of seven years? We had a verbal agreement when acquiring a house in Key West seven years ago. She paid for the house in cash ($580k), and I was responsible for rebuilding it. I... View More

James Clifton
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James Clifton
answered on Apr 14, 2025

Yes, you can claim unjust enrichment, constructive trust, resulting trust, promissory estoppel, and partnership, among others. If you have emails or text messages, those constitute a written agreement that can be the basis of a claim in contract as well. We have had success litigating this issue... View More

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4 Answers | Asked in Child Support and Family Law for Florida on
Q: Should I send my high-conflict ex medical bills for counseling co-pay despite potential conflict?

My child's father is court-ordered to pay child support and cover our child for medical expenses. I am responsible for the co-payment and must send the bills to him for reimbursement according to the court-ordered percentage. My child, who is 9, has recently started attending counseling, which... View More

Rand Scott Lieber
Rand Scott Lieber
answered on Apr 14, 2025

Send the bills. First, it is your responsibility through shared parental responsibility to keep the other parent informed about medical issues (which includes therapy). The law is that you do not need the other parent's permission to send the child to therapy so he cannot block it. Worst case,... View More

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1 Answer | Asked in Federal Crimes, White Collar Crime and Criminal Law for Florida on
Q: Can John face legal consequences under 18 USC 956 if recorded murder plans are sent to the US embassy?

I am concerned about a situation involving a friend, John, who has dual citizenship with the USA and another country. John discussed plans to kill someone in the other country (who is not a US citizen) with his friend Chris, who resides there. Chris has been blackmailing John for money, claiming he... View More

James L. Arrasmith
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answered on Apr 13, 2025

Under 18 USC 956, which addresses the offense of conspiring to kill someone in a foreign country, John could face legal consequences if it is found that he made plans or attempts to carry out such an act. Even though the victim is not a U.S. citizen, the law covers U.S. citizens who plan or... View More

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