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Florida Questions & Answers
0 Answers | Asked in Business Law, Contracts and Real Estate Law for Florida on
Q: What are my legal options if the previous owner took back the truck after towing?

I traded a motorcycle for a truck in Florida and received a bill of sale along with the signed back of the title. However, I failed to transfer it into my name. About a month later, the truck was towed. The previous owner showed up, paid the towing company, and took back the truck, telling me... View More

1 Answer | Asked in Landlord - Tenant, Domestic Violence, Family Law and Real Estate Law for Florida on
Q: How can I evict my partner, who is unemployed and emotionally abusive, from my Florida home?

I own a house in Florida, and I need to evict my emotionally abusive partner, who is also the father of my child. He has been living with us since I bought the house, and he pays rent on time, which covers his portion of our child's expenses. He has been with us for most of the last 13 years,... View More

Andrey Mangushev
Andrey Mangushev
answered on Jun 13, 2026

Your situation involves important overlapping areas of Florida law — landlord-tenant law, domestic violence protections, and parental rights — and the path forward depends heavily on which legal framework you use. As the sole owner of the home, you do have the right to pursue eviction under... View More

1 Answer | Asked in Estate Planning, Family Law and Elder Law for Florida on
Q: How can I protect my father and his estate from my manipulative brother in Florida?

I am the trustee of my father's estate in Florida. My brother, who shares our father's name, is verbally abusive and manipulative. He is attempting to take control of our father's assets by falsely representing himself as our father. My father is 92, in declining health, and now my... View More

Andrey Mangushev
Andrey Mangushev
answered on Jun 13, 2026

As trustee of your father's trust in Florida, you already hold a legally significant position under Chapter 736, Florida Statutes (the Florida Trust Code), which gives you the authority — and the duty — to protect trust assets and to act in the best interests of the beneficiaries. However,... View More

1 Answer | Asked in DUI / DWI and Employment Law for Florida on
Q: Will my 70-year-old dad face prison for a second DUI in Florida?

My dad, who is nearly 70 and is likely addicted to alcohol, has received a second DUI charge in Florida with a BAC over 0.15. His first DUI was also in Florida and occurred over five years ago. For his first offense, he completed community service, an online course, and had a breathalyzer installed... View More

Andrey Mangushev
Andrey Mangushev
answered on Jun 13, 2026

A second DUI conviction in Florida with a BAC of 0.15 or higher carries significantly enhanced mandatory minimum penalties under Fla. Stat. § 316.193(3)(b), and the situation you describe — a prior Florida DUI plus a new charge with an aggravated BAC — places your father in a category where... View More

1 Answer | Asked in Landlord - Tenant, Contracts and Real Estate Law for Florida on
Q: Can a defendant recover attorney fees under Fla. Stat. 83.48 when standing is the issue?

Can a prevailing defendant recover attorney fees under Fla. Stat. 83.48 if the plaintiff lost the case due solely to a lack of standing? In my situation, I had a power of attorney from my father to manage his rental property where I also reside. The plaintiff challenged my standing based on the... View More

Andrey Mangushev
Andrey Mangushev
answered on Jun 13, 2026

Florida Statute § 83.48 provides that in any civil action to enforce a lease or defend the obligations imposed by Chapter 83, the court may award attorneys' fees to the prevailing party. The critical issue in your situation is whether a plaintiff who loses the case solely on standing grounds... View More

1 Answer | Asked in Legal Malpractice and Civil Litigation for Florida on
Q: How to handle a Florida attorney refusing to correct discovery documents?

What can I do about an attorney in Florida who is acting abusively by refusing to remove incorrect information from discovery documents? I have already requested corrections to these documents, but the attorney has not complied and has responded in a manner I find abusive. What steps can I take... View More

Andrey Mangushev
Andrey Mangushev
answered on Jun 13, 2026

What you are dealing with — an opposing attorney in a Florida civil case who is refusing to correct materially incorrect information in discovery documents — implicates both the Florida Rules of Civil Procedure and the Rules Regulating the Florida Bar. Under Fla. R. Civ. P. 1.380, if a party or... View More

2 Answers | Asked in Family Law, Probate and Real Estate Law for Florida on
Q: Do we need probate for my father's will in Florida?

My father recently passed away, and his will designates everything to my brother, who is also named as the executor. My father was the sole owner of an old paid-off car and a home with an outstanding mortgage. His name is the only one listed on the mortgage and deed. However, he was married a year... View More

Barry W. Kaufman
Barry W. Kaufman
answered on Jun 12, 2026

Yes, you must probate the Will. Retain a probate attorney.

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1 Answer | Asked in Estate Planning, Probate and Civil Litigation for Florida on
Q: How to resolve unauthorized guardianship and missing trust assets?

I am the trustee, daughter, and principal beneficiary of my father's estate, who passed in 2007. Since his death, there have been several changes to my mother's trust, with the last amendment made when she was not mentally competent. I have supporting evidence, including police reports... View More

Barry W. Kaufman
Barry W. Kaufman
answered on Jun 12, 2026

You will need to retain a lawyer. This is much too fact intensive and complicated to deal with online.

1 Answer | Asked in Employment Law for Florida on
Q: What actions can I take if wrongly accused of missing cash at work?

I work as a sales associate at 7-Eleven in Florida, and after a recent night shift, I was informed over the phone by my boss that $300 was missing from the register. They reviewed the security footage and confirmed that I did nothing wrong, but despite this, my job is on the line, and I am... View More

Andrey Mangushev
Andrey Mangushev
answered on Jun 13, 2026

The situation you are describing — being suspended without formal documentation after security footage confirmed you did nothing wrong — raises several important legal questions under Florida employment law. Florida is an at-will employment state, meaning an employer can generally terminate an... View More

2 Answers | Asked in Real Estate Law and Landlord - Tenant for Florida on
Q: Who is responsible for window repair in a Florida condo?

I live in a condo in Lee County, Florida, and during heavy rainstorms, water enters through my bedroom window due to an issue with the muntin bar. I'm on the second floor, but I have not yet reported this issue to the condo association, nor have I attempted any repairs since I discovered it... View More

Terrence H Thorgaard
Terrence H Thorgaard
answered on Jun 12, 2026

Normally the owner, you or whoever you rent from, would be responsible for repairs. It's unclear what you mean by " muntin bar".

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1 Answer | Asked in Landlord - Tenant, Personal Injury, Civil Rights and Real Estate Law for Florida on
Q: What legal actions can I take against my landlord for allowing a dangerous tenant?

I'm in Florida, and my landlord failed to conduct a background check on a new tenant, who turned out to be a felon on probation. He has reportedly been dealing drugs, brandishing a gun at residents, and stealing, with these issues ongoing for approximately 8 months. Despite being informed, my... View More

Terrence H Thorgaard
Terrence H Thorgaard
answered on Jun 12, 2026

If your landlord wants to rent to a convicted felon, that is her business. You cannot sue her for that.

1 Answer | Asked in Civil Litigation, Contracts and Personal Injury for Florida on
Q: How can I reclaim my vehicle and seek damages if a customer is unlawfully withholding it over a deposit dispute in Florida?

I drove my personal vehicle to a customer's house to pick up his vehicle for custom work. This customer lives a few hours away and is a regular client of my business. The plan was to work on his truck, return it, and drive my car back home. However, the arrangement fell through due to a money... View More

Andrey Mangushev
Andrey Mangushev
answered on Jun 13, 2026

What you are describing — a customer unlawfully withholding your personal vehicle as leverage in a civil dispute over a deposit — is a serious legal matter in Florida, and the law provides meaningful remedies. Under Fla. Stat. § 78.01, you have the right to file a replevin action in Florida... View More

1 Answer | Asked in Traffic Tickets and Criminal Law for Florida on
Q: How can my sister clear a TN bench warrant while in FL?

My sister had her driver's license suspended in Tennessee 14 years ago due to a traffic violation. She did not pay the associated fee or appear in court, resulting in an active bench warrant. She has since moved to Florida and wants to clear her record to obtain a driver's license there.... View More

Terrence H Thorgaard
Terrence H Thorgaard
answered on Jun 12, 2026

She should pay the fine and any other related late fees.

1 Answer | Asked in Consumer Law, Energy, Oil and Gas and Tax Law for Florida on
Q: How to recover $20,000 solar rebate promised as income tax credit? What to do about system maintenance?

I am trying to recover $20,000 that was promised as a rebate for installing solar panels after 18 months. Originally, this was supposed to be a direct payment, but it turned out to be an income tax credit that we've yet to receive. When we called for assistance, we were redirected to another... View More

Andrey Mangushev
Andrey Mangushev
answered on Jun 13, 2026

What you are describing has the hallmarks of a consumer fraud and deceptive trade practice claim under the Florida Deceptive and Unfair Trade Practices Act (FDUTPA), § 501.201 et seq., Florida Statutes. If the solar company promised a $20,000 rebate or income tax credit as a material inducement... View More

1 Answer | Asked in Civil Rights, Gov & Administrative Law and Real Estate Law for Florida on
Q: Can I fight my HOA's denial of fence installation on medical grounds?

I want to install a backyard fence because I have COPD and Emphysema, which makes it incredibly difficult to walk my dog, especially in the Florida heat. My HOA denied my request without giving a reason. I observed that other houses in my neighborhood have fences of varying heights and materials. I... View More

Andrey Mangushev
Andrey Mangushev
answered on Jun 13, 2026

Your situation involves a significant intersection of HOA covenant enforcement and disability accommodation law in Florida. Under the Fair Housing Amendments Act (FHAA) and Florida's Fair Housing Act, § 760.23, Florida Statutes, HOAs are required to grant reasonable modifications to rules and... View More

Q: How can I find pro bono mediation for employment discrimination issues with Regal Cinemas?

I am a Fort Myers, Florida resident experiencing employment discrimination issues related to my previous interactions with Regal Cinemas, headquartered in Knoxville. Regal warned me against frequent communication, which affects my attendance at movie theaters. I attempted to resolve my concerns... View More

1 Answer | Asked in Divorce, Child Support, Tax Law, Business Law, Real Estate Law and Family Law for Florida on
Q: Is ex-wife responsible for marital debt in Florida divorce?

My son, who resides in Florida, is responding to a summons for divorce. During their marriage, he started his own business, which initially did well, but now it's struggling financially. His wife, a school teacher, moved out 10 months ago and hasn't contributed to the mortgage, HOA, or... View More

Barry W. Kaufman
Barry W. Kaufman
answered on Jun 12, 2026

I appreciate your concern, but you are seeking legal advice on behalf of someone else. Were an attorney to give you advice and you passed on that advice, that could arguably be construed as you practicing law without a license. That's a felony in Florida.

Rather than you asking legal...
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1 Answer | Asked in Divorce, Child Support, Tax Law, Employment Law and Family Law for Florida on
Q: Can my son's ex-wife be responsible for tax debt in FL divorce?

My son and his wife are getting divorced in Florida. They co-own a house, but she moved out 10 months ago and hasn’t contributed financially since, while he’s been paying nearly $400 monthly for health insurance for both himself and their six-year-old daughter. His wife is a school teacher, and... View More

Vanette Augustin
Vanette Augustin
answered on Jun 12, 2026

HI

In Florida Equitable Distribution of Assets and debts can go based on two dates. Generally, the primary way is all assets and debts from date of marriage to date of filing for the dissolution of marriage. Under the statute, (chapter 61), a judge has discretion to divide from date of...
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1 Answer | Asked in Criminal Law, Civil Rights and Civil Litigation for Florida on
Q: Can I sue for wrongful detention after charges were dismissed in Florida?

I was arrested in Florida for possession of ammunition and spent approximately 60 days in jail before being bonded out. The charges were dismissed before a trial date occurred. This experience has left me fearful to leave my house due to anxiety about potentially being jailed again. Additionally, I... View More

Barry W. Kaufman
Barry W. Kaufman
answered on Jun 12, 2026

You can sue anyone for anything, but the fact the charges were dismissed does not mean that you have a cause of action. The State's Attorney has wide latitude on which cases to bring to trial; its possible that there simply wasn't enough evidence to take the case to trial; which does not... View More

2 Answers | Asked in Child Custody and Family Law for Florida on
Q: Can I file a motion for temporary relief to maintain contact after child's relocation?

My 8-year-old child was relocated from Florida to Arkansas by his mother without prior notice. I'm still in Florida and found out about the move via an email on June 2nd, which she labeled as a 'notification of relocation.' We shared equal time with our child and I'm on the... View More

Andrey Mangushev
Andrey Mangushev
answered on Jun 12, 2026

Under Florida's Relocation Statute, Fla. Stat. § 61.13001, a parent with a custody agreement or court order is prohibited from relocating a child more than 50 miles from the principal residence without either written consent of the other parent or a court order specifically authorizing the... View More

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