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1 Answer | Asked in Contracts for Florida on
Q: Is a contract my wife signed legally binding?

In April of 2022 my wife took our dog to a kennel we had been to before. It was apparently under new ownership and they required a release to be signed. My wife did not read the document before signing and our dog was allegedly involved in an altercation with another dog, who was injured and... Read more »

Charles M.  Baron
Charles M. Baron
answered on Jan 31, 2023

To determine whether a document is a legally binding contract, you must show it to an attorney. This sounds like an indemnification agreement that requires your wife to indemnify (compensate) the kennel if it's sued by the third party. A "release" by your wife would release the... Read more »

0 Answers | Asked in Consumer Law for Florida on
Q: My wife and I purchased a home in 2020 with a 12 month warranty. Issues were verified, but they now refuse to fix.

Two major issues remain, ceiling finish (not flat, obvious ridges at seams), and tile floor not level. Both of these issues were reported within the warranty period and agreed to be repaired. The ceiling was repainted with flat paint, which did not correct the issue. Despite agreeing to revisit... Read more »

0 Answers | Asked in Domestic Violence for Florida on
Q: I’m a victim in a DV case, the defendants attorney is requesting a discovery report. Will they be able to see the body c

Will they be able to see the body cam footage of me speaking to the police about the incident?

0 Answers | Asked in Criminal Law and Civil Rights for Florida on
Q: Does a search warrant need to specify what is being searched for?

For example.. If the warrant states that the property to be searched is to be searched for controlled substances specifically marijuana can they charge you if they find other things

2 Answers | Asked in Estate Planning and Probate for Florida on
Q: If you're not married, would it be best to name a parent or minor child as a beneficiary to a retirement plan?

I need to put a beneficiary for my 457 and pension plan. My son is only 7. My dad is in his 60's and got remarried a few years ago. I want to know if I should use my son as the beneficiary or my father. I would want my son to have everything of mine, but since he's a minor I want to make... Read more »

Phillip William Gunthert
Phillip William Gunthert
answered on Jan 31, 2023

I would encourage you to speak with a Florida Estate Planning Attorney and consider possibly creating a Revocable Trust, the options you have mentioned are problematic because of your dad's second marriage and because your son is so young. If anything happened to you it is likely that your... Read more »

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0 Answers | Asked in Real Estate Law and Tax Law for Florida on
Q: What are the 2022 reporting requirements for inherited property sold in Puerto Rico?

My two siblings and I live in Illinois and in 2022 we sold an inherited property in Puerto Rico for $15,000 ($5,000 ea). Do we each report the $5,000 on our tax returns?

Is the buyer (US citizen) required to report on his tax return the $15,000 purchase he made in Puerto Rico?

Thanks!

0 Answers | Asked in Construction Law for Florida on
Q: Pool company botched pool renovation. They are unwilling to fix the issues. What are my options? I still owe them money.

I hired a pool company to do a resurfacing, change tiles, light, and do a leak detection as the pool was losing water. They subcontracted a company that botched the resurfacing. The pool is still losing water. They refuse to fix any of the issues. I still owe them money. Can they file a lien on my... Read more »

1 Answer | Asked in Tax Law for Florida on
Q: I moved from NC to FL & work/live in FL but haven't changed my drivers license. Will I have to pay NC state income tax?

I recently moved from NC to FL and will be living and working in FL for the next 3+ years while my husband is in school but don't want to change my license and car as we plan to move back to NC at the end of his school. I will not be working or living in NC during this time but I am afraid I... Read more »

Terrence H Thorgaard
Terrence H Thorgaard
answered on Jan 30, 2023

Florida doesn't have income tax. So, the question remaining is whether you still have to pay income tax to North Carolina. Probably not, but to be sure you should ask this question in Justia > Ask a Lawyer > North Carolina > Tax Law.

1 Answer | Asked in Real Estate Law and Landlord - Tenant for Florida on
Q: I was served a writ of possession, and had it stayed by the court, but they lifted the stay does it need to be re-served

What is the procedure now that the appeals court lifted the stay, does a new writ need to be issued, do I get re-served or am I basically going to have the sheriff come anytime now to throw my stuff out, I have movers scheduled day after tomorrow so I don’t need much time but wanted to know if I... Read more »

James Clifton
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James Clifton
answered on Jan 30, 2023

If the stay has been lifted, the original writ can now be enforced by the sheriff. No new writ has to issue or be served. The sheriff will show up when the landlord schedules the writ to be executed. It could be any day now that the stay is lifted.

1 Answer | Asked in Copyright, Personal Injury, Communications Law and Libel & Slander for Florida on
Q: Can another lawyer post things about your case & bash you on social media if they're not your lawyer or on the case ?

There's a Facebook group where there is two Florida lawyers are talking about my case to members of it. They're posting screenshots from pacer about the lawsuit against me and making fun of me when they have no information on this matter, and I haven't been able to prove my... Read more »

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

You actually raise a couple different issues here. 1. Can Court documents available on PACER lawfully be disclosed on social media? Yes, because they're public records, and the fact that the discloser is a lawyer who is not on your case is irrelevant. 2. Can someone lawfully make fun of you... Read more »

1 Answer | Asked in Child Custody and Family Law for Florida on
Q: In a custody case, can the child be living on a yacht without the mothers permission or knowledge

4 years ago my son’s grandparents tricked me into signing over temporary custody by extended family to them (and they live in a different state.)

They have recently moved to a yacht so I don’t have a physical address of my child. And they are also refusing to let me visit him. I want... Read more »

Rand Scott Lieber
Rand Scott Lieber
answered on Jan 30, 2023

This response is only based on Florida law. You need to return to whatever court issued the order that the grandparents have custody. Whether by your agreement or not, you need to ask the court to change the order and return custody to you. The rest of your questions will resolve after you take... Read more »

1 Answer | Asked in Gov & Administrative Law for Florida on
Q: Can a 617 Board Member Post about the Affairs Of the Corporation on a Website That Is Not Administered By the Board

Former and Current Board Members Are Posting on Web Sites [NOT ADMINISTERED BY THE BOARD] about the Corporation Internal Affairs, Including, but Not Limited to []- NEXTDOOR []- ORLANDO TRILOGY RESIDENTS (CASCADES/GROVELAND RESIDENTS, PAST AND PRESENT) []- OFFICIAL CASCADES OF GROVELAND RESIDENTS... Read more »

Charles M.  Baron
Charles M. Baron
answered on Jan 29, 2023

Interesting issue, which I don't have expertise in, but my somewhat-educated guess is: Regarding the issue of disclosure itself, without regard to whether it causes damage to the corporation, the answer to your question may depend on whether your corporation has a written confidentiality... Read more »

0 Answers | Asked in Criminal Law for Florida on
Q: I was let go on self-defense how long does the prosecuter have to make a decision on if I’m going to be charged or not?

Assuming no new information comes out. Should I still be looking over my shoulder? The situation happend 4 months ago.

1 Answer | Asked in Criminal Law and Civil Rights for Florida on
Q: I was let go on self-defense how long does the police have to make a decision on if I’m going to be charged or not?

I was never arrested, I was taken in for questioning and was let go the same night. I didn’t have to bail out.

Jonathan Blecher
Jonathan Blecher
answered on Jan 29, 2023

Prosecutors will make that decision.

0 Answers | Asked in Landlord - Tenant for Florida on
Q: What are tenants' rights in Fl when both parties agree to renew and have still not gotten a new lease before lease exp?

Recently, the unit I am renting was sold. The new property manager told me they would renew my lease when it was up. I asked for the new lease back in December, as my lease ends on January 31st, and was told I would have it soon. As of today, January 29th, I have not yet received a new lease nor... Read more »

0 Answers | Asked in Employment Law and Employment Discrimination for Florida on
Q: I work at a labor hall and arrive at 9:00am per request and return on a company van at 1:40am. Pay=10 hrs. Is this legal

The labor hall in Daytona Beach requested I arrive at 9am and sent everyone to the speedway beginning at the same time in two company vans. Our assignments were given by the third party in the parking lot and we were shuttled in. We arrived at the same time and waited hours to get assignments and... Read more »

0 Answers | Asked in Criminal Law and DUI / DWI for Florida on
Q: My boyfriend was wrongfully arrested for dui stating he was driver when he was not he was a passenger there were inj

Injuries. His friend was the driver and admitted it but cops targeted him he's innocent they wouldn't go back to enhance camera to get clear picture of driver. His friend admits to being the driver but won't take his statement what can I do to help him he's on SSD don't have money for crimes lawyer

0 Answers | Asked in Contracts, Real Estate Law, Banking and Construction Law for Florida on
Q: What type of lawyer should I look into?

I have a written and signed contract from a pool company. We got notice from the bank it was time for the next draw of money; the bank supplied us with an attached email from the pool company which included a completely different contract. The contract had been copied, rewritten, crossed out,... Read more »

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