answered on Mar 23, 2023
In general, yes, assuming that by "restrain" you mean the use of non-deadly force. Florida Statute 776.031 provides, in pertinent part, that
"(1) A person is justified in using or threatening to use force, except deadly force, against another when and to the extent that... Read more »
The order states the Plaintiff (me) is to task the mediation.
The sea dip never got the reservation stating they don’t even know how I rented the room. They say they have private owners, but no way of who rented the room. The phone number on file kept going to voicemail and they said they didn’t know who that was and hotels.com never refunded my money.... Read more »
answered on Dec 24, 2022
File your arbitration case.
As stated in Hotels.com’s terms and conditions of usage:
“Arbitrations will be conducted by the American Arbitration Association (AAA) under its rules, including the AAA Consumer Rules. The AAA's rules are available at www.adr.org or by calling... Read more »
My former tenant sued small claims for return of security deposit, Pinellas County Florida. In mediation, we agreed I would return part of the deposit ($600) and he would dismiss the suit. I paid the $600 within the assigned time frame. I have a copy of the check he cashed. Yet he refuses to... Read more »
I have agreed to pay a certain amount by october 29 2022 but my creditor wants to impose a 50% penalty if the payment is even one day late. is that legal?
answered on Aug 21, 2022
Legitimate private creditors can impose any "late penalty" they want. They do it to make sure they get their money back from you.
BTW, if you complain to the creditor about this policy it will make it look like you are intending to be late, which is why the creditor charges a 50%... Read more »
I'm a citizen of Florida. A Brazilian company I was a partner in was stolen by forging my signature when I was out of the country. That company is now trading on the NYSE (with my forged signature). I sued and won in Brazilian Arbitration Court under UNCITRAL treaty. The judgment was to... Read more »
answered on Aug 4, 2022
There are a few distinct issues involved in your inquiry: the recognition of a Brazilian Arbitration Award and the attachment of US Company assets. (In order to answer, I will of course assume all the facts you stated are true unless they are contradictory.)
Even before reaching the... Read more »
I was summoned to court as a witness the app that they provide to me was glitchy and unable to function properly also the helpline that was provided on the summits went to call center they were also unable to answer any of my questions and could not help me with the app what are my options if they... Read more »
answered on Feb 8, 2022
At the contempt hearing you testify about your problems with the ap. You will need to be able to persuade the judge that you did everything you could to obey the subpoena.
This is a civil action for supposed monies owed, since 2012. I do need to respond. I've lived in Florida for going on 3 years.
answered on Jan 30, 2022
Yes, the Pennsylvania court may very well have jurisdiction, assuming you were properly served with process under Pennsylvania law. Ask your question in Justia > Ask a Lawyer > Pennsylvania, specifying what you mean by "sent by mail". Many jurisdictions have provisions for service... Read more »
I sold my property to a corporation. Everything cleared and closed through title. Now HOA is sending me an Agreement to Mediate, stating that the HOA does not allow the property owner to be a corporation. Shouldn't this have been caught by the title company, and never gotten to closing? What... Read more »
answered on Dec 15, 2021
Typically, HOA receives a copy of the sale and purchase contract prior to closing in order to respond with a letter confirming if there are any outstanding dues do and if there are any special assessments, etc. and to do a credit check on the new owners. Therefore, the HOA must have been on notice.
answered on Dec 2, 2021
HOA rules attach legal fees. Unless that lawyer feels bad for you, you'll be expected to pay the past due amount plus legal fees. Sorry.
Extensive damage occurred in my house after work was done by a company. The damage was undetected for almost four years due to its location. Once found, expensive repairs were required. Three outside specialists confirmed the cause of damage was the poor workmanship. The company refuses to pay any... Read more »
answered on Nov 16, 2021
You ask a very good question and one that I have been asked many times. An arbitration provision is valid even if the contract involved fraud. In other words, simply because fraud was involved in the transaction, that does not void the manner in which you have agreed to resolve the dispute. This is... Read more »
I'm currently waiting for video footage from gas station across the street with a camera pointing directly at the only entrance/exit of my complex as well as video footage from the clubhouse via property manager that must be passed to get to my unit. Also, I plan to voluntarily ask the court... Read more »
answered on Sep 27, 2021
Yes, that is certainly possible based on what is essentially alibi evidence. Get in contact with an attorney to represent you on the VOP and discuss this with them.
I had an issue with a torque converter and was told by 2 different mechanics that I might as well get a whole rebuilt transmission. In a matter of 2 weeks, I had to take my car to the mechanics 4 times. First to replace my bad transmission with a rebuilt one, then to service it, the to replace it... Read more »
answered on Jul 5, 2021
You need to find a couple of experienced mechanics to give you expert opinions as to there has been any foul play. Let them put their opinions in writing. After that, you can bring it to a commercial litigation attorney for a consultation as to whether it pays to sue them.
And not by court action except as provided by Florida law for judicial review or arbitration proceedings.
Any court having appropriate jurisdiction may either judgment upon the award rendered by the arbitrator(s). Filing a judicial action to enable a recording of the notice of pending... Read more »
answered on Jun 11, 2021
If you don't understand the arbitration verbiage in the contract, have an attorney explain it to you. It basically means that, if there is a dispute over the contract, you will have to arbitrate the dispute instead of filing a lawsuit. See:
https://en.wikipedia.org/wiki/Arbitration
Association:
And not by court action except as provided by Florida law for judicial review or arbitration proceedings.
Any court having appropriate jurisdiction may either judgment upon the award rendered by the arbitrator(s). Filing a judicial action to enable a recording of the... Read more »
answered on Jun 11, 2021
You are correct that it's an arbitration clause, requiring legal disputes to be resolved in an arbitration proceeding rather than a court. Certain businesses like such clauses in their contracts in order to have disputes resolved in a less costly fashion and to prevent claims from being... Read more »
I was in a relationship and during the course of the relationship, I took out a car loan and bought a car. I have been making monthly payments on the car and I paid the initial processing fees. My ex boyfriend's name is on the title for the car and he used to receive upkeep for the car... Read more »
answered on May 27, 2021
You are both owners of the vehicle as you are both on the title. If you are the only one who signed the promissory note to purchase/pay for the vehicle, then you are the only person legally responsible for the vehicle. He is correct in that he does have an ownership interest in the vehicle. If... Read more »
I left the house to her and car. 401k was built up while I was paying the mortgage.
She didn't list it on the divorce agree
answered on Apr 16, 2021
You need to look carefully at your marital settlement agreement. If you knew about the 401k when you got divorced then you had an obligation to bring it up. On the other hand, if she hid it from you then you might have a case for fraud. Finally, seven years later is a long time and may be held... Read more »
The closing was on a property unrelated to this case. We are a couple not married owning a house together and I hired a lawyer for a demand letter and mediation since I want to sell and the other party wants an uneven split of proceeds. However this lawyer did a closing for the other party years... Read more »
answered on Mar 12, 2021
I believe the lawyer can represent you if the lawyer gets the informed consent of both parties to the mediation.
My dad has 2 daughters from ex and 2 daughters from 1st marriage to my mom. Mom passed away 10yrs ago and he hasn’t remarried. He had a brain aneurysm and is on a wheelchair and can’t speak. He only says my name, aha & no. His other 2 daughters took him out of the nursing home we had him... Read more »
answered on Feb 23, 2021
Isn't it obvious? You write that "he doesn’t have an appointed guardian. " So file an application to be appointed guardian.
I booked and paid for a hotel and the reservation was guaranteed and confirmed. When I got to the hotel, hotel was not operational for about a year. No substitute was offered
answered on Feb 14, 2021
I haven't consulted hotels.com's terms and conditions on their website, however, a contract cannot exclude gross negligence (which is the case most likely) or fraud (which would have required them to have actually known the hotel was not operating) without a knowing waiver.
I have... Read more »
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