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Florida Business Law Questions & Answers
1 Answer | Asked in Contracts, Employment Law and Business Law for Florida on
Q: What can i do for a contract and work issues, because me and my wife got pregnant

Me and my wife have a business issue with our partners.

We purchased 25% stack from a company and we work there too, we get 1099 for paychecks, W2 from the company, and dividend in wire transfer.

We get pregnant and now the other partners say we break the contract and they dont... View More

Linda Liang
Linda Liang
answered on Nov 14, 2024

This does not make sense. Dividends are profit shares disturbed to investors. I can't imagine how pregnancy relates to an investor's entitlement to profit share. You need an attorney to tell them that it is a breach of an investment agreement if they fail to pay you, and there will be... View More

0 Answers | Asked in Business Law, Consumer Law and Contracts for Florida on
Q: Q: What florida statutes, warranties, or case law can buyer of defective used car claim against a private seller mechani

to rescind the sale or have mechanic seller fix the used 8year old Durango truck where the seller represents to buyer that the truck is in good condition and the next day the truck's engine and air bag lights are going on and he tells her it's just the catalytic converter, also, seller... View More

1 Answer | Asked in Business Formation, Business Law, Internet Law and Trademark for Florida on
Q: Is a fictitious name registration required for Florida LLC's when they only use it for marketing?

I just registered an LLC in florida which has a different name than the name of my website. Do I have to register a fictitous name for that website name, even though I'm not using it for any formal business interactions like contracts and banking?

the website name is only used for... View More

James L. Arrasmith
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answered on Oct 25, 2024

Yes, in Florida, if you operate your LLC under a name different from its official registered name, you generally need to register a fictitious name. This applies even if the alternate name is only used for marketing, branding, or displayed in your logo. Registering ensures that the public is aware... View More

0 Answers | Asked in Business Law, Civil Litigation, Consumer Law and Contracts for Florida on
Q: How long are car dealerships required to retain a copy of the contract if a pre-approval loan was not fully approved?

In my case, the dealership claimed that my pre-approval loan was declined due to unemployment after a month. They also claim they no longer have the contract or loan documents because the contract was voided and the loan was canceled. They keeping my down payment but Is it true that they are not... View More

1 Answer | Asked in Business Law, Civil Litigation, Personal Injury and Civil Rights for Florida on
Q: Business roped off the entire sidewalk and parking places on street while waiting to work on roof.

Pedestrians now must walk in road in traffic path, as even the curb areas are roped off. This is downtown. I called to see how long they anticipate the sidewalk being inaccessible and they told me however long it takes them and to just walk around it (in street with 30 mph speed limit and stuff... View More

James L. Arrasmith
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answered on Oct 21, 2024

It's frustrating when sidewalk access is blocked without clear timelines. Typically, businesses need permits from the city to restrict public pathways, and these permits usually have time limits. If the work hasn't started or is taking excessively long, it might violate local regulations.... View More

0 Answers | Asked in Contracts, Employment Law, Business Formation and Business Law for Florida on
Q: Can patients follow me?

I’m a therapist and was just let go from a therapy clinic. I am starting my own private practice and have patients who have reached out to me and was to continue services with me. I did not have a non compete agreement with my previous employer. I am worried about potential legal repercussions if... View More

0 Answers | Asked in Business Law, Civil Litigation, Contracts and Employment Law for Florida on
Q: What are my legal options if there was an employment breach of contract regarding unused accrued Vac/PTO.

Family company bought out, but no new handbook given by new employer. Have an email stating I had 172 hours of accrued vacation/PTO would be honored until late 24/25 when would change to "use it or lose it." Prior handbook states unused accrued vac/pto would be paid with proper notice.... View More

1 Answer | Asked in Consumer Law, Business Law, Collections and Small Claims for Florida on
Q: I paid for scooter parts online, but never received parts. what should be next step? less than $200 more than $100

gave plenty of time for delivery. sent email giving them a deadline (even gave more time on that) after waiting almost two months.

Erik A. Perez
Erik A. Perez
answered on Oct 9, 2024

You can send them a demand letter notifying them they have a certain time frame to deliver the goods or you will be filing suit on that date. Realistically, it is not worth filing a lawsuit for an amount under $200, so the demand letter should be used as a tool to begin negotiations. Additionally,... View More

1 Answer | Asked in Business Law for Florida on
Q: What license(s) would I need if I were to create a budget app (business) like mint.com and/or monarchmoney.com?

This is for the business (not the app per se). For example, FINRA licenses, securities licenses, etc. This business would not distribute or take money for securities. Nor would it offer any debt holding like a bank or credit card. It's strictly for a person (user) to look at all their income... View More

Erik A. Perez
Erik A. Perez
answered on Sep 26, 2024

I do not believe there is any license needed to create an app. If you intend on creating a business from the app, you will need to register with the Department of State and obtain a tax ID number.

2 Answers | Asked in Business Formation and Business Law for Florida on
Q: Hi,I'm Onur and I'm based in Turkey. I want to form an LLC in Florida, is there any ways that I can do that as a foreign

Is there any way that I can form an LLC as a Turkish citizen. I am not a US citizen, can I form an LLC there and if yes; how's the process goes and what are the prices, tax info et.?

Erik A. Perez
Erik A. Perez
answered on Sep 24, 2024

Yes, regardless of your citizenship, you can create a Florida corporation. There are only a few requirements to do so. They include, but are not limited to, registering the corporation with the Florida Department of State, registering with the IRS to obtain a tax identification, and submitting a... View More

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2 Answers | Asked in Copyright, Business Formation, Business Law and Trademark for Florida on
Q: Can I create a magazine with the name Pulse
Giselle Ayala Mateus
Giselle Ayala Mateus
answered on Sep 11, 2024

Creating a magazine with the name "Pulse" may involve potential trademark issues, as the name is quite common and could already be in use by other entities in various industries. Trademark law is designed to protect brand names and logos that are used to identify goods and services. If... View More

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1 Answer | Asked in Business Law, Civil Litigation and Employment Law for Florida on
Q: I was held at knifepoint at my last job. Is there anything I can do to be compensated for me having to leave my job?

I had to leave because the guy who held me at knifepoint was the favorite employee and kept his job. I did file a complaint to HR which they finally fired him after I left, however in between that time I was continually scheduled with my attacker and forced to work with him. For about a week I was... View More

Charles M.  Baron
Charles M. Baron
answered on Sep 9, 2024

Though you resigned, it might be considered to be a "constructive discharge" due to you having no choice but to leave. If you are eligible for reemployment assistance (unemployment comp) based on how long you worked there, see if you can apply for such assistance based on constructive... View More

2 Answers | Asked in Consumer Law, Tax Law, Banking and Business Law for Florida on
Q: I have a client that wants to ask for 100k financial, buy my product for 70k, and wants me to retunrn to him 30k.

Not legal right? Which are the laws I can show him that this is not compliance?

Tim Akpinar
Tim Akpinar
answered on Sep 12, 2024

Depending on the intent with which it would be done, it could be ordinary common law fraud - which could involve numerous state statutes, depending on context, industry, and other factors. Good luck

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1 Answer | Asked in Business Law, Employment Law and Sexual Harassment for Florida on
Q: Hello I am currently about to go into litigation for my sexual harassment case against my former emloyer

Since the lawsuit has been filed in Florida state court can my former small business employer (over 50 employees but under 100 employees) have my case dismissed if he went out of business and is now doing business under a different LLC and a different owner?

Terrence H Thorgaard
Terrence H Thorgaard
answered on Sep 8, 2024

No, the former employer can't have your case dismissed simply because he is no longer doing business as before.

1 Answer | Asked in Business Law for Florida on
Q: If I have one final hearing in my case, but I am missing evidence from the other side, can I still compel discovery

The final hearing is an evidentiary hearing

Erik A. Perez
Erik A. Perez
answered on Sep 17, 2024

The answer depends on the substance of evidentiary hearing and the case management deadlines. If the the discovery deadline has passed, then you may not be able to compel the production of evidence. Nevertheless, most courts require disclosures of the exhibits prior to an evidentiary hearing, as no... View More

1 Answer | Asked in Consumer Law, Business Law, Landlord - Tenant and Small Claims for Florida on
Q: Can I get my application fee back if the application was not complete?

I applied for an apartment and was asked to pay an application fee of $290. Later the management team had a server change and I was asked to pay the application fee again. It was $60 this time. I paid another $60 because the front desk said they could refund the money back through bank or credit on... View More

Erik A. Perez
Erik A. Perez
answered on Sep 17, 2024

Yes, you appear to have a viable claim against the management company. There are several causes of action that seem applicable. I think you need to apply some pressure, as I'm not sure what their intention was, but the optics aren't great for them and this could be seen as stealing. I... View More

2 Answers | Asked in Contracts, Business Law, Civil Litigation and Communications Law for Florida on
Q: How should I respond to being threatened by another company's VP?

I was threatened by another company's VP for "willfully and wrongfully withholding payment" and he stated that " it will fall on me and word is going to spread in the industry" if I do not pay an invoice that is 5 years old. I started working at the my company 5 months ago... View More

Cesar Mejia Duenas
Cesar Mejia Duenas pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Aug 22, 2024

The situation you describe involves potential legal claims related to defamation and coercion. Here’s how you might approach this:

(i) Slander and Defamation: Slander refers to a false spoken statement that damages a person's reputation. If the VP's statement that you are...
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1 Answer | Asked in Business Law for Florida on
Q: Can a person be an employee and their business be a consultant for the same business simultaneously?
Joseph Raymond Schwantes
Joseph Raymond Schwantes
answered on Aug 6, 2024

Unless there is any language in your employment contract that would prohibit this, then there should not be any problem. Your employer is free to both hire and contract for your services if it wishes, although I would assume that the employer knows that you are the principal of the contractor.

1 Answer | Asked in Contracts, Tax Law, Business Law and Mergers & Acquisitions for Florida on
Q: Buying an LLC - how do I protect myself from lawsuits for issues prior to the purchase? Am I liable for unfilled taxes?
James L. Arrasmith
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answered on Jul 31, 2024

When buying an LLC, it's important to conduct thorough due diligence to uncover any potential liabilities, including lawsuits and unpaid taxes. Start by reviewing the company's financial records, contracts, and any ongoing or past litigation. It's wise to hire a legal professional to... View More

1 Answer | Asked in Business Formation and Business Law for Florida on
Q: How much does it cost for necessary paperwork to be able to operate a food trailer in Palm Beach Florida?

What would an attorney charge me to aquire lisence/permits for food trailer?

Jennifer Newton
Jennifer Newton
answered on Jul 15, 2024

The costs involved for the required licenses and permits can vary depending on several factors, such as specific local regulations and the type of food services you plan to offer. To provide you with an accurate estimate, we recommend scheduling a consultation with an experienced attorney.

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