Ask a Question

Get free answers to your Business Law legal questions from lawyers in your area.

Lawyers, increase your visibility by answering questions and getting points. Answer Questions
Florida Business Law Questions & Answers
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
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
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.

Q: Can Miami dade fire department enforce a law on a bussiness when previous years did not do it without any prior warning?

Hi I own a six 6 bed adult living facility in Miami Florida since 2019.This is a women minority own business. I have been licensed by Agency for Health Care Administration (AHCA ) and every year have been inspected by Miami-Dade Fire Rescue Department. I have been passing all my inspections. This... View More

John Michael Frick
John Michael Frick
answered on Jun 27, 2024

Under the facts described, whether you have a valid case depends on the language of any warranty provided to you but probably not.

Contractors are generally required to comply with Code, for example by making sure that the windows comply with size requirements. Suing a contractor,...
View More

1 Answer | Asked in Real Estate Law and Business Law for Florida on
Q: If a special meeting is called to remove a board member, do we still need the majority of the community vote in writing?

Florida statute 718.112 says 10% of the voting interest can call a special meeting to remove a board member. Would this be instead of the writing agreement? Who will approve or deny the request?

John Michael Frick
John Michael Frick
answered on Jun 24, 2024

The 10% threshhold is simply to call a special meeting. You still need to ensure that a quorum attends the meeting and that a majority of those voting votes in favor of removing the board member (unless your HOA by-laws required a super-majority).

1 Answer | Asked in Business Law, Copyright, Civil Rights and Intellectual Property for Florida on
Q: as a photographer can photos of people in a public space be added to my website without the permission of the person?

as a freelance photographer, do i really need someones permission to add the pictures i take in a public setting to my website? or would this not be allowed for any reason?

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jun 19, 2024

As a photographer, you generally have the right to take photographs of people in public spaces without their permission. This is based on the legal principle that there is no reasonable expectation of privacy in public places. However, there are some important considerations and potential... View More

1 Answer | Asked in Business Law for Florida on
Q: can a lawsuit be brought to a company based in england?
Tim Akpinar
Tim Akpinar
answered on Jun 4, 2024

A Florida attorney could advise best, but your question remains open for a week. If there is a valid basis for a lawsuit, a lawsuit probably could be filed. The big question could be where. In the UK might be a natural guess. However, it would help to know more about the company's operations,... View More

1 Answer | Asked in Consumer Law, Contracts and Business Law for Florida on
Q: I live in Brevard County, Florida. I'm married. My wife is in the Brevard County Jail waiting a trial date.

There is also an Injunction against her. She can't come near me, or our home, or our car for five years. She and I are joint owners of the car. I need to sell, or trade it, but the Injunction clearly states that we can have no connection of any kind during the period of the Injunction. So, as... View More

Linda Liang
Linda Liang
answered on May 7, 2024

Have you thought of hiring an attorney to talk to her? Also, I do not think while she is not allowed to approach you, you going near her is considered violation.

1 Answer | Asked in Business Law and Civil Litigation for Florida on
Q: Can I file a writ of replevin to recover property that does not have a title? For example, electronic equipment ?
Charles M.  Baron
Charles M. Baron
answered on May 5, 2024

Sure, if you can prove ownership. Examples: proof of purchase, photo of it being in your possession, credible witness testimony.

2 Answers | Asked in Appeals / Appellate Law, Business Law, Civil Litigation and Bankruptcy for Florida on
Q: Is it possible to overturn a civil judgement thats been given final approval? can u sue a person and a business?

owner and business names in civil judgement- never received court documents until case decisioned. judgement given against owner and company together. Need help. does business chapter 11 bankruptcy negate this? can you sue both? is there any instance the owner or S corporation become judgement... View More

Martha Warriner Jarrett
Martha Warriner Jarrett pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 29, 2024

A bankruptcy filing does not negate a state court judgment although, if you do not have any non-exempt assets, it may discharge the debt. If you were never served with the lawsuit, you might be in a position to challenge the judgment in that court that issued the judgment. You should consult a... View More

View More Answers

1 Answer | Asked in Banking and Business Law for Florida on
Q: Business partner removing owner from bank account without permission.Whose is responsible ?

Wife of manager shows up at bank with affidavit ( husband terminally ill ) and manage to remove majority owner from account without owner’s consent. Owner cannot access funds. Who is responsible ?

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 21, 2024

In this situation, there are potentially several parties who may be held responsible:

1. The wife of the manager: If she falsely represented herself as having the authority to remove the majority owner from the account without proper consent or legal grounds, she could be held liable for...
View More

1 Answer | Asked in Tax Law and Business Law for Florida on
Q: Can a local business refuse to accept a Certificate of Exemption (Florida) for a 501c3 nonprofit?

I’m on the Board with a federally recognized 501c3 nonprofit, we have a consumers certificate of exemption for the state (Florida). We have been in operation for over a decade, and use our exemption certificate frequently to buy supplies for the nonprofit.

When I went in to purchase some... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 16, 2024

Based on the information provided, it appears that the business owner may be misunderstanding their obligations when it comes to accepting a valid Florida Certificate of Exemption for a 501(c)(3) nonprofit organization.

According to the Florida Department of Revenue, a properly completed...
View More

1 Answer | Asked in Banking, Business Law and Consumer Law for Florida on
Q: Can a company issue a refund for a disputed charge and then after the refund is received, make a new charge for it?

I received a refund for a disputed charge and then without warning or them contacting me in anyway, they posted a new charge for that amount. Keep in mind I waited a few months before I touched the refund, I was worried that it was just a provisional amount so I waited their processing time, and... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 21, 2024

It is generally not appropriate for a company to issue a refund for a disputed charge and then make a new charge for the same amount without prior notice or agreement from the customer. This practice could be seen as deceptive and may violate consumer protection laws.

However, there are...
View More

1 Answer | Asked in Business Law for Florida on
Q: Can a Non-Profit organization have the President's Sister and Nephew sit on the board of directors and achieve Quorum?

I would like to know if a non-profit organization is compliant with IRS requirements for a 501(c)(3), if the board of directors is comprised of the

President, their sister, and their nephew in order to achieve quorum and be in compliance with 501(c)(3) regulations. Assume a scenario where... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 15, 2024

Having a non-profit organization's board of directors comprised of the President, their sister, and their nephew raises concerns about private inurement and conflict of interest, which could jeopardize the organization's 501(c)(3) status.

Scenario 1: No compensation for board...
View More

1 Answer | Asked in Real Estate Law, Business Law, Civil Litigation and Civil Rights for Florida on
Q: Is a civil suit viable? HOA deleted surveillance video I asked them to save. It would have proved my son was innocent.

We pay monthly HOA fees for amenities, which include security via video surveillance. My son is facing criminal charges and the events that occured were caught on these cameras. This footage would prove the allegations are false. I emailed the HOA asking them to save it. No response. I also went... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 26, 2024

In situations where evidence crucial for legal defense is destroyed or deleted, especially after a request has been made to preserve it, you might have grounds for a civil case. This would particularly apply if the deletion of the surveillance video directly impacts a legal proceeding, such as... View More

1 Answer | Asked in Business Formation, Business Law, Trademark and Intellectual Property for Florida on
Q: I'm starting a online viral Aromatherapy service and would like to know if a business trust is possible to setup.

I would also like to know if a phase that is the business name should be trademark

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 15, 2024

Starting an online aromatherapy service is an exciting venture. Regarding your question about setting up a business trust, it's indeed possible. A business trust can manage the business's assets and operations, but the specifics can vary widely based on your location and business needs.... View More

2 Answers | Asked in Business Law, Civil Litigation and Constitutional Law for Florida on
Q: If I authorize someone to conceal carry on private property, am I legally responsible if someone is injured or killed?

Our church (private property), if we have safety team members who will be permitted to carry their firearms, are we legally obliged if they discharge their firearm and injure someone, or are they responsible?

Terrence H Thorgaard
Terrence H Thorgaard
answered on Mar 12, 2024

They would be responsible, as always, to conduct themselves in a reasonable manner. Unless you have cause to suspect that your safety team members are likely to do otherwise, you would not be liable. It would be a good idea to see that they have taken a firearms safety course and to make sure the... View More

View More Answers

1 Answer | Asked in Employment Law, Business Law, Constitutional Law and Employment Discrimination for Florida on
Q: The person who interviewed me for a position ended up being the person who accepted the position. She never disclosed it

I interviewed for a position at a company in Florida. The person who interviewed me later in the process that they had decided to hire someone internal to fill the position. She accidentally accepted my LinkedIn request and 2 months after I interviewed she changed her position to state that she had... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 10, 2024

While the situation you described may be unethical and unprofessional, it is not illegal.

2 Answers | Asked in Business Law and Civil Litigation for Florida on
Q: I left an honest negative review online of a business and when my wife went in the owner threatened her. Is this legal?

I left a 1 star review and the owner was confrontational with my wife over it and told her he didn't want her back. How is this not against the law? I have freedom of speech and what I wrote was the truth.

T. Augustus Claus
PREMIUM
T. Augustus Claus pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 1, 2024

In Florida, while you have the right to leave an honest review about a business under the protection of freedom of speech, the owner's confrontational behavior towards your wife could potentially raise legal issues, depending on the specifics of the confrontation. If the owner's actions... View More

View More Answers

1 Answer | Asked in Employment Law, Business Law, Federal Crimes and Health Care Law for Florida on
Q: Can I file a suit for insurance fraud against my ex-employer?

I was terminated on 12/15/2023. The day before I needed to be taken to the ER via ambulance, and made a claim on my employer provided medical insurance. Normally i would be paid via direct deposit by paylocity, the companies payroll company, yet I was mailed a hand written paper check. A couple... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 27, 2024

If you believe your ex-employer has committed insurance fraud by misrepresenting your termination date to deny a legitimate insurance claim, you might have grounds to take legal action. The situation you described, where premiums were deducted from your paycheck but the benefits were denied due to... View More

1 Answer | Asked in Agricultural Law and Business Law for Florida on
Q: What is FL law on refunds for nonprofit events?

A FL nonprofit org hosted a music festival April 2023. It was cancelled due to inclement weather, with promise of refund. There has been avoidant and lack of communication on the process. In June 2023 they said they are waiting on their insurance claims to process to disburse refunds, but in... View More

Tim Akpinar
Tim Akpinar
answered on Feb 10, 2024

A Florida attorney could advise best, but your question remains open for two weeks. Until you are able to consult with a Florida attorney regarding any applicable state laws for non-profits, I'd guess that your situation is basically a straightforward contract matter. If the provisions of the... View More

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.