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Florida Civil Litigation Questions & Answers
1 Answer | Asked in Civil Litigation and Civil Rights for Florida on
Q: a neighbor has their camera pointing directly in the backyard, for malice purposes (spying on us). Is this legal?
Charles M.  Baron
Charles M. Baron answered on May 17, 2022

Might or might not be. If it's pointed in a direction that would be considered legitimate security purposes for protection of their property, and simultaneously captures a portion of your back yard (and nothing whatsoever inside your home), it may be legal, regardless of motive. However, if... Read more »

1 Answer | Asked in Civil Litigation for Florida on
Q: Where is the application for a director seeking reimbursement of expenses?,
Terrence H Thorgaard
Terrence H Thorgaard answered on May 13, 2022

Not every problem people encounter has an official form by which they may seek a remedy. If you are the director of a corporation seeking such reimbursement, begin by writing a coherent letter to the treasurer, CEO, board of directors, etc. If this doesn't work, ask an attorney what to do next.

0 Answers | Asked in Personal Injury, Civil Litigation and Nursing Home Abuse for Florida on
Q: While in rehab facility my sister's pain medication was being stolen, bigwigs came in fired all the thieves. Case??

Trying to convince my sister she has a case. While she was in a rehab facility here in Jacksonville last month, after a 14 hour total spine fusion surgery, when the night staff came in to give her her pain medication they would only give her one pill, and she was supposed to be getting three. the... Read more »

1 Answer | Asked in Civil Litigation for Florida on
Q: Can you file a civil suit without a person's name but with only their address?

My neighbor falsely made a 911 call saying that I pulled a weapon on her. She basically admitted in the police report that she lied. I want to file a civil suit, but I don't know her name only her address

Terrence H Thorgaard
Terrence H Thorgaard answered on May 11, 2022

Perhaps you could name her in the suit as "Jane Doe", and amend your complaint when you know who she is, but unless you have been damaged (in monetary terms) what would you sue her for?

2 Answers | Asked in Civil Litigation, Contracts, Real Estate Law and Estate Planning for Florida on
Q: Dispute POA

My father lives in Florida. I live in California.

He added my name and my brothers name to the deed of his condo (no mortgage) in 2017.

In 2021 my brother passed away. In March 2022 my brothers widow was given POA over my father and added herself to the Quitclaim deed without my... Read more »

Terrence H Thorgaard
Terrence H Thorgaard answered on May 11, 2022

And you want to know whether the power of attorney and the deed can be annulled, and you can examine the bank accounts? You need to retain a Florida attorney for the purpose of adjudicating your father incompetent as of the date of the POA.

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1 Answer | Asked in Car Accidents and Civil Litigation for Florida on
Q: I was in a hit & run, and the other driver pulled off. Can a lawyer find them, or should I contact my insurance?

I was involved in a hit & run car accident on Friday, May 6. I was driving my Land Rover, and a Toyota Corolla rear ended me. She pulled over for a few minutes, but pulled off before the police arrived. I have a clear photo of her license plate. My land rover has $1000’s in rear end damage.... Read more »

Terrence H Thorgaard
Terrence H Thorgaard answered on May 11, 2022

GEICO knows about it, so it is doubtful that failing to "put a claim on [your] insurance" would save you any money. You should ask GEICO to pay the claim; if they do, they may want to try to find the identity of the Toyota's owner, and file suit against her.

0 Answers | Asked in Civil Litigation, Family Law and Child Custody for Florida on
Q: Can my mother be held in contempt not obeying a Florida standing pre-trial administrative order?

My mother-in-law has filed for temporary custody of my BF minor child. In the summons that was delivered to my BF there is a Florida standing pre-trial administrative order # 2016-00-01 and which paragraph 3 states that both parties are to share PARENTING & the time of spent with the child.... Read more »

0 Answers | Asked in Civil Litigation and Civil Rights for Florida on
Q: 316.183(2) -UNLAWFUL SPEED (IF NO SPEEDS INDICATED) - EXCEEDING SPEED LIMIT no speed indicated. Can I beat this charge?

I sped by a police cruiser while in traffic. I was not speeding. The officer did not like the way I passed him and weaved through traffic lanes.

There is no report on the amount of speed I was traveling. Would I be able to contest this in court and beat the charges.

1 Answer | Asked in Bankruptcy and Civil Litigation for Florida on
Q: post judgement order

have order from 2014 (thru Atlanta Bankruptcy Court) where defendant owes me 4995.00 could never find defendant but recently found out he lives in Tenn now (original order is from Atlanta Ga). Can I still fight for this judgement even though it was from 2014? Defendant owes me 4995.00 and i... Read more »

Jane Kim
Jane Kim answered on May 3, 2022

Sounds like that debt was discharged in bankruptcy. You'd want to double check the bankruptcy case. If your debt was listed and bankruptcy was granted, then the debt was discharged. This means you cannot collect on it anymore.

0 Answers | Asked in Civil Litigation, Family Law, Child Support and Civil Rights for Florida on
Q: Pro Se Litigant in a Child Supt action: need to know if the "under color of the law" applies to the Florida Dept of Rev

I am filing an as applied Constitutional Challenge re De Process violations, failure to notify of Driver's License Suspension (3x) or provide a hearing as requested (3x), false notice and fraudulent amounts noted (breach of fiduciary responsibility and care - DOR has twice now reported an... Read more »

0 Answers | Asked in Civil Litigation for Florida on
Q: I stay in Florida I was selling my car for 1500 I told him he can check it out but nottake my vehicle but he paid me140

1400*He short me 100 he also did not leave the money in my possession he left it with my sister 40 mins away from me can I take my car back since he short me then he eventually sent me 100 thru Zelle to make it 1500 but I didn’t want it I only took it because I didn’t want to be out of 1500 and... Read more »

0 Answers | Asked in Civil Litigation for Florida on
Q: Thanks for the information. None of those steps happened. Was never contacted by anyone.

But just found out they place a personal judgement on me , without asking me for any money. Can I do anything now with this judgement that was placed on February 2020.

1 Answer | Asked in Civil Litigation, Health Care Law and Medical Malpractice for Florida on
Q: Is it legal or would I leave myself open to civil lawsuits to publicly tell a story involving patients from my job

I'm an experienced healthcare worker and I'd like to publish my experiences. Is it legal to tell stories about patients without mentioning any types of identifying patient information? I would keep names, ages and locations out of it.

Jane Kim
Jane Kim answered on Apr 22, 2022

If you are an "experienced" healthcare worker then you are familiar with the term "deidentifying protected health information (PHI)." If there is no way to track back and identify the patients you are describing then you are fine.

0 Answers | Asked in Criminal Law, Civil Litigation, Government Contracts and Identity Theft for Florida on
Q: An old friend of mine was arrested in Polk County Florida for obtaining a title with false paper work also GTA.

Now his disposition reads warrant withdrawn what does that mean

1 Answer | Asked in Appeals / Appellate Law and Civil Litigation for Florida on
Q: How can I appeal in Small claim for someone other than the judge to judge

He would not hear me shutting me down when I speak, won't listen to my proof in evidence and disregards my accusations against the plaintiff

Were i am stating laws that plaintiffs has broken and the iied that she has and is inflicting,he goes yelling that there isn't nothing that... Read more »

Terrence H Thorgaard
Terrence H Thorgaard answered on Apr 19, 2022

It appears that your main problem is that you are talking out-of-turn. The order of speaking is often over-looked by many pro-se litigants.

The plaintiff is supposed to speak and call witnesses first. The defendant should not interrupt or attempt to present his/her side of the story...
Read more »

2 Answers | Asked in Civil Litigation, Consumer Law and Real Estate Law for Florida on
Q: Can I sue for false verbal advertisement in regards to a community for the purpose of selling a house?

Good evening, about two years ago we bought a house on a new HOA community that was still being built. When we were looking at homes, we wanted somewhere that was kid friendly and had a playground for kids. We were assured by the seller that the sales office was going to be a clubhouse with a... Read more »

Terrence H Thorgaard
Terrence H Thorgaard answered on Apr 6, 2022

No. Contracts to purchase real estate must be in writing. The assurance you got, not being in writing, is not enforceable.

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1 Answer | Asked in Consumer Law, Civil Litigation and Civil Rights for Florida on
Q: I have a mold infestation since October along with many other issues. I want to sue, they have been sued before for same

The company is Dasmen Residential and they have not done anything to cure the mold infestation that is constantly gradually getting worse everyday. Can I bring a lawsuit against them for inhumane conditions?

Jane Kim
Jane Kim answered on Mar 28, 2022

You should contact a lawyer directly. Lawyers aren’t showed to solicit your business.

Good luck.

1 Answer | Asked in Civil Litigation for Florida on
Q: Laws for inheritage a housse from spouse and father

Father left two children in Chile and remaried in Florida USA and had another child. Before he died the house appear under him and his new wife name but after he died the house appear under the wife and son name without mentioning the name of his two children from his first marriage. that he left... Read more »

Terrence H Thorgaard
Terrence H Thorgaard answered on Mar 26, 2022

It is unclear what you mean by "after he died the house appear under the wife and son name". An attorney should look at the deed to see whether any interest in the house belongs to his estate. Assuming he didn't have a will, any such interest would be divided; half of that interest... Read more »

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