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 »
Months ago, code enforcement officer gave violation notice to homeowner who was decreasing value of our neighborhood by violating an ordinance. Homeowner continued to violate ordinance; code enforcement was called again. This time the code enforcement officer sided with the violator for no good... Read more »
answered on Mar 19, 2023
First discuss with the head of code enforcement, and if no result, discuss with the local government head administrator (could be mayor or could be city/county manager) and/or the elected official representing your area on the local commission/council.
A potential legal action route might... Read more »
Now I was told it's a civil matter but he has my vehicle and he did not have permission to do any of the work on it
answered on Mar 18, 2023
F.S. 559.921: If, in any proceeding brought pursuant to this part, it is determined that the repairs and costs thereof were in fact authorized, orally or in writing, the repairs were completed in a proper manner, and the consumer benefited therefrom, then the enforcing authority may consider such... Read more »
The Court is respectfully denying the relief sought as a matter of law. The parties are asked to confer on an order for submission to the Court through the order portal in CourtMap for review and consideration.
What does this mean? Thank you
answered on Mar 17, 2023
Simple - the Court denied the motion and requested the parties to confer on the language of the order for the Court to enter, then upon reaching agreement on the language, electronically submit the proposed order via the CourtMap portal, the Miami-Dade Court system's electronic portal for... Read more »
UPDATE: I can't find where to respond to answers, so I will try to clarify better. There was a court order to both parties in the case to cease all public/private communications about the other in all forms, directly or indirectly, during active litigation. In the meantime, defendant filed... Read more »
answered on Mar 17, 2023
Make a Motion to Vacate the Stay, and return to the State Court or have your counsel provide the information of the Contempt to the Trustee and present same to the bankruptcy Court
UPDATE: I can't find where to respond to answers, so I will try to clarify better. There was a court order to both parties in the case to cease all public/private communications about the other in all forms, directly or indirectly, during active litigation. In the meantime, defendant filed... Read more »
answered on Mar 17, 2023
I agree with Mr. Nachbar's answer as a potential strategy, but your issue depends on what the party was held on contempt for and of course whether you are a listed creditor in the bankruptcy case. If the only reason for the contempt is failure to comply with post-judgment (collection)... Read more »
If someone is holding a lawful and peaceful protest on a sidewalk, then 1 individual person comes and throws glass at police & otherwise does disorderly and unlawful actions, are police able to deem the entire protest unlawful and disperse it? Can 1 protestor's actions represent the entire... Read more »
answered on Mar 14, 2023
To answer this question, you must put yourself in the shoes of the police officers - that is how a Court would analyze it should the police action be challenged. (By the way, I have handled many police misconduct cases representing victims of false arrest, excessive force, etc., and I've been... Read more »
This person is a 71 year old woman. I'm worried if she gets into a crash or dies before she pays me in full and I transferred title over to her will I have a problem with getting either the car back or the money back depending on either scenario? What will I need to ensure that I get my... Read more »
answered on Mar 14, 2023
Do not sell your vehicle on an installment basis. Sell it for a lump sum and get the title transferred immediately. You will not have any right to recover your vehicle. This is a terrible idea which you should abandon. If she can't or won't pay you lump sum, cancel the deal.
Can I sue remitly for not delivering money on time ? And for all the hardship caused to the receiver, and all the stressed they caused me dealing with agents and supervisor in some others country that don't even speak English correctly to understand what they say... I escalated the issue and... Read more »
answered on Mar 12, 2023
The first issue here is whether Remitly breached its contract with you. You agreed to a set of terms and conditions, probably by clicking on a box on-line. You must read those terms and conditions. They might contain waivers of liability for delays, and they probably contain language on... Read more »
THEY ILLEGALLY FILED FOR A DEMO ORDER THE ATTORNEY SAID THEY WOULD REMOVE WITH FOCE MY FAMILY. ONES 10 FIRST TIME SHES HAD A DECKED OUT BY GRANDPA BEDROOM. AND ACROSS THE STREET FROM US. SO HER LIFE IS STABLE GRADE ARE MAXED AND I KEEP THIS NEIGHBORHOOD PROPER. I HELP ANYONE CLEAN UP WHAT SOME NOT... Read more »
answered on Mar 11, 2023
It sounds like you are in a very difficult situation. If you feel that a county government agency is targeting you unfairly, you may want to consider seeking legal assistance to help protect your rights and interests.
Here are some steps you can take:
Consult with an attorney: A... Read more »
I am a signer, but have no ownership rights. Also they are asking for his personal accounts, which I am not on either. I do not have any bank accounts at this time. My minor children have savings accounts. Please help me
answered on Mar 6, 2023
Has your former husband filed a Supplemental Petition For Modification?
Have you been served?
Was there a Marital Settlement Agreement ?
Note Child Support is always modifiable as long as the child has not reached the age of 18 or 19expected to graduate High School by age 19... Read more »
My apartment complex is telling me that I can not have someone spend the night for more than 3 days a month. But, this is not what the lease says.
It states : “ Other than residents and authorized occupants, no one else may occupy the apartment. Guests are not permitted to stay in the... Read more »
answered on Mar 5, 2023
As I read your post, the complex is right. The lease apparently reads "Guests are not permitted to stay in the apartment for more than (3) consecutive days without [their] prior written consent." Is the problem the fact that the "(3)" isn't really filled in?
answered on Mar 2, 2023
This is a question & answer forum; what is your question? If it's, "How can I find the right kind of attorney", you may the "Find a Lawyer" tab at the top of this Justia page, or contact the Florida Bar Lawyer Referral Service (which you can find online). If... Read more »
case info on this question is as follows. Case # 2:2017cv00098
For this issue has the statue of limitations expired yet?
The cause of action for this is: 42 U.S.C. § 1983
answered on Feb 28, 2023
The statute of limitations bars the FILING of civil cases after the expiration of the limitations period. Once the case is filed, there is no longer a statute of limitations issue. However, other deadlines then come into play under the Federal Rules of Civil Procedure and the Court's... Read more »
I have decided not to ask for expenses from the defendant and would like to close case instead.
onto our side of the fence and it's damaging our belongings and could potentially get us injured or killed if we are standing near the impact of the tree. also let me mention that the trees that fall down often break our fence slowly, we have tried asking them to cut them or something but they... Read more »
answered on Feb 13, 2023
Your neighbor is liable for any dead tree or limb from their property that falls onto your property and causes damage. You may trim any limb or root from a tree or vegetation that extends onto your property whether living or dead. You need to make sure you determine exactly where the property line... Read more »
Molestation by mom boyfriend at 13
answered on Feb 8, 2023
Very few personal injury lawyers are willing to accept cases involving intentional acts like assault and battery because of concerns about the collectibility of any judgment.
Insurance policies uniformly have “intentional act” exclusions. Public policy usually precludes insurance or... Read more »
It is important to know what Treaty Florida uses to sell land.
answered on Feb 7, 2023
Hi, there is more information needed to answer this question properly. The State of Florida can acquire properties in foreclosure for unpaid taxes and other surplus lands pursuant to the Murphy Act. Please provide additional information.
My bitter ex is countersuing me after kicking him out of the house I solely own. He has no justification or proof of his claims. After 6 years, he placed a Lis Pendens on my property in December and we were just awarded a Lis Pendens bond, which he will not be able to acquire and the Lis Pendens... Read more »
answered on Feb 4, 2023
Interesting issue, but your post is very puzzling. If your ex is suing you with counts of unjust enrichment and equitable lien, I imagine he has an attorney either representing him or advising him (if he's not an attorney himself), and if so, how can he afford that if he has no income or... Read more »
My friend & I like to design & create sports cards of wrestlers from different companies both past and current using images (png) we find online from whatever website has what we're looking for, then using an app on our phone we assemble & alter/manipulate (color/brightness etc)... Read more »
answered on Feb 25, 2023
It is not legal to use images that you find online without permission from the copyright holder. Even if you manipulate them to create a new product, you could still be infringing on the original creator's rights. If you want to create sports cards using images of wrestlers, you should obtain... Read more »
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