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Florida Civil Litigation Questions & Answers
2 Answers | Asked in Consumer Law, Copyright and Civil Litigation for Florida on
Q: How do I request a dismissed from this action with prejudice from the FL case 1:23-cv-21976 zuru lawsuit?
Bao Tran
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Bao Tran
answered on Jul 25, 2024

Based on your query about requesting dismissal with prejudice from a Florida case, here are the key steps and considerations:

Understand "Dismissal with Prejudice":

This means the case is dismissed permanently and cannot be refiled.

It's a final judgment on...
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1 Answer | Asked in Civil Litigation for Florida on
Q: It's over 45 days since I have answered my dissolution to marriage I'm just now getting the paperwork in to file a motio

N. Is it going to be too late for me to fall or to get a hearing date for to file the motion for the temporary support

Terrence H Thorgaard
Terrence H Thorgaard
answered on Jul 22, 2024

Normally, very little happens in a case without a hearing. So no, it's probably not too late.

0 Answers | Asked in Civil Litigation for Florida on
Q: It's over 45 days since I have answered my dissolution to marriage I'm just now getting the paperwork in to file a motio

N. Is it going to be too late for me to fall or to get a hearing date for to file the motion for the temporary support

1 Answer | Asked in Civil Litigation, Constitutional Law and Legal Malpractice for Florida on
Q: If my PD made a negligent error on my sentencing sheet that costed me 6 months past my max date in PA DOC do I have case

The Senior Public Defender of Lehigh County PA made a negligent error on my sentencing sheet that costed me 6 months past my max date in PA DOC. My charges were supposed to be concurrent not consecutive. Was supposed to be out 08/27/18 not 01 09 19. I have a letter from my PD stating that she made... View More

James L. Arrasmith
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James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jul 20, 2024

You may have grounds for a legal malpractice claim against your Public Defender if their error resulted in you serving an additional six months in prison. The key aspect is proving that the mistake was due to negligence and directly caused the additional time served. Having a letter from your... View More

0 Answers | Asked in Appeals / Appellate Law and Civil Litigation for Florida on
Q: i need help in vacating a final judgement in a civil litigation in florida

A judgement against me was ISSUED FIVE DAYS AGO. I AM AN ELDERLY MAN WHO can't read. the opposing party claimed she worked for me ( she didnt) and filed a sexual harrasment suit. a few days before i was served i was in an auto accident the totaled my ford excursion as i said i am illeriate and... View More

0 Answers | Asked in Business Law, Civil Litigation and Contracts for Florida on
Q: Can a Developer in Florida buy back parcels "after" reaching the 10% ownership threshold triggering transition to HOA

Developer owned 75 Parcels, now He/she owns less than 10% (7.5) Parcels and has triggered transition period. May the developer buy back parcels to raise his ownership back above the 10% threshold to maintain control of the HOA?

1 Answer | Asked in Civil Litigation and Consumer Law for Florida on
Q: Can I sue an auto body shop for unauthorized use of my vehicle?

After I picked up my car at the body shop, I checked the video recording of the installed dashcam and found out that some employees took a joyride during working hours, on my car and were trying to teach another employee how to drive a manual transmission.

Terrence H Thorgaard
Terrence H Thorgaard
answered on Jul 17, 2024

A civil lawsuit normally requires money damages. Unless there is a statute imposing punitive damages, such a suit for using your car would bring you pennies, at least, so it probably wouldn't be worth your time and expense. Also, the body shop might well contend that it was necessary to see... View More

2 Answers | Asked in Insurance Defense, Personal Injury, Civil Litigation and Insurance Bad Faith for Florida on
Q: Could we be held financially liable if our adult son is on our insurance policy?

We have a 19-year old son who has his own insurance on a paid off car that is titled to a trust that solely has the vehicle in the trust (vehicle trust). However, he lost his job is now not able to pay for insurance. We would like to know if we add our son to our insurance policy and the car... View More

Terrence H Thorgaard
Terrence H Thorgaard
answered on Jul 14, 2024

No, it is unlikely that you could be held liable for having him on your insurance. Liability normally results from negligent action on the part of a driver, not co-insured such as you would be.

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0 Answers | Asked in Contracts, Civil Litigation and Libel & Slander for Florida on
Q: Can you file a civil suit for property against an individual that is an active missing person?

My aunt is an active missing person. There’s an open investigation into her disappearance. A month after her disappearance her boyfriend filed a civil lawsuit for return of original deed on a property he gave her & $50,000 for unsubstantiated battery charges. Is there historic case law... View More

0 Answers | Asked in Civil Litigation and Small Claims for Florida on
Q: What is the best way to file for a car title that my ex and I bought together?

The car was bought on my fiance's credit card. We went to the bank to refinance the car with my name first on the loan to help rebuild my credit. The payments were drafted out of our shared bank account. We broke up. My ex went to the DMV with the original paperwork before the car was... View More

0 Answers | Asked in Consumer Law, Business Law and Civil Litigation for Florida on
Q: Would like a lawyer's feedback on what I believe to be car dealer fraud.

I bought a 2016 car from a FL dealer who falsely advertised the vehicle in Craigslist ad claiming it had a Clean title when later found to state Salvage-Stolen on the title. After the buy I received the title several days later in the mail, just took a quick look and placed it in my files (not... View More

0 Answers | Asked in Civil Litigation for Florida on
Q: The plaintiff in a small claims civil requested jury trial. What are the benefits for the defendant? Pro/cons?

Case is located in Orlando. Ninth district. Small claims civil court.

0 Answers | Asked in Civil Litigation for Florida on
Q: I'm filing a Motion to Dismiss against a stalking injunction my ex brought on me. He defaulted on the injunction.

He said we could do some things together but that wasn't the agreement of the injunction. Will I have a case to dismiss?

1 Answer | Asked in Personal Injury, Civil Litigation, Civil Rights, Small Claims and Health Care Law for Florida on
Q: Is there a law that prohibits a person from entering into a hospital? I received a Cease and desist letter.

I visited an Emergency room as a patient. I was subjected to Blood borne substances, unknown fluids and used bed sheets. When I filed a complaint, an Attorney wrote a letter stating I am not to enter into the hospital until this dispute is investigated. So, in essence am I being denied medical... View More

James L. Arrasmith
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answered on Jun 26, 2024

Based on the information provided, here's an analysis of the situation:

1. Generally, there is no law that broadly prohibits a person from entering a hospital. Hospitals are typically open to the public, especially emergency departments which are required to provide emergency medical...
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1 Answer | Asked in Contracts and Civil Litigation for Florida on
Q: judge wont respond to a motion to reconsider on a civil case. Is the 30 day for appeal clock running.

Civil case for damaged approx $5K Judge awarded $1K Plaintiff motioned for reconsideration and then RE Motioned a second time and the court has not or will not answer the motion. Is the 30 day clock running from the 1st order of judgement for $1k?

Charles M.  Baron
Charles M. Baron
answered on Jun 23, 2024

Your motion is probably not the type of motion that stops the clock for the appeal window, BUT whenever there's a question, "In my court case, is the clock running for me to ____?" or "What is my deadline to ____?", that's an issue that you should NOT rely on online... View More

2 Answers | Asked in Civil Litigation and Landlord - Tenant for Florida on
Q: I NEED ADVICE I LIVED IN A RESIDENCE W/ HOMEOWNER SINCE 2012 SADLY THE OWNER/ passed in feb I was served unlawful detain

I have lived/ here since 2012 with no lease& was not required to pay rent the homeowner was my mentor and just wanted to help me get on my feet, the homeowner passed February 8 of this year he did not have a will I believe it is still in probate the owners brother has not given written notice... View More

Barry W. Kaufman
Barry W. Kaufman
answered on Jun 17, 2024

There is no notice required in an unlawful detainer action. As soon as the homeowner passed away, you had no legal right to remain in the house. You've lived rent free for 4-5 months. Pack up your stuff and leave, because you have no apparent legal defenses based on your post.

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1 Answer | Asked in Civil Litigation and DUI / DWI for Florida on
Q: I was arrested for DUI. The charges were dropped because video shows the officer did not make a traffic stop. Can I sue?

This is not a case of me driving in traffic and a cop observed my driving pattern and made a DUI traffic stop. I was at a motel when an incident occurred with an ex, two males got involved and I left. Because I did not know where my phone was, I went to a parking lot 10 seconds away to look inside... View More

Charles M.  Baron
Charles M. Baron
answered on Jun 17, 2024

Sorry to hear about your ordeal. Your inquiry is unclear regarding the phrase, "arrested me without me knowing". If you're arrested, you'd know it. You would be handcuffed, placed in a patrol vehicle, and taken to a facility for booking. Not sure if you mean you were instead... View More

1 Answer | Asked in Civil Litigation for Florida on
Q: Selling food illegally under a non profit organization.

A non profit City organization holds events once per month where they charge food vendors for attending the event. The money the non profit receives goes to maintain and preserve the city's historical downtown.

90 percent of the food vendors are not licensed by either of... View More

Charles M.  Baron
Charles M. Baron
answered on Jun 15, 2024

Before getting to your question about liability, how about reporting it to your local health department? I would think those folks would be interested, regardless of licensing issues. And if the health dept. takes action, local media may be interested as well. Turning to the liability question,... View More

1 Answer | Asked in Civil Litigation, Collections and Communications Law for Florida on
Q: I have received text messages from this person I not sure if it’s really or not

As of today you have failed to respond to the settlement offers. Our client has attempted to work with you all multiple times. Be advised today we have sent out certified mail to the department of labor. This included the request to attach your bank account and garnish the wages. This will be in... View More

Charles M.  Baron
Charles M. Baron
answered on Jun 11, 2024

The language used indicates that this is very likely a scam, but you cannot get a reliable answer from an online forum as to whether someone contacting you is "real" or not. Since the person says he/she "just emailed your bank", you can contact your bank to inquire about it.... View More

1 Answer | Asked in Criminal Law, Civil Litigation and Small Claims for Florida on
Q: How can I get a phone back from an ex that I pay for still and owe 700 dollars on still and is under my name

He is an abiser and narcissist he also stole battieries and the bsttiery port oit of my belongind and wont rerun that as well

Charles M.  Baron
Charles M. Baron
answered on Jun 10, 2024

If you're talking about theft, you have the option of calling the police. However, if your ex would give them a story contrary to yours about who owns what, the police would likely say it's a civil matter and leave him alone. To have a good set-up for taking action in the civil court... View More

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