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Florida Civil Litigation Questions & Answers
1 Answer | Asked in Business Formation, Business Law, Civil Litigation and Contracts for Florida on
Q: Me and my business partner own a bar together. She changed the password to our cameras and removed me from the account.

Is she allowed to do this while we both own the bar? She did it for personal reasons. A bad break up.

Charles M.  Baron
Charles M. Baron
answered on Dec 20, 2024

No, unless you had an agreement providing she has exclusive rights to do whatever she did. In any event, if you are getting a business divorce, consult a lawyer who handles business formation and dissolution issues.

0 Answers | Asked in Civil Litigation for Florida on
Q: Laws aren't being enforced fairly in Florida.

I had to adjust my surveillance cameras to not point at my long driveway because it captured part of my neighbor's yard. I complied. Now the other neighbor has a camera on the fence pointed into my backyard and windows only capturing my yard and home, from a twenty foot pole. Each officer... View More

0 Answers | Asked in Civil Litigation for Florida on
Q: I am a us citizen and I need to know if I can file a civil lawsuit against my bother (no us citizen)

The suit will be becouse of financial ruin. My brother and I own prepoerty outside the us that is worth in excess of 1MM and he has managed to sequester the property for the last 15 years causing me financial ruin

1 Answer | Asked in Civil Litigation and Civil Rights for Florida on
Q: My exboyfriend wont give me my keys to my car could I call pop a lock to make a key if I have the title in my name

The car is next door at his neighbors house

Charles M.  Baron
Charles M. Baron
answered on Dec 12, 2024

I assume you mean that you not only wish to change the vehicle lock, but you also wish to take exclusive possession of the vehicle. Whether you can lawfully do that depends on the facts surrounding the vehicle not currently being in your possession, and you did not provide any of those facts here.... View More

0 Answers | Asked in Criminal Law and Civil Litigation for Florida on
Q: If I'm falsely accused of a crime and a deputy refuses to charge the accuser, can I file a report at the sheriff's dept?

After I refused an Uber Eats delivery and demanded a refund, the driver went to her car, pretended to call Uber to cancel my order while actually calling the cops. She returned with a deputy, pretended to be hysterical and reported that I would not allow her to leave AND demanded payment from her.... View More

1 Answer | Asked in Civil Litigation and Collections for Florida on
Q: Sued someone for personal damages more than $5000 and they never returned informational sheet

How am I able to collect on this judgement? They never showed up to court and the judgment is completely unpaid, info sheet never returned. Im in South Florida Broward County.

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

Any time a defendant does not submit something that's required, the first step is to reach out to the defendant to determine if he/she will comply, and if so, by when. If no cooperation, the next step is to file an appropriate motion with the Court to request issuance of an Order addressing... View More

1 Answer | Asked in Civil Rights, Constitutional Law and Civil Litigation for Florida on
Q: For the USA Constitution 9th Amendment, it should allow an individual person the right to privacy if possible?

Privacy If Possible as an individual right is not mentioned in the other amendments. All aspects of privacy should be mentioned as a way to allow an individual person to choose who or what to associate with. The first amendment addresses consent to join a group or organization. I am wondering if... View More

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

Are you asking just an academic question, or you have a real-life situation that you need assistance with? If it's the latter, you'd need to provide some factual context to obtain any meaningful information. As a purely academic matter, it is the First Amendment that provides freedom of... View More

0 Answers | Asked in Civil Litigation for Florida on
Q: My case was dismissed w/o prejudice.I was the respondent in a stalking case.Days later I was served temp inj. No warning

I made 1 meaningful call to the petitioner 6 days after dismissal to retrieve my passwords. No contact by police after that call giving me orders. Days later, I received a temporary injunction this time, which was a beefed up version of the dismissed case. What should I do? If it was dismissed... View More

2 Answers | Asked in Contracts, Criminal Law and Civil Litigation for Florida on
Q: Dealer won’t give me refund of my down payment even though I never took possession of the car

Hello, I went to a dealership and made a deal on the car they said I could pick it up the next day that next day turned to a week, the car still wasn’t ready. So I decided I didn’t want the car anymore and now they’re refusing to give me back the money I put down is there anything I can do?

Jacqueline Alicia Salcines
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answered on Dec 5, 2024

Hire a lawyer to assist you and get your money back.

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0 Answers | Asked in Civil Litigation, Gov & Administrative Law, Traffic Tickets and Criminal Law for Florida on
Q: I was arrested for the first time over a license suspensionthat I wasn’t notified about.

The officers that arrested me denied my request to be buckled in. As I am 6ft & 300+ibs in cuffs I couldn’t do it or anything really. During the transport I realized we were going really fast I was having to brace for corners and the cuffs were digging into my wrists and back with each bump... View More

2 Answers | Asked in Civil Litigation for Florida on
Q: Could I argue lack of subject matter jurisdiction to get a case from a debt collection agency dismissed?

In the claim, they listed Count 1 $6935, Count 2 and 3 $7586 for a total of $14,521. Both Count 2 and 3 (unjust enrichment claim) list that amount, so the total of the claim is really $22,107. The increased total means the case was opened in the wrong court. Florida, case opened in civil, when it... View More

Barry W. Kaufman
Barry W. Kaufman
answered on Nov 27, 2024

Thr unjust enrichment claim is separate and distinct from any other claims. You don't add them. Even if they made an error, the case was properly brought in county court. The limit in county court is $50,000. Subject matter jurisdiction is not in play.

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1 Answer | Asked in Civil Litigation and Small Claims for Florida on
Q: Can I take an individual to small claims court if they agreed via text message to pay for a concert ticket

I took an individual to a concert and paid for a ticket for them, offering to pay for this ticket. This person verbally agreed to pay me back, and was unaware of the ticket price when being bought. A week later we ended things between us and I demanded the payment back, to which over text message... View More

Charles M.  Baron
Charles M. Baron
answered on Nov 19, 2024

You'd have a valid claim if "offering to pay for this ticket" means that from the git-go, it was an agreement for you to obtain the ticket on the condition he/she pay you back for it. If "offering to pay for this ticket" means making a gift of the ticket, you would not... View More

1 Answer | Asked in Civil Litigation for Florida on
Q: Where do I find the form for filing a motion for new trial in Martin county Florida

I need to file a motion for a new trial based on the based on the fact that the plaintiff attorney went off the rails and closing arguments and called me a con man

Charles M.  Baron
Charles M. Baron
answered on Nov 8, 2024

The Court is unlikely to have a template form for that - but to be certain, ask the Clerk's Office and/or search for all online forms provided by the Clerk of Courts for the 19th Judicial Circuit of Florida. I'd be surprised if they have a motion for new trial form. Your best bet is to... View More

1 Answer | Asked in Car Accidents and Civil Litigation for Florida on
Q: Can employer be liable for damages to a parked employee's car in the parking lot caused by their abuse shelter resident?

Daughter works for an abuse shelter. Her car was backed into and damaged while parked in company parking lot as she was working on the clock. An abuse shelter resident reported hitting the car. Shelter resident says they just recently got driver license back, but has no auto insurance. Suggested... View More

Charles M.  Baron
Charles M. Baron
answered on Nov 4, 2024

In that scenario, the company running the shelter would not be liable for the vehicle damage unless it was somehow foreseeable to the company staff that allowing the resident to drive in the parking lot would create a risk of damage - for example, if the resident had a bad traffic record that... View More

1 Answer | Asked in Personal Injury, Civil Litigation and Libel & Slander for Florida on
Q: In a Florida defamation case, would a defamatory email sent to a fake boss be admissible to argue against good faith?

If a party accused of defamation sent a defamatory email to who they believed was the victim's boss, but this email was sent based on information from a website that the victim put up to see if their defamer would contact their bosses if they stopped being private about who they work for,... View More

Linda Liang
Linda Liang
answered on Oct 28, 2024

This could be a good argument because the "boss" may not count as a third person. Do you have an attorney? The defamation case is super complicated. You may have other defenses based on the fact, such as it is your opinion, you are telling the truth, or you have the privilege to talk... View More

1 Answer | Asked in Civil Rights, Constitutional Law, Civil Litigation and Insurance Bad Faith for Florida on
Q: Is police bias and intimidation reason to sue.

The incident involved 3 separate depts. I was the victim but the other person called since I had no phone.

He stood in front of my car trapping me in a cult de sac. Stating he was about to get a pay check. Then he declared I ran over his foot. He intentionally placed his foot under the... View More

James L. Arrasmith
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answered on Oct 24, 2024

You may have grounds to sue if you believe you were treated unfairly by law enforcement, especially if there's evidence of bias, intimidation, or misconduct. If the police failed to investigate properly, ignored important details like the body cam footage, or treated you with bias due to their... 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

2 Answers | Asked in Contracts, Civil Litigation and Landlord - Tenant for Florida on
Q: Can I be evicted from a motel where I have maintained permanent residency at for almost 1 full calendar year ?

I moved in here December 2023 was offered weekly rates and told we could discuss monthly rates at a later date. After living here almost a year there have been a list of issues and safety concerns brought to the attention of hotel owner/manager and staff, minimal action was taken to address this... View More

Erik A. Perez
Erik A. Perez
answered on Oct 21, 2024

Yes, you can be evicted. However, it must be for a legal reason such as nonpayment of rent, failure to cure a maintenance issue, etc. Based on the information you have provided it, it is possible the landlord has failed to comply with the notice requirements for an increase in rent and/ or has... View More

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1 Answer | Asked in Estate Planning, Civil Litigation and Landlord - Tenant for Florida on
Q: Can Trustee of family trust act as pro-se in law suit against tenant for unpaid rent/damages, without lawyer?

I filed eviction of tenant, as trustee of the family living trust. I was told I could do the simple eviction as a trustee of the family living trust, but I am not allowed, as pro se, to file for an additional complaint demanding unpaid back rent and damages. It said I need a lawyer to do the... View More

Anthony M. Avery
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answered on Oct 18, 2024

Apparently you have already filed for possession and went to Court. The Judge is not going to let you sue for monies. Right or wrong, you are already in the middle of it. Get a Judgment for Possession at the next Court date, and get that occupant out of the Trust's property. I doubt... View More

1 Answer | Asked in Civil Litigation for Florida on
Q: What are my next steps as plaintiff in an efile civil suit filed against a defendant who hasn't complied with a

Preliminary Conference order in NYS Supreme Civil court.

Terrence H Thorgaard
Terrence H Thorgaard
answered on Oct 16, 2024

That is a question of New York law, not Florida law.

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