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Florida Civil Litigation Questions & Answers
0 Answers | Asked in Civil Litigation for Florida on
Q: Small Claims via zoom. Plaintiff was a no show.Judge dismissed and sent failure to prosecute case dismissed.letter to me

Seven days later same case # new court date. Said plaintiff was unable to log on or call for court. I’m thinking already ruled. Plaintiff should have to file a new case and pay court cost.

1 Answer | Asked in Civil Rights, Civil Litigation and Personal Injury for Florida on
Q: What is the civil statute of limitations for the victim of attempted murder in Florida?

I was the victim of a stabbing about 20 years ago. It still mentally affects me to this day. It has also affected where I would be financially, my work progress and status, and my overall quality of life. The perpetrator was caught quickly since I knew him and was placed in a mental facility for... View More

Charles M.  Baron
Charles M. Baron
answered on Sep 21, 2023

Sorry to hear about your ordeal. I can tell you generally what the limitations period would be in a situation like this, but any question on the limitations period for an incident causing damage to you is a question asking for specific legal advice to rely on - which cannot be answered in this... View More

1 Answer | Asked in Civil Litigation and Family Law for Florida on
Q: How do you find out if someone filled a court order against you? It would have to be a family member.
Destardes Moore
PREMIUM
Destardes Moore
answered on Sep 19, 2023

To find out if someone has filed a court case against you, particularly if it involves a family matter, you can search your name on the clerk of court website in the county where you reside or where the cause of action occurred. This should provide you with the necessary information.

1 Answer | Asked in Civil Litigation for Florida on
Q: Is sending an arrest report that is truthful, public information to someone’s employer stalking in Florida?

My brother and his wife have harassed me repeatedly. They claim that I sent an arrest report to his wife’s employer. The arrest report was entirely accurate and all public information, but they call it stalking.

I had not seen this woman in nearly five years. The email they cited does... View More

Charles M.  Baron
Charles M. Baron
answered on Sep 19, 2023

Your inquiry is unclear as to whether you are in domestic violence court or in a lawsuit for money damages, or both. In any event, where you can get help is (A) this website, by clicking on the Find a Lawyer tab at the top left, then searching for a lawyer in your geographic area who handles the... View More

0 Answers | Asked in Civil Litigation for Florida on
Q: Can I take possession of my sister’s ashes if her daughter has been incarcerated?

Sister had 2 daughters. The 2nd daughter was given the ashes by the funeral home. Now, this daughter is incarcerated here in Florida and has left my sister’s ashes with her aunt on her father’s side of the family and her parents have been divorced for many years.

1 Answer | Asked in Civil Litigation for Florida on
Q: can you sue in small claims court Florida for events created leading up to an injury for an amount = to hospital costs?
Terrence H Thorgaard
Terrence H Thorgaard
answered on Sep 15, 2023

Yes, you can sue (up to the $8,000 jurisdictional limit in small claims court) for medical injuries sustained by you and resulting in hospital charges.

2 Answers | Asked in Civil Litigation, Small Claims and Personal Injury for Florida on
Q: can you sue in small claims court Florida for events created leading up to an injury
Charles M.  Baron
Charles M. Baron
answered on Sep 15, 2023

You inquiry is vague as to what you mean by "events created...". If you have been damaged/injured by the unlawful act of another, you can sue in small claims court for up to $8,000 plus court costs, and in some types of cases, attorney's fees and prejudgment interest are awardable... View More

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1 Answer | Asked in Consumer Law and Civil Litigation for Florida on
Q: My wife crashed our car in September 2022, my insurance paid around 24K to a local bodyshop but my car it's not fixed

I already did a police report around 3 weeks ago but nothing has changed, this September 22 will be a year that I am making my car and insurance payments and my main concern is that it is a lease car I have 1 year left and I don't have a car, the repair bodyshop took the money and never fixed my car

Charles M.  Baron
Charles M. Baron
answered on Sep 15, 2023

You need to either schedule a consultation with an attorney or contact a government consumer protection agency. For the latter, you can dial 311, the Miami-Dade County switchboard, and say you need to make a consumer complaint, or contact the Fla. Dept. of Agriculture and Consumer Services.

1 Answer | Asked in Civil Litigation for Florida on
Q: What will be my right or what’s the legal advise when a neighbor to close to my patio smoke cigars and marihuana ?
Charles M.  Baron
Charles M. Baron
answered on Sep 9, 2023

First step is to try to amicably resolve the problem. Have you spoken to the neighbor about how bad the smoke makes you feel? Beyond that, you have two separate issues, the cigar, which is legal, and the marijuana, which is illegal in Fla., unless in use under a medical prescription. One option... View More

0 Answers | Asked in Banking, Civil Litigation, Contracts and Arbitration / Mediation Law for Florida on
Q: I have a question I had well over 12 different charges of $36 per charge on my credit card how do I go About litigation

I have already asked a credit card several times to refund the money and filled out several fraud alert, affidavits, and they have not listen to me, and I’ve shown them proof that it was fraudulent charges that I did not make because all the charges were made in one day for $36 for 12 times.... View More

0 Answers | Asked in Consumer Law and Civil Litigation for Florida on
Q: Hello. I hired a contractor to resurface driveway and then he said he does pools also

He told me to empty the pool. He came and did a horrible job. Avoided my calls immediately after.

Then due to the extreme flooding that affected Broward County (in April) my pool popped out the ground.

Do I have a case against this company?

1 Answer | Asked in Family Law, Civil Litigation and Divorce for Florida on
Q: Is it illegal to deliberately delay a court ordered settlement payment.

I'm disabled and the ex-wife was ordered to divide the pension 50/50. She knows I need to retain an attorney in another matter and is deliberately delaying releasing the money until I lose my case.

Rand Scott Lieber
Rand Scott Lieber pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Aug 24, 2023

A well drafted agreement or order should have a deadline for payment. A delayed payment is not 'Illegal" but depending on when it was due, you can file a motion for enforcement and contempt. Speak with a local family lawyer for more specific advice.

3 Answers | Asked in Personal Injury and Civil Litigation for Florida on
Q: Q: If a civil case has been dismissed without prejudice how long after the SOL are you able to reopen and “ Relate Back”

Q: If a civil case has been dismissed without prejudice how long after the SOL are you able to reopen and “ Relate Back”

Can a case dismissed without prejudice be reopened after the statute of limitations and ask the cases be related back to original filing if the claim stays t

James Clifton
PREMIUM
James Clifton
answered on Aug 23, 2023

If a case was dismissed without prejudice and not re-filed prior to the expiration of the statute of limitations, the claim would now be time-barred, preventing the plaintiff from moving forward with that particular cause of action.

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2 Answers | Asked in Civil Litigation and Small Claims for Florida on
Q: I filed a small claims suit and it was accepted by the court seven weeks ago. Should I know my court date by now?

The defendant and I are both located in Florida. I filed a small claims court suit seven weeks ago and it was accepted. I paid court fees already. I have received no information since filing. Is this normal? Am I just waiting to get my court date?

Terrence H Thorgaard
Terrence H Thorgaard
answered on Aug 20, 2023

You need to get the clerk of court to issue a summons which will set a date and time for a pretrial conference (i.e.: the "court date"). You need to get this served (by the sheriff's department or a process server) on the defendant.

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1 Answer | Asked in Civil Litigation for Florida on
Q: I was living in a shelter and the case manager insulted me about my HIPPA and phi rights. Also contracted COVID there.

I was wearing a mask while residing at the shelter when one of the staff members told me to remove it and shortly after I contracted COVID from other Patrons at the shelter. Then they kicked me out of the shelter while I suffer from depression and anxiety causing me to mentally, physically and... View More

Charles M.  Baron
Charles M. Baron
answered on Aug 20, 2023

Regarding the Covid issue, possibly, if it was foreseeable that you'd likely contract Covid if forced to remove your mask, and there was no rational justification to force mask removal. That may or may not be proveable. Regarding removal from the shelter, their reasons would have to be... View More

2 Answers | Asked in Civil Litigation for Florida on
Q: Can an out-of-state loan contract be created allowing me to sue someone in my state (Florida) when they live in Ohio?

The person I would loan money to lives in Columbus, Ohio, and I live in Jacksonville, FL. My research indicates that if I had to go after them in small claims court, I would have to do so in their state. However, can I create a contract stipulating that I can sue them in Florida if they break the... View More

Charles M.  Baron
Charles M. Baron
answered on Aug 16, 2023

Yes, to all of your questions.

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2 Answers | Asked in Civil Litigation for Florida on
Q: In Florida civil court, can an account stated claim include prejudgment interest? If no, what laws & cases prohibits it

from being awarded in court? A third party debt buyer is suing for interest after charge-off on an account stated debt.

Charles M.  Baron
Charles M. Baron
answered on Aug 15, 2023

Generally, yes. The initial issue for an Account Stated suit is: Did the creditor give you presuit notice of the debt, and did you fail to dispute it? If the third party debt buyer didn't give you presuit notice, or it did give notice but you disputed it, that would be an issue to examine.... View More

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1 Answer | Asked in Contracts, Civil Litigation and Small Claims for Florida on
Q: Mechanic performed work to my car I did not authorize. Why do all lawyers I contact say they can’t take my case?

On May 28th I purchased a vehicle for $15,900 (Including tax & tags) from a used dealership. Paid in full, no warranty. 6 days later on 6/6, the vehicle broke down. I had the vehicle towed back to the dealer, and told them to have their mechanic “look at it, and let’s figure out a way to... View More

Jane Kim
Jane Kim pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Aug 15, 2023

There’s a clear violation of Florida law that requires auto ships to issue invoices and authorization in writing prior to work being performed. The problem is the amount in controversy is not so high for legal fees. Maybe you could get a later draft a complaint for you and you take it through... View More

1 Answer | Asked in Civil Litigation for Florida on
Q: Can I file a Motion for Sanctions post judgment if I've already filed a notice of appeal?

or can I file an amended Motion for Sanctions post judgement after I've filed a notice of appeal?

Charles M.  Baron
Charles M. Baron
answered on Aug 15, 2023

Depending on the basis for seeking sanctions, the type of sanctions sought, and whether the issue is related to any issues on appeal, that may be possible. However, it is not possible in this online forum to give a definite "yes" or "no" answer to your question, which depends... View More

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