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Florida Civil Litigation Questions & Answers
2 Answers | Asked in Real Estate Law and Civil Litigation for Florida on
Q: Can I get compensation for a roof repair before a new HOA took over in Florida?

I had to pay approximately $9,000 for roof repairs, which the previous HOA claimed was my responsibility to fix. Now, the new HOA is addressing structural issues in the townhouses across the complex. Can I seek compensation for the roof repair, even though it took place before the new HOA... View More

Barbara Billiot Stage
Barbara Billiot Stage
answered on Jul 11, 2025

The management company has no authority to make decisions on behalf of the board of directors. These issues are usually addressed by the board of directors on the advice of their attorneys. It may be a construction defect company is preparing to sue the developer for construction defects if the... View More

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1 Answer | Asked in Child Custody, Child Support, Civil Litigation and Family Law for Florida on
Q: Can false allegations in a child visitation case justify using FL Statute 57.105?

I am involved in a child visitation case in Florida, pending for nearly 5 years, involving two children between parties who were never married. The father wants an established time-sharing order, while the mother resists and believes she is the sole decision-maker. Despite providing monthly support... View More

James L. Arrasmith
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answered on Jul 10, 2025

Yes, false and knowingly baseless allegations may open the door to using Florida Statute 57.105, which allows a party to seek attorney’s fees when the other side raises claims or defenses without factual or legal support. However, it’s not automatic—this statute is meant to prevent abuse of... View More

1 Answer | Asked in Criminal Law and Civil Litigation for Florida on
Q: How to address renewed allegations of exposing private parts from 2017?

In 2017, my stepdaughter accused me of exposing my private parts to her in our car. When the police investigated at that time, she denied that anything sexual happened, and no legal action was taken. However, on June 2nd, the police came again regarding the same allegation. My stepdaughter has... View More

James L. Arrasmith
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answered on Jul 10, 2025

This situation is understandably stressful, especially with old accusations coming up again after several years. Even though the original investigation didn’t result in charges, a new complaint can still trigger legal proceedings if the police believe there’s new evidence or a different version... View More

1 Answer | Asked in Real Estate Law, Contracts and Civil Litigation for Florida on
Q: Commercial lease unit issue: unrecognized by city, seeking legal options

I signed a commercial lease for a unit labeled as 208. However, the city doesn't recognize this unit number, preventing me from pulling the necessary permits. The space originally was part of unit 207 but was divided. The landlord suggested using 207a, but it is also unrecognized. I... View More

James L. Arrasmith
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answered on Jul 10, 2025

It’s a frustrating spot to be in—you’ve committed to a lease, but you can’t even get the permits you need to use the space. Under most commercial leases, the landlord has an obligation to deliver you premises that are capable of lawful use. If the unit number isn’t recognized by the city... View More

2 Answers | Asked in Personal Injury and Civil Litigation for Florida on
Q: What happens if the defendant ignores discovery orders in a personal injury case in Florida?

I am the Plaintiff in a personal injury case in Pinellas County, Florida. After parting ways with my attorney without a lien filed, I have 30 days to find a new attorney. I sent a settlement offer to both defendants, but received no response by the deadline. One defendant has not produced... View More

Stephen Arnold Black
Stephen Arnold Black
answered on Jul 8, 2025

If your attorney withdrew after the lawsuit was filed, they would’ve needed the judge’s permission through a formal motion to withdraw. In most cases, the judge then gives you around 30 days to find a new attorney. If you don’t, and the statute of limitations has already expired, your case... View More

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1 Answer | Asked in Criminal Law and Civil Litigation for Florida on
Q: Can they hold me if my case was changed to civil after completing probation?

I started probation in mid-2022 for possession of a firearm. My case for leaving the scene of an accident was signed by a judge to be dropped from criminal to civil last week. However, I've been jailed for almost 3 months, despite completing all probation costs and community service hours.... View More

James L. Arrasmith
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answered on Jul 10, 2025

Being held after completing probation requirements and having a criminal charge reduced to civil can raise serious due process concerns. If the only case justifying your detention has been signed over to civil court and you’ve completed all conditions of your probation—including fees and... View More

1 Answer | Asked in Civil Rights, Civil Litigation and Personal Injury for Florida on
Q: Denied bus entry, suspected discrimination, seeking grounds to sue FlixBus.

On July 3rd at 11:58 PM and July 6th at 1:45 AM, I was denied entry onto a FlixBus by a driver who claimed I was blacklisted due to an incident over two months ago where he asked me to move my seat on a half-empty bus. I have video evidence of being denied boarding twice. The driver left me... View More

James L. Arrasmith
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answered on Jul 10, 2025

What you’ve described is not only deeply upsetting but may also amount to a violation of your civil rights. If a bus driver repeatedly denied you access based on false information—especially after the company confirmed you are not blacklisted—that raises serious questions. When you add the... View More

2 Answers | Asked in Civil Litigation and Civil Rights for Florida on
Q: Can attorneys be liable for malicious prosecution or abuse of process in Florida after cases were dismissed?

I was involved in legal cases from outside Miami-Dade County, Florida, where I'm located, as an investigative journalist. These cases, aimed at me in Miami, Florida, were dismissed in my favor. Under these circumstances, can attorneys be held liable for malicious prosecution or abuse of... View More

Barry W. Kaufman
Barry W. Kaufman
answered on Jul 7, 2025

Answering your question would require a complete review of the cases, and the reasons for the dismissals. That cannot be done online; you'll need to retain an attorney to do it. Be prepared to spend money on a retainer.

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1 Answer | Asked in Criminal Law, Personal Injury and Civil Litigation for Florida on
Q: Can I file a complaint for non-consensual touching and assault in a shelter in Florida?

I have experienced non-consensual touching, assault with a weapon, and negligence at a homeless shelter. The incidents occurred on three separate occasions: approximately in May, on June 15, 2025, and on July 5, 2025. I have filed a police report for the latest incident and have grievance reports... View More

James L. Arrasmith
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answered on Jul 5, 2025

Yes, you can file a civil complaint in Florida for non-consensual touching, assault, and negligence. Each of these may support claims for battery, assault, and negligent supervision or premises liability, depending on the facts. Since you have already filed a police report and submitted grievance... View More

2 Answers | Asked in Landlord - Tenant, Civil Litigation, Personal Injury and Real Estate Law for Florida on
Q: Can I sue my landlord for fire from faulty water heater wiring without renters insurance?

The faulty wiring of the water heater in my apartment caught fire, resulting in a total loss of my belongings. Other apartments have also caught fire due to similar faulty wiring on the water heaters, and there have been plumbing issues as well. I had no renters insurance, and my lease states that... View More

Barry W. Kaufman
Barry W. Kaufman
answered on Jul 3, 2025

You will want to consult an attorney.

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Q: Seeking legal help for severe mold issue and eviction in FL.

I am seeking legal assistance with a severe black mold issue in the residence provided by my former employer. They have failed to address the mold problem for years, leading to wrongful termination and fraudulent eviction attempts with incorrect case numbers. My two sons have severe health issues... View More

James L. Arrasmith
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answered on Jul 4, 2025

You can pursue a toxic‐tort claim against your former employer as landlord by documenting the mold conditions, your children’s medical diagnoses, and the company’s long‐standing failure to remedy.

Begin by sending a 30‐day notice of your intent to sue under Florida’s...
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1 Answer | Asked in Probate and Civil Litigation for Florida on
Q: Can equitable estoppel compel condo transfer in unresolved probate?

I have lived in a condo for five years based on the original personal representative's (PR) letter to the HOA, which stated that I would receive ownership after probate, as per the will. The successor PR agreed initially but has kept the estate open for four years and now asks the court to... View More

James L. Arrasmith
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answered on Jul 4, 2025

Equitable estoppel can apply when you reasonably rely on the personal representatives’ clear promises to your detriment, and the estate has sat idle for years.

You would argue that (1) the original PR expressly promised the condo to you; (2) you reasonably relied on that promise by, for...
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4 Answers | Asked in Car Accidents, Insurance Defense, Civil Litigation and Personal Injury for Florida on
Q: Do drivers need medical records to prove injuries in a car accident claim?

Is it necessary for the driver to prove their injuries with medical records in order to claim that I injured them in a car accident? The driver's attorney contacted me, sent affidavits asking for my assets, and my insurance company has been notified of the claim. There was a police report... View More

Tim Akpinar
Tim Akpinar
answered on Jul 6, 2025

Your question may actually be closer to one about your rights are in dealing with affidavits about your assets, rather than wondering if you can use the absence of medical records to deflect such requests. Your job is not to verify the validity of the claim based on your seeing or not seeing... View More

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1 Answer | Asked in Contracts, Civil Litigation and Employment Law for Florida on
Q: How can I recover $1000 owed as a foreign contractor by a Florida company after failed payment promises and verbal termination?

I am an international contractor who worked remotely for a company registered in Miami, Florida, and I am owed approximately $1000. This amount includes two months' basic salary and performance commissions. Despite having a signed contract, the company has not paid me. They initially claimed... View More

James L. Arrasmith
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answered on Jul 4, 2025

You have clear evidence of a contractual obligation and your written chat admissions will serve as proof of breach. Gather your signed agreement, receipts for services rendered, and all chat logs acknowledging the \$1,000 debt.

Draft a formal demand letter stating the amount due, your...
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1 Answer | Asked in Civil Litigation, Probate and Real Estate Law for Florida on
Q: Can a preventive notice on inheritance be invalidated after 10+ years of no action?

In 1996, a favorable and firm judgment was issued regarding an inheritance petition that was never fully executed or registered. The petitioner initially took action and placed a preventive notice in the public registry but did not proceed further, possibly due to legal impediments. The property... View More

James L. Arrasmith
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answered on Jul 4, 2025

The preventive notice remains binding on title until a court orders its removal, even if no one pursued it for over a decade. You must initiate a judicial proceeding—often called a petition to expunge or cancel the notice—to clear the registry entry.

Most property‐registration...
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1 Answer | Asked in Criminal Law, Employment Law and Civil Litigation for Florida on
Q: Assaulted at work, concerned about video evidence tampering and legal steps.

I've been working as a line cook, and last Tuesday, I was assaulted at my workplace while off the clock. The incident involved a coworker who was hired recently due to staffing issues. We had a verbal altercation, and the assault occurred in front of my boss. I have a hospital report and... View More

James L. Arrasmith
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answered on Jul 5, 2025

You’ve taken the right first steps by filing both a hospital and police report. Since the assault happened at your workplace and was captured on video, the footage is key evidence. To ensure it's preserved, immediately send a written request—by email or certified mail—to your employer... View More

1 Answer | Asked in Medical Malpractice, Criminal Law, Civil Litigation and Personal Injury for Florida on
Q: Florida chin implant: unconsented modifications and malpractice inquiry

I underwent a chin implant procedure with an oral surgeon in Florida, consenting only to an implant exchange. However, post-operation, I experienced physical and aesthetic changes inconsistent with the agreed procedure, such as chronic numbness, tightness, swelling, facial asymmetry, and long-term... View More

James L. Arrasmith
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answered on Jul 5, 2025

Your situation raises serious legal concerns that extend beyond medical malpractice and into possible medical battery and fraud. In Florida, performing a procedure that goes beyond what was consented to—especially involving permanent anatomical changes like bone removal—without express,... View More

1 Answer | Asked in Contracts and Civil Litigation for Florida on
Q: Sold excavator, buyer never picked up. Later gave it away for removal cost. Legal considerations?

On July 24, 2024, I sold an excavator for parts with a verbal agreement giving the new owner three months to pick it up. Despite a bill of sale and a text message in December indicating plans to collect the equipment, the buyer never came. Eventually, on May 25, I gave the excavator away just for... View More

James L. Arrasmith
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answered on Jul 5, 2025

You gave the buyer a reasonable amount of time—well beyond the three months originally agreed upon—to remove the excavator. The verbal agreement, supported by the bill of sale and the December text message, shows that the buyer knew they were responsible for pickup. After nearly ten months of... View More

1 Answer | Asked in Consumer Law, Insurance Bad Faith and Civil Litigation for Florida on
Q: Is FWS's warranty denial bad faith? Magnuson-Moss Act violation?

I am facing a warranty claim denial from Fidelity Warranty Services for an engine failure on my 2020 Honda Civic Si, which I believe is in bad faith and violates the Magnuson-Moss Warranty Act. FWS denied the claim citing aftermarket parts, yet their own inspector's report admits no conclusive... View More

James L. Arrasmith
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answered on Jul 5, 2025

What you’re describing sounds deeply frustrating and raises legitimate concerns about both bad faith conduct and potential violations under federal law. Under Florida law, a bad faith claim requires proof that the warranty provider failed to settle a claim when it could and should have done so,... View More

2 Answers | Asked in Collections and Civil Litigation for Florida on
Q: Voicemail from compliance office claiming civil documents, could it be debt collection?

I received a voicemail from a 657 area code claiming to be from a compliance office for judicial services. They mentioned having civil documents and an active order of location, along with a phone number and case number. I haven't had any prior communications with them or been involved in any... View More

Barry W. Kaufman
Barry W. Kaufman
answered on Jun 26, 2025

Sounds fishy to me. "Compliance office for judicial Services" sounds like someone is trying to sound important. It's just an odd choice of words. I doubt its from a reputable bona fide debt collector. Real debt collectors identify themselves.

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