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Florida Civil Litigation Questions & Answers
1 Answer | Asked in Insurance Bad Faith and Civil Litigation for Florida on
Q: I pay for insurance monthly it is a limited liability waiver included in my lease. Now that I need help with damages

Due to the hurricane The landlord is saying it doesn’t cover anything

Charles M.  Baron
Charles M. Baron
answered on Oct 14, 2024

Regardless of insurance coverage or lack thereof, the landlord is responsible for storm damage to the premises itself (but not the contents) - unless your lease states otherwise. For damage to contents, the insurance policy should state clearly in black and white what's covered and... View More

1 Answer | Asked in Personal Injury, Consumer Law, Contracts and Civil Litigation for Florida on
Q: Is it illegal to record your conversations with a car dealership in person without notifying them? In a 2 party state.

If I ask them to read the contract I signed for me. Can I secretly record that without telling them. If it’s not possible. Should I just go and inform them I’m recording. Even though they might get suspicious and lies.

Robert Edward Heyman
Robert Edward Heyman
answered on Oct 29, 2024

Under Florida Law, recording someone without their knowledge or consent is a 3rd Degree Felony. Don't Do It.

1 Answer | Asked in Consumer Law, Contracts, Civil Litigation and Civil Rights for Florida on
Q: How much should i sue for in total? i just want a general idea.

I was misled by a salesperson at a dealership who promised approval for a $22,000 car with $3,000 down. Upon arrival, I was told I needed $8,000. The salesperson referred me to another dealership, where I paid $3,800 down. A month later, they requested an additional $4,000, falsely claiming my job... View More

James L. Arrasmith
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answered on Oct 13, 2024

When deciding how much to sue for, start by totaling your direct financial losses. This includes the $3,800 down payment you made, the additional $4,000 they demanded, the $5,500 in unpaid tuition, and the wages lost over two months. Adding these amounts gives you a baseline for your claim.... View More

3 Answers | Asked in Consumer Law, Contracts, Civil Litigation and Civil Rights for Florida on
Q: Does the fact that I couldn’t afford therapy strengthen my emotional distress claim?

I plan to visit the dealership again to secretly record conversations regarding the $3,000 down payment, terms of financing, and other details for my case.

As Florida is a two-party consent state, I am concerned about whether it is legal to record these conversations inside the... View More

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

You first posed a question about the affect of not affording therapy on an emotional distress claim, and you then stated a concern about recording a conversation, which I take to mean a question asking if you can record in the setting you described without asking permission. You did not connect... View More

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4 Answers | Asked in Real Estate Law, Civil Litigation and Communications Law for Florida on
Q: I'm selling my property in North Miami Beach for 90.000$ but brokers turned me down with fake Liens of 31000$ .

Brokers received calls saying "do not sale". I have no mortgage. I need your help to sale the property and closing.

Barry W. Kaufman
Barry W. Kaufman
answered on Oct 4, 2024

Getting help online doesn't cut it. Nobody should buy or sell Florida real estate without retaining a real estate attorney to help make sure everything is done correctly. Hire a lawyer.

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2 Answers | Asked in Civil Litigation for Florida on
Q: Girls assaulted at school, one has fracrured jaw. What can be done, the school dropped the ball.

My daughters BFF caught a boy stealing out of her teachers desk, she told him to stop. Later at lunch that boy began harassing her. She threw some milk on him and the boy puts her on the ground, straddles her and beats her in the face and kicks her. She was unconscious for a moment and she has a... View More

Barry W. Kaufman
Barry W. Kaufman
answered on Sep 28, 2024

See an attorney about filing suit. That's your recourse. Think seriously about pulling your daughter out of school and homeschooling her, at least for now. I assume she attends public school - these places have degenerated into prison-like societies while in session. Get her out of there.

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1 Answer | Asked in Business Law, Civil Litigation and Employment Law for Florida on
Q: I was held at knifepoint at my last job. Is there anything I can do to be compensated for me having to leave my job?

I had to leave because the guy who held me at knifepoint was the favorite employee and kept his job. I did file a complaint to HR which they finally fired him after I left, however in between that time I was continually scheduled with my attacker and forced to work with him. For about a week I was... View More

Charles M.  Baron
Charles M. Baron
answered on Sep 9, 2024

Though you resigned, it might be considered to be a "constructive discharge" due to you having no choice but to leave. If you are eligible for reemployment assistance (unemployment comp) based on how long you worked there, see if you can apply for such assistance based on constructive... View More

1 Answer | Asked in Civil Litigation for Florida on
Q: I want to know if I must file one small claims case with two defendants, or can I file two, or one civil and a sm. case?

The current situation is for the recent events for the last several months:

1. March 28, verbal harassment at a Board meeting (a lawsuit was open)

2. April 30, selective enforcement Notices of Violation (they ignored my reply in May)

3. June 11, Board assessed a $1,000... View More

Charles M.  Baron
Charles M. Baron
answered on Sep 3, 2024

To obtain the advice you are seeking, you need to schedule a consultation with a lawyer handling HOA matters, even if you believe self-representation is the way to go. With HOA disputes, there are mediation and/or arbitration procedures that might have to be followed.

2 Answers | Asked in Personal Injury and Civil Litigation for Florida on
Q: I'm trying to figure out how to file a motion to Oppose/Object a Motion for Summary judgement.

I am the Plaintiff in a slip and fall lawsuit against a grocery store. I had to end up defending myself pro se. On 6/18/24 I was granted the motion to receive a copy of the surveillance footage of the incident before deposition. The defendant sent 9 files that were difficult to access, so I was... View More

Terrence H Thorgaard
Terrence H Thorgaard
answered on Sep 2, 2024

You need to file an opposition to the motion for summary judgment. It should be supported by an affidavit (written statement under oath and signed by you and the notary before whom you swore under oath) setting forth the genuine issues of material fact which you believe would be issues to prevent... View More

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2 Answers | Asked in Criminal Law and Civil Litigation for Florida on
Q: If a woman has a restraing order against a guy & she's contacting the guy can she get in trouble for violating the order
Rod Caruco
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answered on Aug 30, 2024

This can be a dangerous situation for the individual that is governed by the restraining order. Generally, a typical order will likely state the individual is to make no contact and, if contacted, the individual is not to respond. If there is a basis for a reciprocal injunction, that may be sought.... View More

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2 Answers | Asked in Contracts, Business Law, Civil Litigation and Communications Law for Florida on
Q: How should I respond to being threatened by another company's VP?

I was threatened by another company's VP for "willfully and wrongfully withholding payment" and he stated that " it will fall on me and word is going to spread in the industry" if I do not pay an invoice that is 5 years old. I started working at the my company 5 months ago... View More

Cesar Mejia Duenas
Cesar Mejia Duenas pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Aug 22, 2024

The situation you describe involves potential legal claims related to defamation and coercion. Here’s how you might approach this:

(i) Slander and Defamation: Slander refers to a false spoken statement that damages a person's reputation. If the VP's statement that you are...
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1 Answer | Asked in Civil Litigation and Real Estate Law for Florida on
Q: Can I sue a neighbor for breach of contract if he violates covenants that are part of the contract we all signed

HOA supposedly mistakenly granted a variance to a new neighbor for a fence that exceeds the allowed height for a conservation lot, that essentially drops my property value by the tens of thousands of dollars we are all HOA members that signed the same binding legal contract so why does he get to... View More

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

Yes, it appears that you can sue for an injunction prohibiting him from having a fence taller than 4 feet, if that is what the covenants prohibit.

1 Answer | Asked in Criminal Law and Civil Litigation for Florida on
Q: Can you be arrested for throwing a cigarette on the ground

I was pulled over for no seat belt. I was asked to step out of the car. As I did so I threw my cigarette on the ground to be polite. I was arrested for littering. Is this legal.

Leonard Louis Cagan
Leonard Louis Cagan
answered on Sep 3, 2024

I find it hard to believe that an arrest would be warranted for throwing a single cigarette to the ground. I would recommend taking a look at the arrest paperwork to see what statute or ordinance was alleged to have been violated. That is a good place to start. Look up that law and read it. Then... View More

1 Answer | Asked in Civil Litigation for Florida on
Q: My son needs to respond to A Petition for Dissolution in the next 7-10 days. He cannot afford an attorney.

Is there anything he can do to delay or postpone until he can get a probono

Barry W. Kaufman
Barry W. Kaufman
answered on Aug 28, 2024

Yes. He can move to extend the time within which to respond. Professional advice: let your son handle his affairs. Also, there are few, if any, lawyers who take divorce cases for free.

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.

3 Answers | Asked in Appeals / Appellate Law and Civil Litigation for Florida on
Q: In my civil case the attorney didn’t show up in the Plaintiffs behalf and the judge ruled a dismissal without prejudice

I have received court papers stating that. Can I stop making good faith payments?

Terrence H Thorgaard
Terrence H Thorgaard
answered on Jul 20, 2024

You don't HAVE to make payments at all. But since the dismissal was without prejudice, the plaintiff may, if it chooses, re-file the case and get a judgment. If so, it could attempt to collect by garnishment and by other means.

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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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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

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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