Lawyers, Answer Questions  & Get Points Log In
Florida Civil Litigation Questions & Answers
1 Answer | Asked in Personal Injury, Animal / Dog Law and Civil Litigation for Florida on
Q: I do not speak fluent English & require an interpreter. What do I do if opposing attorney wants conference call?

I cannot have a conversation as defendant with plaintiff opposing council as I do not understand English in full or legal terminology spoken in English at all. The opposing attorney is aware of this and I cannot afford attorney and cannot fine any lawyer to help me who is bilingual based on small... View More

Barry W. Kaufman
Barry W. Kaufman
answered on Mar 19, 2024

You can file anything you like, but the conversation with the attorney is not part of a court proceeding, and the Court is not going to order an interpreter. You can ask the Court for an interpreter for a Court hearing. Otherwise, this is your issue that you need to solve. It's not opposing... View More

2 Answers | Asked in Animal / Dog Law, Personal Injury and Civil Litigation for Florida on
Q: Is it a valid Premise Liability case in Florida if a alleged dog claim attack did not occur on the rented premises?

Pending lawsuit claiming knowledge of propensities, allowing dog to roam at large and knowledge of foreseeable risks. There was no dog attack and no injury to 3rd party alleged in ident off premises. There was no injury and claims full of lies and no evidence. Landlord already dismissed from this... View More

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

You state that this is a "lawsuit claiming knowledge of propensities, allowing dog to roam at large and knowledge of foreseeable risks." If there happens to be evidence to support that claim (including the alleged injury), it may be a valid claim regardless of whether a co-defendant is... View More

View More Answers

4 Answers | Asked in Personal Injury, Animal / Dog Law and Civil Litigation for Florida on
Q: civil case, filed answer & affirmative defenses. Plaintiff lawyer says I must speak to him before it’s heard is that tru

I have limited English speaking ability. Plaintiffs lawyer knows this and emailed me saying I must have a phone call with him to discuss my affirmative defense outside of court proceedings before the judge will hear my affirmative defenses. I do not see anything online where this is appropriate or... View More

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

I agree with Mr. Kaufman except would add but that for issues in which the Court requires an effort to confer in good faith before attending a hearing, if the opposing attorney were to tell the Judge that he requested to confer with you, and you refused to speak to him, the Judge will probably not... View More

View More Answers

2 Answers | Asked in Real Estate Law, Civil Litigation and Probate for Florida on
Q: My sister sold my father’s property without giving me my share of the sale which is half according to his will.

My sister sold my father’s property for $24,500 without informing me. According to my father’s will (of which my sister has a copy) I’m supposed to get half of the sale. Dad’s attorney P.B. Howell Jr. passed away in 2006. Dad passed away in 2017. Since my father’s passing, I have been... View More

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

Your inquiry has a very mysterious set of facts. If a Will gives real property (house, condo, land, etc.) to two individuals to share 50/50, the Will must be probated - that is, a petition to open an estate in the Probate Court must be filed, resulting in a Court Order giving 50/50 ownership,... View More

View More Answers

1 Answer | Asked in Criminal Law, Civil Litigation, Identity Theft and Libel & Slander for Florida on
Q: I want to have a Cease and Desist served to someone in a different county from me. How do I do that?

I live in a different county from someone who has obtained and distributed my picture, dob, dl #, social, and other PII. I need to know how to have a demand letter like a cease and desist served IMMEDIATELY.

Is it necessary to have this done by an attorney or can I do it myself?

Please help!

Terrence H Thorgaard
Terrence H Thorgaard
answered on Mar 15, 2024

By "a cease and desist", presumably you mean a demand letter, as opposed to some sort of a court order. Send, by certified mail, return receipt required, a letter demanding that the conduct be stopped immediately.

1 Answer | Asked in Civil Rights, Criminal Law, Personal Injury and Civil Litigation for Florida on
Q: needing help finding attorney/firm for a lawsuit against the jail & police for civil rights violation due police miscond

also discrimination, police brutality, health issues & more

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 14, 2024

When searching for an attorney or law firm to take on a lawsuit involving civil rights violations, police misconduct, discrimination, police brutality, and health issues, it's crucial to look for legal professionals with experience in these specific areas. Civil rights attorneys often have the... View More

2 Answers | Asked in Business Law, Civil Litigation and Constitutional Law for Florida on
Q: If I authorize someone to conceal carry on private property, am I legally responsible if someone is injured or killed?

Our church (private property), if we have safety team members who will be permitted to carry their firearms, are we legally obliged if they discharge their firearm and injure someone, or are they responsible?

Terrence H Thorgaard
Terrence H Thorgaard
answered on Mar 12, 2024

They would be responsible, as always, to conduct themselves in a reasonable manner. Unless you have cause to suspect that your safety team members are likely to do otherwise, you would not be liable. It would be a good idea to see that they have taken a firearms safety course and to make sure the... View More

View More Answers

1 Answer | Asked in Civil Rights and Civil Litigation for Florida on
Q: I was raped and molested as a child in the 90s. Whats the statue of limitations on a civil trial for that?
James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 2, 2024

I'm very sorry to hear that you experienced such trauma as a child. The statute of limitations for filing a civil lawsuit related to childhood sexual abuse varies by state. Some key factors regarding the statutes of limitations:

- In many states, the statute of limitations for...
View More

2 Answers | Asked in Business Law and Civil Litigation for Florida on
Q: I left an honest negative review online of a business and when my wife went in the owner threatened her. Is this legal?

I left a 1 star review and the owner was confrontational with my wife over it and told her he didn't want her back. How is this not against the law? I have freedom of speech and what I wrote was the truth.

T. Augustus Claus
PREMIUM
T. Augustus Claus pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 1, 2024

In Florida, while you have the right to leave an honest review about a business under the protection of freedom of speech, the owner's confrontational behavior towards your wife could potentially raise legal issues, depending on the specifics of the confrontation. If the owner's actions... View More

View More Answers

1 Answer | Asked in Small Claims and Civil Litigation for Florida on
Q: What motion is recommended when I missed a civil court date? Pro se defendant & didn't receive e-notice of hearing date.

I am representing myself as Defendant in a civil lawsuit brought on by a construction contractor. I had filed a Motion to Dismiss in July 2023. The hearing for my Motion was rescheduled repeatedly by the court. I did not receive notice for the rescheduled date (2/12/24), missed the hearing, and my... View More

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

You could call your motion "Motion to set Aside Order Denying Motion to Dismiss", or something like that. It doesn't much matter what you call it; more important is that you clearly state what you want and why. Contact the judge's judicial assistant for a date and time for the... View More

1 Answer | Asked in Consumer Law and Civil Litigation for Florida on
Q: Can I sue a website/app if they don't uphold their own policies?

There's a website/app that deals in auctions. Their most popular auctions are for Trading Card Breaks, which is gambling. In most of these auctions, it works by winning a bid and then getting a sports team randomly selected for you. When all teams are picked for a given sport, they begin to... View More

Angelo "Tony" Marino Jr.
PREMIUM
Angelo "Tony" Marino Jr. pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 20, 2024

Before I attempt to answer the question, can you provide the website.?

2 Answers | Asked in Civil Litigation, Child Support and Family Law for Florida on
Q: Can my wages be garnished if I am a 1099 employee making less than 750 per week. My gross was 33K and AGI is 21K for 23

I am also a stage 4 cancer patient with two children living with me ages 16 and 14

Barry W. Kaufman
Barry W. Kaufman
answered on Feb 9, 2024

The creditor is entitled to a garnishment. In Florida, the debtor has exemptions to the garnishment action, which the debtor must declare and prove at a hearing on those exemptions. If a garnishment action is filed, the action is directed to the debtor's employer, who must immediately withhold... View More

View More Answers

1 Answer | Asked in Civil Litigation for Florida on
Q: Bank subpoenas served. Attorney and I are parting ways. Do I still receive the information?

Is the subpoena information (discovery) belong to me?

Thank you

Terrence H Thorgaard
Terrence H Thorgaard
answered on Feb 9, 2024

At the hearing on the attorney's motion to withdraw from the case, ask the judge to order the attorney to give you the information.

2 Answers | Asked in Contracts, Real Estate Law, Tax Law, Municipal Law and Civil Litigation for Florida on
Q: how many days do i have to answer a motion to compel discovery or any other motions? is there a statute or rule?

in florida collier county civil?

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 4, 2024

In Florida, the time you have to respond to a motion to compel discovery or other motions generally depends on the specific rules of the court in which the motion was filed. However, as a general guideline, you typically have 20 days to respond to a motion in Florida's state courts. This... View More

View More Answers

1 Answer | Asked in Civil Litigation for Florida on
Q: About moving companies liabilities when they lost 50% of my belongings.

Invoice unreadable to compare to received items.

T. Augustus Claus
PREMIUM
T. Augustus Claus pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 1, 2024

In a situation where a moving company loses a significant portion of your belongings, there are several avenues to explore to address their liabilities. First, it's important to carefully review any contract or terms of service you agreed to with the moving company, as this may outline their... View More

1 Answer | Asked in Civil Litigation for Florida on
Q: Hired Transport company to move mobile home,they went broke it down instead of moving they left it there, it was stolen.

The Transport company told me they will move it October 27th and did not broke it down and left it

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 1, 2024

I'm sorry to hear about the situation with the transport company and your mobile home. If the transport company failed to move your mobile home as promised and left it in a broken-down state, they may be in breach of contract. You should take the following steps:

1. Review your...
View More

1 Answer | Asked in Arbitration / Mediation Law, Civil Litigation and Legal Malpractice for Florida on
Q: Hi, my attorney just filed a motion to withdraw due to mconcerns of unfair practices: he cxl my mediation I need help

I have a trail date already in place that he requested to leave for March 2024. He canceled my mediation and put in a motion to withdraw the day before my mediation. I still showed up to mediation but no one was there

Tim Akpinar
Tim Akpinar
answered on Feb 5, 2024

A Florida attorney could advise best, but your question remains open for a week. The first thing to do could be to learn about the withdrawl, whether it was with prejudice or without prejudice. Withdrawing a case with prejudice generally means no rights reserved to refile the case. Withdrawing... View More

1 Answer | Asked in Civil Litigation for Florida on
Q: I was charged with battery on a leo an charges was dropped in 2020 can I Sue the officers
T. Augustus Claus
PREMIUM
T. Augustus Claus pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jan 30, 2024

In Florida, the possibility of suing officers for wrongful arrest or charges depends on various factors, including the circumstances of your arrest and the reasons why the charges were dropped. If the charges of battery on a law enforcement officer (LEO) were dropped due to lack of evidence,... View More

2 Answers | Asked in Civil Litigation, Civil Rights and Collections for Florida on
Q: I'm being sued for replevin on a rent to own shed. I missed the first summons but judge denied default for 7.060 & 7.170

In 2000 I signed a rent to own new shed. When they delivered it they caused damages. I reported the damages and they said they would come replace all damaged. They did not. I started making payments on it and paid about two years which is close to cash price. My car broke down and I got behind on... View More

Jane Kim
Jane Kim pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jan 28, 2024

Sounds like it is in small claims court and you are required to appear. The Judge or the court personnel will explain what is happening and what you are expected to do next. But you must enter an appearance or the other side will obtain a judgment against you.

Good luck.

View More Answers

1 Answer | Asked in Civil Litigation, Real Estate Law and Landlord - Tenant for Florida on
Q: I am a property owner of a 4-plex in which a rental co has long term lease for all units.

Can I trespass their maintenance worker/gardener if they are defacing my property during the course of their work. Example, spray painting on building where they want tenants to place trashcans, even after they have been told by property owner that they will be placed somewhere else.

Terrence H Thorgaard
Terrence H Thorgaard
answered on Jan 28, 2024

Depends on what you mean by "trespass". You probably can get away with peaceably confronting the worker and notifying them that you are the owner and that they are not to deface your property. Follow it up with a mailed notice to the lessee, perhaps from your attorney.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.