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Florida Contracts Questions & Answers
0 Answers | Asked in Consumer Law and Contracts for Florida on
Q: Can I sue a Dr for including wrong info in my chart that caused my life insurance policy to be cancelled.

The Dr recorded that I had malignant neoplasm to the Medical Information Bureau. My life insurance company received the same information and subsequently cancelled my policy. The Dr wrote a letter correcting the incorrect diagnosis, which I supplied to the insurance company. They still declined... View More

0 Answers | Asked in Contracts and Landlord - Tenant for Florida on
Q: Can landlord withhold security deporit and extra additional rent payment that I paid if I terminated lease prior?

Back in May I signed a lease for 12 months for an apartment in Naples FL. The landlord asked me for security deposit, May rent and another additional extra rent which I paid and he cashed out. Now, 3 months later I am terminating the lease and moving out of state for personal matters. The landlord... View More

1 Answer | Asked in Contracts for Florida on
Q: Power of Attorney in Florida vs Guardianship which makes more sense and is better to fit this situation.

Currently my mom has been living in the house that I grew up in, after my father divorced her her world went crashing down. I think some where around 2017-18 in the those 7 years she hasn't worked, filed taxes, and the house is in disrepair, I am the only one who takes care of the yard. My mom... View More

Terrence H Thorgaard
Terrence H Thorgaard
answered on Jul 24, 2024

If, as you suggest, she is not in her right mind, she would not have the capacity to execute a POA, so a guardianship would be what you need.

0 Answers | Asked in Contracts and Small Claims for Florida on
Q: when representing oneself in a court of law, how would a defendant increase his chances for having the case dropped?

*during the last day i have to respond the the Plaintiffs motion for a summary judgement**

*there’s also no signed agreement/contract but the defendant did put a 50% deposit down.

0 Answers | Asked in Business Law, Civil Litigation and Contracts for Florida on
Q: Can a Developer in Florida buy back parcels "after" reaching the 10% ownership threshold triggering transition to HOA

Developer owned 75 Parcels, now He/she owns less than 10% (7.5) Parcels and has triggered transition period. May the developer buy back parcels to raise his ownership back above the 10% threshold to maintain control of the HOA?

0 Answers | Asked in Contracts, Civil Litigation and Libel & Slander for Florida on
Q: Can you file a civil suit for property against an individual that is an active missing person?

My aunt is an active missing person. There’s an open investigation into her disappearance. A month after her disappearance her boyfriend filed a civil lawsuit for return of original deed on a property he gave her & $50,000 for unsubstantiated battery charges. Is there historic case law... View More

0 Answers | Asked in Contracts for Florida on
Q: Solar Panels Loan on house for sale

If I have solar panels on my house with a loan attached from a previous owner, how am I liable for this to be paid off when I sell my house when I did not qualify for or even have knowledge of it?

1 Answer | Asked in Contracts for Florida on
Q: Bought a piece of heavy equipment that will not run can't be used any recourse, will insurance pay
Tim Akpinar
Tim Akpinar
answered on Jul 6, 2024

A Florida attorney could advise best, but your question remains open for two weeks. It could depend on your contract and the type of insurance. If the deal was done "as is" and the insurance is limited to basic liability and physical damage, then probably not. If it was a repair-type... View More

1 Answer | Asked in Contracts and Securities Law for Florida on
Q: How do I file a lawsuit against someone who has scammed me out of 30k and trying to blackmail me as well what do I do?

My wife invested 30k with a friend that I’ve known for 40+ years which I didn’t know that he scammed others for millions until it was all over the internet that’s when he turned on me when I started to ask if she can have her money back it’s just all messed up when he started send photos... View More

Stephen Arnold Black
Stephen Arnold Black
answered on Jun 27, 2024

If anyone acts as another’s financial advisor snd invests money in the capital markets, they have to be licensed to do so. You should file against him with the SEC and FINRA as well as Floridas department of BPR and have him investigated and potentially prosecuted. Additionally the federal... View More

1 Answer | Asked in Contracts for Florida on
Q: hi if i have a binding arbitration clause in a contract can i still sue the person in small claims
Jennifer Newton
Jennifer Newton
answered on Jun 26, 2024

If your contract includes a binding arbitration clause, it generally means that disputes arising from the contract must be resolved through arbitration rather than through court proceedings, including small claims court. By agreeing to arbitration, both parties typically waive their right to sue... View More

1 Answer | Asked in Contracts and Civil Litigation for Florida on
Q: judge wont respond to a motion to reconsider on a civil case. Is the 30 day for appeal clock running.

Civil case for damaged approx $5K Judge awarded $1K Plaintiff motioned for reconsideration and then RE Motioned a second time and the court has not or will not answer the motion. Is the 30 day clock running from the 1st order of judgement for $1k?

Charles M.  Baron
Charles M. Baron
answered on Jun 23, 2024

Your motion is probably not the type of motion that stops the clock for the appeal window, BUT whenever there's a question, "In my court case, is the clock running for me to ____?" or "What is my deadline to ____?", that's an issue that you should NOT rely on online... View More

1 Answer | Asked in Contracts for Florida on
Q: I have solar panels from Meraki. I want to get out of the contract. They have not done anything that was promised.

The flat out lied to our face and nothing is as it was supposed to be. I am now paying $650/month for something that was supposed to be a couple hundred a month and the price just keeps rising.

Phillip William Gunthert
Phillip William Gunthert
answered on Jun 23, 2024

If there are two things you can be sure of based on complaints alone here on AVVO, it is never buy solar panels and do not buy property where there is an HOA, the array of headaches and complaints is endless based just on what you see here posted day in and day out. You should start by filing a... View More

1 Answer | Asked in Contracts and Legal Malpractice for Florida on
Q: Hi there! Question: if there is an outstanding motion for default for filing an untimely answer, can the complaint amend

A court issued an order denying motion to dismiss and did not dismiss 2 counts, legal malpractice and tortious interference w/ co. They filed answer 3 days late. I filed motion for default. The court allowed me to freely amend. And did not prescribe time for either party to respond or amend. So the... View More

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

If the defendant doesn't file an answer in a timely manner, a motion for default can be filed, but generally, an answer can be filed any time before default is entered. If you move to amend, you can't expect a default until the time to answer the again-amended complaint again runs.

1 Answer | Asked in Consumer Law, Contracts, Copyright and Criminal Law for Florida on
Q: Will motion for forensic preservation & examination of petitioners media evidence, 911 call & body camera recordings be

The circuit court judge in FL. ss. 790.401 case, BA 32, 52 , ( ch. 394. I think )

LOOKING FOR AN APPEAL ATTORNEY PRO gun rights, pro religious rights pro CONSTITUTION.seeking representation in Tampa .

James L. Arrasmith
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answered on Jun 17, 2024

When looking for an appellate attorney, consider the following:

1. Specialization: Look for attorneys who specialize in appellate law and have experience handling cases similar to yours, particularly those involving gun rights, religious rights, and constitutional issues.

2. Bar...
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1 Answer | Asked in Bankruptcy, Consumer Law, Contracts and Health Care Law for Florida on
Q: Is this worth hiring a lawyer?

Smile direct club filed for bankruptcy and their financing company is still trying to charge my account. I won the dispute with them and my bank. They are now threatening me to pay the full balance of over $2,000 for a “breach of contract”, although they breached the contract when they could no... View More

James L. Arrasmith
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answered on Jun 19, 2024

Based on the information provided, it seems that you have a strong case against Smile Direct Club and their financing company. Here are a few reasons why it might be worth considering hiring a lawyer:

1. Bankruptcy proceedings: With Smile Direct Club filing for bankruptcy, the legal...
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1 Answer | Asked in Contracts for Florida on
Q: what is the next step if am not able to be at the pre trail

I am 76 with cataracts and my husband is 88 with stage 5 prostrate cancer. I am being sued by Barkley Bank and Credit One

the Credit One is the same date as a appointment for pre cataract removal. I had to wait 3 months just to get this appointment. and I am to the point where I have to... View More

Terrence H Thorgaard
Terrence H Thorgaard
answered on Jun 10, 2024

Send the judge a letter; with a copy to the plaintiff's attorney, explaining the problem and asking that the pretrial conference be rescheduled.

1 Answer | Asked in Contracts and Landlord - Tenant for Florida on
Q: Hello, our rental lease ends on 7/28/24 and we've decided not to renew nad provided a 60day notice on 6/3.

Hello, our rental lease ends on 7/28/24 and we've decided not to renew and provided a 60day notice on 6/3 which is less than the 60 days they required which means month to month lease will go a few days into August. Our landord (Invitation Homes) advised me they will charge the whole month of... View More

Linda Liang
Linda Liang
answered on Jun 17, 2024

Whether they have a right to charge pro-rated rent as liquidated damage depends on wehther the lease has a liquidated damage clause and what it says. Rule of the thumb is charging two months of rent as liquidated damage is considered reasonable in the residential lease enviorment.

2 Answers | Asked in Contracts for Florida on
Q: Is it posible to recover my money ?

Hi , I hired an AMAZON AUTOMATION company to manage my Amazon store , they charged $40,000 , we signed a contract for 12months , they generated some sales for about two months and then they stop , last thing they were gonna order products from China , I paid them $10,000 , it’s been two months... View More

Travis S. McConnell
Travis S. McConnell
answered on Jun 19, 2024

It will be difficult to answer this question without reviewing the terms of your contract (provided that you had one). Generally, the parties rights in a business transaction are dictated by the express terms of contract. If there is a breach of those terms, and damages result, a court is able to... View More

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2 Answers | Asked in Contracts, Copyright, Civil Rights and Intellectual Property for Florida on
Q: need help taking videos down on multiple websites that were not consented to post

i was on a camgirling website as a guest and to my surprise the videos were posted long ago, i want to know if i can have help to remove them all

James L. Arrasmith
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answered on Jun 3, 2024

I understand your concern and the urgency of getting those videos removed. First, you should contact the website where the videos were originally posted and request their removal. Many sites have policies against posting non-consensual content, and they might act quickly to take it down.... View More

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2 Answers | Asked in Business Formation, Contracts, Federal Crimes and Tax Law for Florida on
Q: Have I been a victim of investment fraud? Has he violated the law? What steps can I take to resolve this?

In 2020, a friend went into the cannabis business in Oklahoma. He told me it was legal and profitable and convinced me to invest $100,000, promising me shares. I wired the money to his real estate company, AAA LLC, in September 2020 (I have the receipt). By 2022, he had not provided any updates,... View More

Jennifer Newton
Jennifer Newton
answered on May 30, 2024

After reviewing the details of your investment in the cannabis business in Oklahoma and the issues you've encountered, here are some potential legal actions you can take :

Demand Letter: Initiate with a formal demand letter requesting the return of your $100,000 investment. Clearly...
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