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provide rule governing response to amended pleading
answered on Oct 25, 2024
It depends on (A) what you mean by "opposition" to an amended complaint (motion to dismiss?, answer and affirmative defenses?), and (B) which court you're in (State or Federal, and if in State, which level (small claim or a level above small claim?). I therefore suggest you post a... View More 
It's been over two months and the state only allows you to receive two temporary tags for the vehicle. Now the temporary tags are expired and they have yet to send the information to the new state dmv. Now my vehicle is unusable. My son is autistic and has three appointments a week, nor can I... View More
In my case, the dealership claimed that my pre-approval loan was declined due to unemployment after a month. They also claim they no longer have the contract or loan documents because the contract was voided and the loan was canceled. They keeping my down payment but Is it true that they are not... View More
I’m a therapist and was just let go from a therapy clinic. I am starting my own private practice and have patients who have reached out to me and was to continue services with me. I did not have a non compete agreement with my previous employer. I am worried about potential legal repercussions if... View More
I moved in here December 2023 was offered weekly rates and told we could discuss monthly rates at a later date. After living here almost a year there have been a list of issues and safety concerns brought to the attention of hotel owner/manager and staff, minimal action was taken to address this... View More
answered on Oct 21, 2024
Yes, you can be evicted. However, it must be for a legal reason such as nonpayment of rent, failure to cure a maintenance issue, etc. Based on the information you have provided it, it is possible the landlord has failed to comply with the notice requirements for an increase in rent and/ or has... View More
Family company bought out, but no new handbook given by new employer. Have an email stating I had 172 hours of accrued vacation/PTO would be honored until late 24/25 when would change to "use it or lose it." Prior handbook states unused accrued vac/pto would be paid with proper notice.... View More
My husband was hired by a company as an independent contractor. He was told that this means no benifits and no taxes taken out of his check. He agreed to those terms and signed the contract, however he was used as an employee. He worked 9-5 Mon - Friday under their supervision. He was never treated... View More
answered on Oct 18, 2024
Because your husband has been working 9-5, he is an employee, even though the employment agreement calls him an independent contractor. He is owed benefits.
As far as firing is concerned, because Florida is an at-will state, meaning both employers and employees can terminate the agreement... View More
Family company bought out, but no new handbook given by new employer. Have an email stating I had 172 hours of accrued vacation/PTO would be honored until late 24/25 when would change to "use it or lose it." Prior handbook states unused accrued vac/pto would be paid with proper notice.... View More
9 days without power, plumbing, trash service, etc. Duke Energy cannot reestablish power until water recedes and could take weeks according to their notice.
answered on Oct 17, 2024
Most likely yes. Your obligation to pay is described by the lease, which is between you and your landlord. The inconvenience was not the landlord's fault. It is unlikely the lease provides the landlord should waive the rent.
They told me p had pictures of the damage. And told me theses words no pictures no refound case closed . From the district manger ,when I requested to see the pictures.
answered on Oct 16, 2024
In order to claim the deposit there must be damages. The hotel cannot simply claim it for the sake of claiming it. As it relates to disclosing photos of the damage, I do not believe there is a requirement to disclose them upon request. However, if you file suit, you can request the photos through... View More
Family company bought out, but no new handbook given by new employer. Have an email stating I had 172 hours of accrued vacation/PTO would be honored until late 24/25 when would change to "use it or lose it." Prior handbook states unused accrued vac/pto would be paid with proper notice.... View More
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.
answered on Oct 29, 2024
Under Florida Law, recording someone without their knowledge or consent is a 3rd Degree Felony. Don't Do It.
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
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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
Considering Florida's two-party consent law, can I legally record conversations regarding my car contract without notifying the dealership employees, given that the discussions pertain to a contractual agreement where I suspect fraudulent behavior?
Does the nature of the conversations... View More
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
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
In 2021, I bought a car from a friend with an agreement to pay in monthly installments. Due to financial changes, I fell behind on payments, and we agreed I could defer until selling the car. However, the car lacks a VIN on the windshield (though it’s present elsewhere), preventing me from... View More
I created a POA document with my sister as the principle
and me as the agent. Her next door neighbor took the
document to a friend that is a notary. There, the document
was initialed where needed by my sister, my sister signed,
and 2 witnesses signed.
I am... View More
answered on Oct 4, 2024
In short, yes it is possible. This is an odd set of circumstances, there doesn't appear to be a reason for the neighbor to withhold the document. You may be able to file suit for "Civil Theft" and also seek injunctive relief for the purpose of having a court order that the document... View More
Can i sue him? If that recording is shown to judge I will have to pay $10,000 to him. Now what do I do?
answered on Sep 30, 2024
Possibly. It is a 3rd degree felony in Florida to intentionally intercept or record a private conversation without all parties' consent. As it relates to civil law, it is debatable whether you have a cause of action. I would recommend identifying the monetary damages you have suffered as a... View More
I had to get a certified electrician to do the job which I did, I explained that this is a business that I am trying to set up and I really need the light quickly and he assured me that if I hired him with in a week I would get the light, I was excited and hired him, he drew up the application and... View More
answered on Sep 24, 2024
This matter arguably falls under a "construction" defect claim. Florida law provides "in actions brought alleging a construction defect, the claimant shall, at least 60 days before filing any action...serve written notice of claim on the contractor, subcontractor, supplier, or design... View More
answered on Sep 18, 2024
You need to be more specific, including the loss the data breach caused you. Feel free to contact this office for better understanding if you wish.
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