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1 Answer | Asked in Land Use & Zoning and Real Estate Law for Florida on
Q: My mother has had a 4ft wire fence for 30 yrs. Her neighbor built a 6ft wood fence at some points directly on hers.

Because he put the "ugly side" facing my mother's fence, there is a jungle growing between the fence posts that is unreachable for maintenance. The grass is housing snakes and spiders and one pet has already been bitten several times. The area is unreachable and he refuses to move... View More

Barry W. Kaufman
Barry W. Kaufman
answered on Jan 10, 2025

Hire a pest control guy to kill the snakes. As long as the fence is not over the property line, there's not much you can do. Or mom can take down her fence, solving the problem of access and maintenance.

1 Answer | Asked in Foreclosure and Real Estate Law for Florida on
Q: Our commerical property deed is in our personal names, but the mortgage was in our corporation's name with the bank.

The note has since been charged off and no foreclosure has ever been pursued. The last payment was made December of 2015. What are our rights ? Ownership? What if we wanted to sell it?

James Clifton
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James Clifton
answered on Jan 9, 2025

If the mortgage was secured against the property, you will have to pay off the loan balance to sell. If the property hasn't been foreclosed, you are still the owners. A title search will provide a clearer picture. Schedule a free consultation to discuss all of your options moving forward.

0 Answers | Asked in Criminal Law and Family Law for Florida on
Q: My parents are pursuing me to accept a force marriage or else face charges for defending myself with a taser

They were accusing me of being in love with someone I don’t even know and said I called him but no way to have his number. His girl said an 857 number but I’ve never had an 857 number and they have kept coming here along with my parents keep pursuing me

2 Answers | Asked in Criminal Law and Traffic Tickets for Florida on
Q: The DMV does not have record of the disposition sent by the court to suspend my license, how do I proceed?

I was convicted of vehicular homicide, accepted a plea which included 4 years of prison time and a 6 year license revocation beginning after my release. I should be eligible for a hardship license, but the DMV is advising that my suspension is not in effect. I have the disposition sent to the DMV... View More

Michael Rubin
Michael Rubin
answered on Jan 9, 2025

good questions

First, go to the website for the clerk of court in the county in which your conviction took place

Look for the Final Judgment and Sentence, and look for the Public Record documents regarding the DL suspension

I absolutely agree the suspension should start at...
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1 Answer | Asked in Family Law for Florida on
Q: Hi, about a month ago I found out my now ex girlfriend cheated on me and got pregnant. Do I need a paternity test?

She gave me the timelines and said she was 7 weeks along as confirmed by her doctor, which would mean it is not mine. However the only evidence I have is communication with her. I don’t believe she would lie about something like this, but she also cheated on me so I’m not sure whether I can... View More

Rand Scott Lieber
Rand Scott Lieber
answered on Jan 9, 2025

There may not be much that you can do until the child is born. Once born you will have a legal right to request a DNA test to confirm paternity. Speak with a local family lawyer for more specific advice.

1 Answer | Asked in Libel & Slander and Civil Rights for Florida on
Q: Trying to see what type of Lawyer I would need to see about filing a suit for a wrongful conviction on a VOP in Bradford

Probation Officer falsified information on a drug screen, accused me of being a drug addict and I have never had drug charges in my life, I was on probation for DWLS. Probation officer poured out original urine sample out in the sink in front of me after telling him I wanted it sent to lab, was... View More

James L. Arrasmith
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answered on Jan 13, 2025

You should look for a lawyer who has experience with wrongful convictions and civil rights cases. These attorneys understand the complexities involved in challenging legal decisions and can navigate the system effectively on your behalf.

It's important to find someone who has...
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1 Answer | Asked in Family Law and Child Custody for Florida on
Q: Schooling question

Hello I have a question about a situation about my daughter enrollment for school. I am a primary caregiver. Her dad has her twice a week. I am trying to cooperate and trying to figure out a agreement for a school I tried to discuss halfway in between me and his house, and he is trying to say that... View More

Rand Scott Lieber
Rand Scott Lieber
answered on Jan 9, 2025

You do not mention if you have been to court or not. If you have a parenting plan then you need to follow what it says. If you do not then you may need to go to court to settle this disagreement. Based on the facts contained in your question you can enroll the child in a school near your house. If... View More

2 Answers | Asked in Family Law and Real Estate Law for Florida on
Q: I have POA notarized done 3years ago for my mom that suffers of dementia. Can I used to sign for her selling house in PR

My dad is selling the house and he can sign but she can’t. I move them with me to Florida. We did a POA here when she was showing the symptoms. Can I use that POA and sign for her ? will be accepted in PR

Rand Scott Lieber
Rand Scott Lieber
answered on Jan 9, 2025

If the POA was properly prepared then it should be valid anywhere. Speak with a local real estate lawyer for more specific advice on the issue of selling a property with a POA..

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1 Answer | Asked in Family Law for Florida on
Q: Do a relocated non-custodial parent should have sent a petition to relocate if didn't exist any shared-parenting order?

A non-custodial parent moved after separation to Texas after the other custodial parent decided to move with the child to Orlando (both lived in Miami). A dissolution of marriage started after that and 1 year later this dissolution was done with a parenting plan. In this parenting plan the... View More

Rand Scott Lieber
Rand Scott Lieber
answered on Jan 9, 2025

The starting point for this question is to read your parenting plan. That is the law of your case. Technically a parent can move anywhere as long as they notify the other parent of their new address. Relocation comes in if the parent is trying to change the child's school or timesharing... View More

2 Answers | Asked in Civil Litigation, Gov & Administrative Law, DUI / DWI and Civil Rights for Florida on
Q: Are you a Florida lawyer I was arrested on a charge of driving while license suspended which the DMV vacated

Before the arrest officer's still arrested me on suspension which was vacated just to do a illegal search

Michael Rubin
Michael Rubin
answered on Jan 8, 2025

if the officer relied in good faith on information provided to him by dispatch, the stop is probably okay, if the DMV information had not caught up, but, if you now have a valid license, the case will likely be dismissed by the State or something similar. The second issue you raise concerning the... View More

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0 Answers | Asked in Car Accidents for Florida on
Q: I have gap insurance with my credit union but no full coverage due to financial hardship, what can I do?

Hello, so I've purchased a car with a loan from space coast credit union, I've had the car for a few years until I hydroplaned into a barrier a few days ago. The car is a total loss due to airbag deployment, no other parties were involved. I have GAP insurance but no full coverage due to... View More

0 Answers | Asked in Real Estate Law for Florida on
Q: How long do I need to keep bank statements, for a foreign corporation, in Florida? What about sales and leasing records

I was a real estate broker, and agent, for a foreign corporation in Florida. I retired in August 2019 and would like to get rid of all the bank statements, leasing info, sales info and reports. I always understand I could shred after five years but I saw seven years recently. Please advise and... View More

0 Answers | Asked in Employment Law for Florida on
Q: Florida: am I required to pay a salary if the employee becomes hospitalized due to personal issues? Pulmonary emboli?

On the job he complained of chest pains. He was admitted into the hospital. I hired him 2 weeks ago. If he has an extended recovery time, a week to 3 months, do I have to keep paying his salary? I am a small business.

1 Answer | Asked in Insurance Bad Faith, Consumer Law and Contracts for Florida on
Q: Can I sue my GAP car insurance

My car was totaled on 11/29 car insurance paid $5,805.18 to my car loan leaving a balance of $1,346 for GAP to pay out. They denied the claim for “Unrelated Previous damage”. We believe the denial claim is forged by my car loan company due to when we called the GAP company a representative said... View More

James L. Arrasmith
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James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jan 10, 2025

You can pursue legal action against your GAP insurance provider if you believe they wrongfully denied your claim. The fact that you received conflicting information - a denial letter citing "unrelated previous damage" versus a representative stating they're no longer paying claims -... View More

0 Answers | Asked in Civil Litigation for Florida on
Q: If a judge ignores an emergency injunction petition, how do I escalate it to get it heard?

I submitted an emergency injunction against an entity Sept '24. The court has sat on it. Originally filed Sept 3rd, judges assistant called to tell me Respondent had to be served first. I filed amended injunction along with a Void Judgement motion. Which was the actionable item at play.... View More

1 Answer | Asked in Employment Law for Florida on
Q: Been at my job for over 4yrs now and he just decided to put up video and audio recording. I do not consent. Legal? In FL

Camera is a Ring brand with motion detection and obviously put up with duck tape even though he says it was installed by a technician. Camera points at rear/side door but can also capture me at my desk (it’s right above my head) I check patients out/collect payment and discuss personal patient... View More

Terrence H Thorgaard
Terrence H Thorgaard
answered on Jan 8, 2025

Your employer put up the camera at your desk at work? I don't see a problem with that; you have no legitimate expectation of privacy there. And neither do the patients. HIPAA doesn't prohibit your employer (presumably the health care provider for the patients) from recording... View More

0 Answers | Asked in Landlord - Tenant for Florida on
Q: I am a renter in the house. I am renting pipes to the sewage bust through the floors. Landlord wants me to pay to move.

Wants me to pay to move and reapply for another one of their houses when I just signed my lease and my sewage pipes I busted through my children’s bedroom floor water leaking through my kitchen toilets are leaking underneath and they’ve known about all of this for months and have failed to do... View More

1 Answer | Asked in Criminal Law for Florida on
Q: Are there no exceptions to statute 794.021? Seems unjust in some circumstances

The supposed victim was serving alcohol, which by law means they must be at least 18

Michael Rubin
Michael Rubin
answered on Jan 8, 2025

no, there are no exceptions

Ignorance or belief as to victim's age is no defense

0 Answers | Asked in Uncategorized for Florida on
Q: I have a mobile home in a park near Ridge Manor Fl. I have a huge tree branch that is directly over my residence and I

have contacted the owners/Mangers several times about my concern for this branch that appears to be in distress and may come down at anytime? I have paid for a licensed arborist to asses the situation with pictures and a written report about the tree or tress in question? Have had no response from... View More

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