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Florida Questions & Answers
0 Answers | Asked in Domestic Violence and Libel & Slander for Florida on
Q: can I use an affidavit to prove defamation of character occurred? I deleted the original message by accident.

want to use the person who made the defamatory remark my friend and I read to backtrack to the source and prove my ex, who placed a restraining order against me, did so with malice, with the purpose of causing harm and then continued to abuse me by spreading lies about my person. I was ill prepared... View More

0 Answers | Asked in Animal / Dog Law for Florida on
Q: In Jacksonville FL if I kill or injured a dog that is on my property because this dog has attacked and injured my cat

On multiple accounts the same pittbull has trespassed in my yard and chased and attacked my cats. Is it illegal to use deadly force or injure the dog to protect my animals on my property

2 Answers | Asked in Consumer Law, Real Estate Law, Land Use & Zoning and Landlord - Tenant for Florida on
Q: No Fruit Trees - HOA? Can anything be done to secure my rights

No Fruit Trees - HOA?

Just notice in the HOA handbook (which no one gave us but is listed in facebook - because everyone uses that right!!!) -No fruit bearing trees are permitted.

However, it doesn't say whether it's a backyard rule or not. In addition, I have a FENCED in... View More

Barry W. Kaufman
Barry W. Kaufman
answered on Apr 21, 2024

Of your HOA says no fruit trees, it's no fruit trees. You signed up when you bought your house for the HOA rules in place then, and as changed. You may not like it, you may think it's a stupid rule, but it's a rule. Courts will not overturn an HOA rule as long as the rule is not... View More

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1 Answer | Asked in Landlord - Tenant for Florida on
Q: If my landlord does not return my deposit can I stay until the deposit runs out
Barry W. Kaufman
Barry W. Kaufman
answered on Apr 21, 2024

No. You must leave no.later than the day your lease expires.

2 Answers | Asked in Estate Planning for Florida on
Q: What do I need to do to make a legal document that in case of death of my husband and myself at same time who inherits

We want to make sure legally that only 2 of my children and 1 of his split everything 3 ways and for it to be legally binding

Terrence H Thorgaard
Terrence H Thorgaard
answered on Apr 21, 2024

It's called a will. It would be best to hire an attorney to do a thorough review of your situation and put together an estate plan.

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2 Answers | Asked in Civil Litigation for Florida on
Q: When it comes to eviction laws does MiamiDade law prevail over City of Miami

This is the time constraints on evictions differing between City of Miami and MiamiDade

Jacqueline Alicia Salcines
Jacqueline Alicia Salcines pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 20, 2024

All evictions are governed by Florida statutes chapter 83 which is not city or county changed. It’s all the same for city of miami and dade county

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0 Answers | Asked in Criminal Law, Civil Rights, Gov & Administrative Law and Legal Malpractice for Florida on
Q: WHAT PLEAD IS APPLICABLE WHEN WRONGFULLY USHERED THROUGH LITIGATION DISPITE PROVING POL/PRO MISCONDUCT & VODP

AFTER HAVEING PD AND PRIVATE ATTORNEY DAMAGE MY CASE AND LIE TO ME I WENT PRO SE AND STUDY NIGHT AND DAY TO LEARN HOW TO FIGHT A FALSE CLAIM ILLEGAL ARREST MY RIGHTS TRAMPLED DEFAMATION OF THE WORST KIND DUE TO A CRIMINAL CASE IM BEING PROSECUTED IN, IVE BROUGHT ENOUGH EVIDENCE FOR THE OFFICER TO... View More

1 Answer | Asked in Child Custody, Child Support, Divorce and Family Law for Florida on
Q: do i have to pay child support?

Wife and i are getting a nocontested divorce. we have kids. we are sharing custody 50/50. the kids stay with me every other day. I know that it florida child support is based off visitation with the other parent. If they live with me literally every other day, and every weekend does that mean i... View More

Pamela J. Fero
Pamela J. Fero
answered on Apr 22, 2024

When joint custody is involved and parenting time is equally divided, child support is determined primarily by the financial resources of the parents. Although it’s uncommon for no child support to be mandated, it can happen under certain conditions, such as if the custody is shared 50/50 and... View More

1 Answer | Asked in Family Law for Florida on
Q: If notarized letter of temporary guardianship expired last October of 2023, does that mean it's no longer valid?

Especially if have a place finally that my child has her own room with a bed and other things that is a nessarcary need is already provided am able to get my child back from my dad without courts in the picture?

Rand Scott Lieber
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answered on Apr 23, 2024

You need to review whatever the most recent court order says about the status of your child. Speak with a local family lawyer for more specific advice.

0 Answers | Asked in Family Law, Real Estate Law and Land Use & Zoning for Florida on
Q: Do tresspassing laws extend to my sibling if I don't want him to come to my home? Our mother lives with me he insist on

bullying his way to my home to see our mother. I have offered to bring her to meet him to take her with him, but he and his wife insist on violating my wishes and coming to the home just to challenge me. I called the police recently on them when they arrived. 1 of the police officers said he could... View More

3 Answers | Asked in Immigration Law for Florida on
Q: Question about I 485 approval

Hello I have received notice of i485 approve. But It mentioned I have to do biomatrics and photo again. I already did this step last year.

is that mean I got the green card?

and I didn’t had any interview but I got approved my 130 and I 485

Aisha Nanyanzi
Aisha Nanyanzi
answered on Apr 19, 2024

It is difficult to know what you received without looking at the document. An easy answer to your question is if USCIS asks you to do biometrics, you should show up to your appointment even if you previously did biometrics. It could be that they need to do redo your biometrics or that they issued... View More

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1 Answer | Asked in Banking for Florida on
Q: Business partner removing owner from bank account without permission. Whose is responsible ?

Wife of manager shows up at bank with affidavit ( husband terminally ill ) and manage to remove majority owner from account without owner’s consent. Owner cannot access funds. Who is responsible ?

James L. Arrasmith
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answered on Apr 21, 2024

In this situation, there are potentially several parties who may be held responsible:

1. The wife of the manager: If she falsely represented herself as having the authority to remove the majority owner from the account without proper consent or legal grounds, she could be held liable for...
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0 Answers | Asked in Criminal Law for Florida on
Q: In a retrial, would someone still have the right to exercise their 5th amendment right to face accusers?

Even if old transcripts are still being used in the retrial?

1 Answer | Asked in Child Custody for Florida on
Q: Is it illegal to share an Alabama custody order in a Florida case that does not involve the same clients
Veronica LaVerne Robinson
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answered on Apr 19, 2024

It may be illegal to share an Alabama custody order in a Florida case where the clients are different if the Alabama custody order is considered confidential by law and a motion that will allow it to be presented as evidence before the Court has not been granted. However, if the foundation has... View More

0 Answers | Asked in Criminal Law for Florida on
Q: I was arrested on a warrant for a fail to appear for a trespass warrant. I've never been trespassed

On the morning of my arrest they were at my neighbors home searching for me My neighbors address is on the warrant. My neighbor told them that they were at the wrong address. So all the supposed notices and documents were sent to my neighbors. Later that afternoon, They realized they had the wrong... View More

1 Answer | Asked in Probate for Florida on
Q: Explain "any person entitled to exempt property is required to a file a petition for determination of exempt property

My mother had property that was going to be auctioned off in 2021. She did a quit deed to me. She died in 2023. This property should not be part of the estate. Wondering if I have to declare this in any way. Is this exempt property?

Phillip William Gunthert
Phillip William Gunthert
answered on Apr 19, 2024

You really need to work with and speak with a Florida Probate Attorney, but generally, the laws related to exempt property you can find in Florida Statute 732.402 (in part below):

(2) Exempt property shall consist of:

(a) Household furniture, furnishings, and appliances in the...
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0 Answers | Asked in Landlord - Tenant for Florida on
Q: I’m being threatened by my landlord to leave from being 8 days late. Saying he will allocate last month to this month

He is threatening me since I am on Ada leave that he will report me for fraud to Ada and Hilton my employer saying I’m working. I own a new starting up company that I’ve only done some management for and driven to a site. I’m receiving no compensation for. I am receiving small compensation... View More

0 Answers | Asked in Landlord - Tenant for Florida on
Q: I’m being threatened by my landlord to leave from being 8 days late. Saying he will allocate last month to this month

He is threatening me since I am on Ada leave that he will report me for fraud to Ada and Hilton my employer saying I’m working. I own a new starting up company that I’ve only done some management for and driven to a site. I’m receiving no compensation for. I am receiving small compensation... View More

0 Answers | Asked in Business Formation and Landlord - Tenant for Florida on
Q: I have a business and I will be renting a building and subleasing to others.

Can I create a name for the whole group without registering the name as a business?

Each of us have our own individual businesses but I would like to just have a sign on the directory board like "Gulf Coast Wellness Group" because there's no space for 5 business names. And... View More

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