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Florida Questions & Answers
1 Answer | Asked in Consumer Law, Real Estate Law and Municipal Law for Florida on
Q: if a defendant did not answer a specific interrogatory - who do I make them answer.
Angelo "Tony" Marino Jr.
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answered on Apr 15, 2024

In Florida, you must first reach out to the defendant and try to resolve the matter; that is get him/her to agree to supply a better answer. If that does not work, then you need to do a motion to compel better answer(s) and send that along with a notice of hearing set before your judge. I suggest... View More

1 Answer | Asked in Employment Law for Florida on
Q: I worked for a doctor who is quadriplegic. I worked a month for him as his Aide, and he refuse to pay me. What can I do?

I work 6 days out of the week sometime 7, I live in Fort Lauderdale, he used to live in Aventura and lives Miami about month now. I put over a thousand miles on my vehicle in a month time, to get him up, fed, pick his meds and do his shopping. He claims I abandoned him because I had a dental... View More

Linda Liang
Linda Liang
answered on Apr 15, 2024

You can either talk to him when he is calmer and get your pay, or you bring him to small claim court. The latter cost money.

1 Answer | Asked in Civil Rights, Employment Discrimination and Employment Law for Florida on
Q: My wife was accused of discrimination at work at Starbucks

Way they went at it I feel they violated her rights

James L. Arrasmith
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answered on Apr 15, 2024

I understand that this is a difficult and concerning situation for you and your wife. Discrimination accusations are serious matters that can have significant consequences for all parties involved. It's important to approach the situation calmly and gather as much information as possible. Here... View More

2 Answers | Asked in Constitutional Law for Florida on
Q: Can the police drill holes from the Apt nextdoor and put cameras to monitor inside my apt
James L. Arrasmith
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answered on Apr 15, 2024

No, the police cannot legally drill holes and install cameras to monitor the inside of your apartment without proper authorization. Here are a few key points regarding this:

1. Fourth Amendment protection: In the United States, the Fourth Amendment protects citizens against unreasonable...
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0 Answers | Asked in Land Use & Zoning for Florida on
Q: Is the county property appraiser liable to accurately represent property information such as zoning?

I purchased a piece of property zoned single family residential via property appraiser, and Obtained a mortgage for construction. Paid and completed all tests requested by build department for a single family permit (surveys, soil tests, etc.). The county accepted my permit, and accepted payment... View More

1 Answer | Asked in Business Law for Florida on
Q: Can a Non-Profit organization have the President's Sister and Nephew sit on the board of directors and achieve Quorum?

I would like to know if a non-profit organization is compliant with IRS requirements for a 501(c)(3), if the board of directors is comprised of the

President, their sister, and their nephew in order to achieve quorum and be in compliance with 501(c)(3) regulations. Assume a scenario where... View More

James L. Arrasmith
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answered on Apr 15, 2024

Having a non-profit organization's board of directors comprised of the President, their sister, and their nephew raises concerns about private inurement and conflict of interest, which could jeopardize the organization's 501(c)(3) status.

Scenario 1: No compensation for board...
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0 Answers | Asked in Criminal Law for Florida on
Q: How long does it does it take for a defendant to be transported after a motion to transport was filed to deal w/ vop

Defendant is in Tampa needs to be transported to Miami for a VOP…motion was put in last week defendant has been sitting in Tampa for a month issue in Tampa was resolved 25 days ago Miami still hasn’t picked him up

0 Answers | Asked in Employment Law for Florida on
Q: I was out on short term disability and then return to work was told my hours over towards fmla was started over..

I have been employed over 1 year in total and have worked the required 1250 hours

0 Answers | Asked in Employment Law for Florida on
Q: Is an employee handbook part of a contract in this case?

My employer has language in our handbook that says "Don't read this as part of a legal contract."

But, our contracts contain a clause that says we are agreeing to abide by the regulations mentioned in the handbook.

And we have to sign ANOTHER statement saying we... View More

1 Answer | Asked in Criminal Law for Florida on
Q: Under ‘Hearsay’, can the State use the testimony/transcripts of a deceased person in a retrial?

And if so, why and what are the requirements necessary for the State to be able to use the testimony/transcripts of a deceased person in a retrial?

*This question is in regards to a criminal case that was vacated, and a retrial was ordered due to fundamental error in jury instructions.

Terrence H Thorgaard
Terrence H Thorgaard
answered on Apr 14, 2024

Yes. Florida Statute 90.804 (2) (a) provides that testimony "given as a witness at another hearing of the same or a different proceeding, [is admissible] ... if the party against whom the testimony is now offered, ... had an opportunity and similar motive to develop the testimony by direct,... View More

1 Answer | Asked in Social Security for Florida on
Q: I was told I can’t receive my deceased spouse’s SS because I am the beneficiary of her pension and I can’t receive both?

My spouse is recently deceased and I was initially told I would receive her SS; but then I received a letter from SS administration stating that I won’t receive her SS because I am receiving her pension and I cannot receive both. Is this true?

James L. Arrasmith
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answered on Apr 15, 2024

In most cases, you can receive both your deceased spouse's Social Security benefits and their pension, but there are certain exceptions and rules that may apply. The two main factors that could affect your eligibility are:

1. Government Pension Offset (GPO): If you receive a pension...
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1 Answer | Asked in Consumer Law and Contracts for Florida on
Q: Can I sue if my bill of sale the dealership and the servicer have different rates, prices etc

I requested a copy of my retail installment contract from my car loan servicer. When i compared it to The bill of sale/ buyers order I received from the dealership that i signed the it was completely different. The vehicle price was off by a thousand dollars, the amount financed is different, as... View More

James L. Arrasmith
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answered on Apr 13, 2024

If there are discrepancies between the bill of sale from the dealership and the retail installment contract from your car loan servicer, you may have grounds for legal action. However, the success of your case will depend on several factors, such as the nature and extent of the discrepancies, the... View More

0 Answers | Asked in Criminal Law for Florida on
Q: My child who has an IEP/504/BIP, was arrested for simple assault.

As per the allegation, she allegedly told a school employee "I'll f- you up" This was taken as a threat (per the police report that was taken 6 days later). The incident was not reported to the school, nor did she receive a referral for this allegation. Important to note that on her... View More

0 Answers | Asked in Identity Theft for Florida on
Q: I found a Card generator online (Idk if Credit/debit) and it works, I tried it i ordered with $4 but canceled, illegal??

So is it a crime or not, since it’s technically public information, can i still use it or not??

2 Answers | Asked in Federal Crimes, Health Care Law and Identity Theft for Florida on
Q: Are there lawyers who specialize in medicare identity theft

Mail from Aetna (Medicare plan) is delivered to my house multiple times over the last year or so, addressed to someone else.

I have also received three checks made out to me for claims made thru Aetna which I did not submit claims for. The first time I called Aetna and advised them and... View More

James L. Arrasmith
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answered on Apr 16, 2024

Yes, there are lawyers who specialize in identity theft cases, including those involving Medicare fraud. Given the severity of your situation, consulting with an attorney who has experience in this area would be a wise step to protect your rights and guide you through the process of resolving the... View More

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1 Answer | Asked in Domestic Violence, Family Law, Appeals / Appellate Law and Federal Crimes for Florida on
Q: Can a victim of Domestic Violence and Abuse go back to a Strangulation/Felony charge in VA and fight it.? It was in 2014
Terrence H Thorgaard
Terrence H Thorgaard
answered on Apr 12, 2024

A victim wouldn't have standing to appeal the results of a criminal case. Also, the time to appeal has no doubt passed. Finally, you should have asked this in the Virginia sub-forum.

1 Answer | Asked in Landlord - Tenant, Communications Law and Constitutional Law for Florida on
Q: Me and my children are renting a room where the landlord stays here as well these

last couple of days the landlord has been shutting off the power all day and cutting it on for maybe a hour what can I do this is ridiculous

James L. Arrasmith
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answered on Apr 12, 2024

I'm sorry to hear you're dealing with this frustrating and unacceptable situation with your landlord repeatedly shutting off the power for extended periods. Here are some steps you can take:

1. Review your lease agreement: Check if there are any clauses about the landlord's...
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0 Answers | Asked in Employment Law for Florida on
Q: Can a warehouse company face punishment for having empty safety boxes in the work warehouses?

A coworker cut himself and went to grab a bandaid only to find an empty safety box. When he asked management about a bandaid the safety supervisor wrote him up for not wearing gloves ppe and said there were no bandaids.

0 Answers | Asked in Employment Law for Florida on
Q: I was terminated from my job in Florida. during the termination call i was told by my department head that i would get o

i was told i would get one month salary and insurance. later the same day i recieved notice from owner that i was not receiving any severance, and my insurance was canceled. do i have any recourse?

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