Florida Business Law Questions & Answers
Q: How long does it take Florida appeal court to make a ruling on civil case after everything been summit?
1 Answer
| Asked
in
Appeals / Appellate Law and Business Law
for
Florida
on
Answered on Sep 26, 2016
Answered on Sep 26, 2016
Q: Can I sell merchandise w/images from a book that states they are copyright-free? Illustrations from 19th century artists
Terrence H Thorgaard's answer
If they are reproductions of works by 19th Century artists, and if the images were first published before 1923, the images would be in the public domain. It is not clear from your post whether or not this applies.
If they are reproductions of works by 19th Century artists, and if the images were first published before 1923, the images would be in the public domain. It is not clear from your post whether or not this applies.
Q: Property owner cancelled professional property mngr. services after I signed lease. Is this a breach?
1 Answer
| Asked
in
Business Law, Contracts and Real Estate Law
for
Florida
on
Answered on Sep 17, 2016
Answered on Sep 17, 2016
Jonathan A. Klurfeld's answer
Unless it was guaranteed in your written lease then no. Advertisements are not binding contracts.
Unless it was guaranteed in your written lease then no. Advertisements are not binding contracts.
Q: Can I sue my partner for selling a domain that was registered by him and I don't have anything in writing.
Jonathan A. Klurfeld's answer
Unlikely, sounds like a shady deal you got hustled on; and it will cost way more than $300 to retain a lawyer. Next time have a lawyer review what you are signing to make sure you have protections.
Unlikely, sounds like a shady deal you got hustled on; and it will cost way more than $300 to retain a lawyer. Next time have a lawyer review what you are signing to make sure you have protections.
Q: Any recourse after buying a used car that broke down tow (2) days after purchase?
Jonathan A. Klurfeld's answer
same answer as last time you asked. Used car has on warranties and you could have has a mechanic check it before buying. Likely no remedies.
same answer as last time you asked. Used car has on warranties and you could have has a mechanic check it before buying. Likely no remedies.
Q: Any recourse after buying a used car that broke down tow (2) days after purchase?
Jonathan A. Klurfeld's answer
Unlikely, most use cars are sold as-is without any warranties and your duty to inspect it before buying.
Unlikely, most use cars are sold as-is without any warranties and your duty to inspect it before buying.
Q: Is a non-medically licensed/certified individuals required by law to report threats or confessions of abuse/harm?
1 Answer
| Asked
in
Business Law, Criminal Law, Employment Law and Legal Malpractice
for
Florida
on
Answered on Aug 18, 2016
Answered on Aug 18, 2016
Peter Munsing's answer
Makes sense to get a general errorors and omissions /general liability policy. As to the admissions, morally you need to consider them, legally only those professions required to report have to report. There may be variances in state law.
Suggest you google mandatory reporting state by state and then ask as to each state.
Makes sense to get a general errorors and omissions /general liability policy. As to the admissions, morally you need to consider them, legally only those professions required to report have to report. There may be variances in state law.
Suggest you google mandatory reporting state by state and then ask as to each state.
Q: Signed a non compete contract with a truck company for training saying I cant drive for anyone because I'm still under
1 Answer
| Asked
in
Contracts, Business Law and Employment Law
for
Florida
on
Answered on Aug 3, 2016
Answered on Aug 3, 2016
Terrence H Thorgaard's answer
The period of time during which you didn't have a license still would count toward the eight months. The non-competition agreement has expired and they cannot enforce it.
The period of time during which you didn't have a license still would count toward the eight months. The non-competition agreement has expired and they cannot enforce it.
Q: design an illegal content app
1 Answer
| Asked
in
Personal Injury, Business Law and Internet Law
for
Florida
on
Answered on Jul 21, 2016
Answered on Jul 21, 2016
Peter Munsing's answer
I believe I answered this but if the risk is jail time you always want to contact a criminal defense attorney and if necessary pay for the consultation. Depending on the nature of the site, if it was for instance involved in child porn or a fraudulent scheme it's possible you could face charges.
I believe I answered this but if the risk is jail time you always want to contact a criminal defense attorney and if necessary pay for the consultation. Depending on the nature of the site, if it was for instance involved in child porn or a fraudulent scheme it's possible you could face charges.
Q: I had to close a business due to lack of funds, my employees are due 2-3 weeks of salary.
2 Answers
| Asked
in
Business Law, Civil Litigation and Employment Law
for
Florida
on
Answered on Jul 5, 2016
Answered on Jul 5, 2016
Terrence H Thorgaard's answer
They could sue the corporation, but would probably not be successful in suing the corporation, assuming that they were employed by the corporation and that you didn't personally guarantee their pay.
They could sue the corporation, but would probably not be successful in suing the corporation, assuming that they were employed by the corporation and that you didn't personally guarantee their pay.
Q: I was a Victim of a Bank or Business Scam, I do not know the type of lawyer to get.
1 Answer
| Asked
in
Criminal Law, Personal Injury, Banking and Business Law
for
Florida
on
Answered on Jun 28, 2016
Answered on Jun 28, 2016
Peter Munsing's answer
First you need an accountant, secondly you need a consumer attorney--look for a local member of naca (www.naca.net)
First you need an accountant, secondly you need a consumer attorney--look for a local member of naca (www.naca.net)
Q: Can a dangerous felon hold a Realtor's Broker's License in the State of Florida?
Terrence H Thorgaard's answer
"475.17 Qualifications for practice.—
(1)(a) An applicant for licensure who is a natural person must be at least 18 years of age; hold a high school diploma or its equivalent; be honest, truthful, trustworthy, and of good character; and have a good reputation for fair dealing. ...". I see no specific prohibition for dangerous felons, but obviously the "good character" provision may apply, unless the person is found to have reformed.
"475.17 Qualifications for practice.—
(1)(a) An applicant for licensure who is a natural person must be at least 18 years of age; hold a high school diploma or its equivalent; be honest, truthful, trustworthy, and of good character; and have a good reputation for fair dealing. ...". I see no specific prohibition for dangerous felons, but obviously the "good character" provision may apply, unless the person is found to have reformed.
Q: Is it illegal for me as a rent to own business to tell a probation officer that his client stole merchandise from us
Terrence H Thorgaard's answer
No, there is no reason for you not to tell the P.O. about this. I am frankly puzzled as to why you feel this might be a problem.
No, there is no reason for you not to tell the P.O. about this. I am frankly puzzled as to why you feel this might be a problem.
Q: I sign a contract entering a job as a nanny, I just want to know what the contract really means.
Terrence H Thorgaard's answer
Non-competition clauses such as this are common in employment contracts. They are only enforceable under certain circumstances. Your question suggests that you have already signed the contract. I suggest that, at such time as you cease working for this employer, and find a potentially-competitive job, you wait and see if this employer objects. Assess the situation at that time.
Non-competition clauses such as this are common in employment contracts. They are only enforceable under certain circumstances. Your question suggests that you have already signed the contract. I suggest that, at such time as you cease working for this employer, and find a potentially-competitive job, you wait and see if this employer objects. Assess the situation at that time.
Q: What types of businesses are exempt from FMLA?
Terrence H Thorgaard's answer
"To qualify for the FMLA mandate, a worker must be employed by a business with 50 or more employees within a 75-mile radius of his or her worksite, or a public agency, including schools and state, local, and federal employers (the 50-employee threshold does not apply to public agency employees and local educational agencies). " https://en.wikipedia.org/wiki/Family_and_Medical_Leave_Act_of_1993
So, if he works for a federal contractor, it would seem that the business is covered.
"To qualify for the FMLA mandate, a worker must be employed by a business with 50 or more employees within a 75-mile radius of his or her worksite, or a public agency, including schools and state, local, and federal employers (the 50-employee threshold does not apply to public agency employees and local educational agencies). " https://en.wikipedia.org/wiki/Family_and_Medical_Leave_Act_of_1993
So, if he works for a federal contractor, it would seem that the business is covered.
Q: Vendor used client's internet and office space to work on side project. Does client have any claim to this side project?
Mr. Michael O. Stevens' answer
Since it does not appear you were an employee and you have no contract, he would have a difficult time with his claim as to ownership. And given no written contracts, it might be hard for him to assert other claims.
Since it does not appear you were an employee and you have no contract, he would have a difficult time with his claim as to ownership. And given no written contracts, it might be hard for him to assert other claims.
Q: I own a small business and never did much with social media. now that I want to start someone else has FB, twitter, Ect
Keith Petrochko's answer
That is a difficult question to answer. You would need to schedule a consultation with an IP lawyer.
That is a difficult question to answer. You would need to schedule a consultation with an IP lawyer.
Q: Can I be a wholesaler in Florida without a license?
Robert Jason De Groot's answer
Not enough facts are given for a complete answer. Wholesaler of what?
Not enough facts are given for a complete answer. Wholesaler of what?
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