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

Do you mean "submitted"? I suggest you ask your attorney.
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Q: Can I sell merchandise w/images from a book that states they are copyright-free? Illustrations from 19th century artists

1 Answer | Asked in Business Law for Florida on
Answered on Sep 20, 2016

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.
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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

Unless it was guaranteed in your written lease then no. Advertisements are not binding contracts.
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Q: Can I sue my partner for selling a domain that was registered by him and I don't have anything in writing.

1 Answer | Asked in Business Law and Contracts for Florida on
Answered on Sep 11, 2016

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.
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Q: Any recourse after buying a used car that broke down tow (2) days after purchase?

1 Answer | Asked in Business Law and Civil Litigation for Florida on
Answered on Sep 1, 2016

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.
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Q: Any recourse after buying a used car that broke down tow (2) days after purchase?

1 Answer | Asked in Business Law for Florida on
Answered on Sep 1, 2016

Unlikely, most use cars are sold as-is without any warranties and your duty to inspect it before buying.
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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

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.
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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

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.
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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

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.
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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

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.
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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

First you need an accountant, secondly you need a consumer attorney--look for a local member of naca (www.naca.net)
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Q: Can a dangerous felon hold a Realtor's Broker's License in the State of Florida?

1 Answer | Asked in Business Law and Real Estate Law for Florida on
Answered on Jun 15, 2016

"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.
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Q: Is it illegal for me as a rent to own business to tell a probation officer that his client stole merchandise from us

1 Answer | Asked in Business Law for Florida on
Answered on Jun 15, 2016

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.
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Q: If I signed a business purchase agreement am I able to back out of the deal

1 Answer | Asked in Business Law for Florida on
Answered on Jun 15, 2016

Yes, but you can be sued for breach of contract.
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Q: I sign a contract entering a job as a nanny, I just want to know what the contract really means.

1 Answer | Asked in Business Law and Employment Law for Florida on
Answered on Jun 8, 2016

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.
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Q: What types of businesses are exempt from FMLA?

1 Answer | Asked in Business Law for Florida on
Answered on Jun 1, 2016

"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.
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Q: Vendor used client's internet and office space to work on side project. Does client have any claim to this side project?

1 Answer | Asked in Contracts and Business Law for Florida on
Answered on Apr 21, 2016

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.
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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

1 Answer | Asked in Business Law for Florida on
Answered on Dec 9, 2015

That is a difficult question to answer. You would need to schedule a consultation with an IP lawyer.
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Q: If a member of an LLC willfully withdraws pursuant to a way allowed in the operating agreement, is that wrongful?

1 Answer | Asked in Business Law for Florida on
Answered on Nov 12, 2015

By whom? It is allowed in the agreement.
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Q: Can I be a wholesaler in Florida without a license?

1 Answer | Asked in Business Law for Florida on
Answered on Nov 10, 2015

Not enough facts are given for a complete answer. Wholesaler of what?
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