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Florida Civil Litigation Questions & Answers
1 Answer | Asked in Civil Litigation for Florida on
Q: Im getting charged with resisting officer without violence from 2 months ago was wondering what i was looking at
Michael P Mayoral
Michael P Mayoral answered on Jul 18, 2021

Resisting Without Violence is a first degree misdemeanor. That means the potential penalty is up to 1 year in jail or 12 months probation. These cases are hard to prove depending on what you are accused of and what county you are in. It all depends on the facts of your case. If it is your first... Read more »

1 Answer | Asked in Antitrust, Civil Litigation, Contracts and Federal Crimes for Florida on



Linda Liang
Linda Liang answered on Jul 17, 2021

Your question seems to be case specific. You should definitely hire an attorney to comb through the facts.

2 Answers | Asked in Civil Litigation, Contracts and Landlord - Tenant for Florida on
Q: I signed a tenant release form and now leasing office says I owe the month of july.

Because of harassment, Insults, emotional damage etc from my rommate I decided to leave the premises by the end of july. We both and management agreed to a form that states that I will vacate the premises no later than July 31. It also says that I relinquish my rights to the deposit by signing. My... Read more »

Barry W. Kaufman
Barry W. Kaufman answered on Jul 14, 2021

Probably not. Your LEASE and any document you sign that modifies the lease controls, not what some clerk behind a desk tells you.

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1 Answer | Asked in Civil Litigation for Florida on
Q: What are Missouri inheritance laws as to biological children when the deceased father had remarried?

Father died in 2016 in Missouri. He did leave stocks in a will. A lawyer had contacted me and this has been taken care of. However, doing research on the internet reveals that I, as the biological son, is entitled to a percentage of the estate according to Missouri law. Is this correct?

Charles M.  Baron
Charles M. Baron answered on Jul 10, 2021

This is a question for a Missouri attorney. Your post is mainly being viewed by Florida attorneys because you are writing from Hudson, Fla. and did not change the location. On the question page, where it says, "I Need Help in this Location (modify if needed)", you should change your... Read more »

1 Answer | Asked in Civil Litigation for Florida on
Q: Hello, can I file a civil lawsuit to a federal district where I live against my federal agency located in other state?

I work from home in Florida but my federal agency located in DC. I filed title vii against my supervisor to eeo. Can I file a civil lawsuit against my agency in Florida federal district court or must be filed in DC where my agency located?

Charles M.  Baron
Charles M. Baron answered on Jul 8, 2021

Generally, you may sue a defendant where (A) the defendant is located, (B) the subject incident(s) occurred, or (C) at a location agreed upon by the parties by contract. So when you work out of your home for an entity that is in another jurisdiction, there would need to be an analysis of where the... Read more »

1 Answer | Asked in Civil Litigation, Insurance Bad Faith and Insurance Defense for Florida on
Q: Do I have recourse against my insurance agent?

I was having trouble getting my older boat insured. My friend/agent said he would probably just put his name on it so we could get it insured. Mind you, he has nothing to do with the boat nor has he invested in it. He strictly put his name on it to get it insured. The boat sank. Insurance company... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Jul 6, 2021

Reading between the lines I have a feeling that your "friend/agent" works for the insurance company; am I right?

If so you can file a complaint against your agent with the Department of Financial Services, Division of Insurance Regulation.

1 Answer | Asked in Civil Litigation, Contracts and Employment Law for Florida on
Q: Can a contract be voided if you was under the influence?

I don’t remember signing my workers compensation contract after the day I got out of the hospital. I was completely drugged up because I got ran over by a garbage truck. So that means that one of the workers compensation employees had to come by to get me sign their documents. Can I get out of... Read more »

Charles M.  Baron
Charles M. Baron answered on Jul 5, 2021

You could certainly try. To have a valid contract, you cannot have an impairment causing you to lack the required capacity to enter into a legally-binding contract. Basically, you must be mentally competent, and being drugged up could possibly cause you to temporarily lose the necessary mental... Read more »

Q: What are my legal options for fair business practices when replacing multiple failed transmissions?

I had an issue with a torque converter and was told by 2 different mechanics that I might as well get a whole rebuilt transmission. In a matter of 2 weeks, I had to take my car to the mechanics 4 times. First to replace my bad transmission with a rebuilt one, then to service it, the to replace it... Read more »

Linda Liang
Linda Liang answered on Jul 5, 2021

You need to find a couple of experienced mechanics to give you expert opinions as to there has been any foul play. Let them put their opinions in writing. After that, you can bring it to a commercial litigation attorney for a consultation as to whether it pays to sue them.

2 Answers | Asked in Civil Litigation, Estate Planning and Real Estate Law for Florida on
Q: My father passed in 2016. I have not talked to my stepmother since. What are state laws for inheritance?
Phillip William Gunthert
Phillip William Gunthert answered on Jul 4, 2021

You need to speak with a Florida Probate Attorney in order to provide additional details and specifics of the circumstances. It has now been 5 years, someone should have contacted you long ago if there was a probate and you were named in the Will/Trust/Deeds or on any other accounts and or assets.... Read more »

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2 Answers | Asked in Civil Litigation, Consumer Law and Criminal Law for Florida on
Q: I had sent a notice to a liquor store not to sell to a loved one and they still did. How do they get charged?

562.50  Habitual drunkards; furnishing intoxicants to, after notice. Police said they are supposed to be charged with a 2nd degree misdemeanor.

Letters were sent certified.

Police at first said they would do something at first, but they wont. Because he is over 21. And they have to... Read more »

Terrence H Thorgaard
Terrence H Thorgaard answered on Jul 3, 2021

Did the police say why they aren't doing anything?

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1 Answer | Asked in Civil Litigation for Florida on
Q: I lived with my boyfriend ,my daughter and His mom in her home.He just passed away now family is suing for me to leave.

I took care of everything in and out of home. Mother is now in care of daughter and she wants me out now.The Mother and I are close but the daughter lives in CA.and doesn't care. I need time to pack and move my property. They changed locks to main house and took personal property. What are my... Read more »

Terrence H Thorgaard
Terrence H Thorgaard answered on Jun 27, 2021

If the writ of possession has been issued, no, it appears that court hearings are over. Expect a police officer to serve you with the writ any time and, at that time, remove you from the premises. Did your response to the summons get filed in court?

1 Answer | Asked in Civil Litigation, Gov & Administrative Law and Municipal Law for Florida on
Q: If a municipal planning department negligently acts to pass along for approval to the P&Z commission having jursisdictio

a set of plans which would result in the violation of the rights of the adjacent residents, could that be an actionable offense under 42 USC 1983 ?

Charles M.  Baron
Charles M. Baron answered on Jun 26, 2021

No, and you really need to schedule a consultation with a land use & zoning attorney to evaluate your situation and explain your legal rights. 42 U.S.C. Sec. 1983, which provides a legal cause of action for violation of Federal constitutional or statutory rights, does not apply to complaints... Read more »

2 Answers | Asked in Civil Litigation for Florida on
Q: I am scheduled for a defamation deposition in Leon County but they are only asking questions about my business.

I am being sued defamation of Character. However, it has now turned into trying to put me out of business. Opposing counsel is only asking about my new business venture and who I am collaborating with. Can I use the 5 amendment because I am certain that another lawsuit will come from my providing... Read more »

Charles M.  Baron
Charles M. Baron answered on Jun 24, 2021

"Taking the Fifth" is solely to invoke your right against self-incrimination, to prevent potential CRIMINAL prosecution. If your only fear is being sued CIVILLY, the Fifth Amendment does not apply. If opposing counsel is going on a "fishing expedition" for facts that do not... Read more »

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1 Answer | Asked in Criminal Law, Civil Litigation and Elder Law for Florida on
Q: Recourse for financial bank POA abuse if the agent (child) resides in Florida and the principal (parent) is non resident

Money is significant, multiple bank accounts, all emptied within a couple hours, for what can only assume is their own personal use. Does not benefit in any way the principle. Squabble in family over other estate matters within another country. Either country recognizes the other country's... Read more »

Terrence H Thorgaard
Terrence H Thorgaard answered on Jun 24, 2021

I assume you are trying to ask whether a bank can be sued if it allows an adult child of the principal (account owner) to withdraw funds by use of a power of attorney signed by the principal. Probably not, unless the POA was not in the proper form or the agents of the bank had reason to know... Read more »

1 Answer | Asked in Civil Litigation for Florida on
Q: My patner in business said damaging things about my person without proof after i sought to disolve the patnership

He filed his claim after i sought xourt action to disolve the patnership. He never made these claims before and with no proof. Can i countersuit?

Charles M.  Baron
Charles M. Baron answered on Jun 20, 2021

You seem to be asking if you may countersue your ex-partner for defamation of character strictly for allegations made in a court filing. If that's your question, the answer is no. Allegations made in a court proceeding (a pleading or hearing) are cloaked with immunity from defamation claims.... Read more »

1 Answer | Asked in Civil Litigation and Civil Rights for Florida on
Q: My Fiancé is being held against her will at her parents house. They won’t let her out. What can we do?

My Fiancé from Florida (21) wasn't allowed to leave on a trip with me. Her parents didn’t let her go we called the police but her father knew the officers. Could a lawyer get her out of the house safely? They tried to get her baker acted but she doesn’t fulfill the criteria as she is... Read more »

Charles M.  Baron
Charles M. Baron answered on Jun 10, 2021

Yes, schedule a consultation with a lawyer. If she is mentally competent, she may not be held against her will, even by her parents. On the other hand, bear in mind that, because she's an adult, her parents have absolutely no obligation to help her, financially or otherwise. So if she... Read more »

1 Answer | Asked in Civil Litigation for Florida on
Q: Ex brother in laws dogs were left at property for extended amounts of time he wont get them

So my ex brother in law has left his dogs on my property for a year I have tried to contact him about getting them, he wont answer, I can no longer take care of them due to scheduling with jobs and it cost too much to have them surrendered. What legal action can i take to have him get his dogs? Or... Read more »

Charles M.  Baron
Charles M. Baron answered on Jun 9, 2021

Send him a letter with proof of delivery confirming that he no longer wants the dogs. Give him a certain amount of time to respond to you in writing (such as 7 days), and state you will assume the failure to respond in writing means he no longer wants them. Then you have court-ready proof on... Read more »

1 Answer | Asked in Business Law, Civil Litigation, Contracts and Real Estate Law for Florida on
Q: I quit claimed a property from my LLC to my partnership LLC but did not record it. Is it legal?

I need to refi the partnership property but can't due to lien on the LLC still shown on county records as owner. My attorney says since I didn't record quut claim its not legal but everything I read says it is. Is it?

Charles M.  Baron
Charles M. Baron answered on Jun 8, 2021

The execution (signing/notarizing) of a deed legally effectuates the transfer, and the recording of the deed is to put the world on notice of the transfer. When it comes to liens, the order of recording can determine the priority of the liens. Ask your attorney to fully explain to you, and or... Read more »

1 Answer | Asked in Arbitration / Mediation Law and Civil Litigation for Florida on
Q: I was in a relationship and bought a car. My ex boyfriend's name is on the title, what are my rights

I was in a relationship and during the course of the relationship, I took out a car loan and bought a car. I have been making monthly payments on the car and I paid the initial processing fees. My ex boyfriend's name is on the title for the car and he used to receive upkeep for the car... Read more »

Tami Lane Augen
Tami Lane Augen answered on May 27, 2021

You are both owners of the vehicle as you are both on the title. If you are the only one who signed the promissory note to purchase/pay for the vehicle, then you are the only person legally responsible for the vehicle. He is correct in that he does have an ownership interest in the vehicle. If... Read more »

1 Answer | Asked in Civil Litigation, Criminal Law and Small Claims for Florida on
Q: Criminal law: is it illegal for me to tow a car that is registered to me to regain possession if I loaned it out

If I let someone use my car but then I change my mind and I ask for them to return it and they refuse, is it illegal for me to have it towed?

Henry George Ferro
Henry George Ferro answered on May 26, 2021

Based on what you are saying, I would say you are safe…you may wish to ask for law enforcement to assist you.

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