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Florida Civil Litigation Questions & Answers
3 Answers | Asked in Estate Planning, Probate and Civil Litigation for Florida on
Q: What actions to take if family hides wealthy father's will and leaves me nothing?

My father, who was very wealthy, had a will, but my family hid it and took everything he owned, leaving me with nothing. I haven't spoken to a lawyer or taken any legal action yet. What can I do in this situation?

Phillip William Gunthert
Phillip William Gunthert
answered on Mar 19, 2025

I am very sorry for your, please accept my condolences for you and your family at this difficult and sad time.

If there is a Will, Florida Statute requires that they submit it to the clerk of the court within 10 days if this is in the State of Florida.

If no probate was commenced,...
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4 Answers | Asked in Personal Injury, Civil Litigation and Landlord - Tenant for Florida on
Q: Can I sue an apartment for lack of security after machete attack?

I was visiting an apartment building when I was attacked by intruders inside one of the units. I was hit in the arm and head with a machete. At the time of the attack, there was no security present, and the security cameras were not working. I ran to the police and made a report on the incident,... View More

Stephen Arnold Black
Stephen Arnold Black
answered on Mar 18, 2025

An apartment owner has a legal duty to protect any person that is rightfully on the premises from criminal attacks that are foreseeable. A criminal attack would be foreseeable if the apartment building was located in an area that experienced crime of this type in the past. If so and the building... View More

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4 Answers | Asked in Personal Injury, Civil Litigation and Landlord - Tenant for Florida on
Q: Can I sue an apartment for lack of security after machete attack?

I was visiting an apartment building when I was attacked by intruders inside one of the units. I was hit in the arm and head with a machete. At the time of the attack, there was no security present, and the security cameras were not working. I ran to the police and made a report on the incident,... View More

James Clifton
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James Clifton
answered on Mar 18, 2025

Yes, you can sue the apartment complex/landlord. The non-working security cameras are a huge red flag and will likely impart liability on the landlord. If other similar crimes have occurred in the complex, this will further show the landlord knew of the danger and failed to protect the occupants... View More

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4 Answers | Asked in Personal Injury, Civil Litigation and Landlord - Tenant for Florida on
Q: Can I sue an apartment for lack of security after machete attack?

I was visiting an apartment building when I was attacked by intruders inside one of the units. I was hit in the arm and head with a machete. At the time of the attack, there was no security present, and the security cameras were not working. I ran to the police and made a report on the incident,... View More

Mitchell Feldman
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Mitchell Feldman
answered on Mar 18, 2025

Negligent security is a real and recognized claim under florida law. These facts suggest the claim is worth consulting a lawyer. The property had a duty here to exercise reasonable care, and if there's a history of violent crime that would have required heightened security, cameras,... View More

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1 Answer | Asked in Business Law, Contracts and Civil Litigation for Florida on
Q: Can I claim damages for a former employee selling for competitor while employed?

I had a Project Manager/Sales Rep who resigned in December. We have evidence that they accepted a position with a competitor back in August and were promoting and selling our competitor's products to our current customers while still employed by us, receiving benefits and having expenses paid... View More

Erik A. Perez
Erik A. Perez
answered on Mar 17, 2025

You may have a claim for damages under a theory of tortious business interference. To establish a claim for tortious interference with a business relationship in Florida, a plaintiff must demonstrate the existence of a business relationship, the defendant's knowledge of that relationship,... View More

1 Answer | Asked in Civil Litigation and Real Estate Law for Florida on
Q: False allegations in partition action by co-owner for property in Florida

I am facing a partition action filed by a co-owner, who is falsely alleging that I am refusing to sell or vacate the property and preventing her from accessing it. In reality, she is guilty of these actions. I have met with several realtors, waiting for her to list the property, and I am currently... View More

James Clifton
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James Clifton
answered on Mar 14, 2025

If you are facing a partition and you are willing to sell, you would likely be able to negotiate a settlement where the property is sold without intervention by the court. The competing allegations of exclusive possession, lack of access, etc. would be issues to settle in the negotiations. If you... View More

2 Answers | Asked in Criminal Law and Civil Litigation for Florida on
Q: Can unsworn video identification be court evidence?

A detective came to my house and asked me to identify my boyfriend in a surveillance video, where he was seen walking back and forth along a fence. I was not sworn in during this process. This identification is included in his discovery but notes in bold that I was not sworn in. Can this be used as... View More

Terrence H Thorgaard
Terrence H Thorgaard
answered on Mar 14, 2025

You can be subpoenaed to testify as to the truth of what you told the detective. If you disobey the subpoena, you can be held in contempt of court. If, when you are forced to testify, you recant and deny what you said on video, you can be charged with lying to a police officer.

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2 Answers | Asked in Criminal Law and Civil Litigation for Florida on
Q: Can unsworn video identification be court evidence?

A detective came to my house and asked me to identify my boyfriend in a surveillance video, where he was seen walking back and forth along a fence. I was not sworn in during this process. This identification is included in his discovery but notes in bold that I was not sworn in. Can this be used as... View More

Charles M.  Baron
Charles M. Baron
answered on Mar 13, 2025

If you are not testifying in court, use of your out-of-court statement to prove the truth of that statement would be hearsay, and that would generally be inadmissible - but there are exceptions to the hearsay rule, so a prosecutor would want to try to find a way to bring it under an exception if... View More

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2 Answers | Asked in Criminal Law, Civil Litigation and Gov & Administrative Law for Florida on
Q: Bond issue between Polk and Hillsborough Counties, FL.

I have an issue regarding a bond between two counties in Florida. An inmate was arrested in Hillsborough County (County B) on a warrant from Polk County (County A) and has been transported to County A. I paid her bond in County B, but County A has rejected the bond, preventing her from proceeding... View More

Leonard Louis Cagan
Leonard Louis Cagan
answered on Mar 13, 2025

Now that the person has been moved to Polk County this has become a Polk County issue solely. If you have hired a criminal lawyer for this person they will need to file a motion in Polk County to seek to have any conditions of bond amended. To be honest I'm quite surprised to Hillsborough... View More

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1 Answer | Asked in Estate Planning and Civil Litigation for Florida on
Q: Can a trustee refuse to administer a trust if beneficiaries won't sign in Florida?

In Florida, can a trustee refuse to administer an irrevocable trust if the beneficiaries won't sign a form acknowledging they received a copy of the trust? The trustee claims Florida law requires the beneficiaries' signatures, but the beneficiaries are hesitant because they believe it may... View More

Anwar Elias Hadeed
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Anwar Elias Hadeed pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 10, 2025

In Florida, a trustee cannot refuse to administer an irrevocable trust solely because beneficiaries won’t sign an acknowledgment of receipt. While Florida law (Fla. Stat. § 736.0813) requires the trustee to provide a copy of the trust upon request, there is no legal requirement for beneficiaries... View More

1 Answer | Asked in Civil Litigation and Civil Rights for Florida on
Q: Is Florida statute of limitations affecting my class action payment correct?

I am part of the Boy Scouts of America class action sexual abuse case and categorized under Tier 2. Despite this, I am being told that I will receive a lower payment due to the statute of limitations in Florida, where the abuse occurred 30 years ago when I was under 13. From my research, it seems... View More

Charles M.  Baron
Charles M. Baron
answered on Mar 10, 2025

Sorry to hear about your ordeal. Unfortunately, you will likely not be able to obtain legal advice on the statute of limitations applicable to your particular situation by making online inquiries. Rather, you must have direct communication with a lawyer, who would have to discuss and review your... View More

3 Answers | Asked in Animal / Dog Law and Civil Litigation for Florida on
Q: What to do if sued for dog bite but don't own a dog?

I received a notice of suit for a dog bite incident on a specified date. However, I do not own a dog and have no previous incidents or complaints involving a dog. The notice included details about the date and location of the alleged incident, but there is no possibility that the dog is associated... View More

Charles M.  Baron
Charles M. Baron
answered on Mar 9, 2025

First, when you are served with a summons and complaint, you are required to file, within 20 days, either a response to the complaint (which can be an answer with defenses, a motion to dismiss, or motion for more definite statement) or a motion for extension of time to respond to the complaint.... View More

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3 Answers | Asked in Animal / Dog Law and Civil Litigation for Florida on
Q: What to do if sued for dog bite but don't own a dog?

I received a notice of suit for a dog bite incident on a specified date. However, I do not own a dog and have no previous incidents or complaints involving a dog. The notice included details about the date and location of the alleged incident, but there is no possibility that the dog is associated... View More

Charles M.  Baron
Charles M. Baron
answered on Mar 13, 2025

To add to my prior answer, the 20-day response deadline I mentioned applies if you are NOT in small claims court. If you are instead in small claims court (where a claimant may sue for up to $8K plus court costs), you instead must appear at a pretrial conference, if you do not first get the... View More

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1 Answer | Asked in Contracts and Civil Litigation for Florida on
Q: Actions for incomplete cleaning job in Florida without contract.

I hired someone to clean my house in Florida without a formal contract. They did not finish cleaning the walls and kitchen, and I paid them $150. We agreed verbally that the work would be completed in one day. I have reached out to them for a response regarding completing the work or providing a... View More

Charles M.  Baron
Charles M. Baron
answered on Mar 8, 2025

You did have a contract - a verbal one. You indicated that the cleaner did a portion of the job, leaving another portion not done. You have the right to claim at least a partial refund based on the approximate percentage of the work that was not done. If refused, you could sue in small claims... View More

3 Answers | Asked in Civil Litigation and Contracts for Florida on
Q: Amendment of complaint in civil suit and agreement with opposing attorney

I am representing myself pro se in a civil suit in which I was granted permission by the court to amend my complaint once, without prejudice. I filed the amended complaint with changes, including removing certain content and adding more evidence as per the opposing attorney's requests.... View More

Barry W. Kaufman
Barry W. Kaufman
answered on Mar 6, 2025

You should seek permission from the court to file a second amended complaint. No, you should absolutely not include a statement as you suggest. You are responsible for drafting a complaint that survives a motion to dismiss. You must allege the ultimate facts, or elements, that comprise a good cause... View More

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3 Answers | Asked in Civil Litigation and Contracts for Florida on
Q: Amendment of complaint in civil suit and agreement with opposing attorney

I am representing myself pro se in a civil suit in which I was granted permission by the court to amend my complaint once, without prejudice. I filed the amended complaint with changes, including removing certain content and adding more evidence as per the opposing attorney's requests.... View More

Barbara Billiot Stage
Barbara Billiot Stage
answered on Mar 6, 2025

Generally, the courts will allow more than one amendment but you need the court's permission to amend. You cannot just file another amended complaint.

This website is for general questions and answers and we cannot advise you how to litigate because we do not know your case and cannot...
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3 Answers | Asked in Civil Litigation and Contracts for Florida on
Q: Amendment of complaint in civil suit and agreement with opposing attorney

I am representing myself pro se in a civil suit in which I was granted permission by the court to amend my complaint once, without prejudice. I filed the amended complaint with changes, including removing certain content and adding more evidence as per the opposing attorney's requests.... View More

Erik A. Perez
Erik A. Perez
answered on Mar 6, 2025

You can amend once as a matter of right under Florida Rule 1.190, however, you may seek leave to amend from the court which is freely given under most circumstances. Thus, there is technically no limit to the amount of times you may amend. I would not worry if it is only the 2nd time. I've... View More

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3 Answers | Asked in Car Accidents, Personal Injury and Civil Litigation for Florida on
Q: How can I get compensation for bicycle accident injuries without the driver's insurance coverage?

I was hit by a car while riding my bicycle in Gainesville, Florida. I don't own a vehicle, so I don't have vehicle insurance. The driver who hit me doesn't have bodily injury coverage on his policy. I want to file a lawsuit to get compensation for my medical bills and ongoing... View More

Barry W. Kaufman
Barry W. Kaufman
answered on Mar 6, 2025

Personal injury lawyers won't take your case because they work on contingency, and without insurance there's no guarantee they will be paid. Personal injury cases can be complicated and there's a lot of work that goes into them, so PI attorneys aren't going to take cases where... View More

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3 Answers | Asked in Car Accidents, Personal Injury and Civil Litigation for Florida on
Q: How can I get compensation for bicycle accident injuries without the driver's insurance coverage?

I was hit by a car while riding my bicycle in Gainesville, Florida. I don't own a vehicle, so I don't have vehicle insurance. The driver who hit me doesn't have bodily injury coverage on his policy. I want to file a lawsuit to get compensation for my medical bills and ongoing... View More

Charles M.  Baron
Charles M. Baron
answered on Mar 6, 2025

Even if the driver who struck you had no bodily liability coverage, and you have no auto insurance, that driver's PIP (personal injury protection) should cover your medical bills, probably up to about $10,000. PIP gets paid directly to your medical providers. It's something that... View More

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3 Answers | Asked in Car Accidents, Personal Injury and Civil Litigation for Florida on
Q: How can I get compensation for bicycle accident injuries without the driver's insurance coverage?

I was hit by a car while riding my bicycle in Gainesville, Florida. I don't own a vehicle, so I don't have vehicle insurance. The driver who hit me doesn't have bodily injury coverage on his policy. I want to file a lawsuit to get compensation for my medical bills and ongoing... View More

Tim Akpinar
Tim Akpinar
answered on Mar 10, 2025

I'm sorry about your accident. The only thing I'd add to the valuable guidance of my colleagues is that you may still want to consider reaching out to other attorneys. From your post, it appears you spoke with one attorney who declined your matter. You mention major pain; you do not... View More

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