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Florida Civil Litigation Questions & Answers
2 Answers | Asked in Family Law, Child Custody, Civil Litigation and Legal Malpractice for Florida on
Q: Afer a motion to dismiss another judges order , basing off of false statments and fetched reasoning gets canceled .

I won a hearing after the mother petitioned for an emergency pick up order. Judge agreed with mother and ordered, I apealed the decision based off of due process and my ability to not tell my side. the judge then recanted and called for a hearing. I won the hearing the judge determend the... Read more »

Terrence H Thorgaard
Terrence H Thorgaard answered on Apr 22, 2021

You attend the hearing and testify if asked to do so. Otherwise, leave it up to your attorney.

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1 Answer | Asked in Criminal Law, Civil Litigation, Civil Rights and Legal Malpractice for Florida on
Q: Are there any legal remedies for a withheld judgement to be dismissed before it's time lapse?

A loved one received a withheld judgement for a misdemeanor for something that they didn't do. The accusing party filed a lawsuit the same day of the hearing. A couple of months in and during the discovery process, exculpatory evidence was provided that had been withheld from the criminal... Read more »

Henry George Ferro
Henry George Ferro answered on Apr 19, 2021

You typically must file your motion to vacate on newly discovered evidence within two years of the termination of the original case. Contact a lawyer ASAP...

2 Answers | Asked in Civil Litigation, Personal Injury and Wrongful Death for Florida on
Q: Can my a family member sue a pharmaceutical company over the death of a loved one?

My stepmother was prescribed xenazine, for treatment of Huntington disease. Xenazine has the known side effects of depression and suicidal thoughts. My step mom was never depressed or suicidal before taking this treatment. 4 years ago, she committed suicide at home.

Is it probable to ask... Read more »

Charles M.  Baron
Charles M. Baron answered on Apr 11, 2021

Arising from the situation you describe are potential product liability and medical malpractice claims. However, you may have a statute of limitations problem. Not sure which State you are referencing, as you are writing to Fla. attorneys on Justia, but you are writing from Birmingham, Alabama.... Read more »

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1 Answer | Asked in Civil Litigation, Civil Rights, Constitutional Law and Small Claims for Florida on
Q: I have a car that my friend had used her driver license in North Carolina to get me a car I just put the money up front.

She’s being nasty and wants the car back. I moved too Florida with family and I don’t have a way to get back down here if I go up there and the car is titled and registered too her and she just won’t come and get her car so if I hypothetically got towed for parking could it or she come after... Read more »

Charles M.  Baron
Charles M. Baron answered on Apr 7, 2021

Sounds like you trusted the wrong person. The car is legally hers. If it was purchased in North Carolina, and you then drove it to Fla., you are at risk of her reporting it stolen, and you getting arrested for theft. You should immediately confirm with her, IN WRITING, the "deal" you... Read more »

1 Answer | Asked in Employment Law, Civil Litigation and Employment Discrimination for Florida on
Q: What can I do about opposing counsel who won't participate in the case management meeting?

M.D.Florida I hired an attorney on contingency but he dumped my case a year into it so am left to recover my wages on my own. The other side filed a motion to dismiss and asked to stay discovery, pretrial events, and filing an answer pending a ruling on the motion. That was almost 3 months ago... Read more »

Charles M.  Baron
Charles M. Baron answered on Apr 7, 2021

When you need some type of relief for any situation arising during the proceedings, you first, in writing, seek agreement from opposing counsel, and if you don't amicably resolve the issue, you file a motion asking the Court to order the relief you seek. However, you would be very foolish to... Read more »

2 Answers | Asked in Child Custody, Child Support, Civil Litigation and Civil Rights for Florida on
Q: Hello I'm froilan i just became a dad april 2,2021 The question is: my wife is inside a rehab with my newborn. Now

She's a newb mother she barely know about been a mon and she's scared because she has noone to help her in there or to show her few tricks for the baby not to cry. She's scared because sometimes the baby cry's and she does everything that was teached to her but he doesn't... Read more »

Terrence H Thorgaard
Terrence H Thorgaard answered on Apr 7, 2021

Speak to an attorney who practices family law about seeking a court-ordered parenting plan.

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1 Answer | Asked in Civil Litigation, Criminal Law, Lemon Law and Mergers & Acquisitions for Florida on
Q: I need more info on pre assumptions of law that has an injunction on me I did not know.no contact 6 yrs.still pay for

I need to resolve my injunction in 3/23/2015.\

Tom Murphy
Tom Murphy answered on Apr 3, 2021

This question does not make sense. You need to provide more information.

1 Answer | Asked in Employment Law and Civil Litigation for Florida on
Q: What can I do when an attorney won't participate in a case management meeting & confer to develop a CM report for court?

Defendant filed a mtd 3 months ago in which he requested a stay on discovery and all pretrial events pending a ruling on the motion. Since a pending mtd does not create an automatic stay, nor does a pending request for one, I have attempted to schedule a CM meeting but opposing counsel refuses to... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Mar 31, 2021

If as you say you are in a federal district court you need to know that federal court judges can decide motions without conducting a hearing-like they have to do in state courts.

So IMO, the most probable reason why there has been no action taken on the opponent's motion to stay is...
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1 Answer | Asked in Civil Litigation for Florida on
Q: I am the plaintiff in small claims court, pro se. A new hearing is being scheduled due to the lack of time allowed.

I need to produce cancelled checks showing payment. When I get them, do I need to send those copies to the defendant as well as to the court? If so, how is this handled. The court and defendant both have my exhibits - these would be an addendum to that particular exhibit. Thank you.

Charles M.  Baron
Charles M. Baron answered on Mar 31, 2021

In small claims court, you generally are not required to provide copies to the other side before showing up for trial, but to be safe, you should ask the judicial assistant for the judge assigned to your case. Also, in a very small minority of cases, there are pretrial "discovery"... Read more »

1 Answer | Asked in Real Estate Law and Civil Litigation for Florida on
Q: Can my husband be removed from a mortgage and us be put out with a newborn and 2 toddlers?

My husband and grandmother are both on a mortgage. My husband as the main borrower. There was a disagreement and my husband stated he wanted her out of the house. The verbal agreement that was met is we would just buy her out. This morning she was caught on the phone trying to have his name removed... Read more »

Barbara Billiot Stage
Barbara Billiot Stage answered on Mar 26, 2021

Who is on the deed is the question. No one can simply put anyone out. There has to be a court action to remove someone from their residence, even if they are not on the deed. You cannot have her removed and she cannot have you removed. Even if she were to file a court action it would likely not... Read more »

1 Answer | Asked in Civil Litigation, Contracts and Real Estate Law for Florida on
Q: Can a Mgr. of a apartment run another background check without your knowledge or consent? One was ran 9/20 before lease?

She has repeatedly violated our rights, even after months and she/or the (lawyer)

As I'm told ran another. She tried to terminate lease immediately because claiming i falsified documents and had 6 evictions 2016-2009 / after formal complaints with FHA and Hud this was #4 of FALSE... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Mar 24, 2021

Unless you can prove that you have suffered dollar damages exceeding $100,000 you will be unable to find any experienced Florida lawyers to take your case against a former employee of the HOA where you live.

1 Answer | Asked in Business Law and Civil Litigation for Florida on
Q: Are recordings made in a one-party consent state permissible in a two party consent state?

I’m currently in a civil lawsuit in Florida with someone who’s main residence is in NEw York The former partner of the person that I am suing just passed along recordings where they are confessing to having committed the offense in which I’m suing them for. New York is a one party consent... Read more »

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

Yes, if the recordings were made in New York, and if to make the recordings was legal in that state, they would be admissible in Florida, in my opinion.

1 Answer | Asked in Civil Litigation for Florida on
Q: Can a Florida Notary, notarize a document if the signer only has an expired FL DL if DL was issued in the past five yrs?

FL Statute refers to if "document" was issued in past 5 yrs. Unsure whether "document" refers to the actual Expired ID?

2. Reasonable reliance on the presentation to the notary public of any one of the following forms of identification, if the document is current or... Read more »

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

Yes, clearly "document" includes a driver license, even if expired, if issued within the past five years. The problem however, might be that Florida driver licenses expire after eight years.

1 Answer | Asked in Civil Litigation and Small Claims for Florida on
Q: I am wanting to file a civil small claims law suit against my children’s father for stimulus money he received

He filed our children in 2019 on his taxes and has stopped providing for them since December 2019. He received the stimulus payments in 2020 for the children and the most recent payment a total of 4600 and he has not provided anything for them for the past year because of unresolved issues between... Read more »

Charles M.  Baron
Charles M. Baron answered on Mar 19, 2021

This issue should be addressed to the Family Court, along with whatever other issues you need addressed in that Court. If you don't already have a Family Law attorney, immediately consult one. If you cannot afford one, immediately reach out to your local Legal Aid/Legal Services office that... Read more »

1 Answer | Asked in Contracts, Civil Litigation and Collections for Florida on
Q: Repossession of motorcycle that I do not have

I had a motorcycle up for repossession 2 years ago . It was parked on the side of my townhouse (no garages). It eventually was gone. Now almost a year and a half later I’m getting calls from collectors and repo saying they’re looking for the bike? I am very confused. I do not have it, and have... Read more »

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

Seriously? Your bike was stolen. If it had been repossessed, you'd know it. Now, instead of the creditor getting the bike back, selling it, and applying the sale amount to your loan, the lender (creditor) will probably sue you for the entire amount of the loan.

1 Answer | Asked in Civil Litigation and Criminal Law for Florida on
Q: what do I do if I find that my soon to be ex wife is selling drugs out of our house.

My wife filed for divorce, She has moved to the room above the garage. I went up there yesterday to get some of my things and noticed several containers full of pre packaged marijuana. There is also some sort of heat press there and lots of small vials, butane, etc.

She has a medical card... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Mar 10, 2021

Bring it up with your divorce lawyer ASAP.

1 Answer | Asked in Civil Litigation, Construction Law and Contracts for Florida on
Q: what recourse does a FL GC have against a business owner who will not pay final payment of signed contract? CO issued
Bruce Alexander Minnick
Bruce Alexander Minnick answered on Mar 3, 2021

You may have to sue them for the final payment. Or try hiring a very experienced Florida lawyer to send them a strong warning letter first. Usually works if the lawyer is good.

2 Answers | Asked in Civil Litigation for Florida on
Q: I am being sued by a collection company that bought my account from a credit card. What do I need to do to prepare?

The amount is $2400 which is mostly interest and fees.

Charles M.  Baron
Charles M. Baron answered on Mar 2, 2021

That depends on whether you have any defense. If you're not sure if you have any defense, consult an attorney. If you know for certain that you have no defense, contact plaintiff's counsel to make an offer (for example, 50% of the total, payable in installments of $50 a month), and see... Read more »

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1 Answer | Asked in Civil Litigation for Florida on
Q: When the judge spoke after the mediation he indicated that I would need to get the exhibits to the Plaintiff at least 10

days before the court date.

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

Ok, and what do you want to know?

2 Answers | Asked in Civil Litigation for Florida on
Q: I need to prepare an Exhibit Folder for a Small Claims Court hearing in front of a judge. I will be doing this pro bono.

When I filed with the Small Claims Court initially, I had to make copies of my documents to give to the Defendant, which I did and sent them to him via Certified Mail. I need to mark each document with an Exhibit Number, but once this is completed, do I need to resend the same documents to the... Read more »

Paul C. Jensen Jr.
Paul C. Jensen Jr. answered on Feb 27, 2021

When appearing in small claims court, I would recommend preparing at least three identical exhibit binders: one for the judge, one for yourself or any witnesses, and one for the opposing party. I would use binder dividers with tabs to separate each exhibit, and include an index in the front. The... Read more »

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