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Florida Civil Litigation Questions & Answers
2 Answers | Asked in Civil Litigation for Florida on
Q: the person I have been living with for the past six month is going through my stuff and throwing it away what can I do

I came home this morning from staying the night at my friend's house to her going through my stuff and throwing it out

Terrence H Thorgaard
Terrence H Thorgaard answered on Dec 4, 2019

Find another place to live, obviously. Or, if you own or rent the premises, ask her to leave.

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1 Answer | Asked in Libel & Slander, Civil Litigation and Domestic Violence for Florida on
Q: Can a person violate an injunction for stalking if they file an injunction based on lies with the court in retaliation.
Bruce Alexander Minnick
Bruce Alexander Minnick answered on Nov 26, 2019

No. The Judge will sort all of this stuff out soon enough.

1 Answer | Asked in Civil Litigation, Family Law, Adoption and Child Support for Florida on
Q: Need help with FL law in regards to child support termination via adoption. Father wants to sign over his rights.

Mother has full custody and is remarried. Father has already established paternity but lives in NH.

Vanessa Alexandra Vasquez de Lara
Vanessa Alexandra Vasquez de Lara answered on Nov 21, 2019

If the Father is willing to consent to a step-parent adoption, then it is a relatively simple matter to have the child adopted by the step-father and the Father's rights terminated. If, on the other hand, the Father wishes to terminate his rights and leave the child fatherless, this is normally not... Read more »

1 Answer | Asked in Civil Litigation and Small Claims for Florida on
Q: Can a small claims case be filed in Florida for a unlawful towing? And how would I go about doing so?

His car was on the side of a naberhood road not on a main highway or interstate. Wasn't there for even two hours and was never tagged for towing. The reason given was abandoned. But this isn't true the car had all four tires and is registered to him. They even went inside of the car to take... Read more »

Terrence H Thorgaard
Terrence H Thorgaard answered on Nov 20, 2019

Check with the clerk of court in your county about small claims procedures.

1 Answer | Asked in Civil Litigation and Small Claims for Florida on
Q: Can a small claims case be filed on a unlawful towing in Florida?

My husband's car was towed the reson given was it was abandoned but it wasn't on the side of the road for not even two hours

Charles M.  Baron
Charles M. Baron answered on Nov 19, 2019

Yes, he can file, but the real question is, what are his chances of prevailing? That depends on various factors, including whether there was a tow-away zone sign, what type of road it was on the side of, whether the side of the road is legal right-of-way, and other facts. For example, If it was... Read more »

1 Answer | Asked in Family Law, Civil Litigation, Civil Rights and Gov & Administrative Law for Florida on
Q: disabilities act ignored in request to withdraw a document signed while intoxicate, I'm an alcoholic/have medical docum

I have been diagnosed with mental health and alcoholism, I signed and notarized a document coerced, manipulated and pressured by my wife. while I sent it to her, without my lawyers approval or review, I trusted my wife, again, I know, so she used me and manipulated me, she knows how very well.... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Nov 15, 2019

First the Good news: Everything you said about chronic alcoholics often being unable to think clearly, or understand what they are doing, or why they are doing it, or understand the effect of what they did, or understand what they should or should not be doing, etc. is 100% correct. And most books... Read more »

1 Answer | Asked in Civil Litigation for Florida on
Q: What kind of lawyer do i need to get a declatory jugement for a moped
Bruce Alexander Minnick
Bruce Alexander Minnick answered on Nov 12, 2019

Unless your moped is a very rare valuable make and model the cost to do what you are talking about would exceed the value of the moped.

1 Answer | Asked in Civil Litigation for Florida on
Q: Received Order Taxing Costs from Oklahoma but I'm resident in Florida. Is order enforceable in this state?

We lived in Oklahoma 2012-2017, since then residents of Florida. Back in 2013, my wife filled a discrimination claim which lasted 6 yrs. recently; we receive an “Order Taxing Costs” (below). As residents of Florida do we have to comply with an out of Jurisdiction Order?

ORDER TAXING... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Nov 12, 2019

Unless you make arrangements to pay these court costs to the defendant--or respond to the defendant's motion and Bill of Costs and try to litigate the issue of how much in costs is actually owed--the Oklahoma Court will soon enter an Oklahoma Judgment against you.

That Judgment will become...
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1 Answer | Asked in Civil Litigation for Florida on
Q: American First Finance, refusal to terminate lease agreement even if I return cell phone?

Leased note 9, june 2019. Was 928.00, plus I put 50.00 down. Here it is 5 months later, and when I try to explain I lost my job, and want to return cell, they refuse by saying if the store accepts it back get a letter stating it, but they know the stores will not take the cell back. I have... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Nov 4, 2019

1. Forget about how much it cost new; not relevant.

2. The store that sold you the note 9 did not loan you any money;

3. all they did was approve you for credit and then sold the note to American First Finance;

4. they are trying to collect the money and do not want...
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1 Answer | Asked in Civil Litigation for Florida on
Q: What I was saying is, I purchased the car from her. I made my last payment to her 2 weeks ago.

She is refusing to give me the title to the car and pick up her license plate. She wont make the exchange. And she cancelled the insurance on the vehicle which i was making payments on as well the same day I gave her the last payment for the car.

Charles M.  Baron
Charles M. Baron answered on Nov 4, 2019

I know you're trying to modify a prior question you posted, but you instead need to re-state your entire question from scratch, so that all attorneys seeing it will understand your question.

2 Answers | Asked in Civil Litigation for Florida on
Q: I dont know which form to file to sue someone in small claims court for the title to my car

The person in question is refusing to meet me so that we can make the exchange of her tags for my title

Charles M.  Baron
Charles M. Baron answered on Nov 4, 2019

Your question is a real mystery. Why would you be conveying to someone your car title in exchange for her giving you her car tags (and that's tags plural?)?? It's not legal to use someone else's tag.

But if I'm missing something, and you are seeking relief that you are legally entitled...
Read more »

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1 Answer | Asked in Civil Litigation and Contracts for Florida on
Q: Permitted project that the property owner added work to illegally and now contractor failed inspection.

Can the illegal work by the home owner be removed by the contractor of record as he refuses to resolve the issue?

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Nov 1, 2019

The question about whether the contractor should or should not have to remove the property owners "illegal work" is not a legal question. If the permitting agency will not approve the job as it is then the property owner will have to do whatever it takes to fix the objections. And unless the... Read more »

1 Answer | Asked in Civil Litigation, Personal Injury, Health Care Law and Medical Malpractice for Florida on
Q: doctor in Orlando florida I was refered to by my doctor in NYC his office refusse to give me appointment to see him

they claim because I have medicare and medicaid attached to it the cant see me I tried to explain to them they dont need to bill medicaid that medicare covers 100 present of my medical since I'm on a special needs plan they would not hear it then insisted I needed a Florida insurance I called... Read more »

Tim Akpinar
Tim Akpinar answered on Oct 22, 2019

They won't accept your insurance. They won't accept cash. You might be better off asking your doctor for a different referral. You could delve further into the insurance coverage, reviewing the guidelines and determining your rights. It's a personal decision in how determined you wish to be in the... Read more »

1 Answer | Asked in Real Estate Law and Civil Litigation for Florida on
Q: Real estate contract between buyer and myself. Condo association denied my purchase on totally false allegations.

Finding out Board President wanted to buy under rofr,,,owner removed prop for sale. What can I do.

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Oct 21, 2019

While you may not be able to change the Condo associations mind--without losing the sale because of the time it would take-- you may be able to state a viable claim for intentional interference in an advantageous business contract--against the board president, not just the HOA. The toughest part... Read more »

1 Answer | Asked in Civil Litigation, Real Estate Law and Landlord - Tenant for Florida on
Q: Can a property manager collect applications fees and deny for credit reasons but didn't even rum report no inquiries fou

Because of his not processing applications I was given stipulations out of my control but in his hands. They too where denied. Now Im facing eviction

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Oct 19, 2019

1. In residential rental situations where there are two or more residents on the same lease, the standard industry practice is to require every resident to undergo the same application process as everyone else does.

2. Most if not all licensed rental property managers require a nominal...
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1 Answer | Asked in Civil Litigation, Civil Rights and Landlord - Tenant for Florida on
Q: Can a pm collect fees for applications and deny me. Then give me a stipulation for 2 co signers and d3ny them both.
Bruce Alexander Minnick
Bruce Alexander Minnick answered on Oct 19, 2019

Sorry for my lack of knowledge of acronyms that you must like to use--but what in the world is a "pm?"

1 Answer | Asked in Civil Litigation for Florida on
Q: Do i have to go to small claims court if both parties agreed on payment plan

i have already made a payment and sent the paperwork back to the lawyer signed.

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Oct 17, 2019

If you and the lawyer on the other side have agreed on a payment plan to resolve the debt the lawyer should file a notice to the Court informing the Court that the case has been resolved and no trial is necessary. CAVEAT: Do NOT rely upon the information I just gave you--because sometimes the... Read more »

2 Answers | Asked in Civil Litigation for Florida on
Q: Is it possible to depose parties without suing them? I heard about deposition before action.

I think I might have a cause of action in a complex case. I do not know whom to name as defendants and I want to conduct some discovery before filing complaint. What is the best way to go about it?

Charles M.  Baron
Charles M. Baron answered on Oct 15, 2019

Read the entire Florida Rules of Civil Procedure, which you can find on-line. There is a rule allowing for petitioning the Court to allow for presuit depositions. That rule is rarely used, and in my 34 years of litigation practice, I have never used it. First, it costs just as much to file that... Read more »

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1 Answer | Asked in Civil Litigation for Florida on
Q: Can I sue a toy company for making anatomically correct gender dolls and not warning me

LOL DOLLS WITH MALE PARTS (is a penis and scrotum)

Terrence H Thorgaard
Terrence H Thorgaard answered on Oct 9, 2019

And how were you damaged by this?

1 Answer | Asked in Estate Planning, Civil Litigation, Elder Law and Probate for Florida on
Q: How do I answer summons in TN, when I'm in FL. Civil to force sale of my inheritance, gma's house. No notice of probate.

I'm supposed to appear in Hamilton County Civil court to defend against split of property by sale. Relatives lied to me, never had POA, spent Gma's money. I'm broke. My dad died 9 days before Gma. I got severely depressed, overwhelmed. Tried to get atty's to help, but over the last year 2 agreed,... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Oct 8, 2019

The ONLY way you can do anything to protect yourself is to go to the hearing and tell the judge everything you told us here.

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