Lawyers, Answer Questions  & Get Points Log In
Florida Civil Litigation Questions & Answers
1 Answer | Asked in Animal / Dog Law and Civil Litigation for Florida on
Q: In florida how long do I have to file a lawsuit against someone who's dog injured my dog on my property?
Charles M.  Baron
Charles M. Baron answered on Nov 22, 2020

The Fla. limitations period for both damage to personal property (dog) and negligence (other than professional malpractice) is four years. This answer is given as guidance only. Any time there is an issue of your claim being potentially barred by the statute of limitations, do not rely solely on... Read more »

1 Answer | Asked in Civil Litigation for Florida on
Q: Motion to dismiss hearing?

Motion to Dismiss?

I scheduled a motion to dismiss the meeting for 30minutes and Plaintiff agreed to the meeting date, but not 30 minutes. In the agreed-upon date and time, the Plaintiff stated and agreed to meet for 15 minutes and not 30 minutes. Can the meeting be canceled on the grounds... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Nov 19, 2020

There is no rule that says the parties have to agree on anything--much less the time allotted for a motion hearing.

If you are trying to defend yourself against a plaintiff who apparently thinks more about the chances of winning than you, do I advise you to stop right now and search for a...
Read more »

1 Answer | Asked in Car Accidents, Civil Litigation and Criminal Law for Florida on
Q: If the driver dies in a car accident in Florida, & they are driving someone else car with no license, who is responsible

I borrowed my girlfriends car. I told my sister she could use it to take her boyfriend home. She didn't & instead asked a friend to drive hin using my girlfriends car. The friend driving my girlfriends car wrecked & was killed. Would the owner of the car insurance cover the cost of... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Nov 17, 2020

1. The short answer to most of your questions is that the insurance company that insured the car that was wrecked is the best source to get answers to all of your many questions.

2. Second guessing them I will only say that you and your sister and everyone else involved here have DIFFERENT...
Read more »

2 Answers | Asked in Contracts and Civil Litigation for Florida on
Q: Can I get a refund on a cancelled vacation rental property?

We live in Illinois. We booked a vacation rental property on Captiva Island for Mar 28-Apr 4, 2020. The rental was facilitated VRBO; actual booking was with Dream Vacation Rentals (DVR). We cancelled due to Covid. The Illinois governor issued a "no leisure travel" order on March 20.... Read more »

Richard Paul Zaretsky
Richard Paul Zaretsky answered on Nov 16, 2020

This is a great question.

And actually the answer is simple.

Did the seller of the service perform? No.

Did you prevent the seller from performing? No.

Did you pay for a service and not receive it? Yes.

You are entitled to a full refund.

It gets...
Read more »

View More Answers

2 Answers | Asked in Civil Litigation for Florida on
Q: My counsel filed a motion to withdraw. A hearing is being held via Zoom in one week. Can a this hearing be continued?

I need more time to familiarize myself with Zoom and consider retaining new counsel. Thanks

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Nov 16, 2020

Rather than waste time trying to "familiarize yourself with Zoom" why not just seek new counsel? Why? Because most judges will NOT require a lawyer to stay in a case because there is an obvious conflict already.

View More Answers

2 Answers | Asked in Civil Litigation for Florida on
Q: I recently relocated from Georgia and I received a motion to dismiss hearing request in a State Civil matter in Florida.

I recently relocated from Georgia and I received a motion to dismiss hearing request in a State Civil matter in Florida. I want to respond to the motion, but I am not aware in Florida how many days I have to respond.

The opposing party asks for a date for the hearing, but I want to request... Read more »

Terrence H Thorgaard
Terrence H Thorgaard answered on Nov 16, 2020

The Florida Rules of Civil Procedure (http://phonl.com/fl_law/rules/FRCP/) don't specify a set amount of time in which to respond. You haven't indicated much about the motion, other than it is a motion to dismiss. But generally in Florida courts nothing happens without a hearing. To be... Read more »

View More Answers

1 Answer | Asked in Civil Litigation for Florida on
Q: When a motion to dismiss is submitted how many days does the Plaintiff have to respond? Thank you.
Charles M.  Baron
Charles M. Baron answered on Nov 15, 2020

That depends on whether you are in State or Federal Court. In State (Circuit or County), motions to dismiss are set for hearing, and the plaintiff has the option of filing a response at any time and arguing at the hearing, or instead just argue at the hearing. In Federal, the Local Rules for the... Read more »

1 Answer | Asked in Civil Litigation and Criminal Law for Florida on
Q: I was molested by a Catholic priest when I was 16/17 years old. I was given alcohol and money.

I never told anyone. 38 years later, I told another priest from my childhood. He never reported it to anyone including the Diocese of Orlando or Florida’s DCF. Did he commit a crime by not reporting abuse that happened when I was a teenager? Are mandatory reporters supposed to report past cases... Read more »

Henry George Ferro
Henry George Ferro answered on Nov 11, 2020

He is not, in my opinion based on your assertions, a mandatory reporter. The priest hearing your confessions is not required to make a report under the circumstances you are alleging.

1 Answer | Asked in Civil Litigation for Florida on
Q: In a lawsuit that is dismissed without prejudice can Plaintiff refile at a later time?

In this case, the statute of limitations has passed.

Charles M.  Baron
Charles M. Baron answered on Nov 11, 2020

"Without prejudice" is synonymous with "may be refiled", but the statute of limitations does apply. Therefore, it may not be refiled beyond the limitations deadline. However, laypersons sometimes don't realize when the limitations period actually starts to run and... Read more »

1 Answer | Asked in Civil Litigation, Criminal Law and Civil Rights for Florida on
Q: How does two party consent law apply when using a phone call in a criminal case that was not consented to by the other

Party

Terrence H Thorgaard
Terrence H Thorgaard answered on Nov 11, 2020

While the recording of the call might be considered illegal if in violation of the consent laws, it's use as evidence probably would not be excluded unless it was done by the government.

2 Answers | Asked in Criminal Law, Personal Injury, Civil Litigation and Domestic Violence for Florida on
Q: Should medical treatment of someone rolling a car over another's foot be covered by car insurance or personal insurance?

This is a continuation of a prior question ("Can son press charges on ex-girlfriend who ran over his foot and drove off in his car?").

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Nov 9, 2020

I am sorry to inform you that there may never be an answer to this dilemma because the dispute involved two different kinds of insurance companies--neither of which will ever accept the claim.

View More Answers

1 Answer | Asked in Civil Litigation for Florida on
Q: Does a MOTION FOR DEFAULT start at the end of business on the 20th Day? Please let me know if you have until the

end of the business day on the 20th day after the complaint was served. I know this does not matter, I had a power outage as a result of hurricane Eta. Do the 20 days include calendar days or are the 20 days counted as Monday thru Friday? Or do they include weekends? If I lose the matter because I... Read more »

Terrence H Thorgaard
Terrence H Thorgaard answered on Nov 9, 2020

Florida Civil Rule 1.090 provides, in pertinent part, as follows:

"(a) Computation. In computing any period of time prescribed or allowed by these rules, by order of court, or by any applicable statute, the day of the act, event, or default from which the designated period of time...
Read more »

3 Answers | Asked in Real Estate Law and Civil Litigation for Florida on
Q: neighbor put up fence on his property and wants half the cost for fence line that faces my property. Am I responsible

h a Lawyer in minutes, 24/7

Ely, JD

Ely, JD

LawyerExpert in family, criminal, consumer protection, and business law

60,318 Satisfied customers

Pearl

Pearl Wilson, Expert's Assistant

Welcome! How can I help with your legal question?... Read more »

Terrence H Thorgaard
Terrence H Thorgaard answered on Nov 8, 2020

In general, no; not unless you previously agreed to share the cost of the fence, or perhaps if zoning regulations, covenants, etc. require a fence.

View More Answers

1 Answer | Asked in Criminal Law, Civil Litigation and Domestic Violence for Florida on
Q: Can son press charges on ex-girlfriend who ran over his foot and drove off in his car?

Our son wants to press charges on his ex-girlfriend who ran over his foot with HIS car, but officer is saying he can't because he went in front of a moving vehicle. Briefly: Oct. 25, as son drove into the parking lot of ex-girlfriend's residence (she was passenger), an argument started.... Read more »

Charles M.  Baron
Charles M. Baron answered on Nov 6, 2020

Whether criminal charges may be initiated is solely the decision of law enforcement - either the police or the State Attorney's Office (prosecutor's office). If the reporting officer refused to either charge or commence a criminal investigation, you could try the intake office of your... Read more »

1 Answer | Asked in Civil Litigation for Florida on
Q: I was recently sued and given 20 days to answer the complaint. When I finally prepared and responded to the Complainant

I was recently sued and given 20 days to answer the complaint. When I finally prepared and responded the Complainant dismissed with prejudice and the matter is over. Can I take any action for responding against the complainant?

Terrence H Thorgaard
Terrence H Thorgaard answered on Nov 5, 2020

It appears that you, a non-attorney, drafted an answer and somehow also got the lawsuit dismissed with prejudice; congratulations. But no, while there are certain circumstance under which attorney's fees can be recovered, generally you cannot recover attorney's fees if you weren't... Read more »

1 Answer | Asked in Business Formation, Business Law and Civil Litigation for Florida on
Q: Does a Florida single-member LLC offer personal asset protection in the event of a lawsuit?

I am a Home Health Physical Therapist Assistant (1099 Independent Contractor) in FL. I have professional liability insurance but want to make sure my personal home, retirement, savings and investment accounts are safe if I am sued. I set up a single-member LLC, but my accountant recommended to... Read more »

Charles M.  Baron
Charles M. Baron answered on Nov 3, 2020

You seem to be concerned about protecting yourself from any professional malpractice suits, which is what professional liability insurance is for. If you provide your services under an LLC, you'd need to insure both the LLC and yourself individually, and if that causes a substantial... Read more »

1 Answer | Asked in Civil Litigation for Florida on
Q: Company keeps sending me bills for account which is fully paid. Won't stop, can I sue for harassment?

They keep sending me a bill for durable medical device my medical insurance has paid in full. I have called multiple times and have written letters providing the proof it has been paid & asking them to stop harassing me and they will not stop.

Charles M.  Baron
Charles M. Baron answered on Nov 3, 2020

You're writing from NV but posting to FL, so it's likely that this will be seen only by FL lawyers, who cannot comment on NV law (without researching it). Also, I assume you mean the company that sold the device, not a collection agent for the company (which triggers a different set of... Read more »

1 Answer | Asked in Civil Litigation, Real Estate Law and Contracts for Florida on
Q: I have a couple living with me for 2 years now. Was supposed to be for 2 months. There is no lease. Can I tell them to

Move out or must they stay because of COVID mandate? She is an alcoholic and he is never here.

Barbara Billiot Stage
Barbara Billiot Stage answered on Oct 29, 2020

You can tell them to leave, but if they do not leave on their own you will have to file a court action for an unlawful detainer to get them out of your house.

1 Answer | Asked in Civil Litigation for Florida on
Q: A complaint with the Bar investigation and Civil litigation at the same time. Can you postpone Bar and resolve civil?

The Bar rule —and recommend deferral of grievance committee review until the conclusion of a parallel civil case. Can the complainant or respondent inform the bar of this request?

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Oct 28, 2020

1, Your question does not make sense the way it is written.

2., If there is a Bar complaint pending, the Bar already knows that; so no need to report it.

3. If there is a Bar investigation going on at the same time the lawyer is involved in civil litigation the lawyer certainly...
Read more »

1 Answer | Asked in Civil Litigation and Animal / Dog Law for Florida on
Q: Who is liable for death of pet, company or employee caring for pet at time of death?

Let’s assume an individual is an employee of dog daycare company. A dog, genetically predisposed to breathing complications and overheating dies, without intent from employee, while under care of employee after extraneous exercise for particular breed. Dog requires thousands of dollars in... Read more »

Charles M.  Baron
Charles M. Baron answered on Oct 27, 2020

When you say, "let's assume", it sounds like a hypothetical (such as a law school exam question), particularly since you are asking about the legal rights of both sides. If this is a real-life situation, I suggest you re-post to specify your role in this situation and to ask for... Read more »

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.