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Florida Civil Litigation Questions & Answers
1 Answer | Asked in Civil Litigation, Contracts and Landlord - Tenant for Florida on
Q: On my lease I was required to provide a 60 day notice to vacate . I sent a 30 day notice. Is there anything I can do?

My lease end date is for July 5th. I sent a notice on June 5th as we were not sure if the Covid cases will continue to increase/ decrease before our move out date. I have moved out of the apartments last week. Is it possible to fight the system as I don't think I can manage 2 rent payments at... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Jul 1, 2020

No lawyer can solve a problem that has not happened. So if you are still planning to move on July 5, you will need to wait to see what the landlord is going to do after you move out An option would be to stay put, and then see what happens. That will make you a 30 day tenant not encumbered by any... Read more »

1 Answer | Asked in Banking, Business Law, Civil Litigation and Family Law for Florida on
Q: My hubby everything under LLC and partnership . We are marriage 9 years no marital contract.i stay home with our son 8YR

My hubby everything under LLC and partnership . I never had joint account . We are 9 years marriage. He just sold Marina Profit 500k, By the end of July about to sell His RV campground 9.7M ( will profit 4-5M for sure ) “LLC SHADY GATOR”. recently Got my citizenships. I m stay home mommy (8... Read more »

Linda Liang
Linda Liang answered on Jun 29, 2020

This is complicated. Are you contemplating divorce?

2 Answers | Asked in Civil Litigation for Florida on
Q: Can a defense attorney also be a party in a suit?

I added the attorney as a party after they filed notice of appearance to appear as defense counsel. I assumed this would disqualify them as acting as defense for the other parties and themselves.

Terrence H Thorgaard
Terrence H Thorgaard answered on Jun 26, 2020

Your assumption is probably incorrect. If, however, the attorney is called to testify he or she may be required to withdraw. And if you added the attorney solely as a device to force the attorney to withdraw, you may be subject to sanctions.

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2 Answers | Asked in Civil Litigation for Florida on
Q: What does this mean "order of dismissal without prejudice and order directing the clerk of court to close file"?
Bruce Alexander Minnick
Bruce Alexander Minnick answered on Jun 24, 2020

It means exactly what it says: the case is closed. If unhappy the next step would be to appeal.

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2 Answers | Asked in Civil Litigation for Florida on
Q: My car was totalled. My auto/gap insurance paid some. Can I sue the man for the remaining balance?
Terrence H Thorgaard
Terrence H Thorgaard answered on Jun 23, 2020

Depends upon why the insurance company didn't pay off your loan total.

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3 Answers | Asked in Civil Litigation for Florida on
Q: My attorney thinks my case is waste of time? Should be realistic of outcome???

Judgement in my favor a year n half ago but taxi company didnt have insurance and untouchable in florida?

Charles M.  Baron
Charles M. Baron answered on Jun 19, 2020

If you doubt your attorney's explanation regarding why the company you have a judgment against is uncollectible, seek a second opinion from another attorney by showing all of the documentation that your attorney obtained to make that determination. To reach that conclusion, your attorney... Read more »

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1 Answer | Asked in Civil Litigation for Florida on
Q: Question? In a Video Conferencing with the Judge for motion to dismiss, can an non-party be present on the call

This was a scheduled hearing for Motion to Dismiss filed by the defendants and one of the person that was on the video is the daughter and cousin to the lawyer. She's not part of the lawsuit. Is it appropriate for her to be on the call.

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

Unless the entire legal proceedings in a case have been declared "private" or "secret" by the presiding judge, all court hearings and other proceedings are open to the general public. However, the rules of court still allow fact witnesses to be excluded from the hearing while... Read more »

1 Answer | Asked in Civil Litigation, Civil Rights and Juvenile Law for Florida on
Q: Can i leave my home when i turn 18 even if im still in school?

Im 17 and i will still be in school with a few months left when i turn 18 before i graduate. However i don't wish to continue living under the oppression environment in my home and running away didn't work even though i was 17 with 6 months left before being the age of majority and i was... Read more »

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

Although I strongly advise you not to do it, Florida law will not prevent you from leaving home AFTER you turn 18 years old. Warning: that does not mean 17 years, 11 months; it means 18. (Being in school has nothing to do with it.)

2 Answers | Asked in Civil Litigation and Probate for Florida on
Q: My late father left me the beneficiary of 1 of his homes -the others 2 his wife of 3 months. She took what was willed to

The will was made before their marriage and she's taken control of the house solely left to me

House was in his name.only

Charles M.  Baron
Charles M. Baron answered on Jun 15, 2020

You did not ask a question. Is your question: "Is there something I can do legally to take control of the property that I inherited, when my late father's wife is taking control?" ? Assuming you are an adult, the answer to that question is "of course", with the sole... Read more »

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1 Answer | Asked in Civil Litigation for Florida on
Q: I asked earlier about my ex fiancé GC suing me. The VERBAL agreement was he would not charge for his Time.

How can he have a case to sue me when there is no written contract and the verbal contract was, he would not charge for his time? He did not comply with Construction law in Florida during the process.

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

Presumably he will deny that he verbally agreed not to charge for his time. Then it's his word against yours.

1 Answer | Asked in Civil Litigation for Florida on
Q: Can ex fiancé/ GC sue me & win for his time remodeling my house. I paid all exp but his time-Per the orig agreement

No contract. Verbal agreement was I pay for all except his time. Now because I broke up he wants $50k.

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

And what is your question. It appears that he has a case.

1 Answer | Asked in Civil Litigation, Civil Rights, Intellectual Property and Landlord - Tenant for Florida on
Q: Ex friend threatening to sue for harassment, emotional distress and asked court to return belongings

An old friend of mine was staying at my apartment for about half a month. She never paid rent nor got mail at my establishment. She left belongings here after willingly leaving my home. I have not heard from her in two months. She comes to my door two months later banging and screaming threatening... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Jun 8, 2020

If you have any property that you know belongs to some other person the wise thing for you to do is to return the property to the owner. If you don't the owner can sue you under Florida's bailment statutes. They could also file a complaint with the local police department alleging that... Read more »

1 Answer | Asked in Civil Litigation and DUI / DWI for Florida on
Q: 21 years ago I was 19Yes old. I had a DUI W set injury to an on duty cop. No insurance. I haven’t had a license since.

Served almost four years In prison for that and paid thousands, probation for five years. Still have no License, taking care of a 76 yr old disabled mother and trying to survive without being able to drive around for work is stupid.

I’m willing to enter a payment agreement or fight it or... Read more »

Terrence H Thorgaard
Terrence H Thorgaard answered on Jun 7, 2020

I assume the terms of your conviction included language prohibiting you from getting a license for along period of time. It's too late to "fight it". Contact the governor's office about a possible commutation.

2 Answers | Asked in Civil Litigation and Personal Injury for Florida on
Q: I was sexual assault by father when I was younger than twelve. Seeking guidance on civil litigation for restitution

Seeking restitution in cash and real estate holdings

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

So sorry to hear that. I agree with my colleague Mr. Ferro. You posted you inquiry for Fla. attorneys, yet you are writing from Georgia. You should consult an attorney is the State where your father is located. The main issues to examine are (A) proof of the sexual assault (anything beyond your... Read more »

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2 Answers | Asked in Banking, Civil Litigation and Libel & Slander for Florida on
Q: How can I best deal with someone using my personal information online in a fraudulent way?

A former colleagued has altered her online banking account with my email and address so they will contact me instead of her.

Charles M.  Baron
Charles M. Baron answered on May 31, 2020

That's odd - why would she want her bank to contact you and to send her bank statements, etc., to you instead of her? Whom is she trying to defraud? - and the fraud is causing them to take what action that will benefit her? And why are you wondering what do to - wouldn't you simply... Read more »

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1 Answer | Asked in Civil Litigation, Contracts and Insurance Bad Faith for Florida on
Q: request the validity of a service agreement be deemed invalid due to lack of contract termsFull name of adjuster missing
Charles M.  Baron
Charles M. Baron answered on May 30, 2020

You seem to be sending this "inquiry" over and over again with different wording, yet you do not state what your goal is. Are you a party to the agreement, and if so, is other party breaching it? Are you seeking to get out of the agreement? Are you seeking your money back? Are you... Read more »

1 Answer | Asked in Civil Litigation, Contracts and Insurance Bad Faith for Florida on
Q: Required terms on public adjusters contracts in Florida title 37 Insurance chapter 626 omitted full name of adjuster
Charles M.  Baron
Charles M. Baron answered on May 30, 2020

You did not ask a question. You need help to accomplish what?

1 Answer | Asked in Civil Litigation, Contracts, Consumer Law and Insurance Bad Faith for Florida on
Q: public adjuster Terms of engagement violation affect on validity of service agreement? Florida statute 626.8796

adjuster solicitation via email no license no and name not same as licensed name

Terrence H Thorgaard
Terrence H Thorgaard answered on May 30, 2020

You might get an answer if you use sentences and ask a question.

2 Answers | Asked in Banking, Civil Litigation, Consumer Law and Gov & Administrative Law for Florida on
Q: what are my options once contract signed for car loan process, same day dealer drop price and continued advertising new

After singing and in processing used car loan agreement contract, in the same day local tampa bay dealer drop car price continue advertising price drop. Am I entitled to new car price drop, even loan contract signed,send forbank approval?? what are my options. Thanks,

Bruce Alexander Minnick
Bruce Alexander Minnick answered on May 27, 2020

The (amazing) fact that the dealer lowered the price on the same used car that you were purchasing that same day has nothing to do with your transaction. The written contract you signed was complete when signed.

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3 Answers | Asked in Criminal Law, Civil Litigation, Civil Rights and Communications Law for Florida on
Q: My ex wife recorded a private convo between her and I. She took it out of context and sent it to my wife. Can I sue?

My ex wife and I were having a private conversation and she recorded it without my knowledge. She then sent it to me pregnant wife to upset her by making me look bad because it was taken out of context. Do I have a case?

Bruce Alexander Minnick
Bruce Alexander Minnick answered on May 27, 2020

In Florida it is unlawful to record anyone who has not consented to being recorded. Consider filing a criminal complaint against your ex.

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