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Florida Civil Litigation Questions & Answers
1 Answer | Asked in Civil Litigation and Construction Law for Florida on
Q: We anticipate this going to court. Please let us know what the best course of action would be.

We hired this particular contractor because we wanted the color of an LVP plank that we chose to be matched through stain on unfinished solid hardwood flooring, and he was confident that he could do that for us. He advised us to buy red oak wood and assured us that he would be able to match the... View More

James L. Arrasmith
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answered on Dec 5, 2023

In your case, where the contractor did not fulfill the agreed-upon terms regarding the flooring installation and staining, you have a few options to consider. First, document everything related to the contract: your initial agreement, any communications about the color matching, and the issues with... View More

2 Answers | Asked in Criminal Law, Civil Litigation and Internet Law for Florida on
Q: I’m being harassed online anonymously. They’re not threatening messages, just nasty things about my boyfriend. Can I sue

I have not told them to stop, nor have I blocked them or reported it to instagram yet

Stephen Arnold Black
Stephen Arnold Black
answered on Dec 3, 2023

Under Florida Statute § 784.048 Cyberstalking Statute, the legal definition of the word "cyberstalking" means to communicating with, or causing images, words, or language to be delivered to, a certain person via electronic communication or email, without a legitimate purpose, and that... View More

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1 Answer | Asked in Criminal Law, Civil Litigation and Communications Law for Florida on
Q: Can I record a phone convo with customer service if I receive a notice that "This call will be monitored and recorded?"

I live in Florida. Can I record the phone conversation with multiple customer service representative (within the same single call) of a large bank, if prior to speaking with customer service I receive a notice that "This call will be monitored and recorded"?

Charles M.  Baron
Charles M. Baron
answered on Dec 2, 2023

Re-posting answer to fix typo -

Yes, because the other party to the call is asking your consent to have it be a recorded call (by making recording a condition of being able to speak to that party). But if you plan to use the recording for anything other than your own private listening, you...
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2 Answers | Asked in Civil Litigation and Small Claims for Florida on
Q: Is a Motion for Summary Judgement allowed in Florida small claims court? If so, is an answer required?
Charles M.  Baron
Charles M. Baron
answered on Dec 2, 2023

Though you can file any motion you feel like filing, a small claims court judge is not supposed to use the summary judgment motion procedures that are set forth in the Fla. Rules of Civil Procedure unless those rules have been invoked by court order. The reason small claims court exists is to have... View More

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1 Answer | Asked in Domestic Violence, Personal Injury, Civil Litigation and Criminal Law for Florida on
Q: I was a victim of domestic abuse several times. What is the clause I can sue exwife for it?

I was an international student (19 years old), who married a Puerto Rican woman (24) right after associates degree. I was starting university as a junior when I got married.

My family was happy that I found someone for myself. they all flew in from Canada, Australia & other parts of... View More

Charles M.  Baron
Charles M. Baron
answered on Nov 25, 2023

Sorry to hear about your ordeal. Your inquiry is vague as to when the abuses occurred. You mention, without relating any facts about timing, the phrase "tolling statute of limitations", which is the stopping of the clock for the time counting towards the limitations period, under... View More

2 Answers | Asked in Civil Litigation for Florida on
Q: What are the laws for my things being removed from the home after being evicted?
Charles M.  Baron
Charles M. Baron
answered on Nov 21, 2023

When a tenant receives a court order of eviction, that's an eviction of the tenant him/herself and all of his/her stuff. If the tenant vacates and leaves personal property items on the premises, and does not reach an agreement with the landlord for picking up the items later, the items are... View More

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1 Answer | Asked in Civil Litigation and Family Law for Florida on
Q: Are there Fl laws on can the grandparents of a paternity case dictate the outcome of the case if they pay for attorney?
Barry W. Kaufman
Barry W. Kaufman
answered on Nov 18, 2023

The third party person who pays for the litigant's attorney has no say in how the case progresses, because the payor is not the client. Neither clients nor payors dictate anything; the case progresses according to the law as applied to the facts of the case. If you think that you are going to... View More

1 Answer | Asked in Criminal Law, Civil Litigation and Personal Injury for Florida on
Q: Hello, I just found out that I was kidnapped 13 years ago in Florida.

Aggravated kidnapping is what was done to me and my brother on the property of a night club. If the accuser is found guilty, can I file a lawsuit against the club owner?

Terrence H Thorgaard
Terrence H Thorgaard
answered on Nov 17, 2023

You would have to show that the statute of limitations doesn't apply. What do you mean by indicating that you just found out about the kidnapping? Perhaps you might have a case, of you can prove that the owner was negligent, and that the negligence caused injury to you.

Your case...
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1 Answer | Asked in Civil Litigation for Florida on
Q: Can a ProSe Litigant in Florida conduct a deposition without an attorney?

If yes can you point me to the statute?

Charles M.  Baron
Charles M. Baron
answered on Nov 5, 2023

Yes, if the pro se litigant is in any court other than small claims court (where you must seek leave of court to conduct depos or other discovery). If you are the pro se litigant, you need to read and understand the entire set of procedural rules applicable to your case. The rules include... View More

1 Answer | Asked in Civil Litigation for Florida on
Q: Can a ProSe Litigant in Florida conduct a deposition without an attorney?

If yes can you point me to the statute?

Charles M.  Baron
Charles M. Baron
answered on Nov 13, 2023

Yes, if the pro se litigant is in any court other than small claims court (where you must seek leave of court to conduct depos or other discovery, whether you are pro se or have counsel). If you are the pro se litigant, you need to read and understand the entire set of procedural rules applicable... View More

2 Answers | Asked in Consumer Law and Civil Litigation for Florida on
Q: How do I stop a writ of garnishment?
Charles M.  Baron
Charles M. Baron
answered on Nov 11, 2023

That depends on your facts and the type of garnishment. One issue is whether you are eligible to file a claim of exemption (for example, under one of the categories mentioned in Fla. Statutes Sec. 77.041). If not eligible, the options include trying to work something out with the creditor or... View More

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2 Answers | Asked in Consumer Law and Civil Litigation for Florida on
Q: How do I stop a writ of garnishment?
Terrence H Thorgaard
Terrence H Thorgaard
answered on Nov 11, 2023

If you have received notice that your bank account or wages have been garnished, you need to get a form from the clerk of court on which you would claim whatever exemption applies to you. You send a copy to the judgment creditor and a hearing will be held at which you can testify under oath... View More

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1 Answer | Asked in Civil Litigation and Small Claims for Florida on
Q: Are there any lawyers in Florida that can help me prepare a complaint and a demand letter for Small Claims court

I live in Sarasota County Florida. I have a very good countersuit against American Express. I would prefer to find a lawyer that would take this potential Identify theft by an AMEX employee along with provable fraud on the Loan Agreement (Forgery or falsification of the form etc) on a contingency... View More

Charles M.  Baron
Charles M. Baron
answered on Nov 10, 2023

Sure, there are some lawyers handling general practice or general civil litigation who can advise you on how to represent yourself in small claims court, including assisting the the forms. Searching for "lawyers" "small claims" "[your location]" would be a start.... View More

1 Answer | Asked in Civil Litigation, Contracts and Landlord - Tenant for Florida on
Q: Eviction in my rights with an oral agreement not being held up on homeowners end

Almost purchased to provide for my son and myself we were promised no rent until after my son graduated high school I was then shocked and surprised to find out they were selling the home because the potential new buyer had knocked on the door asking to come in and take pictures. I let them in they... View More

James L. Arrasmith
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answered on Oct 23, 2023

In Florida, oral agreements, although harder to prove than written ones, can be enforceable. If you had an oral agreement with the homeowner about living in the property rent-free until after your son's graduation, and the homeowner did not uphold this agreement, you might have a defense... View More

3 Answers | Asked in Personal Injury and Civil Litigation for Florida on
Q: My husband punched someone 2 1/2 years ago and we were just served with a civil lawsuit. What type of lawyer do we need?

He was already arrested, charged, sentenced in criminal court for battery. And the victims claims seem outlandish.

Charles M.  Baron
Charles M. Baron
answered on Oct 12, 2023

Your husband needs an attorney handling either personal injury defense or general civil litigation. One aspect of this situation to be evaluated by an attorney is whether your husband could be judgment-proof, meaning if he gets hit with a money judgment, is there anything for the plaintiff to... View More

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2 Answers | Asked in Civil Litigation and Municipal Law for Florida on
Q: My neighbor has a speaker outside pointed at my house playing loud music 12 to 14 hours a day 7 days a week

He plays the music even when he's not home and he is never outside. Is there anything I can do? Isn't this considered harassments?

Charles M.  Baron
Charles M. Baron
answered on Oct 6, 2023

Mr. Thorgaard gave a somewhat humorous but correct answer that you, as a non-lawyer, might not understand. You may be able to sue on the ground of nuisance - that is, to seek a court order to stop the nuisance activity and possibly for money damages. A lawyer letter threatening to sue for nuisance... View More

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3 Answers | Asked in Criminal Law, Civil Litigation, Constitutional Law and Federal Crimes for Florida on
Q: i am the victim of a kidnapping, false imprisonment, car jacking, assault/battery. What kind of lawyer should I look for

Polk county, I was cleaning a friends yard when he ex rolls up, assaults me, steals my truck, takes my phone, makes me ride with him, until I finally jump out, run and call the police from my smart watch. I would like to know what kind of lawyer I should be looking into. I need help with all of the... View More

Charles M.  Baron
Charles M. Baron
answered on Oct 1, 2023

You have the right to make a claim for money damages against the perpetrator for actual monetary losses and for pain and suffering damages. If you have monetary losses directly caused by the crime, first speak to the prosecutor (Asst. State Attorney) because he/she may be able to seek restitution... View More

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3 Answers | Asked in Criminal Law, Civil Litigation, Constitutional Law and Federal Crimes for Florida on
Q: i am the victim of a kidnapping, false imprisonment, car jacking, assault/battery. What kind of lawyer should I look for

Polk county, I was cleaning a friends yard when he ex rolls up, assaults me, steals my truck, takes my phone, makes me ride with him, until I finally jump out, run and call the police from my smart watch. I would like to know what kind of lawyer I should be looking into. I need help with all of the... View More

James L. Arrasmith
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answered on Oct 15, 2023

In your case, you may want to seek legal representation from a criminal defense attorney who specializes in violent crimes or assault cases. While you are not the one facing criminal charges, having an attorney with expertise in criminal law can help ensure your rights are protected, and they can... View More

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1 Answer | Asked in Civil Litigation, Contracts, Real Estate Law and Probate for Florida on
Q: Father in law passed away and my wife and I are listed as Joint tenants with full right of survivorship.

My wife’s brother is the executor of the will. We are selling the house that I am making the mortgage payments on. The mortgage is in my father in laws name and the executor is demanding that all proceeds go into the deceased estate and he is entitled to 1/3 after he settles the estate using the... View More

Lauren Nagel Richardson
Lauren Nagel Richardson
answered on Sep 28, 2023

If this property is joint tenants with rights of survivorship between your late father in law and you and your wife, then you and your wife are the 100% owners. All you would have needed to do is record his death certificate. If these are the facts, then the property is not part of the estate. You... View More

2 Answers | Asked in Civil Litigation, Contracts, Real Estate Law and Probate for Florida on
Q: Do I need to contact my local law enforcement if I believe my signature was used to forge petition to the court

I was personal rep on the estate of my mother and step father, I was ill-advised in the beginning of the probate process and due to a serious of events that followed the house was going to foreclosure so I worked with an investor to sell the home and he wrote a contract full of manipulative... View More

Charles M.  Baron
Charles M. Baron
answered on Sep 27, 2023

Forgery of course is a crime, and it's generally a good idea to report it to the law enforcement agency in the locale where the crime occurred. However, if I were you, before anything, I'd schedule a consultation with a probate litigation attorney. Your post is unclear on what you mean... View More

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