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Florida Civil Litigation Questions & Answers
1 Answer | Asked in Consumer Law and Civil Litigation for Florida on
Q: In Florida: how do I get a car that I gifted to someone & a title back from someone?
Phillip William Gunthert
Phillip William Gunthert
answered on Jun 1, 2023

You generally do not or can not because as you have stated, you have gifted it to them and put the title/transferred it into their name, this completes the transfer and gift. Your only hope would be some type of civil action with a civil litigation attorney related to some sort of misunderstanding,... Read more »

2 Answers | Asked in Family Law and Civil Litigation for Florida on
Q: My aunt willed me a car. Shes 99. Lawyers gave me the car. She can't drive. Now she is freaking out. Wants it back
Charles M.  Baron
Charles M. Baron
answered on May 28, 2023

You didn't ask a question, but I suppose your question is, "Do I have to give the car back?" Hard to say from the brief info in your post. First, the distributions under your aunt's Will cannot happen until she dies, so her Will is irrelevant at this point. That means the car... Read more »

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2 Answers | Asked in Contracts, Civil Litigation and Elder Law for Florida on
Q: LAWS REGARDING? MY LEASE WAS FORGED WITH MY SIGNATURE & BACK DATED, RETURNED WITH NONE OF MY NOTES, IT WAS 32 PAGES.

1. ON 3/23 I SENT SEVERAL EMAILS ASKING FOR MY "ORIGINAL LEASE I SIGNED WITH MY NOTES". 1 MONTH LATER STILL NO RESPONSE.

2. I APPROACHED ASST. TO THE MANAGER, WHO ADMITTED RUDELY [in front of other residents] "IT'S A LEGAL DOCUMENT, YOU ARE NOT SUPPOSED TO WRITE... Read more »

Terrence H Thorgaard
Terrence H Thorgaard
answered on May 24, 2023

Send them written notification by certified mail that what they gave you was not the same as what you signed. If they seek to enforce terms different than what you signed, you can try to prove the different terms. But unless you kept a copy including your 'notes' and missing pages, you... Read more »

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2 Answers | Asked in Contracts, Civil Litigation and Elder Law for Florida on
Q: LAWS REGARDING? MY LEASE WAS FORGED WITH MY SIGNATURE & BACK DATED, RETURNED WITH NONE OF MY NOTES, IT WAS 32 PAGES.

1. ON 3/23 I SENT SEVERAL EMAILS ASKING FOR MY "ORIGINAL LEASE I SIGNED WITH MY NOTES". 1 MONTH LATER STILL NO RESPONSE.

2. I APPROACHED ASST. TO THE MANAGER, WHO ADMITTED RUDELY [in front of other residents] "IT'S A LEGAL DOCUMENT, YOU ARE NOT SUPPOSED TO WRITE... Read more »

Charles M.  Baron
Charles M. Baron
answered on May 24, 2023

First, forgery is a crime that can be reported to the police, and can result in arrest. Whether you should report it in your situation is a decision for you to make based on factors that include the relationship you wish to have with the landlord and any potential retaliation (though retaliation... Read more »

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2 Answers | Asked in Civil Litigation for Florida on
Q: Does filing a petition to remove a case to federal court exempt a defendant from adhering to Florida’s Rule 1.140?

Florida’s Rule 1.140 require defendants to file affirmative defenses within 20 days of bring serve. Does filing a petition to remove a case to federal court exempt a defendant in Florida from complying with Rule 1.140 and responding to a complaint within 20 days?

Charles M.  Baron
Charles M. Baron
answered on May 24, 2023

Generally, removal to Federal Court is not by petition, but rather by notice of removal that requires removal without needing State Court approval. Then the plaintiff may then file a motion to remand the case back to State Court if there are any grounds to do so, including technical defects in the... Read more »

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5 Answers | Asked in Contracts, Civil Litigation and Real Estate Law for Florida on
Q: Should my HOA inform us if they are using a toxic chemical for yard services (i.e. Round-up) ?
John Michael Frick
John Michael Frick
answered on May 22, 2023

Maybe, but there’s no legal requirement to do so.

Round-Up provides a great illustration why. The FDA has determined that Round-Up is not harmful to humans after very extensive research and analysis. Yet there are some who disagree. There is even litigation over this particular...
Read more »

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5 Answers | Asked in Contracts, Civil Litigation and Real Estate Law for Florida on
Q: Should my HOA inform us if they are using a toxic chemical for yard services (i.e. Round-up) ?
Charles M.  Baron
Charles M. Baron
answered on May 22, 2023

Yes - if you request the information and that info is in their possession, but otherwise, probably not. Request copies of all contracts with such service providers, all invoices, all receipts for items purchased for the services, all documents showing materials and chemicals used, and whatever... Read more »

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5 Answers | Asked in Contracts, Civil Litigation and Real Estate Law for Florida on
Q: Should my HOA inform us if they are using a toxic chemical for yard services (i.e. Round-up) ?
Charles M.  Baron
Charles M. Baron
answered on May 28, 2023

I am adding to my prior answer here. I discovered that the Fla. Dept. of Agriculture and Consumer Services maintains a registry of persons wishing to be notified of the use of pesticides on properties adjacent and contiguous to the person’s primary residence. If your application to get on the... Read more »

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1 Answer | Asked in Civil Litigation, Landlord - Tenant, Divorce and Family Law for Florida on
Q: Can my husband evict me or sell the house without telling me, causing me and the children to have to move unexpectedly?

The house is in his name only but I am a successor in interest, he bought it when we were together but not yet married, I have been paying the mortgage by myself for over a year. What can I do to protect myself and kids from becoming homeless unexpectedly?

Rand Scott Lieber
Rand Scott Lieber
answered on May 13, 2023

If you are married and living in the house then you have a marital interest in the house and cannot be evicted. Your remedy (protection) would be to file a divorce action in family court. This will help you enforce the legal rights of you and your children. Speak with a local family attorney for... Read more »

1 Answer | Asked in Civil Litigation for Florida on
Q: can I get a injunction on a neighbor blowing me out of my home with loud music? Im in Plant city Fl.

I have been getting blasted out of my home for 10 years now from several neighbors,1 is blasting me out right now and has been since 3:00pm and it's 8:30pm now. he is entertaining about 40 people in his back yard, he is on 4 acres and Im on 1 acre,he is 800 feet away,the low frequency bass... Read more »

Charles M.  Baron
Charles M. Baron
answered on May 8, 2023

Schedule a consultation with an attorney in your area. An attorney's harsh demand letter might do the trick.

Also, your local code likely has a decibel limit, at least for certain time frames of the day, and there are gizmos for measuring decibel levels in your home. If code...
Read more »

1 Answer | Asked in Civil Litigation for Florida on
Q: Civil case dismissed with prejudice, does court or plaintiff give notice to defendant of appeals so case can be re-filed
Charles M.  Baron
Charles M. Baron
answered on May 5, 2023

You are apparently posting this inquiry after your prior one in which I gave the information about potential ability to appeal a dismissal with prejudice. If the case is dismissed with prejudice, it CANNOT be re-filed, but it possibly may be appealed (to a higher court) within 30 days of entry of... Read more »

1 Answer | Asked in Civil Litigation for Florida on
Q: If a civil case is dismissed with prejudice, can it be refiled?

A civil case was dismissed with prejudice and has now been refiled.

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

No, a dismissal with prejudice means the Court has decided that the case is over in that particular court and cannot be re-filed. A dismissal without prejudice means the plaintiff has an option to either amend the complaint or file a new lawsuit on the same basis, depending on the circumstances.... Read more »

1 Answer | Asked in Contracts and Civil Litigation for Florida on
Q: Getting sued for civil theft, cyber security infringement, cyber theft, blackmail, scamming, extortion

Hello everyone, I was hired as a marketing manager and for some administrative work by an individual who owns a small business. However, after one or two weeks, she began giving me tasks related to building her website, which falls under web development and not marketing or administrative work at... Read more »

Terrence H Thorgaard
Terrence H Thorgaard
answered on Apr 20, 2023

It's not clear whether you were an employee or an independent contractor. But in any case, it appears that you did the website work for her. If so, the content was hers, and you had no right to delete the content. So, I suggest that you offer to restore it to how it was before you quit.... Read more »

1 Answer | Asked in Civil Litigation and Landlord - Tenant for Florida on
Q: living with a roommate that is violent with anger issues and plays music in a very high volume 24/7 and broke the fire

broke the fire alarm from a punch in the wall. is there any chance I could just leave before the contract end? I live in Orlando Florida and my contract ends in the end of july

Charles M.  Baron
Charles M. Baron
answered on Apr 19, 2023

By "contract", I assume you mean a lease, but it's unclear from your inquiry whether your landlord is the roommate or someone else. Either way, there is a procedure under Fla. Statutes Section 83.51 for a written 7-day "cure" notice giving the landlord 7 days to comply... Read more »

1 Answer | Asked in Personal Injury, Civil Litigation and Civil Rights for Florida on
Q: I’m on vacation in Kissimmee Fl I brought an electric scooter with me. Yesterday afternoon I was driving on the sidewalk

The sidewalk has a ft drop I lost control and fell road rash and cracked my ankle went to urgent care over $500 dollars and I have a doctors note for at least a week off and broken scooter are they liable?

Charles M.  Baron
Charles M. Baron
answered on Apr 15, 2023

If it's a public, street-side sidewalk, there is a possibility that the government entity controlling it would be liable to you, though it might raise a defense of the condition being open and obvious if the matter were to be litigated. For this kind of claim against a local government, you... Read more »

1 Answer | Asked in Personal Injury and Civil Litigation for Florida on
Q: Hello, does the discovery rule applies if I discover an injury from an assault and battery 13 years ago?

I am having several possible symptoms of PTSD from an incident that happened in Miami Florida May 28, 2010 at a nightclub. I want to get a diagnostic done before I take any action

Terrence H Thorgaard
Terrence H Thorgaard
answered on Apr 14, 2023

No. The "discovery rule" you are thinking about is that if you only became aware of the tort now, you might be able to sue despite the tolling of the statute of limitations. It appears that you became aware of the tort when it happened, so you should have figured out what damages you... Read more »

2 Answers | Asked in Civil Litigation, Contracts and Small Claims for Florida on
Q: Can a Statement of Claim in Replevin be filed to get an item to be used as evidence in a related Small Claim?

The item is a $2 tool with sentimental value to the Plaintiff, was used in service to the Defendant, was used to provide a more valuable service, probably why Defendant is detaining the tool. Plaintiff suing for payment of service. Would the Statement of Claim and the Statement of Claim in... Read more »

Terrence H Thorgaard
Terrence H Thorgaard
answered on Apr 9, 2023

The order in which you put the allegations of your statement of claim probably doesn't make any difference. But if you want to use the tool as evidence at the trial you should probably bring this up at the pretrial conference (or mediation, of mediations are used in your county) so that the... Read more »

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1 Answer | Asked in Civil Litigation, Land Use & Zoning and Real Estate Law for Florida on
Q: May I remove a DEAD 4'single shrub plant that was planted on the property line. Neighbor says don't touch it or will sue

Just moved to the home 3 months ago. Have had the property line survey done twice to be certain of location of

dead bush. This type of plant has thorns up to 2 inches long and very sharp. Surveyor says plant is 6 inches over the line on our property. Lake Co. FL. Thank you.

Terrence H Thorgaard
Terrence H Thorgaard
answered on Mar 30, 2023

May you remove a dead shrub from your property? Certainly. And if the neighbor does sue you, and if the judge doesn't believe your expert witness surveyor (who you will have subpoenaed at the trial, hopefully) and rules that the shrub was on the neighbor's property, what damages will... Read more »

1 Answer | Asked in Business Law, Civil Litigation and Personal Injury for Florida on
Q: Are you allowed to restrain a person that is destroying or vandalizing your property whether it is personal or business?
Terrence H Thorgaard
Terrence H Thorgaard
answered on Mar 23, 2023

In general, yes, assuming that by "restrain" you mean the use of non-deadly force. Florida Statute 776.031 provides, in pertinent part, that

"(1) A person is justified in using or threatening to use force, except deadly force, against another when and to the extent that...
Read more »

1 Answer | Asked in Civil Litigation and Municipal Law for Florida on
Q: What can be done if code enforcement officer will not enforce an invasive and costly violation?

Months ago, code enforcement officer gave violation notice to homeowner who was decreasing value of our neighborhood by violating an ordinance. Homeowner continued to violate ordinance; code enforcement was called again. This time the code enforcement officer sided with the violator for no good... Read more »

Charles M.  Baron
Charles M. Baron
answered on Mar 19, 2023

First discuss with the head of code enforcement, and if no result, discuss with the local government head administrator (could be mayor or could be city/county manager) and/or the elected official representing your area on the local commission/council.

A potential legal action route might...
Read more »

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