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Florida Civil Litigation Questions & Answers
1 Answer | Asked in Civil Litigation for Florida on
Q: My in laws bought us a 325,000$ home my .? Is what rights do I have I’m not on the deed or mortgage

My wife said she was only being added to the insurance the plan was refinancing the house in 3-5 years once my in laws got there return off the investment then signing the house over to us but I seen the deed and all 3 of there names are on it me and my wife are legally married before the house was... Read more »

Michael  Mayoral
Michael Mayoral answered on Oct 19, 2021

By the sound of it, her interest in the house is basically "marital property." Unless a couple has a valid written agreement stating otherwise, marital property in Florida includes all assets and debts either spouse acquires during the marriage. Spousal rights in Florida allow spouses to... Read more »

1 Answer | Asked in Personal Injury, Workers' Compensation, Civil Litigation and Civil Rights for Florida on
Q: Workers Compensation

why my workers comp attorney won't send my personal injury attorney my file case?

Domenic J. Celeste
Domenic J. Celeste answered on Oct 18, 2021

Without more information, it's difficult to answer this question. There can be a host of reasons such as your work comp attorney wanting to be paid by your personal injury attorney for documents that he/she will be producing, etc. Really, though, your work comp and personal injury attorneys... Read more »

3 Answers | Asked in Civil Litigation and Family Law for Florida on
Q: Do I have to sign over 50% of my business to my soon to be ex husband?

He is trying to force me to sign over half of the business or he will keep our son from me until we go to court.

Jane Kim
Jane Kim answered on Oct 12, 2021

You need to consult with a divorce lawyer in your area. Nobody can "force" you to do anything, it is called coercion and is illegal. Both of you have to come to an agreement on how to divide the assets and liabilities of the business, if that's what you'd like, and then follow... Read more »

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1 Answer | Asked in Civil Litigation for Florida on
Q: When you file a response to a motion to dismiss and the opposing party files a REPLY and further motion to dismiss how

When you file a response to a motion to dismiss and the opposing party files a REPLY and further motion to dismiss after a hearing for a Motion to dismiss how long do you have to reply. The Judge did not dismiss the case at the motion to dismiss hearing. I want to REPLY if I need to reply.

Michael  Mayoral
Michael Mayoral answered on Oct 11, 2021

Generally speaking, you don't NEED to file a written response to a motion to dismiss, although it is generally advisable to do so. From the facts presented it looks like:

1) Other side filed a motion to dismiss, you filed a response, other side filed a reply, then the court denied the...
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1 Answer | Asked in Civil Litigation for Florida on
Q: As a plaintiff in civil litigation do you get to review your attorney's demonstrative exhibits before the trial?

And do you get to review the defendant's demonstrative exhibits prior to trial as well?

Terrence H Thorgaard
Terrence H Thorgaard answered on Oct 10, 2021

Your attorney works for you, so simply ask your attorney to let you see them.

As far as the defendant's exhibits, yes, the defendant is obligated to give your attorney a copy before trial. So, again, ask your attorney for them.

1 Answer | Asked in Civil Litigation for Florida on
Q: CC lawsuit, gone to abatement status, Fl statutes of limitations expired. Last payment 7/20/2016. Can Plaintiff proceed?

Suit was filed on 4/24/19. Answer to court, requested documents, certified mail. Never received, never requested trial date.

Terrence H Thorgaard
Terrence H Thorgaard answered on Oct 8, 2021

It is unclear what you mean by "Never received"; did the plaintiff not receive your answer, the court, or both? If, as you indicate, it was sent by certified mail, you should have proof if receipt.

In any event, check the clerk of court's website to review the online docket....
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1 Answer | Asked in Personal Injury, Civil Litigation, Government Contracts and International Law for Florida on
Q: Got injured on the job

I got injured on the job by a coworker. do I have to accept worker’s compensation?

Domenic J. Celeste
Domenic J. Celeste answered on Oct 7, 2021

I'm not sure why the labels for this question include government contracts and international law, but, if this is an accident that occurred at work in Florida and is not a Federal Agency, if you were injured on the job, in almost all circumstances, your only choice is workers'... Read more »

1 Answer | Asked in Personal Injury, Civil Litigation, Civil Rights and Libel & Slander for Florida on
Q: I've been trespassed 12X & had 25 - 911 Calls on me w/ Zero Arrests. Do I have a case? I'm in Florida.

I have done nothing wrong. I have Bipolar 1/OCD/Anxiety & some other health issues.

I have no criminal past & no violent history. I've never threatened anyone or been inappropriate with anyone at any of these businesses. Just about all of the phone calls are businesses. One... Read more »

Domenic J. Celeste
Domenic J. Celeste answered on Oct 7, 2021

I'm not exactly sure what you are asking here. It seems that you are asking whether you have a case for discrimination due to your Bipolar/OCD/Anxiety disorders against these establishments who've called 911 and that have alleged that you've trespassed. I'm not sure what the... Read more »

1 Answer | Asked in Criminal Law, Civil Litigation, Civil Rights and Construction Law for Florida on
Q: My inhearents is being stolen and iam the admenstator and my daughter is not allowing me to do my job amd is keepung an
Henry George Ferro
Henry George Ferro answered on Oct 7, 2021

This is not a criminal law case. It appears that if there is an inheritance and you are the administrator of the estate…you are the one that controls the distribution and management of the assets. How is your daughter keeping you from doing what you need to?

Doesn’t make sense…

1 Answer | Asked in Civil Litigation for Florida on
Q: If a third party doesn't comply with a subpoena to produce their emails can anything be done to force compliance?
Charles M.  Baron
Charles M. Baron answered on Oct 6, 2021

Sure, same as any other subpoena. If there's no timely objection filed, the party issuing the subpoena may set for hearing a motion to compel the production. If there is a timely objection filed, either side may set a hearing on the objection.

1 Answer | Asked in Criminal Law, Civil Litigation, Civil Rights and Constitutional Law for Florida on
Q: Caso Víctima de una falsa detención, discriminad acceso a la justicia le fue arrebatada una orden injunction a su favor.

Case Victim of a false arrest, discriminated against access to justice since a protection order was snatched from her with false reports by the Police, later sentenced "Not just cause"

4 months later he was arrested for the same charge but with reports of aggressions that did not... Read more »

Henry George Ferro
Henry George Ferro answered on Oct 6, 2021

My only suggestion is for you to meet with a lawyer and discuss possible options…I will warn you that you might have to pay for consultation and review of your file.

3 Answers | Asked in Civil Litigation and Probate for Florida on
Q: What recourse do I have w/ a law firm on the problem stated below?

An aggregate settlement for 25 cases on a tobacco case was won in Dec. 2020. 24 cases were paid out. We just found out that information yesterday. Our settlement money was still in this firms trust account after 9 months. I believe that they caught this mistake because one more tobacco case we... Read more »

Barry W. Kaufman
Barry W. Kaufman answered on Sep 30, 2021

Have you asked them to send you the money? What's the real issue? Nobody except the law firm of whom you are a client would know why 9 months have transpired and no call. Perhaps they were waiting for the other case to settle and pay everything at once. Who knows? did you ask them the same... Read more »

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1 Answer | Asked in Criminal Law, Arbitration / Mediation Law and Civil Litigation for Florida on
Q: Is it possible to get a probation curfew violation dismissed by having video evidence of me being home?

I'm currently waiting for video footage from gas station across the street with a camera pointing directly at the only entrance/exit of my complex as well as video footage from the clubhouse via property manager that must be passed to get to my unit. Also, I plan to voluntarily ask the court... Read more »

Michael  Mayoral
Michael Mayoral answered on Sep 27, 2021

Yes, that is certainly possible based on what is essentially alibi evidence. Get in contact with an attorney to represent you on the VOP and discuss this with them.

2 Answers | Asked in Civil Litigation, Contracts, Personal Injury and Workers' Compensation for Florida on
Q: Workers Comp Contract

I have a question. If I agree to a lump sum settlement and told my lawyer to sign it instead of me signing it at a mediation but end up emailing my lawyer telling him I changed my mind two hours letter about the settlement. Do I have to settle for whatever amount was given to me or Is the contract... Read more »

Domenic J. Celeste
Domenic J. Celeste answered on Oct 2, 2021

Florida Workers' comp is a little different in that it's typical to allow your attorney to sign on your behalf on the mediation agreement. If you truly do not want to proceed with the settlement and you've asked your lawyer to try and back out of the settlement, what may happen is... Read more »

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2 Answers | Asked in Civil Litigation, Contracts, Personal Injury and Workers' Compensation for Florida on
Q: Workers Comp Contract

I have a question. If I agree to a lump sum settlement and told my lawyer to sign it instead of me signing it at a mediation but end up emailing my lawyer telling him I changed my mind two hours letter about the settlement. Do I have to settle for whatever amount was given to me or Is the contract... Read more »

Linda Liang
Linda Liang answered on Sep 27, 2021

This sounds odd. An attorney has no authority to simply sign a settlement for a client by virtue of being an attorney. With that being said, the settlement agreement if there is one, should be unenforceable.

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2 Answers | Asked in Civil Litigation, Contracts, Consumer Law and Real Estate Law for Florida on
Q: Can a plat map be used as a road disclosure in closing documents, even though there is a abutting road disclosure

At closing we were not told about the retention pond and the private road. There was a abutting road disclosure. Nothing else. There was a line about you must join the HOA and follow the CCR. The CCR’s were not given prior to closing. Hidden in there was a line about the HOA being responsible for... Read more »

Barbara Billiot Stage
Barbara Billiot Stage answered on Sep 16, 2021

This is why it is so important to have your own real estate lawyer represent you in a transaction. You will now need one to review your closing documents, the HOA documents, your survey of your property and the neighborhood plat, which often attached to the HOA documents but not always. The HOA... Read more »

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1 Answer | Asked in Civil Litigation and Civil Rights for Florida on
Q: Can I win a suit for wrongful arrest I went to jail 2 day per envision attn without an arrest warrant for a civil case

I was arrested at my home lied to about having an arrest warrant they had gave me the wrong court date so when I missed and didnt complete there discovery because I had never been served any other papers to know I had a 19919.53 judgment against me for a car that was repo in 2016 the its a lot to... Read more »

Charles M.  Baron
Charles M. Baron answered on Sep 9, 2021

You are writing from Texas but are directing your inquiry to Fla. attorneys - but whether the event happened in Texas or Florida, you will not be able to get advice about this situation without scheduling a consultation with a civil rights attorney and presenting all materials associated with the... Read more »

2 Answers | Asked in Civil Litigation, Contracts and Consumer Law for Florida on
Q: Hello, I signed a document through Docusign and was expecting a certificate of completion that makes the contract

legally binding. When I did not receive a copy, I requested through the sender to provide the cert. They were unable to and couldn't find it. When I contacted Docusign to receive a copy, they informed me the contract was voided and that there was never a cert to provide. Even though I signed,... Read more »

Terrence H Thorgaard
Terrence H Thorgaard answered on Sep 8, 2021

It the other party to the contract (the "sender", as I understand you) says that they don't have it, get that in writing. If they later find it, with your signature, get a copy of that. I'm not sure how Docusign can decide the contract is "voided", if they are not a party to the contract.

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2 Answers | Asked in Consumer Law, Workers' Compensation, Civil Litigation and Civil Rights for Florida on
Q: My friend lent his boss money, the boss picked a fight with him and fired him without paying him his money back.

There was no contract

Domenic J. Celeste
Domenic J. Celeste answered on Oct 8, 2021

To me, it's not so much whether your friend may be able to sue or not because he most likely can; rather, it's whether it would be worth it to sue. This depends on how much money was lent as it might cost more to hire an attorney and go to court than what he'd be getting back. Even... Read more »

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2 Answers | Asked in Consumer Law, Workers' Compensation, Civil Litigation and Civil Rights for Florida on
Q: My friend lent his boss money, the boss picked a fight with him and fired him without paying him his money back.

There was no contract

Charles M.  Baron
Charles M. Baron answered on Sep 8, 2021

Your friend may sue for repayment of the loan, with the option for first having an attorney send a demand letter. If the verbal terms of agreement were that the loan should be re-paid within a time period that was a year or less, the verbal agreement is enforceable.

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