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Florida Civil Litigation Questions & Answers
1 Answer | Asked in Civil Litigation for Florida on
Q: When the judge spoke after the mediation he indicated that I would need to get the exhibits to the Plaintiff at least 10

days before the court date.

Terrence H Thorgaard
Terrence H Thorgaard answered on Feb 27, 2021

Ok, and what do you want to know?

1 Answer | Asked in Civil Litigation for Florida on
Q: I need to prepare an Exhibit Folder for a Small Claims Court hearing in front of a judge. I will be doing this pro bono.

When I filed with the Small Claims Court initially, I had to make copies of my documents to give to the Defendant, which I did and sent them to him via Certified Mail. I need to mark each document with an Exhibit Number, but once this is completed, do I need to resend the same documents to the... Read more »

Paul C. Jensen Jr.
Paul C. Jensen Jr. answered on Feb 27, 2021

When appearing in small claims court, I would recommend preparing at least three identical exhibit binders: one for the judge, one for yourself or any witnesses, and one for the opposing party. I would use binder dividers with tabs to separate each exhibit, and include an index in the front. The... Read more »

1 Answer | Asked in Civil Litigation, Criminal Law and Libel & Slander for Florida on
Q: Is it possible to pursue provable perjury charges on Florida Injunction and Small Claims cases?

An injunction was granted against me, small claims case was dismissed. In both cases blatant perjury was committed on both the complaints under oath and In testimony at the hearing. A different state employee is willing to testify to that fact in one area; the other claims are provable such as I... Read more »

Charles M.  Baron
Charles M. Baron answered on Feb 18, 2021

Pursuing perjury charges, like all other criminal charges, is totally up to law enforcement agencies and/or prosecutor's offices. Just as in the case of being a victim of a robbery or an assault, you as the victim of perjurious statements should contact the appropriate authorities, and make... Read more »

2 Answers | Asked in Consumer Law, Real Estate Law, Civil Litigation and Municipal Law for Florida on
Q: Can I park in front of my Lot/house on the street according to the bylaws below?

No vehicle shall be parked anywhere but on

paved areas intended for that purpose. Parking on lawns or landscaped areas is prohibited,

unless specifically approved or designated for such purpose. Lot Owners' or Residents'

automobiles shall be parked in the garage or... Read more »

Barbara Billiot Stage
Barbara Billiot Stage answered on Feb 9, 2021

That question is impossible to answer without seeing the plat and the location of your lot on the plat. While parking on roadways in front of your own house are generally permitted, there are exceptions for certain roadways and you cannot park on the roadway if you lot is located on one of the... Read more »

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2 Answers | Asked in Civil Litigation for Florida on
Q: is it against the law to harass and bully a mentally handicapped person

neighbor harassing us about buying our property. my husband is mentally handicapped and the neighbor is trying to trick my husband and calling him names

Terrence H Thorgaard
Terrence H Thorgaard answered on Feb 4, 2021

No. But depending on what you mean by "mentally handicapped" I would be puzzled by the suggestion that he is capable of selling the property. Was he like that when you married him?

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1 Answer | Asked in Insurance Bad Faith, Insurance Defense and Civil Litigation for Florida on
Q: Can a person sue you if you have a fender bender, no damage, in a company vehicle with company insurance?

On my way to work 2+ years ago, I bumped into an SUV in front of me doing less than 5 mph. I am pretty sure there was no damage to either vehicle. I was in my company pickup with the logo on the side. The person tried suing the company when it happened. I no longer work for that company now, but... Read more »

Terrence H Thorgaard
Terrence H Thorgaard answered on Feb 3, 2021

It may depend on which court the original action was filed in. Rules for small claims, Florida state civil court cases which are not small claims cases, and federal district court cases are different. See for example

Florida Rules of Civil Procedure, RULE 1.170 and

Federal Rules...
Read more »

1 Answer | Asked in Family Law and Civil Litigation for Florida on
Q: Can I move LESS than 50mi, but out of county. MSA says I can’t move out of the county. Nothing for my son/ex changes.

I have agreed to take on all of the burden of transportation and commute so that my ex’s parenting time and my sons school/doctors/sports dont change. He still refuses to give consent. Our MSA is 11+ years old our two oldest are over 18, there is a line that says I can’t leave the county... but... Read more »

Rand Scott Lieber
Rand Scott Lieber answered on Jan 30, 2021

Although he may try to take you to court, you can move wherever you want as long as your remaining child continues at the same school and you do the necessary transportation. Restrictions on moving (like your county provision) are generally not enforced unless they affect the child in a negative... Read more »

2 Answers | Asked in Consumer Law, Contracts and Civil Litigation for Florida on
Q: What's a pleading? Is there a template?

I am the party (individual) initiating the action against another individual who operates a business. I have already submitted a statement of claim which was accepted and the process has moved forward. Now I need to submit a pleading and I'm pretty lost.

Barbara Billiot Stage
Barbara Billiot Stage answered on Jan 29, 2021

There are a mountain of various types of pleadings and a lawyer would need to know what you are trying to achieve or if you have been ordered by the court to submit a pleading, then the wording of the pleading. This site is not meant to teach someone how to proceed pro se with litigation. It is... Read more »

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1 Answer | Asked in Business Formation, Business Law and Civil Litigation for Florida on
Q: My business was vandalized by another bussiness. I am suing for fraud.
Erik A. Perez
Erik A. Perez answered on Jan 21, 2021

Fraud would not be the appropriate cause of action based on these facts. However, there may be other causes of action including trespass. Please contact me to discuss further.

1 Answer | Asked in Civil Litigation for Florida on
Q: Schedule a Special Set Hearing

I have been attempting to schedule a special set hearing for a Motion to dismiss for a few months, but the opposing party continues to state they have COVID 19 complications and will not be able to present their opposing motion. Can I schedule the hearing? Or do I have to wait for the opposing... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Jan 19, 2021

These are very unusual times--and thus require using unusual means to get things done in the judicial system.

I suggest re-filing your motion as an "Unconsented Amended Motion to Dismiss" together with a SEPARATE motion requesting a hearing date be set. Explain at the very onset...
Read more »

1 Answer | Asked in Civil Litigation for Florida on
Q: Motion for an extension due COVID 19

The plaintiff would like to schedule a special set hearing, but my husband has contracted COVID 19 and is not able to participate in a hearing. I am attempting to assist so he does not lose the case. Do I have to select a date for him since he is not doing well due to COVID 19 or should we contact... Read more »

Charles M.  Baron
Charles M. Baron answered on Jan 17, 2021

The first step is to ask the other side to agree to a later date. If they agree, the problem is solved.

If they don't agree, and the other side goes ahead and notices the hearing, your husband would need to file a motion for continuance (postponement) of the hearing, and, if...
Read more »

1 Answer | Asked in Civil Litigation and Land Use & Zoning for Florida on
Q: Looking to understand the definition of "Commercial activity"

In the city we live in Clermont, Fl, the park rangers and their leader, parks and recreation director, are trying to prevent us from assembling in a public park (Waterfront Park)

The claim is that we are considered commercial activity. They are asking us to fill out waivers, background... Read more »

Charles M.  Baron
Charles M. Baron answered on Jan 15, 2021

The first issue is the definition, if any, of "commercial activity" in the city code. There might be a definition that applies to your group even though no money changes hands. If the definition does NOT apply to your group, or there's no definition at all, then the action against... Read more »

2 Answers | Asked in Civil Litigation for Florida on
Q: Motion for Enlarged Extension?

I had a special set hearing scheduled and the plaintiff filed a motion for an enlarged extension of time due to COVID 19. Can I make the plaintiff produce medical documentation if I believe they are lying and just attempting to delay the hearing?

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Jan 12, 2021

No. Teaching opportunity: The last thing any court wants to see in pro se litigation are pro se litigants expanding

very simple disputes into major litigation. You are trying to do something that (a) is not helpful to your case; (b) does not matter; and (c) might anger the judge. You can...
Read more »

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1 Answer | Asked in Civil Litigation and Education Law for Florida on
Q: Can public schools restrict the right to have a relationship, such as by a no mention policy?

Things such as a no-kissing policy, no contact policy, or no general acts in school policy, or are these a violation of freedom of due process and of association.

Charles M.  Baron
Charles M. Baron answered on Jan 3, 2021

I assume you mean rules applying ONLY to acts on school grounds, as such restrictions on acts OUTSIDE of school, with penalties for noncompliance, likely would be unconstitutional. For on-campus activity, there are all kinds of rules for decorum purposes that would withstand constitutional... Read more »

3 Answers | Asked in Civil Litigation and Small Claims for Florida on
Q: What should I do if I am served with a summons but no complaint?

A summons was “served” to my address to someone else in my household. The papers were dropped in the street by the process server without identifying me or even the household member’s identity. They just said they were looking for me and had seen a “lady” outside my house. My household... Read more »

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

If you want to find out what the case is about, you can contact the clerk of court for the Florida county where your case was filed, or look it up at the clerk's website.

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1 Answer | Asked in Civil Litigation, Consumer Law and Civil Rights for Florida on
Q: I need help with a very complicated situation. Please read the details for more information. You havent seen this before

I walked outside of my home this morning to find my car had gone missing. I called the police department to report it had been stolen. The police department stated the car hadn’t been stolen but was rather repossessed. I purchased the vehicle cash from a private owner in 2018. I called the... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Dec 22, 2020

If you really believe that your legal situation is "unique" and the experienced lawyers answering legal questions here on Justia "have not seen this situation before" you are badly mistaken.

This situation is called "stealing." However, as you recently...
Read more »

2 Answers | Asked in Civil Litigation and Civil Rights for Florida on
Q: If Congress abolished the qualified immunity doctrine, could the Supreme Court ignore Congress and keep using it?

In other words, qualified immunity is a judicial doctrine with no constitutional backing. If Congress explicitly bans its use as a legal defense for government officials in a law, do the courts have to stop using the doctrine altogether?

Charles M.  Baron
Charles M. Baron answered on Dec 14, 2020

Good question for a constitutional or civil rights law professor. In my humble opinion, the Courts would have to comply with such legislation unless and until there'd be a successful constitutional challenge to the legislation. Since the qualified immunity doctrine arose via judicial... Read more »

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1 Answer | Asked in Tax Law and Civil Litigation for Florida on
Q: I was abused by a priest when I was a teenager. I told the diocese and they are paying me money. I don’t want to pay

Federal tax on the money. How do they write it so I don’t pay taxes?

Charles M.  Baron
Charles M. Baron answered on Dec 13, 2020

You need to consult a CPA or tax attorney. In general, compensation for physical injury is non-taxable, but compensation for emotional distress is taxable. To avoid tax liability, I'm guessing that the documentation must make clear that it's for physical injury. Search for a... Read more »

1 Answer | Asked in Civil Litigation for Florida on
Q: Can my co-worker sue me and does he have a strong case?

1. Several days ago, I was working a late shift at my workpalce. I was let go at an earlier time than scheduled and I was worried that I didn’t get permission to go from the right person. I saw a coworker, sitting down in the breakroom and I thought he could help. He told me that only a lead... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Dec 3, 2020

No and no.

Advice: Go back to work and quit looking for potential partners among your co-workers; why? Because those kinds of temporary relationships never bring anything except bigtime trouble for all involved.

2 Answers | Asked in Personal Injury and Civil Litigation for Florida on
Q: Can an inmate sue for a Corrections Officer's deliberate indifference?

Early in the morning while inmates were asleep, one inmate took a broom and broke it over the face of a sleeping inmate. Then took the broken end of the broom and hit another inmate sleeping in the next bunk across the head. As other inmates close to the area woke up, the offender paced back and... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Dec 2, 2020

Perhaps. But all these internal disputes between inmates are very difficult to prove because each inmate's stories keep changing all the time.

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