The Fla. limitations period for both damage to personal property (dog) and negligence (other than professional malpractice) is four years. This answer is given as guidance only. Any time there is an issue of your claim being potentially barred by the statute of limitations, do not rely solely on...Read more »
I scheduled a motion to dismiss the meeting for 30minutes and Plaintiff agreed to the meeting date, but not 30 minutes. In the agreed-upon date and time, the Plaintiff stated and agreed to meet for 15 minutes and not 30 minutes. Can the meeting be canceled on the grounds... Read more »
I borrowed my girlfriends car. I told my sister she could use it to take her boyfriend home. She didn't & instead asked a friend to drive hin using my girlfriends car. The friend driving my girlfriends car wrecked & was killed. Would the owner of the car insurance cover the cost of... Read more »
We live in Illinois. We booked a vacation rental property on Captiva Island for Mar 28-Apr 4, 2020. The rental was facilitated VRBO; actual booking was with Dream Vacation Rentals (DVR). We cancelled due to Covid. The Illinois governor issued a "no leisure travel" order on March 20.... Read more »
Rather than waste time trying to "familiarize yourself with Zoom" why not just seek new counsel? Why? Because most judges will NOT require a lawyer to stay in a case because there is an obvious conflict already.
I recently relocated from Georgia and I received a motion to dismiss hearing request in a State Civil matter in Florida. I want to respond to the motion, but I am not aware in Florida how many days I have to respond.
The opposing party asks for a date for the hearing, but I want to request... Read more »
The Florida Rules of Civil Procedure (http://phonl.com/fl_law/rules/FRCP/) don't specify a set amount of time in which to respond. You haven't indicated much about the motion, other than it is a motion to dismiss. But generally in Florida courts nothing happens without a hearing. To be...Read more »
That depends on whether you are in State or Federal Court. In State (Circuit or County), motions to dismiss are set for hearing, and the plaintiff has the option of filing a response at any time and arguing at the hearing, or instead just argue at the hearing. In Federal, the Local Rules for the...Read more »
I never told anyone. 38 years later, I told another priest from my childhood. He never reported it to anyone including the Diocese of Orlando or Florida’s DCF. Did he commit a crime by not reporting abuse that happened when I was a teenager? Are mandatory reporters supposed to report past cases... Read more »
"Without prejudice" is synonymous with "may be refiled", but the statute of limitations does apply. Therefore, it may not be refiled beyond the limitations deadline. However, laypersons sometimes don't realize when the limitations period actually starts to run and...Read more »
end of the business day on the 20th day after the complaint was served. I know this does not matter, I had a power outage as a result of hurricane Eta. Do the 20 days include calendar days or are the 20 days counted as Monday thru Friday? Or do they include weekends? If I lose the matter because I... Read more »
Florida Civil Rule 1.090 provides, in pertinent part, as follows:
"(a) Computation. In computing any period of time prescribed or allowed by these rules, by order of court, or by any applicable statute, the day of the act, event, or default from which the designated period of time...Read more »
Our son wants to press charges on his ex-girlfriend who ran over his foot with HIS car, but officer is saying he can't because he went in front of a moving vehicle. Briefly: Oct. 25, as son drove into the parking lot of ex-girlfriend's residence (she was passenger), an argument started.... Read more »
Whether criminal charges may be initiated is solely the decision of law enforcement - either the police or the State Attorney's Office (prosecutor's office). If the reporting officer refused to either charge or commence a criminal investigation, you could try the intake office of your...Read more »
I was recently sued and given 20 days to answer the complaint. When I finally prepared and responded the Complainant dismissed with prejudice and the matter is over. Can I take any action for responding against the complainant?
It appears that you, a non-attorney, drafted an answer and somehow also got the lawsuit dismissed with prejudice; congratulations. But no, while there are certain circumstance under which attorney's fees can be recovered, generally you cannot recover attorney's fees if you weren't...Read more »
I am a Home Health Physical Therapist Assistant (1099 Independent Contractor) in FL. I have professional liability insurance but want to make sure my personal home, retirement, savings and investment accounts are safe if I am sued. I set up a single-member LLC, but my accountant recommended to... Read more »
You seem to be concerned about protecting yourself from any professional malpractice suits, which is what professional liability insurance is for. If you provide your services under an LLC, you'd need to insure both the LLC and yourself individually, and if that causes a substantial...Read more »
They keep sending me a bill for durable medical device my medical insurance has paid in full. I have called multiple times and have written letters providing the proof it has been paid & asking them to stop harassing me and they will not stop.
You're writing from NV but posting to FL, so it's likely that this will be seen only by FL lawyers, who cannot comment on NV law (without researching it). Also, I assume you mean the company that sold the device, not a collection agent for the company (which triggers a different set of...Read more »
Let’s assume an individual is an employee of dog daycare company. A dog, genetically predisposed to breathing complications and overheating dies, without intent from employee, while under care of employee after extraneous exercise for particular breed. Dog requires thousands of dollars in... Read more »
When you say, "let's assume", it sounds like a hypothetical (such as a law school exam question), particularly since you are asking about the legal rights of both sides. If this is a real-life situation, I suggest you re-post to specify your role in this situation and to ask for...Read more »
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