The law firm may believe that for you to see the doctor they recommend may somehow increase the chances of a larger settlement or court judgment. But you can still see the doctor you want.

Law firms often direct clients to specific doctors who understand injury documentation needs for legal cases. They may worry outside doctors won't properly document your injuries or might affect your settlement value. However, Florida law protects your right to choose your own doctor. Should... View More

No, a special meeting usually refers to a special meeting of the members, not a board meeting. This is governed by § 720.306, Fla. Stat., and it typically involves homeowners/members being called together for a specific purpose (e.g., voting on amendments, removal of directors, etc.). Special... View More

The statute provides any member at the next regular meeting or a special meeting may make a motion, it requires someone to second it and a majority of the membership present at the meeting would need to vote to cancel the contract. Not a majority of the membership, just those present at the... View More

Sounds like you owe the rent April 1 - April 5, at a minimum. If you elected to wait, your lease remained in effect. Apparently upon closer inspection, it was determined that you could not wait - the damage was too severe, and the lease terminated then. Perhaps that's 2 weeks between April 5... View More

You would be considered a month to month tenant and subject to eviction if you do not leave once you are given proper notice. While an eviction might take a few weeks, you could be considered a holdover tenant and subjected to double rent. The judge would impose market value rent.

You can IF you both agree to this provision. In reality, you will find that a clause like this is difficult to enforce. What if someone spends the night, or two nights, is that a violation? Speak with a local family lawyer for more specific advice.

You may include that provision in the Settlement Agreement, but ensure it contains precise terms that clearly reflect both parties' intentions. Specific language regarding obligations, timelines, and remedies for non-compliance will help prevent future disputes and facilitate enforcement. I... View More

Yes, you can claim unjust enrichment, constructive trust, resulting trust, promissory estoppel, and partnership, among others. If you have emails or text messages, those constitute a written agreement that can be the basis of a claim in contract as well. We have had success litigating this issue... View More

If the court order is clear that it is her obligation to prepare the QDRO then you do not have to do anything. Your only obligation is to cooperate if and when she contacts you. Speak with a local family lawyer for more specific advice.

The Florida Constitution protects your Homestead and therefore they cannot force sell your Homestead for credit card and or other types of judgments that do not directly relate to the Homestead property (Mortgage, taxes, home improvements, etc.) .What they will do is get a blanket judgment on all... View More

You should take your documents to a lawyer right away. We do not have any way of reviewing your purchase agreement and contracts in this forum.

Most used car sales are "as is" and it's up to the buyer to have the car inspected prior to purchase irrespective of what the... View More

I would double-check with the magazine to see if there is a contract on file even if you remember a verbal/handshake agreement. If there is a written agreement, please reach out to an experienced intellectual property attorney to review it in detail. There is something called a... View More

The court is going to look to the terms of the contract first. Whatever you signed on the contract is what the court will start with first in determining what is to be paid and to whom. Anything that you agreed to prior to the signing of the contract, that is not written in the contract, is not... View More

Was there a contract signed related to the transaction or at the very least an email reflecting those terms? If not, you may still have a viable claim against the seller, but it will ultimately be a he said/ she said situation and likely no ability to recover attorneys fees. It may not be a lawsuit... View More

You may have a claim for damages under a theory of tortious business interference. To establish a claim for tortious interference with a business relationship in Florida, a plaintiff must demonstrate the existence of a business relationship, the defendant's knowledge of that relationship,... View More

You may pursue a claim for construction defects and other causes of action that may apply. However, you must first comply with the pre-suit process under the statute which requires that a notice and opportunity to repair be provided to the contractor. Chapter 558 specifies "the notice of claim... View More

1. Does the contractor’s refusal to proceed at the fixed price constitute a material breach under Florida law? It may, as you mentioned the price is fixed. However, the contract may contain exclusions or exceptions. The terms of the contract would have to be reviewed.

2. What... View More

To be safe, I would recommend having a settlement agreement prepared and signed by the parties. Simply signing over the check leaves the situation open to ambiguity and interpretation. It is highly advisable to have a proper settlement agreement prepared, reviewed, and signed by the parties... View More

It may, Florida Rule of Civil Procedure 1.530 allows for a new trial based on newly discovered evidence if it was discovered after the trial and could not have been discovered before the trial by the exercise of due diligence. However, you need to move quickly. The time limit for filing a motion... View More