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Florida Questions & Answers
1 Answer | Asked in Child Custody and Family Law for Florida on
Q: In a custody case, can the child be living on a yacht without the mothers permission or knowledge

4 years ago my son’s grandparents tricked me into signing over temporary custody by extended family to them (and they live in a different state.)

They have recently moved to a yacht so I don’t have a physical address of my child. And they are also refusing to let me visit him. I want... Read more »

Rand Scott Lieber
Rand Scott Lieber
answered on Jan 30, 2023

This response is only based on Florida law. You need to return to whatever court issued the order that the grandparents have custody. Whether by your agreement or not, you need to ask the court to change the order and return custody to you. The rest of your questions will resolve after you take... Read more »

1 Answer | Asked in Gov & Administrative Law for Florida on
Q: Can a 617 Board Member Post about the Affairs Of the Corporation on a Website That Is Not Administered By the Board

Former and Current Board Members Are Posting on Web Sites [NOT ADMINISTERED BY THE BOARD] about the Corporation Internal Affairs, Including, but Not Limited to []- NEXTDOOR []- ORLANDO TRILOGY RESIDENTS (CASCADES/GROVELAND RESIDENTS, PAST AND PRESENT) []- OFFICIAL CASCADES OF GROVELAND RESIDENTS... Read more »

Charles M.  Baron
Charles M. Baron
answered on Jan 29, 2023

Interesting issue, which I don't have expertise in, but my somewhat-educated guess is: Regarding the issue of disclosure itself, without regard to whether it causes damage to the corporation, the answer to your question may depend on whether your corporation has a written confidentiality... Read more »

1 Answer | Asked in Criminal Law and Civil Rights for Florida on
Q: I was let go on self-defense how long does the police have to make a decision on if I’m going to be charged or not?

I was never arrested, I was taken in for questioning and was let go the same night. I didn’t have to bail out.

Jonathan Blecher
Jonathan Blecher
answered on Jan 29, 2023

Prosecutors will make that decision.

1 Answer | Asked in Civil Litigation, Contracts and Elder Law for Florida on
Q: If a sonis trying to take all the money from his mother, who was recently widowed, and the son and her were buying a hom

The house was only titled in his name without authorization. Is there any repercussions that the mother has to get her money back

Charles M.  Baron
Charles M. Baron
answered on Jan 29, 2023

Mother needs to consult a lawyer who handles real estate litigation in her area to see if she has grounds for legal action, such as a lawsuit to quiet title.

1 Answer | Asked in Real Estate Law for Florida on
Q: I got message via email(digidoc) that both parties had signed the session, is that legally binding for both parties?

I signed the agreement using the digidoc link my realtor sent me and after signing it from my side I got email message back from digidoc (noreply@mailgun.esignonline.net) that both parties has signed session:

"

Congratulations!

All parties have signed the... Read more »

James Clifton
PREMIUM
James Clifton
answered on Jan 28, 2023

You can download a copy of the document and verify that the other party has signed it. There will be a digital time stamp with the other party's signature if they have in fact signed. Follow the Digidoc instructions to retrieve the signed document.

3 Answers | Asked in Real Estate Law for Florida on
Q: My partner and I are both named on the deed to our home. I am soley on the mortgage and responsible for payments.

He wants to take his name off of the deed so I can be 100% titled to house.(He is moving) Can this be accomplished with a quit claim deed? What would be the correct steps to take? Thank you in advance.

Terrence H Thorgaard
Terrence H Thorgaard
answered on Jan 28, 2023

Yes, that would work. Record the executed deed with the county clerk's office.

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3 Answers | Asked in Criminal Law, DUI / DWI, Traffic Tickets and Civil Rights for Florida on
Q: Can I sure for wrongful arrest if charges were dropped ? “No le contest” i believe is the term .

Back story - I called the cops about a man threatening me with a gun in Tampa fl . I waited outside in my friends car. The police approached me and instantly the male officer began harassing me and charged me with dui and took me to jail . They dropped the charges after viewing the body cam because... Read more »

Kevin John Mawn
Kevin John Mawn
answered on Jan 27, 2023

It is best to consult with a civil attorney who handles this type of claim.

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2 Answers | Asked in Car Accidents and Personal Injury for Florida on
Q: My wife was in accident not her fault & settlement is 25k 8,333 att fee 521 cost 5,223. Med Net 10,900

Is this normal?

Drew Bruner
PREMIUM
Drew Bruner
answered on Jan 27, 2023

Without many facts—that is a very typical breakdown of a settlement disbursement in Florida for a car wreck case.

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2 Answers | Asked in Car Accidents and Personal Injury for Florida on
Q: My wife was in accident not her fault & settlement is 25k 8,333 att fee 521 cost 5,223. Med Net 10,900

Is this normal?

Charles M.  Baron
Charles M. Baron
answered on Jan 27, 2023

I think you're asking if the disbursement amounts are normal, rather than asking if the gross settlement amount of $25K is normal. Either way, a lawyer would have to review the matter to tell you if the dollar amounts are as they should be. Regarding disbursements, GENERALLY: (A) the... Read more »

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2 Answers | Asked in Criminal Law for Florida on
Q: Can a judge force you in the day of your trial force you to represent yourself if you do not have a lawyer in the day of

I no longer have a lawyer due to my terminating him cause of incompetence. The judge denied a continuance for me to hire a new lawyer and said I would have to defend myself at trial but I know nothing about the law.

John Michael Frick
John Michael Frick
answered on Jan 27, 2023

It is unwise to terminate your lawyer without promptly hiring another lawyer as a replacement.

Many defendants do this in order to delay a trial or other important hearing.

You absolutely have the right to terminate your own attorney at any time for any reason, but exercising your...
Read more »

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1 Answer | Asked in Domestic Violence for Florida on
Q: Is the granting of a TRO (Temporary Restraining Order) or Temporary Injunction considered “Affirmative Relief”?

Is the granting of a TRO (Temporary Restraining Order) considered “Affirmative Relief” — even without yet a Final Hearing?

Or is a TRO a different type / category of relief?

(The Final Hearing has been continued / delayed to allow Discovery.)

Even though it is a TRO... Read more »

Terrence H Thorgaard
Terrence H Thorgaard
answered on Jan 27, 2023

Why do you ask: "considered affirmative relief" for what purpose?

1 Answer | Asked in Real Estate Law for Florida on
Q: Is it customary for a Buyer to sign a Warranty Deed to the Seller for a property purchase?

I'm in the process of buying a land plot. And the Seller is requesting that I sign a Warranty Deed to him in the event of a default. But the Warranty Deed doesn't include any language about it only being valid in the event of a default. Should the Real Estate Agreement, which specifies... Read more »

Terrence H Thorgaard
Terrence H Thorgaard
answered on Jan 27, 2023

No, don't sign the warranty deed. And the agreement probably is not adequate either. A mortgage note secured by a mortgage is the proper way of doing this. You need to consult with an attorney.

1 Answer | Asked in Insurance Bad Faith for Florida on
Q: My insurance has comprehensive coverage which covers flooded cars. My adjuster is claiming that it wasn’t flooded.

My insurance adjuster called me today asking me really detailed questions that I’ve already answered before and asking me things he should’ve been asking a mechanic. My mechanic stated that the car was a total loss due to flood after several diagnostics and my adjuster ignored him and stated he... Read more »

Charles M.  Baron
Charles M. Baron
answered on Jan 26, 2023

There are good and bad insurance companies, and the bad ones routinely deny valid claims and/or are extremely stingy because they figure their resulting higher profits will outweigh the losses caused by lawsuits. When an insurance company has no rational basis for its denial or stingy offer,... Read more »

1 Answer | Asked in Divorce for Florida on
Q: In FL, if I buy a car with inheritance money that I received while married, will the car be split 50/50 once I divorce?
Astrid M. Bismarck
Astrid M. Bismarck PRO label
answered on Jan 26, 2023

The final answer is more complicated, but the short answer is that it is very possible that you would have to share the asset. You should always consult an attorney before making financial decisions if you believe that there a good chance that the marriage will be dissolved at a future point.

2 Answers | Asked in Real Estate Law and Landlord - Tenant for Florida on
Q: HOw can I fight a mobile home park about them not renewing our lease for a reason that was discrimitive?

There was a problem in our park on New Years where my husband was trying to break up a fight with some residents, those residents turned against us and made reports to management that just was not true. Now they are serving us with a non-renewal. We own our home but rent the lot. We feel... Read more »

Terrence H Thorgaard
Terrence H Thorgaard
answered on Jan 26, 2023

Having been accused of violence in the course of breaking up a fight doesn't sound like discrimination on the basis of being in a suspect category (race, etc.). So, unless the mobile home park's agreement proves otherwise, they can get rid of you.

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1 Answer | Asked in Personal Injury and Car Accidents for Florida on
Q: See below

There was an auto accident in our HOA. A resident (not me) hit a person on a bicycle. Our security company, under contract, is supposed to ask for ID for any person coming in the community day or night and any guest must be authorized by a resident to come in. We also have a sign that says no... Read more »

Terrence H Thorgaard
Terrence H Thorgaard
answered on Jan 26, 2023

a. You should ask the local police if they can and will prosecute the cyclist.

b. The resident driver's liability insurance company might be able to sue the HOA and the security company if the carrier is obligated to pay damages to the cyclist.

c. The cyclist is probably...
Read more »

3 Answers | Asked in Real Estate Law for Florida on
Q: If the grantee s post office address is wrong on quite Claim Deed, Does it make the instrument defective or invalid

The Quit Claim Deed has been recorded

Jane Kim
Jane Kim PRO label
answered on Jan 26, 2023

Grantee's mailing address is wrong rather than the address of the property conveyed? There's no issue if it was some sort of scriveners error in the address. You can file a corrective deed.

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1 Answer | Asked in Contracts for Florida on
Q: Florida Employer seeking repayment for school tuition paid to employee with no signed contract or agreement

I have been employed with this employer for 8 years, and recently went back to school and graduated within that time period, which my employer paid for. There was verbal discussions about repayment with nothing specific ever discussed or agreed to verbally and no contracts were drafted or signed.... Read more »

Terrence H Thorgaard
Terrence H Thorgaard
answered on Jan 26, 2023

It is doubtful that your employer would be able to recover, should it sue you. You might want to ask if they have anything in writing.

3 Answers | Asked in Foreclosure and Real Estate Law for Florida on
Q: I purchased house from county auction. It was foreclosed house. Three months later second mortgage showed up.

Second mortgage is after estate of deceased owner against his heirs (former owners of house). I talked to attorney of case, he told me he can’t discuss details with me since I am not in case. He told me they going after former owners of the house including bank who took money I paid for house.... Read more »

Jane Kim
Jane Kim PRO label
answered on Jan 25, 2023

When someone purchases a home, there are two legal remedies available to the banks for non-payment. One is foreclosure and taking possession of the home. Two, is a breach of note remedy or collection on the deficiency judgment.

Here, it sounds like you purchased and took possession of the...
Read more »

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1 Answer | Asked in Criminal Law for Florida on
Q: A detective came to our home while no one was home and proceeded to jump our back yard fence and take photos.is it Legal

Hey detective came to our home in hopes of meeting with us in person and showing us a video he claims we are in when nobody answered the door he proceeded to go to our backyard and jump our fence to get in the yard and take photos is this legal action?

Jonathan Blecher
Jonathan Blecher
answered on Jan 25, 2023

No. It's not legal. Law enforcement need a warrant to enter your property unless exigent circumstances exist. Any evidence obtained during this illegal entry should be inadmissible in court. You could file a complaint with the officer's department, but there's no civil claim I can... Read more »

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