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Florida Questions & Answers
1 Answer | Asked in Civil Litigation and Contracts for Florida on
Q: I signed a car leasing contract however I did not pay a down payment and I did not get the car either. Can I cancel it?

I called less than 24hrs after signing to cancel it. I do not have the car in my possession and the down payment money was not provided because the deal will be completed if my current insurance pay for the previous car. The dealership is insisting that they cannot unwind the deal. The leasing... Read more »

Michael  Mayoral
Michael Mayoral answered on Oct 28, 2021

The answer entirely depends on the specific words and provisions on the contract. It is impossible for anyone to tell you yes or no without reviewing the exact words in the contract. You may need to pay an attorney to review the contract and give you advice on this. Consult an attorney!

1 Answer | Asked in Juvenile Law for Florida on
Q: Is it legal for someone to record a minor without their consent?

A controlled by took place where in the video record of the controlled by there is footage of a minor smoking. I thought that without a minors permission given it is against the law and against their rights?

Michael  Mayoral
Michael Mayoral answered on Oct 28, 2021

There are laws against video voyeurism (Fla. Stat. 810.145) and recording audio without a person's consent (934.03), but both laws have exceptions for law enforcement. This should be discussed with the criminal defense attorney handling the case. Also, legal steps can be taken to protect the... Read more »

1 Answer | Asked in Contracts for Florida on
Q: What is my right when my orthodontist want to charge me more than my contract amount?
Michael  Mayoral
Michael Mayoral answered on Oct 28, 2021

In the most general sense, you have the right to sue for breach of contract or only pay what was agreed to. However, breach of contract cases are extremely fact specific and fairly complex, legally speaking. You may or may not have a claim. Consult an attorney if you think it is worth bringing a... Read more »

1 Answer | Asked in Personal Injury and Animal / Dog Law for Florida on
Q: A cat jumped jumped the fence and entered my backyard. My dogs hurt it. Am I responsible for the vet bills?

I broke up the attack but the cat was hurt. One of my dogs is hurt. Am I responsible for the cats vet bills?

Michael  Mayoral
Michael Mayoral answered on Oct 28, 2021

Yes, generally speaking, you could be held liable for the damages (bills). Under Florida Statute § 767.01 "Owners of dogs shall be liable for any damage done by their dogs to a person or to any animal included in the definitions of “domestic animal” and “livestock” as provided by s.... Read more »

1 Answer | Asked in Intellectual Property, Land Use & Zoning and Real Estate Law for Florida on
Q: My dad an stepmother bought a piece of property together some years ago,she wanted to build a house on it.

My dad didn't want to put any money in the house to be built,so he did not. About 2yrs went by an my father took a nasty fall down the balcony stairs one night an now he has neurological problems an of course on medication. One evening i looked up the property an it use to be in both there... Read more »

Terrence H Thorgaard
Terrence H Thorgaard answered on Oct 28, 2021

It wouldn't be your "inheritance" until he were to die. But you could talk to an attorney about possibly becoming his guardian and asking that the deed be set aside.

1 Answer | Asked in Patents (Intellectual Property) for Florida on
Q: I need a patent lawyer

I need a patent lawyer to pursue Apple Pay for this patent

Kevin E. Flynn
Kevin E. Flynn answered on Oct 27, 2021

All that was posted to the patent attorneys was "I need a patent lawyer to pursue Apple Pay for this patent" It is not clear what patent you are talking about.

To the extent that you believe you have a lawsuit for patent infringement, then it is not a good idea to share that in...
Read more »

1 Answer | Asked in Real Estate Law, Family Law and Landlord - Tenant for Florida on
Q: Can owner throw out A squatters property when the squatters leave for an appointment for example or anytime?
Barry W. Kaufman
Barry W. Kaufman answered on Oct 27, 2021

No. You have to remove people from your property using the law. Throwing away people's belongings, cutting off water, etc., is called "self-help" and is specifically prohibited. Hire an attorney to get rid of the squatters, and their junk, legally.

4 Answers | Asked in Real Estate Law and Collections for Florida on
Q: Can a judgment against an individual be attached to a property in an llc they own?

I have a judgment against me personally from 10 years ago (yes he renewed it). Since then I bought a property in an llc name. I'm now I'm refinancing and this judgment came up. The underwriter said it must be paid first. I don't understand.

Barry W. Kaufman
Barry W. Kaufman answered on Oct 27, 2021

When a judgment is recorded, the judgment attaches to the ownership interest in real property of the judgment debtor. You'll have to ask the underwriter these questions. Is it possible that the creditor recorded a lien against your LLC? Sure, it's possible, but unlikely. Otherwise, seek... Read more »

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1 Answer | Asked in Criminal Law and Civil Litigation for Florida on
Q: Am I compelled, as a resident of Florida, to answer a subpoena from a different state?

I'm a retired police officer from Massachusetts. I was involved in several investigations that have been completed but the trials have not started. I do not believe that my testimony is really germane to the cases.

Henry George Ferro
Henry George Ferro answered on Oct 27, 2021

Valid subpoenas served on witnesses are enforceable especially in today's world of zoom appearances...My suggestion is to contact the office of the attorney serving the subpoena and/or the prosecutors involved in the cases.

1 Answer | Asked in Contracts for Florida on
Q: If I buy a car from a private licensed dealer and never signed the title. Can I return it if the car is not good?

I purchased a car 3 days ago from a licensed dealer. A week before, I had test drove the car and it was driving perfectly. I had to sell my car in order to have all the cash to pay him which I did last Saturday. As soon as I had the cash, he drove to my location with my new car and I paid him and... Read more »

Linda Liang
Linda Liang answered on Oct 27, 2021

A contract is enforceable even when it is verbal. Not signing the title does not mean there was not a contract. Your conduct of paying him and getting a car are sufficient proof. You may have other right to get your money back depending on the circumstances and the promises made. There is no way to... Read more »

1 Answer | Asked in Family Law for Florida on
Q: Is it legal for a half uncle to marry his half niece. So half brother of the woman’s father.
Terrence H Thorgaard
Terrence H Thorgaard answered on Oct 27, 2021

No.

Florida Statute 741.21 Incestuous marriages prohibited. provides as follows:

"—A man may not marry any woman to whom he is related by lineal consanguinity, nor his sister, nor his aunt, nor his niece. A woman may not marry any man to whom she is related by lineal...
Read more »

1 Answer | Asked in Criminal Law, Civil Rights and Federal Crimes for Florida on
Q: I’m got put on felony probation but my felony charge for noell processing why

My felony got noell processing and my misdemeanor got held so why did I get out on felony probation

Henry George Ferro
Henry George Ferro answered on Oct 27, 2021

Sounds like a plea bargain…probation is probation regardless of who is doing the monitoring. Felony probation typically exceeds twelve months, while misdemeanor probation is typically less than twelve. Regardless, you are being supervised by a state/county agency for the time period the judge... Read more »

1 Answer | Asked in Contracts, Civil Litigation and Landlord - Tenant for Florida on
Q: What do I do when a tree falls on my rental house?

I live in a single family rental home I just moved into a few months ago. There is two massive trees in the back yard which have been pretty badly untrimmed and not taken care of but still alive and growing. Apparently one tree it seems like bugs have been living inside it and hollowing it out. A... Read more »

Michael  Mayoral
Michael Mayoral answered on Oct 26, 2021

In Florida, there is a legal principle known as the Implied Warranty of Habitability. Florida landlords are required to keep their rental properties in safe and livable condition. According to the state’s “implied warranty of habitability,” Florida tenants are guaranteed a livable rental... Read more »

1 Answer | Asked in Family Law for Florida on
Q: What can we do about a 40 year marriage that apparently was never legally recorded?

We were married on a whim in Vegas by a man we met that invited us to a party, Lots of drinking. He was supposed to be a person who could legally do it. If I remember correctly he gave us paperwork in script that I think was supposed to act as a temporary license while he filed the rest with a... Read more »

Michael  Mayoral
Michael Mayoral answered on Oct 26, 2021

It sounds like the most efficient thing to do would be to apply for a marriage license and properly complete the marriage. All regularly ordained ministers of the gospel or elders in communion with some church, or other ordained clergy, and all judicial officers, including retired judicial... Read more »

1 Answer | Asked in Gov & Administrative Law for Florida on
Q: Can a assistant state attorney bring charges on someone from another county. State of florida

Do they have limited jurisdiction

Michael  Mayoral
Michael Mayoral answered on Oct 26, 2021

A state attorney from a certain county can bring charges against someone from a different county for a crime that occurred in the state attorney’s county. In other words, if a crime occurs in Miami-Dade, but the defendant is from Broward, the Miami-Dade ASA can charge the defendant from Broward... Read more »

1 Answer | Asked in Tax Law for Florida on
Q: Married filing jointly, husband owes money to IRS (FL)

I'm in FL. Been filing married filing jointly for 6 years, but was never aware of anything as my husband was doing everything and also signing for me (I knew about it, I trusted him). Now he told me he owes a lot of money to the IRS. I've never had anything to do with his business and I... Read more »

Leihernst Lamarre
Leihernst Lamarre answered on Oct 26, 2021

Suppose your husband incurred the debt before you guys married, then the debt is in his name alone. However, if the tax debt occurred during the marriage and you file Married Filing Joint, you are also responsible for the tax debt. The best way to protect yourself from having any refunds or credits... Read more »

2 Answers | Asked in Family Law for Florida on
Q: I want to record my next hearing I have the statue for Florida but I need help with the title

I am pro se in Walton county Florida

Vanessa Vasquez de Lara
Vanessa Vasquez de Lara answered on Oct 26, 2021

You cannot record any hearings without the court being aware of it and authorizing it. WHat is the always available route is to hire a court reporter to take down everything that happens and can create a transcript of the hearing after attending.

Good luck!

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3 Answers | Asked in Business Formation for Florida on
Q: I’m part of a Business where I have a lower percentage than everyone else. Do I invest equally? Or based on my percentag

We have been investing based on percentage.

Phillip William Gunthert
Phillip William Gunthert answered on Oct 26, 2021

You should review your business documents such as your Corporate Bylaws or LLC Operating Agreement. You would want to contact an attorney and have them take a look at the documents that you do have in place, and if there are none in place then it goes to state default statutes. You really need to... Read more »

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1 Answer | Asked in Civil Rights for Florida on
Q: Can a written statement be presented to a judge and attorneys pre-trial explaining a mental disability?

My husband has a fatal genetic disease that destroys the part of the brain where reasoning and rational thinking is processed. He is considered severely mentally ill. He has an upcoming case to reduce or eliminate alimony due to losing 1/3 of his income. We have presented clear need for reduction... Read more »

Terrence H Thorgaard
Terrence H Thorgaard answered on Oct 26, 2021

Evidence regarding his disease probably can be presented at the hearing, assuming it is an evidentiary hearing. But be careful trying to present a "written statement" as evidence; that would probably be regarded as inadmissible hearsay and opinion by a non-expert (if you try to testify... Read more »

1 Answer | Asked in Civil Rights, Estate Planning, Construction Law and Municipal Law for Florida on
Q: In Eatonville FL, we need to know if there are exceptions for Code of Ordinances, sec. 60.77, such as noise or privacy.

We live in a corner lot, and we would like to build a 6 foot fence on the property perimeter. We'd like to know how far can we take the fence to the line property, and if we can consider one of the "fronts" of a corner property as a "side". Only the "main"... Read more »

Terrence H Thorgaard
Terrence H Thorgaard answered on Oct 26, 2021

The Eatonville Code of Ordinances is here:

http://eatonville-fl.elaws.us/code/coor

A brief review of it doesn't reveal any problem with what you want to do, but of course you should contact the Planning Department and get a permit. They should be able to guide you.

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