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Florida Questions & Answers
1 Answer | Asked in Landlord - Tenant for Florida on
Q: If my landlord has been proven to be negligent and reckless, which caused an explosion that has rendered me permanently

disabled and can't work, do I still have to pay rent. We have an active demand against him which was due on July 30; and he ignored us.

Barry W. Kaufman
Barry W. Kaufman answered on Aug 2, 2021

Yes. Your contract to pay rent has nothing to do with his negligence towards you. If you don't pay rent, he can evict you. Time to get an attorney involved.

1 Answer | Asked in Family Law for Florida on
Q: Can I get emancipated from my parent without their consent and how? Who would I have sign the petition?

I’m 16 years of age

Terrence H Thorgaard
Terrence H Thorgaard answered on Aug 2, 2021

Florida Statute 743.015 provides in part: 

"Disabilities of nonage; removal.—

(1) A circuit court has jurisdiction to remove the disabilities of nonage of a minor age 16 or older residing in this state upon a petition filed by the minor’s natural or legal guardian or,...
Read more »

2 Answers | Asked in Civil Litigation for Florida on
Q: Can you seek compensatory damages from a married neighbor that has sent inappropriate pictures and texts for 10 years?

Asked/begged/guilted/threatened to tell wife for years. The rest of the 10 I’ve disengaged but it never stops him. Unwanted pictures/texts/unzipped commando and groped himself in front of me ON MY PROPERTY, even a cash offer! Any excuse to start the conversation when she is at work and he’s... Read more »

Terrence H Thorgaard
Terrence H Thorgaard answered on Aug 2, 2021

Compensated for what monetary loss? Unless you can prove that you had to spend money, or lost something of monetary value, because of his actions, you don't have a case.

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1 Answer | Asked in Civil Litigation for Florida on
Q: Is it standard language in a settlement agreement to be asked to waive your rights to trial by jury if a dispute arises?
Bruce Alexander Minnick
Bruce Alexander Minnick answered on Aug 2, 2021

Yes, in fact settlement agreements can demand you to do or not do anything--legal.

The only question here is do you want to go through with the settlement or not?

1 Answer | Asked in Business Law and Contracts for Florida on
Q: I need information on what to include in a contract between judges and production company for a TV show (like The Voice)
Charles M.  Baron
Charles M. Baron answered on Aug 2, 2021

That is not a do-it-yourself project. While you are not required to hire an attorney to draft the contract, you would be extremely unwise not to do so.

1 Answer | Asked in Gaming and Trademark for Florida on
Q: If i make a video game and a corporation has trademark on the name for a board game. How does it work will i thus be TM?

Games name we want to be rebound. But, mattel has a trademark on the word Rebound. What legal action could they take against us we named it such. Or are we safe todo so and name it as we please?

Marcos Garciaacosta
Marcos Garciaacosta answered on Aug 2, 2021

No, you are not safe

You need to consult with an attorney to understand your risks

1 Answer | Asked in Car Accidents and Small Claims for Florida on
Q: When requesting a motion to appear telephonically do I need to state the reasons why I would rather appear virtually?

The court is in Florida and I live in Georgia. Do I need to put in the motion a reason such as distance or can I just request to appear virtually and leave it at that?

Terrence H Thorgaard
Terrence H Thorgaard answered on Aug 2, 2021

Yes, of course you should give your reasons. It is up to the judge, and if you don't give your reasons it is more likely that the motion will be denied.

1 Answer | Asked in Child Custody for Florida on
Q: What if our long distance parenting plan doesn’t have a relocation section, any mention or specification?

I’m looking to move out of the country with my child. We currently live in Florida. I’ve asked my ex who lives 7,000 miles away if they’ll agree to it. They are being a bit difficult. However, our agreement has no section specifying anything about relocation. How do I know if I really need... Read more »

Terrence H Thorgaard
Terrence H Thorgaard answered on Aug 1, 2021

You are probably going to need court approval to take the child out of the U.S. One reason you ex is being difficult is that, should you not return the child when agreed, international litigation is likely to be very costly. Also, you should be aware that, last time i checked, you will need both... Read more »

3 Answers | Asked in Bankruptcy for Florida on
Q: Is okay to apply for credit during a Chapter 7 bankruptcy prior to discharge?

no other info.

W. J. Winterstein Jr.
W. J. Winterstein Jr. answered on Aug 1, 2021

Sure, you can try, but no lender out there that I know of will extend you credit until your discharge has been entered.

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3 Answers | Asked in Divorce and Family Law for Florida on
Q: Does a lesser earning spouse pay alimony?

My spouse who earns double my income filed for alimony. Will I have to pay?

Opal Phiona Lee
Opal Phiona Lee answered on Aug 1, 2021

Alimony is based on one spouse having a need and the other spouse having the ability. Though a person may request alimony, the facts of the case will determine whether that person ultimately receives it. If your spouse makes double your income, it doesn't appear he/she would be eligible; you,... Read more »

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2 Answers | Asked in Divorce and Family Law for Florida on
Q: is my ex husband suppose to be "Hiding" a Fl. lottery winning after or during marriage disolution? In a JGWentworth.
Opal Phiona Lee
Opal Phiona Lee answered on Aug 1, 2021

Good day. I notice you stated ex-husband - does this mean the marriage was already dissolved? If a spouse won the lottery before a dissolution of marriage was filed or anytime before a Final Judgment is entered, he or she is required to disclose it; of course, a stronger argument for it being... Read more »

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1 Answer | Asked in Criminal Law for Florida on
Q: If the judge denied procedural due process regarding a controversy that because of the denial caused concrete harm is

The judge at al liable

Terrence H Thorgaard
Terrence H Thorgaard answered on Jul 31, 2021

Not usually.

1 Answer | Asked in Domestic Violence for Florida on
Q: My spouse had me arrested for domestic battery and put a temporary injunction on me what do I do
Terrence H Thorgaard
Terrence H Thorgaard answered on Jul 31, 2021

Comply with the temporary injunction. Get an attorney.

1 Answer | Asked in Patents (Intellectual Property) for Florida on
Q: How do i find out if something is already patent?
Kevin E. Flynn
Kevin E. Flynn answered on Jul 31, 2021

To get a final answer, you will need to work with a patent attorney that will commission a search. But you can take some initial steps on your own. You can use the free search tools and some tips on DIY searches listed in my slide set https://bit.ly/Patent__Searching .

You can also look...
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1 Answer | Asked in Gov & Administrative Law for Florida on
Q: In a habeas petition concerning a controversy whereby government officials are falsifying their records which rely upon

State records which clearly don't support the action and the district court dismissed the case absent procedural due process is the case live or dead for purposes of completion? This action has caused and continues to cause concrete harm and damages for which redress is required.

Terrence H Thorgaard
Terrence H Thorgaard answered on Jul 31, 2021

If the court dismissed the case, and if the time for appeal is over, the case would be over. Why?

3 Answers | Asked in Immigration Law for Florida on
Q: Hi if i have a 10 years green card residence in the us can i do the residence process for mom and Dad please?
Kevin L Dixler
Kevin L Dixler answered on Jul 31, 2021

No, you must be a naturalized U. S. citizen to petition your parents. In addition, your parents must be admissible and cannot bring their underage children as derivatives.

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1 Answer | Asked in Land Use & Zoning for Florida on
Q: I am in Florida. When i bought my house the property was fenced. This occurred in 1993. A person moved behind me and has

Lived there since 2013, but never said a word. Now, after cutting all the plants she had, she claims part of my fence was in her property. I paid for a survey and indeed a portion is, which means i would have to tear all lighting, palms, etc. Does the adverse possession law apply since she never... Read more »

Terrence H Thorgaard
Terrence H Thorgaard answered on Jul 31, 2021

Probably, yes. Florida Statute 95.16 provides as follows (in pertinent part):

"Real property actions; adverse possession under color of title.—

(1) When the occupant, ... entered into possession of real property under a claim of title exclusive of any other right, founding...
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1 Answer | Asked in Consumer Law, Contracts and Collections for Florida on
Q: What is the best way to negotiate unsecured debt lawsuit with the original Bank? I cant afford a lawyer

I have no assets that can be taken and no money.Im not working and applied for SS disability as it will be my only income when received Im 59 y old.How can I get the lowest possible agreement with the bank.I do not want to file bankruptcy.

Barry W. Kaufman
Barry W. Kaufman answered on Jul 31, 2021

Once the bank hands the account to the lawyer/law firm, you should deal with the law firm. Call them and tell them you want to negotiate a payment plan. You will have to offer them an amount that makes sense in relation to the debt. $25 a month on a $5,000 debt is silly, as an example. (If they... Read more »

2 Answers | Asked in Civil Litigation, Contracts, Consumer Law and Criminal Law for Florida on
Q: I was deceived in a business transaction and signed two titles to vehicles I owned for someone to sell on consignment.

I sent two trailers out of state to a trailer dealer who is going to sell them on consignment and sent the signed titles. He had promised he was going to pay me and has not. I don’t know if he sold them but he was supposed to pay me nonetheless for the trailers at delivery and he did not. There... Read more »

Henry George Ferro
Henry George Ferro answered on Jul 30, 2021

This does not appear to be a criminal case…it is a civil law issue in contracts…you should immediately communicate you desire not to sell these trailers to the consigned.

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1 Answer | Asked in Libel & Slander, Personal Injury, Criminal Law and Real Estate Law for Florida on
Q: Being stalked, harassed, and emotionally abused in the state of LA with evidence, what is the timeframe for reparation?

A police report was filed, I still have evidence of electronic communication as well, and can most likely provide witnesses. The perpetrator was a real estate agent at the time and may have also used her resources in unethical ways to damage my reputation, stalk, and harass me for an extended... Read more »

Terrence H Thorgaard
Terrence H Thorgaard answered on Jul 30, 2021

Most Florida attorneys know very little about Louisiana law. You should ask your question in Justia > Ask a Lawyer > Louisiana.

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