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Florida Questions & Answers
Q: I have two kids of 13 & 15; father picks them up every two weeks, but he wants to live with 13. I don't agree next step?
Rand Scott Lieber's answer
If you cannot reach an agreement with the father then you must go to court to settle the issue. You will then have a parenting plan which spells out each of your rights and responsibilities for the children.
If you cannot reach an agreement with the father then you must go to court to settle the issue. You will then have a parenting plan which spells out each of your rights and responsibilities for the children.
Q: Was lied to about replaced transmission condition in used car sale and have proof. Would I win in small claims court?
Griffin Klema's answer
Attorneys are not likely to tell you your "chances" based on the information you provided since it's only one side of the story. You probably do have enough to file a lawsuit against your friend, but whether you win or not depends in large part on your credibility in front of the judge versus your friend's credibility. Who will the judge (or jury) believe? That's what it will probably come down to unless you have a document (text message, email) written by the friend that states in clear terms...
Attorneys are not likely to tell you your "chances" based on the information you provided since it's only one side of the story. You probably do have enough to file a lawsuit against your friend, but whether you win or not depends in large part on your credibility in front of the judge versus your friend's credibility. Who will the judge (or jury) believe? That's what it will probably come down to unless you have a document (text message, email) written by the friend that states in clear terms...
Q: Is it illegal for a 16 year old to date a 20 year old and same for a 17 year old dating a 21 year old?
Charles M. Baron's answer
Depends on what you mean by "date". If there's zero sexual activity of any kind, no legal problem.
If there is sexual activity, and the younger person ends up claiming something sexual was done without his/her consent, there is a risk of prosecution under the Fla. Statute that states:
"A person 18 years of age or older who commits sexual battery upon a person 12 years of age or older but younger than 18 years of age, without that person’s consent, and in the process does...
Depends on what you mean by "date". If there's zero sexual activity of any kind, no legal problem.
If there is sexual activity, and the younger person ends up claiming something sexual was done without his/her consent, there is a risk of prosecution under the Fla. Statute that states:
"A person 18 years of age or older who commits sexual battery upon a person 12 years of age or older but younger than 18 years of age, without that person’s consent, and in the process does...
Q: Is my daughter's father allowed to make changes to her extra-curricular activities after years of not being involved?
1 Answer
| Asked
in
Family Law, Child Custody and Child Support
for
Florida
on
Answered on Dec 15, 2018
Answered on Dec 15, 2018
Terrence H Thorgaard's answer
It appears from you question that he already has the right to visitation on certain weekends. If this is so, he will not have to take you to court; he can control her activities during the time he exercises visitation.
It appears from you question that he already has the right to visitation on certain weekends. If this is so, he will not have to take you to court; he can control her activities during the time he exercises visitation.
Q: We purchased 2 puppies from a pet store. One is sick with a genetic, hereditary skin disease that will require alot
Terrence H Thorgaard's answer
It's called "Ask a Lawyer". What that means is that you are supposed to actually ask a question.
It's called "Ask a Lawyer". What that means is that you are supposed to actually ask a question.
Q: How long does probate generally take? I'm visiting Florida for a week to handle my father's affairs. Is that enough time
Terrence H Thorgaard's answer
No, depending on what kind of probate case you are doing it probably will take a lot longer than that. But in general you don't have to be present in Florida to " go through probate".
No, depending on what kind of probate case you are doing it probably will take a lot longer than that. But in general you don't have to be present in Florida to " go through probate".
Q: I left out of state and my parents stayed in my apartment my landlord doesn’t want to add them to the lease
Terrence H Thorgaard's answer
The landlord doesn't have to add your parents to the lease. Is your landlord threatening to evict them?
The landlord doesn't have to add your parents to the lease. Is your landlord threatening to evict them?
Q: Can a motion granted by the appellate courts judge, be dismissed by a bankruptcy court judge?
Terrence H Thorgaard's answer
No, probably not. Your terminology makes your question somewhat confusing, but the order granted by the state DCA would probably not be subject to collateral attack in the bankruptcy court.
No, probably not. Your terminology makes your question somewhat confusing, but the order granted by the state DCA would probably not be subject to collateral attack in the bankruptcy court.
Q: How long will a grand larceny warrant stay active in indiana if no arrest is made?
Terrence H Thorgaard's answer
Why didn't you ask your question in Justia › Ask a Lawyer › Indiana› Criminal Law ›? And what does this have to do with Florida law?
Why didn't you ask your question in Justia › Ask a Lawyer › Indiana› Criminal Law ›? And what does this have to do with Florida law?
Q: If something is dismissed with prejudice, does that mean we can't appeal at all?
Charles M. Baron's answer
No, it means the Court has ruled you can't re-file a complaint/petition on the same matter in that same Court. Whether a dismissal is with prejudice or without, a final order of dismissal may be appealed within 30 days. Also, a motion for rehearing may usually be filed in the Court that issued the ruling, and if so, the 30 days to appeal will not commence to run until the disposition of the motion for rehearing.
No, it means the Court has ruled you can't re-file a complaint/petition on the same matter in that same Court. Whether a dismissal is with prejudice or without, a final order of dismissal may be appealed within 30 days. Also, a motion for rehearing may usually be filed in the Court that issued the ruling, and if so, the 30 days to appeal will not commence to run until the disposition of the motion for rehearing.
Q: Once an insurance agency says it'll pay to cover expenses, can they revoke it?
Charles M. Baron's answer
Depends on what you mean by "says". Also, I think you mean insurance company, not insurance agency. An agency is just the entity that sells the insurance. Regarding what the insurance company "says", nothing is 100% definite until there is a signed document setting forth the agreed-upon settlement arrangement. On the other hand, if there is at least a written representation of their promise, such as a letter or email from an insurance adjuster, the odds are that they'll stick to that...
Depends on what you mean by "says". Also, I think you mean insurance company, not insurance agency. An agency is just the entity that sells the insurance. Regarding what the insurance company "says", nothing is 100% definite until there is a signed document setting forth the agreed-upon settlement arrangement. On the other hand, if there is at least a written representation of their promise, such as a letter or email from an insurance adjuster, the odds are that they'll stick to that...
Q: If my ex is behind in His Alimony payments can he be forced to sell items to keep me from becoming homeless.
Mr Eric Klein's answer
You should file a Motion for Contempt/Enforcement AND notice it for a hearing. The judge has many options to get you your money, one of which is for him to liquidate assets. I hope this helps. Good luck!
You should file a Motion for Contempt/Enforcement AND notice it for a hearing. The judge has many options to get you your money, one of which is for him to liquidate assets. I hope this helps. Good luck!
Q: Would that be the assistant to the judge of the original divorce case. We have not been assigned a judge yet.
Rand Scott Lieber's answer
Wherever the case is currently pending. If the case is filed then there is a judge assigned.
Wherever the case is currently pending. If the case is filed then there is a judge assigned.
Q: Can a city government impose exorbitant civil fines on a senior citizen FL homesteader with income below poverty line?
1 Answer
| Asked
in
Civil Litigation, Consumer Law, Real Estate Law and Elder Law
for
Florida
on
Answered on Dec 12, 2018
Answered on Dec 12, 2018
Charles M. Baron's answer
Her homestead status protects her from foreclosure/eviction, not from fines. Also, her age does not protect her from fines. She needs to hire an attorney (or see if the local Legal Aid/Legal Services office can represent her) to contest the code violations at the hearing. Often, the code enforcement officials are willing to reach a settlement with the "violator", and having an attorney contesting the matter would give her more leverage in settlement negotiations.
Her homestead status protects her from foreclosure/eviction, not from fines. Also, her age does not protect her from fines. She needs to hire an attorney (or see if the local Legal Aid/Legal Services office can represent her) to contest the code violations at the hearing. Often, the code enforcement officials are willing to reach a settlement with the "violator", and having an attorney contesting the matter would give her more leverage in settlement negotiations.
Q: IM ASKING A QUESTION BECAUSE THE OTHER DAY DEC. 10 2018 I RECEIVED A COURT NOTICE
Barry W. Kaufman's answer
There is a judgment against you for the difference between the amount of the loan that you owed at the time the insurer paid, and the amount the insurer paid. The creditor is attempting to garnish your pay to pay the judgment. The first thing that happens is a writ of garnishment is served on your employer. Your employer has 20 days to respond to the writ of garnishment. The creditor will send you the motion for the writ of garnishment, the writ, and later, your employer's answer. The clerk is...
There is a judgment against you for the difference between the amount of the loan that you owed at the time the insurer paid, and the amount the insurer paid. The creditor is attempting to garnish your pay to pay the judgment. The first thing that happens is a writ of garnishment is served on your employer. Your employer has 20 days to respond to the writ of garnishment. The creditor will send you the motion for the writ of garnishment, the writ, and later, your employer's answer. The clerk is...
Q: I believe my broker is defrauding me and I suspect that other clients are being similarly defrauded. How do I contact
Mitchell Feldman's answer
You obtain the assistance of a lawyer to review the claims and he or she will assist in this regard if there is a claim to be brought. I would not worry about a class let’s start with what happened to you and whether there is a chance for recovery or a claim against the broker at issue. If there’s a class action generally you cannot profit from the Harm or injuries to others so although you would potential he be awarded A service award Consult a lawyer and get legal advice on whether there...
You obtain the assistance of a lawyer to review the claims and he or she will assist in this regard if there is a claim to be brought. I would not worry about a class let’s start with what happened to you and whether there is a chance for recovery or a claim against the broker at issue. If there’s a class action generally you cannot profit from the Harm or injuries to others so although you would potential he be awarded A service award Consult a lawyer and get legal advice on whether there...
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