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Florida Questions & Answers
1 Answer | Asked in Business Law for Florida on
Q: If I own a bar in Florida, can I buy liquor from my rep in bulk and store it at my house?
Bruce Alexander Minnick
Bruce Alexander Minnick answered on Jan 24, 2020

Although I do not have any Florida court cases nor Florida statutes to cite to you in support of this opinion, I still will advise you not to try to evade any Florida law by storing liquor in any place not zoned for the sale of liquor. If you want to check me and my advice out you should call the... Read more »

1 Answer | Asked in Landlord - Tenant for Florida on
Q: Does my landlord have the right to evict me if I moved out well before eviction.

2016-2017, I lived in a shared 4 bedroom apartment with roommates apart of off-campus housing in Orlando, FL. I ACCIDENTALLY signed a lease agreement for 12 months on April 12, 2017. The lease would start in August 2017 and end in July 2018. In the event where I could not find anyone to sublet my... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Jan 24, 2020

Wow. I never cease to be amazed at the bizarre situations many people get themselves in by not doing what they know is the right thing to do--at the time it should have been done.

Learn this lesson well: When you signed the original annual lease for the school year August 2016-August 2017...
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1 Answer | Asked in Landlord - Tenant for Florida on
Q: Can a landlord change locks and lock you out after a Writ of Possession is issued but BEFORE it is served?

Not served Writ of Possession in person or posted on house.

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Jan 24, 2020

Learn this lesson well: If you were delinquent in your rent payments; and if you were informed by any means that the landlord was going to evict you; and if you ignored the threat of eviction; and if you made no effort to get current with the rent or move out; and if you have been doing anything at... Read more »

1 Answer | Asked in Trademark for Florida on
Q: Two different styles of clothing but share same word in brand name. Can that be an issue?

There's a brand called Public Rec, we're starting a brand called Public Order. Two completely different styles of clothing but could this potentially be an issue?

Keith Kanouse
Keith Kanouse answered on Jan 24, 2020

Pub Rec is a registered trademark for several classes of goods with 2 filings with the USPTO. You have no registration or application. You need to discuss this issue with a trademark attorney.

2 Answers | Asked in Civil Rights and Constitutional Law for Florida on
Q: Florida statute 790.053. Is daytime camping (hiking) covered under the open carry exception

I have been combing through the definitions (790.001) and have not found anything that defines camping as hiking with an overnight stay. I have tried looking into the other state laws for definitions and hints for the better part of a week now (like TITLE XVIII PUBLIC LANDS AND PROPERTY) and have... Read more »

Charles M.  Baron
Charles M. Baron answered on Jan 23, 2020

When a term is not defined in a statute, courts and administrative agencies use the ordinary dictionary definition. No, hiking is hiking and camping is camping. Also, read in context, the likely legislative intent of the camping exception is to allow camping hunters to have their long guns out... Read more »

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1 Answer | Asked in Employment Discrimination, Employment Law and Federal Crimes for Florida on
Q: My employer is committing fraud. I thought it was accidental and pointed it out, I was then bullied,

And intimidated by my coworker, our boss, our bosses boss who is also my coworkers mom. I filed an official grievance per comp policy over this. I have now been moved into a corner desk, restricted from speaking with coworkers, threatened with firing, and now they made a revision to our employee... Read more »

B. Elaine Jones
B. Elaine Jones answered on Jan 23, 2020

I would not sign the new handbook it you already believe that you will be fired. You did not mention how many employees the employer employs. I am assuming since you filed with the EEOC that it is at least 25. You really need to consult with and retain an employment law attorney. Most JUSTIA... Read more »

1 Answer | Asked in Animal / Dog Law for Florida on
Q: If a person gave a dog away, but is still paying for the dog . do I have to give her money if she asks?

I was given a dog and now the previous owner wants me to take over payments. I was told nothing about money when I was given the dog.

Terrence H Thorgaard
Terrence H Thorgaard answered on Jan 23, 2020

In general, no: unless you agreed to take over the payments, or unless the previous owner has a lien on the dog (unlikely), you don't have to pay.

1 Answer | Asked in Civil Rights, Constitutional Law and Criminal Law for Florida on
Q: I bought a home in Florida Volusia county both sides of the house was overgrown with dead trees and vines .

My girlfriend and I spoke with the neighbor at least on four different occasions discussing removal of dead growth on property line neighbor said go ahead I'm too old and have not been able to maintain it so we went ahead and cleaned the line out of the dead brush and trees . This took us at least... Read more »

Terrence H Thorgaard
Terrence H Thorgaard answered on Jan 23, 2020

What is it you want to know? If they sue you for damages, it will be a matter of your word against theirs. And, of course, they will have to prove that the property was damaged in that amount (normally decreased value of their real property). If it was merely dead trees and vines, it is... Read more »

1 Answer | Asked in Personal Injury for Florida on
Q: Auto ins co says accident claim may exceed our limit.We rent- have auto loans - no assets. Other party likely to sue us?
Scott J. Jontiff
Scott J. Jontiff answered on Jan 23, 2020

There are several considerations for the attorneys who represent the injured person(s). Among those considerations, they will determine if the person who was driving the car also owned the car; or, did another person or entity own the car. If the at-fault driver is also the owner, only that... Read more »

1 Answer | Asked in Real Estate Law, Landlord - Tenant and Small Claims for Florida on
Q: landlord told us to move 4 months into lease. We moved and she won’t give Deposit & last back as agreed. Is this allowe

Ok so back in 8/10/19 I moved into the house the landlord lived literally a crossed the street from me. The rent there was 1600. I paid $1600 deposit, last month, first month and 500 deposit fee. For my two dogs. One day the wife came and told us that she felt unsafe with my dog in the house and I... Read more »

Seril L Grossfeld
Seril L Grossfeld answered on Jan 23, 2020

When landlords don't comply with the requirements of F.S. 83 Part II for return of security deposit or if there are other credits to be returned the former tenant has to resort to small claims court to recoup these funds. Small claims court is set up for persons to represent themselves although... Read more »

2 Answers | Asked in Real Estate Law for Florida on
Q: I signed a lease and now the home was sold and I have to move out in a year, I was told the home would not be sold

I recently rented a home that my realtor said was owned by a company and they would not sell it and we could stay for a long time. Two days after signing the lease and we already started the move I got an email from a company telling us the home was sold to their client. A few days later they... Read more »

Terrence H Thorgaard
Terrence H Thorgaard answered on Jan 23, 2020

If you have a one-year lease, that's all you have. The owner is under no obligation to renew the lease.

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1 Answer | Asked in Civil Litigation, Family Law and Elder Law for Florida on
Q: Thank you please tellm theres any laws In Puerto rico that obligate daughters to be responsible for the erdely father,
Bruce Alexander Minnick
Bruce Alexander Minnick answered on Jan 23, 2020

Most Florida lawyers are NOT from Puerto Rico and thus have no idea what the laws of Puerto Rico have to say about the obligations of children to be responsible for their elderly father. Search for a Florida lawyer who advertises their ability to practice in Puerto Rico.

1 Answer | Asked in Estate Planning for Florida on
Q: The declarations of heirs was done in Puerto Rico. My siblings change the locks and refuse to give me copies?

My sibling feels because he’s the oldest it’s what he says

Terrence H Thorgaard
Terrence H Thorgaard answered on Jan 23, 2020

What does this have to do with Florida? Is the property in Florida? If so, someone would have to be appointed by a Florida court as personal representative. If the "declaration of heirs" constitutes a will according to Florida law (without regard to where it was executed), and the decedent was a... Read more »

2 Answers | Asked in Patents (Intellectual Property) for Florida on
Q: can i use a patented tool?

I have a brand and I want to put out a product called the universal socket. I just found out there's a patent on this product, but could I still use it? Do I have to pay in order to use the patent?

Steven Fairchild
Steven Fairchild answered on Jan 22, 2020

Short answer - it depends.

As a patent attorney, I would want to look at what actually is claimed in the patent vis-a-vis your product.

But if it's a case of clear infringement, it might be best to ask the patentee for a license.

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1 Answer | Asked in Civil Litigation and Legal Malpractice for Florida on
Q: How long can a fired attorney in FL withhold a settlement?

If multiple insurance companies are being sued and 1 settles, and the settlement check put in escrow by attorney. Client then fires attorney and hires new attorney who takes over case. Can the fired attorney continue to withhold the settlement and for how long... or does fired attorney have to... Read more »

Charles M.  Baron
Charles M. Baron answered on Jan 22, 2020

There may be circumstances in which the attorney can hold the settlement funds in his/her trust account, pending global settlement of the case, but if he/she does, he/she must fully communicate with you the reasons for doing so, and might also need to file a motion in court to determine what to do... Read more »

1 Answer | Asked in Real Estate Law for Florida on
Q: Discovered dark spots last wk on our condo ceiling. Had it tested & came back as mold over 10,000 spores in the air!

HOA by laws state they are responsible for commom elements and limited elements

Is our apts ceiling building material (undecorated drywall) considered one of these common elements? We do not have our own homeowners insurance so would like to have the Building insurance cover this. From... Read more »

Terrence H Thorgaard
Terrence H Thorgaard answered on Jan 22, 2020

The quoted portion of the by-laws is ambiguous. If I were representing the HOA's insurance carrier, I would argue that the word "undecorated" implies that the horizontal plane is the BOTTOM surface of the drywall (where the paint or other decoration would go). But if the mold comes from something... Read more »

1 Answer | Asked in Divorce and Family Law for Florida on
Q: Does my attorney have to send me copies of emails with opposing party’s attorney and that I am charged for?

*NOTE* THEY ARE NO LONGER THE ATTORNEY OF RECORD. WITHDRAW WAS GRANTED. MY QUESTION WAS IN REGARDS TO THE LAWS OF WITHHOLDING INFORMATION FROM OPPOSING COUNSEL. Case is still in litigation.

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Jan 22, 2020

General answer: Your attorney must send you copies of whatever he has that either belongs to you or is relevant to the case that he or she is handling for you.

1 Answer | Asked in Real Estate Law for Florida on
Q: How do we remove one child from a deed and add another in Orange County, Florida?

My husband and I bought a small house in 2011 for our daughter to live in while attending college. We had her name added to the deed. She has since moved on and purchased her own home and our son now lives in the house. We would like to remove our daughter’s name from the deed and replace it... Read more »

Seril L Grossfeld
Seril L Grossfeld answered on Jan 22, 2020

You can do this via a quit claim deed. To make sure it gets done correctly you should go to a real estate transactional attorney. People try to do this themselves to avoid paying an attorney a couple of hundred dollars and end up making mistakes that cost thousands to fix.

3 Answers | Asked in Family Law for Florida on
Q: Can my ex get more child support from me due to me getting remarried?
Rand Scott Lieber
Rand Scott Lieber answered on Jan 22, 2020

Child support is based on each parent's net income. Unless your new marriage increases your income it will not change your child support obligation.

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2 Answers | Asked in Family Law and Child Support for Florida on
Q: Can my child's mother have what I owe in back child support erased? Our son is 21 and lives on his own.

I owe my child's mother back child support. I was paying her for years through Western Union and she wasn't reporting it. I was able to get that taken off what I owe because I was able to produce proof of the payments. Fast forward a few years, and she said she is willing to have the balance... Read more »

Tammy Lyn Wincott
Tammy Lyn Wincott answered on Jan 22, 2020

In many States the custodial person can sign an affidavit stating they have received the money and there isn't anymore due; however, it will depend on whether there is any money due the State for medicaid recovery, etc. You can check the State's child support website for more information.

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