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Florida Questions & Answers
1 Answer | Asked in Medical Malpractice for Florida on
Q: Potential medmal claim due to hip replacement surgery.

Hello! Thank you for taking the time to read this. On 3-6-18 I had a hip replacement surgery. The surgery itself went perfect and like it was supposed to. When I was lifted off the OR table to be moved back into my hospital bed they moved me wrong and my hip implant moved up and out of place. Had... Read more »

Tim Akpinar
Tim Akpinar answered on Jul 14, 2020

It would be best for a Florida attorney to advise you, but your post remains open for four weeks. The things you describe, such as gauze, antibiotics, and related care are something that a convalescing patient would need, malpractice or no malpractice. Those are nothing in comparison to follow-up... Read more »

2 Answers | Asked in Criminal Law and Cannabis & Marijuana Law for Florida on
Q: Do I qualify to have my misdemeanor expunged from my records?

My case ended in a plea of Nolo contendere. My case was handled in pinellas county. The alleged offence was possession of marijuana.

Jonathan Blecher
Jonathan Blecher answered on Jul 14, 2020

Provided you have no convictions for any other offenses in your past, a withhold of adjudication on possession of marijuana should be eligible for a record sealing, not an expungement. Expungements are reserved for charges that have been dismissed by a judge or dropped by the State.

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2 Answers | Asked in Criminal Law for Florida on
Q: Why do I have a change of plea hearing for a misdemeanor case? I didn't ask for it.

I've told my lawyer I'm not accepting any plea deals. Did my lawyer make a mistake or is this part of the normal process?

My lawyer told me it's normal and that it's just a hearing where they offer you a plea deal.

John Stephen Hager
John Stephen Hager answered on Jul 14, 2020

Typically a change of plea hearing is set when you come to an agreement with the prosecutor to resolve your case. If you do not want to resolve your case via a plea, then the matter will be set for a later status date then trial. During the Pandemic, a lot of prosecutors are setting on a change... Read more »

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2 Answers | Asked in Bankruptcy for Florida on
Q: What happens on credit report if you keep making mortgage payments on chapter 7? I no longer see my mortgage at all

Not only don't I see my mortgage being reported on my credit, it's completely wiped out as if it's paid??? I have Wells Fargo and have never been late

Is it better to have a Reaffirmation Agreement? Is it the same to have as not to have one, other then without it never gets... Read more »

Michael Francis Barrett
Michael Francis Barrett answered on Jul 14, 2020

Creditors do not have to report to the credit bureaus. If you didn't reaffirm the mortgage, you aren't personally liable on the debt, and the mortgage company generally would stop reporting. The mortgage company retains its lien and you must continue paying to avoid foreclosure.

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3 Answers | Asked in Probate for Florida on
Q: My FL probate attorney isn't returning calls, letters or emails. Can I file a doc with the court to fire the attorney?
Seril L Grossfeld
Seril L Grossfeld answered on Jul 14, 2020

You most likely are going to need an attorney to represent you if your present attorney isn't doing the job. I would consult with a substitute attorney and have that attorney take care of doing this. You may also want to check with the Florida Bar to make sure your present attorney is still... Read more »

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1 Answer | Asked in Real Estate Law for Florida on
Q: I have just moved to Wisconsin and I will rent out my property in Florida

I have just moved to Wisconsin and I will rent out my property in Florida. I would like to ask whether I can hold a security deposit on my bank account in Wisconsin from a tenant renting in Florida?

Terrence H Thorgaard
Terrence H Thorgaard answered on Jul 14, 2020

Florida Statute 83.49 indicates that the security deposit shall be deposited "in a Florida banking institution for the benefit of the tenant or tenants". It would be what lawyers call a trust account. So you should use a Florida bank account.

1 Answer | Asked in Family Law for Florida on
Q: PLEASE HELP! WHAT ARE THE CHILD SUPPORT AND ALIMONY LAWS DURING THE PANDEMIC? MY EX IS REFUSING TO HELP IN ANYWAY

I've got 3 children one of which is severely disabled special needs and I live in Clearwater Florida. my ex is court ordered to pay child support and alimony monthly and he is supposed to see kids every other weekend and shared holidays and school breaks and he never follows the court orders.... Read more »

Terrence H Thorgaard
Terrence H Thorgaard answered on Jul 14, 2020

Your ex is mistaken when he says that "no judge will touch him". To my knowledge there are no laws modifying the duty to pay child support or alimony because of the pandemic. As for visitation, "you can lead a horse to water, but you can't make it drink". In other words,... Read more »

3 Answers | Asked in Personal Injury for Florida on
Q: I was hit by an 18wheeler
Terrence H Thorgaard
Terrence H Thorgaard answered on Jul 14, 2020

So?

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1 Answer | Asked in Products Liability and Civil Litigation for Florida on
Q: I set off fireworks 7/4. 7/10 I get a letter from neighbors lawyer asking for $1200 due to damage from the fireworks

to their cars. If they sue how can they prove this? At least 3 others nearby shot off fireworks too. They sent a pic but it doesn't show scratches or anything and the cars are a few years old. Should I ask to see estimates?

Terrence H Thorgaard
Terrence H Thorgaard answered on Jul 14, 2020

Yes, and ask for their proof that you, and not someone else, caused the damage. For only $1,200, it is doubtful that an attorney will want to spend that much time on what I'm guessing would be a small claims case, so it might not go beyond the demand letter. Contact your homeowner's... Read more »

2 Answers | Asked in Bankruptcy for Florida on
Q: What happens on credit report if you keep making mortgage payments on chapter 7? I no longer see my mortgage at all

Not only don't I see my mortgage being reported on my credit, it's completely wiped out as if it's paid??? I have Wells Fargo and have never been late

Terrence H Thorgaard
Terrence H Thorgaard answered on Jul 14, 2020

It is my understanding that credit reporting agencies normally only report delinquencies. If you are making timely payments, I don't believe that would be reported at all.

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1 Answer | Asked in Family Law and Child Custody for Florida on
Q: I guess im confused about overnights

To me this read as we both have to agree & when agreed on a day to replace for one of the days already scheduled. It reads as follow.

" Father shall visit at mother's house Tuesday and Thursday from 4PM to 8PM Father's shall visit with his son from 9 AM to 6PM on... Read more »

Terrence H Thorgaard
Terrence H Thorgaard answered on Jul 14, 2020

If you can't agree, you need to ask the court to decide. As I read it, the "agree to agree" part applies after the child is ONE, not TWO.

1 Answer | Asked in Criminal Law and Constitutional Law for Florida on
Q: Can a guest at a dwelling that a search warrant is being served be arrested if they are searched and nothing was found ?

Drugs were found however on a table near guest. Wouldent that be evidence against the occupant of that dwelling?

Charles M.  Baron
Charles M. Baron answered on Jul 13, 2020

If the police can, in writing, articulate reasons to support probable cause to arrest the guest, then it is a legal arrest, but of course the evidence may or may not be enough to convict. If they cannot articulate sufficient reasons, it's a false arrest, which should not only lead to the... Read more »

1 Answer | Asked in Family Law for Florida on
Q: My mom had custody then passed and children's home society let my ex just take our son to p.r I was in the hospital for

I was in hospital for three months...same day she died ,I did too pretty much.. .. week or 2 later I was finally told about her" but I had

compartment syndrome".. faciotymies skin graphs.. nomonia .. ventalaters ..And now he shut everyone out.. won't contact or allow ANY... Read more »

Terrence H Thorgaard
Terrence H Thorgaard answered on Jul 13, 2020

You are going to need an attorney in Puerto Rico. Ask your question in Justia > Ask a Lawyer > Puerto Rico.

1 Answer | Asked in Family Law for Florida on
Q: Me and my husband want simplified marriage dissolution?

Problem is he is traveling abroad,due to covid his arrival unknown. But I need divorce process now. We both resident of florida. Also , do we have to go to court where we got married or it can be anywhere in Florida?

Terrence H Thorgaard
Terrence H Thorgaard answered on Jul 13, 2020

No, you don't necessarily file for dissolution where you were married; you file in the county where you reside.

1 Answer | Asked in Traffic Tickets for Florida on
Q: In the state of Florida, can I drive a new car from a private sale home without plates?

I purchased a new car on a Sunday (when the DMV is not open). I drove it home and got pulled over for not having the car registered in my name. I showed the officers the title with my name and signature and they still ticketed me. I had called The Florida Department of Highway Safety and Motor... Read more »

Terrence H Thorgaard
Terrence H Thorgaard answered on Jul 13, 2020

I suspect that technically the officer who ticketed you was correct. But if you can prove what the department told you, it may be possible to get the ticket dismissed. Can you get something in writing from whoever you talked to?

2 Answers | Asked in Animal / Dog Law for Florida on
Q: My boyfriend and I were given a dog by a family who could no longer care for it. After about 8 months of having the dog,

we broke up. I took the dog when I left our apartment because I didn't feel that he would care for the dog properly (he often left for 2 or three days at a time to go drinking with his buddies - hence the reason we broke up). I left the state for a couple months and stayed with my parents... Read more »

Kristina M. Bergsten
Kristina M. Bergsten answered on Jul 13, 2020

If you're not living with him, he can't abuse you any more. If he shows up on your property or space, call the police immediately and do not let him enter! If you're afraid the dog will be abused in his possession, keep the dog and stay away from this guy. You can block his... Read more »

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1 Answer | Asked in Traffic Tickets for Florida on
Q: Do I need to hire an attorney in FL if the deputy that gave my daughter a speeding ticket, wrote my name on the ticket?

I cosigned for my daughter's car, so both of our names are on the title and registration. She was stopped for speeding, got a ticket, didn't have her driver's license with her, tried to give the deputy her driver's license number, but he didn't take the info. He just wrote... Read more »

Terrence H Thorgaard
Terrence H Thorgaard answered on Jul 12, 2020

You and your daughter need to attend the hearing, you as the defendant and your daughter as your witness. In most places, the officer who issued the ticket will attend and a subpoena is not necessary. If the deputy fails to attend you or your attorney should ask that the case be dismissed. Be... Read more »

2 Answers | Asked in Family Law for Florida on
Q: Hello. My mom passed away a Few months ago and was receiving alimony

Hello. My mom passed away a Few months ago and was receiving alimony. She was also receiving partly an amount that was arrearage payments to payoff a lump sum of ordered arrears. Should her ex husband still owe the arrears awarded to her estate. We are in Florida

Terrence H Thorgaard
Terrence H Thorgaard answered on Jul 12, 2020

Yes, I expect that her estate can attempt to recover the arrears.

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1 Answer | Asked in Child Custody, Child Support, Divorce and Family Law for Florida on
Q: Can a non custodial parent claim visitation rights after 6 years of no visitation?

The father did not follow court order of letting my child visit me, the court order child to visit mother; he is now an adult and I had no contact at all. Can the father be held on contempt of court? I have not seen my child for 6 years.

Terrence H Thorgaard
Terrence H Thorgaard answered on Jul 12, 2020

You should have brought this up with the court when it happened. It's quite possible that witnesses to what transpired have forgotten the details, so it is unlikely that contempt of court will be found.

1 Answer | Asked in Health Care Law for Florida on
Q: hi. i am looking for an attorney to help me get my nursing license reinstated. i was licensed in florida

my license was suspended in 2004. i am ready to fight to get reinstated but i dont have 10000$ to pay an attorney to get it back. please help

Tim Akpinar
Tim Akpinar answered on Jul 12, 2020

Only a Florida attorney could advise you on this, but your question remains open for two weeks. I'm sorry that happened to you, given the investment and sacrifice involved in obtaining such a difficult license. As a GENERAL matter, you could contact other attorneys to discuss pricing. Licenses... Read more »

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