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Florida Questions & Answers
1 Answer | Asked in Gov & Administrative Law for Florida on
Q: does the statement below(553.505) mean that Private Clubs ARE EXEMPT or ARE NOT EXEMPT?

553.505 Exceptions to applicability of the Americans with Disabilities Act.—Notwithstanding the Americans with Disabilities Act of 1990, private clubs are governed by this part.

Terrence H Thorgaard
Terrence H Thorgaard answered on Dec 15, 2019

Assuming you are quoting a section of the US Code, private clubs ARE NOT exempt. The "this part" pertains to PART 553, not SECTION 505.

1 Answer | Asked in Animal / Dog Law for Florida on
Q: Two years ago I sold a puppy to a young man. At the time of the sell, the puppy had a Florida health certificate from

Florida License Veterans . On The health certificate vet noted that the puppy only had one testicle that dropped at the time. The puppy was sold without breeding rights. And a health Guarantee that Said that the new owner must take the new puppy to the vet within 72 hours I’ve never heard... Read more »

Terrence H Thorgaard
Terrence H Thorgaard answered on Dec 15, 2019

I'm guessing that you want someone to agree with you that they don't have much of a case. I agree.

1 Answer | Asked in Car Accidents for Florida on
Q: Should I contact a lawyer?

I got into an uber accident but wasn't hurt. The police were called and they told us it was the other driver's fault.

Gregg M. Hollander
Gregg M. Hollander answered on Dec 14, 2019

Good afternoon. I would contact a lawyer if you were injured or are in pain so you can understand your rights. If you have been injured or are in pain you should seek medical attention immediately. If you don’t, you may compromise your claim and the amount of benefits you could be entitled to.... Read more »

1 Answer | Asked in Child Support for Florida on
Q: Hi! So my divorce was finalized I’m July. I agreed to take the money from selling our house and not enforce child

support. Just to end it and keep ,y som safe from abuse. I filed for disability for my son and now they’ve sent a letter saying they’re going to enforce child support payments from the father. Is it possible I could get the child support, or will the divorce decree overturn this.

Rand Scott Lieber
Rand Scott Lieber answered on Dec 14, 2019

It is not legal in Florida to "waive" child support. However, the monies that you received from your ex could be considered an advance payment on child support depending on how your agreement is written. Anytime that you seek government benefits they are going to investigate the child support... Read more »

1 Answer | Asked in Family Law and Child Custody for Florida on
Q: I'm not married and there is no custody order, can I take my child out of state without the father's permission?

I'd like to take my child out of state (FL) for a visit with friends and family, but my baby's father has threatened to call the police for kidnapping if I do so. I'm unsure if 1. That anything bad will happen for me custody wise if I do so and 2. If cops are legitimately called, if I can talk it... Read more »

Rand Scott Lieber
Rand Scott Lieber answered on Dec 14, 2019

Unless he has been to court for child support and or paternity he has no legal rights to the child. You should be able to travel wherever you like without breaking the law.

1 Answer | Asked in Divorce, Family Law, Child Custody and Child Support for Florida on
Q: Can I call the court house and schedule a hearing or do I have to wait on the judge to decide?

Im currently going through divorce and my Husband isn't co parenting with me he keeps our child for longer days than expected an he's making it very difficult to raise our child. I know we have to wait on a mediation date from the court but is it possible for me to call the court house an ask when... Read more »

Mr Eric Klein
Mr Eric Klein answered on Dec 14, 2019

You have raised many issues in your post. I will try to address one at a time.

Yes you can and should call the courthouse and schedule a hearing, do not wait for the judge because the judge will not do it for you.

Regarding mediation, the court will generally not order mediation...
Read more »

1 Answer | Asked in Landlord - Tenant for Florida on
Q: I had to break my front door in because i locked myself out, the landlord wants me to completely replace the door.

Am i obligated to completely replace the door, or can i repair it if it is repairable.

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Dec 13, 2019

This is not a legal question--at least not now. Rather than spend valuable time asking questions on AVVO I strongly suggest that you either fix or replace the front door--unless you like to be robbed.

2 Answers | Asked in Real Estate Law and Landlord - Tenant for Florida on
Q: I rent a home in a rural area on acreage for 10 years.There are many wooded areas with a variety of trees. My issue is

with the neighbor next door that moved here in 2014. She put up a short chain link fence on the property line and says her property extends 2 feet into my rental property. There are 2 dead small pine trees 2 living pines about 40 feet tall and 1 foot circumstance. She says I planted the trees so I... Read more »

Terrence H Thorgaard
Terrence H Thorgaard answered on Dec 13, 2019

You are not responsible. If anybody is responsible, it would be your landlady. but I don't see why she would be responsible either. If the trees are on her property she should remove them, if she desires.

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1 Answer | Asked in Family Law for Florida on
Q: Can a grandparent file a visitation Order in The state of Arizona and require visitation time in Florida and Arizona

Maternal grandparent is filing for visitation of grandchildren in the state of Arizona. She is also requiring in the filing that while the children are with their father in the state of Florida that visitation be required. Can an order for grandparent visitation filed in the state of Arizona... Read more »

Rand Scott Lieber
Rand Scott Lieber answered on Dec 13, 2019

Although there is no grandparent visitation in Florida, you need to apply the law where the order was issued. If the children primarily live in Arizona and the court order is from Arizona then you must look at the law of Arizona.

1 Answer | Asked in Child Custody, Divorce and Family Law for Florida on
Q: In the process of saving money for a lawyer through legal aid until then how can i get my daughter back from my spouse?

I filed a Motion of Contempt on the Standing Law Order due to my spouse not returning our 4 year old daughter. She never been away from me this long its been 6 weeks now due to me not knowing her whereabouts and not being able to contact my soon to be ex husband. I filed an emergency contempt but... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Dec 13, 2019

Hiring a lawyer will always "speed up the process"--assuming you locate and hire an experienced lawyer that is.

1 Answer | Asked in Immigration Law for Florida on
Q: what's a fair price a immigration lawyer should charge me for 601A in Florida 2019!?
Stephen Arnold Black
Stephen Arnold Black answered on Dec 13, 2019

You should call around. Most counsel charge between 4 to 5 thousand. Other counsel charge less, but it depends on the unique facts of each case.

1 Answer | Asked in Child Custody and Child Support for Florida on
Q: Does paying child support give you rights to the child?

my childs father hasn't seen her in 2 years and i'm afraid to file for child support because I don't want him to try to take her away, since she doesn't even know him. I just want to know if I can file for child support knowing his rights will not change unless he tries to file separately for... Read more »

Rand Scott Lieber
Rand Scott Lieber answered on Dec 12, 2019

The father would have to pursue timesharing in order to get it, regardless of any child support obligation. Even if he does try, you can show the court that he has been absent for two years. All decisions by the court will be based on the best interest of the child.

1 Answer | Asked in Civil Rights for Florida on
Q: I am trying to determine what type of lawyer I would need to discuss a situation of a harassing neighbor

The issue is they yell very offensive things to all of our guests when they come and go, and yell at our children when they are playing outside. There is no physical abuse.

Charles M.  Baron
Charles M. Baron answered on Dec 12, 2019

Your question is too vague regarding the word "harassing". I suggest you post a new inquiry with a very short summary of the wrongdoing you are complaining of (up to about 4 or 5 sentences). In any event, if the "harassing" that you complain of falls under a category of wrongdoing that a Court... Read more »

1 Answer | Asked in Small Claims for Florida on
Q: trying to collect a debt from a small claim decision in my favor
Terrence H Thorgaard
Terrence H Thorgaard answered on Dec 12, 2019

First, you get the court to order that the judgment debtor complete a fact information sheet. Once you have that information, you proceed to levy upon whichever non-exempt assets the debtor may have.

1 Answer | Asked in Criminal Law, DUI / DWI and Family Law for Florida on
Q: Is a probationers compliance or status public record?

For example, assuming I know their PO and call their office/ email, can they tell me if a current probationer is in compliance with their terms, attending court ordered substance abuse classes, paying fees, and/or completeing community service.

Jonathan Blecher
Jonathan Blecher answered on Dec 12, 2019

I doubt a probation officer would disclose any information unless you were the attorney, court official or had a release/power of attorney from the probationer.

1 Answer | Asked in Employment Discrimination and Employment Law for Florida on
Q: Overtime question. Fiance is a teacher assistant ( not an actual teacher) and she also does after care as well. Her pay

Is 25000 a year for the assistant position (7am-230pm) and she gets paid $20/hr for aftercare ( 230pm- 5pm). She works a 10 hour day 50hrs a week. She’s now being told there’s a new 2020 FL law saying she will get overtime. Should she have gotten overtime from the beginning of working there? Thanks

Jay P. Lechner Esq.
Jay P. Lechner Esq. answered on Dec 11, 2019

The short answer is that she likely was entitled to overtime from the beginning of her employment, assuming her primary job duty did not involve teaching. The long answer requires an analysis of multiple compex issues under the FLSA. First, it is true that effective January 1, 2020, the salary... Read more »

1 Answer | Asked in Medical Malpractice for Florida on
Q: Do i have a Case ? Is this a Medical Malpractice ?

Several Months ago, i had an appointment with my doctor to remove an IUD (intrauterine device) and have it replaced with a new IUD since the old one was already over 5 years and it was time to change it. At the end of the appointment, i was told that it would be best to remove the old one and... Read more »

Tim Akpinar
Tim Akpinar answered on Dec 11, 2019

I'm sorry for your painful ordeal here. From the facts you present, failure to remove the first IUD appears to be breach of duty of care, which would ordinarily be a basis for a medical malpractice case (together with other legal elements that include causality and damages). If you are... Read more »

4 Answers | Asked in Child Custody, Divorce and Family Law for Florida on
Q: How can I get my child back from my child father?

I let my daughter go with her father for the weekend he was suppose to bring her back instead he decided to withdraw her from daycare, block my number and any attempt for me to contact my child. I filed for divorce soon after this happened but hes still not allowing me to see her its been 4 weeks... Read more »

Rand Scott Lieber
Rand Scott Lieber answered on Dec 11, 2019

You need to apply to the court on an emergency basis regarding timesharing. Try to consult with a local family lawyer.

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2 Answers | Asked in Real Estate Law for Florida on
Q: How to remove business name from co owned property when its out of business.

My 501 C3 owns a piece of property in Sebring, FL. It is co-owned through a bequest with another 501 C3. The other organization went out of business. I contacted the California Sec. of State and learned this. I still pay the taxes on both properties and want to remove the name of the other... Read more »

Seril L Grossfeld
Seril L Grossfeld answered on Dec 11, 2019

You need to find member of final board of directors to sign a deed. You should consult with a title attorney as to requirements for your circumstances, otherwise you are probably looking at quiet title like lawsuit to gain full title

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1 Answer | Asked in Foreclosure for Florida on
Q: In Florida,when a house is foreclosed on and there are 3 children involved,can they be evicted?
Terrence H Thorgaard
Terrence H Thorgaard answered on Dec 11, 2019

Yes. The fact that minor children live in the house has absolutely nothing to do with it.

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