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Florida Questions & Answers
1 Answer | Asked in Uncategorized for Florida on
Q: Do I have a case against my doctor for safety violations?

I am a dialysis patient from out of state. I need to renew my driver's license and at the dmv they asked if I ever fainted and I was honest and said yes due to low blood pressure but it was serval months ago. Now they gave me paperwork to give to my doctor to fill out to make sure I'm able to... Read more »

Tim Akpinar
Tim Akpinar answered on Oct 19, 2019

An attorney is not qualified to make a determination here as to a safety violation. You're asking about a medical opinion on the actions of an examining physician; only another physician who could review the file documents might possibly be able to make a conclusion as to actions/inactions... Read more »

1 Answer | Asked in Civil Litigation, Real Estate Law and Landlord - Tenant for Florida on
Q: Can a property manager collect applications fees and deny for credit reasons but didn't even rum report no inquiries fou

Because of his not processing applications I was given stipulations out of my control but in his hands. They too where denied. Now Im facing eviction

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Oct 19, 2019

1. In residential rental situations where there are two or more residents on the same lease, the standard industry practice is to require every resident to undergo the same application process as everyone else does.

2. Most if not all licensed rental property managers require a nominal...
Read more »

1 Answer | Asked in Consumer Law, Personal Injury, Family Law and Collections for Florida on
Q: What kind of attorney specializes in mortgage lender negligence? We almost lost our home before their mistake was found.

Purchased a house in October 2018 and mortgaged through Suntrust. In December 2018, they increased our tax escrow from $350 to over $700 a month. I challenged having to pay taxes of the prior owner for 2018 multiple times. In March 2019, I became disabled and lost my job. Tried to work with... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Oct 19, 2019

Unless you actually lost your home to a foreclosure caused by negligence of the lender you are barking up the wrong tree. You cannot sue anyone unless you can prove some actual injury that caused some cognizable damages. "Almost lost our home" is NOT a legal injury; why? Because you still have the... Read more »

1 Answer | Asked in Family Law for Florida on
Q: Can a husband and wife share a lawyer in a dcf case? Or do they each need their own lawyer?
Bruce Alexander Minnick
Bruce Alexander Minnick answered on Oct 19, 2019

Unless the husband and wife are on the same side of the issues and arguments with DCF it is improper for any lawyer to try to represent both spouses. There would be an obvious conflict of interest in doing so.

1 Answer | Asked in Family Law for Florida on
Q: Request for visitation

I’m going there a custody battle with my child father. We going to court in the next 2 weeks. I wanted to know can I ask for supervised visits. If I had to call the police to get my child put of his house, and he refuses. I only called once, but there’s another situation when I didn’t called... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Oct 19, 2019

This free legal advice forum is not the place where you should spend any more time looking for solutions to your serious problem. I suggest you spend the time preparing to present a winning argument as to how your visitation rights can be enforced-- without participating in the never-ending... Read more »

1 Answer | Asked in Sexual Harassment for Florida on
Q: My son 15 years old was arrested for sexual assault on my 14 and 6 year old nieces. But with no proof he done it what
Bruce Alexander Minnick
Bruce Alexander Minnick answered on Oct 19, 2019

If you are trying to ask what you can do to help your 15 year old son defend himself against an experienced state attorney getting ready to prosecute him the answer is easy: Hire a criminal defense lawyer--and an expert witness to try to help your son avoid being tried as an adult.

1 Answer | Asked in Landlord - Tenant for Florida on
Q: Weekly rental here in Florida. Today I am behind two weeks. Tried to pay a week and landlord is denying the money order

Say if we dont pay it all we have to move out

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Oct 19, 2019

Unless you have a written agreement that allows you to go two weeks without paying any weekly rent to your landlord, and also allows you to pay only one week of the late rent using money orders I am afraid that the landlord will win this dispute.

1 Answer | Asked in Civil Litigation, Civil Rights and Landlord - Tenant for Florida on
Q: Can a pm collect fees for applications and deny me. Then give me a stipulation for 2 co signers and d3ny them both.
Bruce Alexander Minnick
Bruce Alexander Minnick answered on Oct 19, 2019

Sorry for my lack of knowledge of acronyms that you must like to use--but what in the world is a "pm?"

1 Answer | Asked in Divorce for Florida on
Q: I was married to Hubert Dale Finley approximently 1975 and need a cerified copy of the divorce papers. Couldyou help me?
Stephen Arnold Black
Stephen Arnold Black answered on Oct 19, 2019

Retain counsel to search the court clerk records so that a certified copy of the documents can be obtained. Some of us charge an affordable fee.

1 Answer | Asked in Criminal Law and Sexual Harassment for Florida on
Q: Cyberstalking/Harassment Social Media

There has been a group of guys on social media who think it's fun and games to harass me constantly. I've tried blocking them on every platform before they find me, but they still do. I have proof of them making horrid memes of me, making a false account with explicit photos from a private account... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Oct 18, 2019

Report these crimes to your local police or the State Attorney's office.

2 Answers | Asked in Criminal Law for Florida on
Q: Do Private Attorney's contract former law enforcement to assist with cases? If so, what would that title be? Thanks!

As a nearly retired Detective, I'm looking for possible contract opportunities. I spent the evening conducting online searches but I don't believe I'm using the proper terminology for my search. I've searched using keywords; consultant and advisor. Any point in the right direction would be helpful,... Read more »

Gary Kollin
Gary Kollin answered on Oct 17, 2019

Private detective?

Expert ?

https://www.jurispro.com/category/police-procedures-s-160/FL (one example)

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1 Answer | Asked in Real Estate Law for Florida on
Q: who Is responsible for replacing the roof in a life estate If the house cannot be insured until it is replaced?

The tenant is out of money and the remaindermen refuse to pay any expenses does the tenant have to carry insurance in this situation?

Terrence H Thorgaard
Terrence H Thorgaard answered on Oct 17, 2019

Neither the life tenant nor the remainderman has a duty to insure the house. If, however, the house is damaged due to the negligence of the life tenant, he or she would be liable to the remainderman for the damage.

1 Answer | Asked in Family Law and Child Custody for Florida on
Q: Can my son take his son away from the mother?
Rand Scott Lieber
Rand Scott Lieber answered on Oct 17, 2019

You do not say if they are married. Regardless of any action your son takes he should go to court to assert his rights, either through divorce or paternity. Speak to a local attorney who specializes in family law.

1 Answer | Asked in Landlord - Tenant for Florida on
Q: Can my leasing office or apt mngr fine me for not following there trash can policy?

We had permanent trash can on our porch (door step) they have now changed companies and say the trash cans have to be taken in to our appartment. I need to know if it's legal for them to fine for not taking g the trash can into my home or placed on the patio

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Oct 17, 2019

This is not a legal question. Unless your written lease allows you to keep your trash can on the front porch--where all the other residents and anyone coming by have to see it--you are probably going to lose this stupid altercation.

1 Answer | Asked in Intellectual Property for Florida on
Q: Florida HOA board amending declaration of deed restrictions without prior notification or vote from property owners.

This following clause is included in the declaration “ The Grantor or its successor reserves the right to hereafter, from time to time, amend,

modify, add to or delete from any part or all of the foregoing restrictions without notice to or consent from the grantee on any lands owned by... Read more »

Linda Liang
Linda Liang answered on Oct 17, 2019

First of all, why is this intellectual property question? Secondly, your question is not clear. It seems that the language is part of the deed, which has nothing to do with HOA board. ... More information is needed to clarify the situation you are in.

1 Answer | Asked in Consumer Law and Stockbroker Fraud for Florida on
Q: In Florida what are the laws for vehicle repossession, specifically the aution/sale of vehicle and deficiency debt?

Specifically, How long does creditor have to sell vehicle and time-frame of sale results to debtor, as well as notifying credit bureaus of debt balance changes? If dealer keeps and resells the car on credit for more than what was owed what happens? Thank you

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Oct 17, 2019

Without the benefit of seeing all the underlying sale documents and financing documents, or discussing all the relevant facts with you, I can only tell you-- generally--that once an automobile has lawfully been repossessed by the creditor the debtor's "rights" in the car have been extinguished and... Read more »

1 Answer | Asked in Civil Litigation for Florida on
Q: Do i have to go to small claims court if both parties agreed on payment plan

i have already made a payment and sent the paperwork back to the lawyer signed.

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Oct 17, 2019

If you and the lawyer on the other side have agreed on a payment plan to resolve the debt the lawyer should file a notice to the Court informing the Court that the case has been resolved and no trial is necessary. CAVEAT: Do NOT rely upon the information I just gave you--because sometimes the... Read more »

1 Answer | Asked in Criminal Law for Florida on
Q: I have a criminal case in Brevard county fir 3 years and 3 public defenders I have not received all my discovery and

I want to file a motion to compel but now I have a new lawyer I haven’t even met can I do it myself?

Henry George Ferro
Henry George Ferro answered on Oct 17, 2019

You need to go through your lawyer...unless your are acting pro se (which means that you are your own lawyer).

2 Answers | Asked in Consumer Law and Medical Malpractice for Florida on
Q: can youu sue a plastic surgeon for breach of contract or trust

If a plastic surgeon didn’t stick to the service agreement and you wake up with something other that what was agreed on, can you get you money back from the credit issuer under consumer protection laws?

Linda Liang
Linda Liang answered on Oct 17, 2019

You may file a few causes of action, including breach of contract, batteries, malpractice.. and etc. But your credit issuer cannot simply refuse to pay without a stipulation or a judgement.

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1 Answer | Asked in Employment Law for Florida on
Q: Do I have a case for wrongful termination. I'm located in Florida.

I was fired from my job for "underperformance to achieve pre-established sales goals". However, my managers only gave me an inclination of what my sales goals would be during the interview process for the role. I was not given any official documentation with my sales goals once I started the role.... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Oct 16, 2019

No. Why? Because Florida is an “at will” state, which means employers are free to hire, transfer, promote, demote, suspend, reinstate, fire and rehire employees for any reason at any time, i.e., “at will.” The only thing employers cannot do is make any of these adverse employment decisions... Read more »

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