Florida Questions & Answers

Q: I was going to move into a house. I gave $300 down but never actually moved in. Am I entitled to get the $300 back

1 Answer | Asked in Other for Florida on
Answered on May 28, 2016

That's the reason contracts of this nature should always be in writing (not necessarily drafted by a lawyer, but at least hand written as a text message or on a piece of scratch paper). One would probably assume, in the absence of a writing, that the $300 was a deposit toward rent, so that the landlord would not rent the premises to someone else. So, assuming a small claims judge agrees with me, no: you don't get it back.
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Q: Can my lawyer respond to an email from my ex requesting to withdraw a motion to compel without consulting me first?

1 Answer | Asked in Family Law for Florida on
Answered on May 28, 2016

Unless your ex is represented by an attorney, yes your attorney can respond to the email. If you don't want your attorney to withdraw the motion (as requested in the email) tell your attorney ASAP that you don't want the motion withdrawn.
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Q: Florida question. My father died and left all real and personal property to me. he

1 Answer | Asked in Estate Planning and Real Estate Law for Florida on
Answered on May 28, 2016

You, or your father's personal representative if that's someone else, would sue the neighbors for replevin (return of the personal property).
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Q: I have a home in GA and in the divorce decree my ex wife had to be removed from the deed. Which was addressed.

1 Answer | Asked in Divorce and Real Estate Law for Florida on
Answered on May 28, 2016

The decree should have specified what it meant by "proceeds". In the absence of such specificity, one could assume that net proceeds (after realtor fee and costs of repair) is what was meant.

No, you can't transfer it to your current wife. That would be a violation of the spirit of the divorce decree.
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Q: My Godsons grandmother has come to an agreement to give us custody.Is there a fee or just signing of papers over

1 Answer | Asked in Family Law for Florida on
Answered on May 27, 2016

I really have no idea what you mean when you ask "Is there a fee or just signing of papers over [?]" A child is not a car or other item of personal property, so you wouldn't pay money in exchange for the grandmother "signing over" the child. If the agreement is in settlement of a lawsuit, it may provide for some payment of costs &/or attorney's fees, but not likely. There should be a written agreement.
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Q: we never married and have no custody agreement. Can my 13yr old move with me out of state where she was born and i live?

1 Answer | Asked in Family Law for Florida on
Answered on May 27, 2016

Hurricane Katrina was in 2005, so the child would have been about 2 years old then. Are you saying that the child was born in Florida, or in another state? I interpret what you wrote as indicating that you want to move from Florida to another state, where the child was born. In any event, if there is no court case pending here, and no custody order, yes, I believe you can take the child with you and move to another state.
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Q: 2 kids 14 &16 from my ex-wife who live in Ala decided to place me on cs How should I go about this w/ 2 more kids in FL

1 Answer | Asked in Family Law for Florida on
Answered on May 27, 2016

Your ex wife in Alabama is suing you in Alabama for child support? This question belongs in the Alabama section, but you will need to contact a family law attorney in that state. I expect that when a CS order is entered in that case, the amount will be figured with regard to the number of children you are also required to support in Florida.
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Q: Does a new non-solicit agreement need to be signed if I have a new contract that materially changes my job

1 Answer | Asked in Employment Law for Florida on
Answered on May 27, 2016

It probably won't make any difference either way, but that is up to your employer. If the employer asks you to sign one you probably should.
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Q: What is time frame to file an appeal of Bankruptcy Appellate Panel of the Circuit Court of Appeals, Broward, Florida?

1 Answer | Asked in Bankruptcy for Florida on
Answered on May 27, 2016

14 days. See my answer to your other post (same question).
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Q: What is time frame to file an appeal to the Bankruptcy Appellate Panel of the Circuit Court of Appeals?

1 Answer | Asked in Appeals / Appellate Law and Bankruptcy for Florida on
Answered on May 27, 2016

"Federal Rules of Bankruptcy Procedure

...

Rule 8002. Time for Filing Notice of Appeal

Rule 8002. Time for Filing Notice of Appeal

(a) In General.

(1) Fourteen-Day Period. Except as provided in subdivisions (b) and (c), a notice of appeal must be filed with the bankruptcy clerk within 14 days after entry of the judgment, order, or decree being appealed.

..."
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Q: I'm married, but want to by my own house with inherited funds. Does my husband have to cosign?

1 Answer | Asked in Family Law for Florida on
Answered on May 26, 2016

"Cosign" would mean you getting a loan and your husband agreeing to be obligated to repay it. If you are paying for the house with your own money, neither of you would sign a loan.

If you are asking if your husband has to be on the title, no, he doesn't.

By the way you asked the question, it appears to me that you had better spend a few hundred dollars and have an attorney advise you in this transaction.
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Q: hello how are you i have been hit in the head with a gun by my father in law with my daughter around how can i get

1 Answer | Asked in Family Law for Florida on
Answered on May 26, 2016

Best way to get an injunction is to hire an attorney. It's too complex a process to describe here, and it will depend upon a lot of details you have not provided. Or you might want to ask the clerk of court if "do it yourself" forms, for a restraining order are available.
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Q: Comparative Negligence Defense Against A Personal Injury Claim?

1 Answer | Asked in Other for Florida on
Answered on May 26, 2016

A comparative negligence defense would assert that the people you rear-ended did something wrong which (along with your negligence, such as perhaps following to close) helped cause the accident. It basically reduces the amount for which you are liable, in proportion to the negligence of the other driver.

It's not clear whether this claims department which wrote you the letter is with your insurance or with the other driver's insurance. You won't have to "just wait for a final...
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Q: The apartment complex we lived is telling us after all was said and done that we owe them for painting Why???

1 Answer | Asked in Other for Florida on
Answered on May 26, 2016

They want you to pay. You don't think you should pay and you ask "why?" You should ask this of the management. If they ask again, request that they put their request in writing and include a rationale.
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Q: I am renting an apartment in Sanford Fl, I have pre-paid the whole year, I have met someone and he stays sometimes.

1 Answer | Asked in Other for Florida on
Answered on May 26, 2016

Depends on what the lease says about guests. Approval of an application is nonsense unless he wants to be a co-lessee.
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Q: My school did not renew my contract due to diminished enrollment. My final day is June 6. Can I file for unemployment?

1 Answer | Asked in Employment Law for Florida on
Answered on May 26, 2016

So you can file after August 1. Note that there are strict filing deadlines.
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Q: I'm about to sign a lease for a Florida Condo rental. Im checked as responsible for wood destroying organisms? Termites?

1 Answer | Asked in Other for Florida on
Answered on May 26, 2016

"83.51 Landlord’s obligation to maintain premises.—

(1) The landlord at all times during the tenancy shall:

(a) Comply with the requirements of applicable building, housing, and health codes; or

(b) Where there are no applicable building, housing, or health codes, maintain the roofs, windows, doors, floors, steps, porches, exterior walls, foundations, and all other structural components in good repair and capable of resisting normal forces and loads and the...
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Q: I currently lease a home in FL which has a pool. ( not a community pool) Can the landlord charge Pool Rent?

1 Answer | Asked in Other for Florida on
Answered on May 26, 2016

Any mention of the pool in the lease? If not, LL probably cannot charge extra for the use of the pool.
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Q: The officer never cited me he merely took my fiance to jail after searching my vehicle and her so in that case what do i

1 Answer | Asked in Criminal Law for Florida on
Answered on May 26, 2016

Go to the jail. Ask for a copy of the charging papers. Take them to an attorney.
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Q: My school did not renew my contract due to diminished enrollment. My final day is June 6. Can I file for unemployment?

1 Answer | Asked in Employment Law and Public Benefits for Florida on
Answered on May 26, 2016
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