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Florida Questions & Answers
1 Answer | Asked in Contracts for Florida on
Q: Is it possible to create only one original contract copy by executing in counterpart?
Mark R. Osherow
Mark R. Osherow
answered on Sep 25, 2022

Interesting question. If the contract says it can be executed in counterparts it can be signed on separate documents. Probably would be valid if executed like that even without specifically so stating. Technically, each of the signed originals in full when placed together would be the original. If... Read more »

1 Answer | Asked in Civil Rights for Florida on
Q: We moved to Florida based on the Florida DBPR information on their website and the Occupational Freedom and Opportunity.

The Occupational Freedom and Opportunity act state that it endorses all current and active cosmetology licenses. Now we are being told that they no longer accept Connecticut (As of a few months ago). We have checked everywhere and there was no public announcement or amendments made to the... Read more »

Charles M.  Baron
Charles M. Baron
answered on Sep 25, 2022

I've never heard of this issue, so just looked up some things up online that may help you. I do NOT vouch for the accuracy of these sites, but they may be good places to start your research and to find knowledgeable people to contact.

The American Safety Council, based in Orlando,...
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1 Answer | Asked in Divorce for Florida on
Q: How can I get my spouse to move out of rented home? He refuses to leave even if I file for divorce.

Both of us are on the lease, and he could not afford it without my income. I want to file for divorce, but it seems pointless if he refuses to leave. He has not contributed financially for at least 7 years. I'm willing to work with him on things like health insurance, temp alimony, etc, but I... Read more »

Terrence H Thorgaard
Terrence H Thorgaard
answered on Sep 25, 2022

When you file for divorce, one of the things you should ask for would be that he be ordered to move out.

1 Answer | Asked in Construction Law for Florida on
Q: We are building a home in Sarasota FL. Who is responsible for the damage to the home from a hurricane, theft, fire, etc?

We have not settled and are in the early stages. They just put on the roof trusses.

Terrence H Thorgaard
Terrence H Thorgaard
answered on Sep 24, 2022

You are, of course. And if you have insurance, the insurance company to the extent, and subject to the terms, of the policy.

If by "we have not settled ...", you mean you are buying the home or paying someone to build it, the responsibility would depend upon the specific fact...
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1 Answer | Asked in Car Accidents, Personal Injury, Criminal Law and Domestic Violence for Florida on
Q: If someone throws a rock at your car in florida can you legally shoot back?

In florida throwing a rock at someones car is projecting a deadly missile. My question is if someone throws something at your car in a road rage incident that can injure you or your passengers is it legal to shoot back (stand your ground law). I need professional legal advice from someone who knows... Read more »

Charles M.  Baron
Charles M. Baron
answered on Sep 24, 2022

Your question is vague as to the timing of the events, as well as the specific danger posed by the rock-thrower. You may "stand your ground" with reasonable force that is necessary for self-defense - that is, to stop an ongoing attack that may cause death or great bodily injury to you.... Read more »

1 Answer | Asked in Divorce for Florida on
Q: Getting divorce in Fl Husband had a 401k plan. before getting married stopped Contributing to the 401(k) change

Does wife have claim of any of this money. When married I had already stop contributing to it

Rand Scott Lieber
Rand Scott Lieber
answered on Sep 24, 2022

If spouse 1 made no contributions during the marriage then they can argue that it is a non-marital asset. Spouse 2 would need to prove that spouse 1 somehow used it or commingled it during the marriage in order to make it part of the marital estate. For example, if spouse 1 took a loan against it... Read more »

1 Answer | Asked in Consumer Law, Contracts and Civil Litigation for Florida on
Q: What can I do to get my car that is in my name but still in my exes possession in florida?

Payments are not on time and I want to get the car paid off and off of my credit.

Bruce Alexander Minnick
Bruce Alexander Minnick
answered on Sep 23, 2022

If the automobile is titled in your name only you have a legal right to go get it, unless you were supposed to transfer it to him in the divorce.

1 Answer | Asked in Family Law, Child Custody and Military Law for Florida on
Q: Will a POA suffice so I can take over my husband’s coparenting agreement while he is in school for his new assignment?

My husband, who is in the Air Force, is leaving for about five months to tech school to cross train to his new AFSC. There is a parenting agreement in place for my stepdaughter and right now we have her every other weekend (Friday - Monday). Will a military POA suffice so I can take over my... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick
answered on Sep 23, 2022

The Judge was the ONLY person who established your husband's visitation rights, and the Judge is the only person who can answer this question. Do NOT rely on a "military POA." Ask the Judge.

2 Answers | Asked in Employment Law for Florida on
Q: Will a judge rule in a claiments favor if he has ordered all defenses the employer may have had to the claim striken?

The employer didnt show for mediation, and after numerous request to show cause; the judge ruled they willfully failed to comply and found sanctions to be appropriate. He then ordered all defenses the employer may have had to the claims made striken and set a final hearing.

Bruce Alexander Minnick
Bruce Alexander Minnick
answered on Sep 23, 2022

If you are the claimant ("claimant" is spelled with an "a") you are closer to winning than you were before filing the claims. However, unless and until the Judge actually enters a judgment in your favor you are not out of the woods.

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1 Answer | Asked in Real Estate Law for Florida on
Q: What is the percentage I am allowed to raise a tenants rent when renewing their lease?

It is a condo in a multi family rental

Barry W. Kaufman
Barry W. Kaufman
answered on Sep 23, 2022

There's no law in Florida that regulates rent. You can raise the rent as much or as little as you desire.

1 Answer | Asked in Family Law and Child Support for Florida on
Q: how can I protect my new spouse from my child support case in Puerto Rico?

my ex girlfriend may open a child support case on me if she finds out i am newly married. Can my pre nup in Florida protect my new wife from my ex trying to add my new wifes personal income for child support case in Puerto Rico?

Terrence H Thorgaard
Terrence H Thorgaard
answered on Sep 23, 2022

The mother of your child cannot force your wife to pay child support in Florida, whether the mother sues in Florida, Puerto Rico, or elsewhere. Child support would be your obligation, not that of your wife. If your ex does file for child support, you and your wife probably should not own property... Read more »

1 Answer | Asked in Uncategorized for Florida on
Q: What is a PROPOSED ORDER (Florida) & how do I write one? It's a civil case I'm trying to get reopened. Please help.

It's me against a hospital fir letting my records be obtained by an employee with I'll intent. They didn't protect my confidentiality. They promised to do so when I warned them of their employees threats.

Terrence H Thorgaard
Terrence H Thorgaard
answered on Sep 23, 2022

A proposed order is an order you want the judge to sign.

1 Answer | Asked in Securities Law and Stockbroker Fraud for Florida on
Q: Broker decided to close my account and sell my securities. They said I broke section 3 of their agreement without detail

Is it legal for a brokerage firm to decide they no longer want to manage my account and sell my securities without my permission. They refused to transfer them to another firm.

Bruce Alexander Minnick
Bruce Alexander Minnick
answered on Sep 22, 2022

Yes, it is legal for a brokerage firm to decide that they no longer want your business.

No, it is not legal for the brokerage firm to liquidate your securities unless they have a good reason.

For any more help you will have to retain a lawyer. Search for one using Justia.

2 Answers | Asked in Divorce for Florida on
Q: Does FLorida have common law marriages

I want to leave my boyfriend and want to take the property that was mine with me.

Michael Ferrin
Michael Ferrin
answered on Sep 22, 2022

Florida does not recognize common law marriage

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1 Answer | Asked in Real Estate Law for Florida on
Q: In Fla how often is a landlord required to paint my inside and outside of the house?

I've been here for 5 years and he has never asked if I needed or wanted a paint job on the inside. I pay a lot of money to live here and would like it done. Is it legal to make me pay the first 250 for a repair?

Barry W. Kaufman
Barry W. Kaufman
answered on Sep 22, 2022

Unless the lease obligates him to paint the house, he is never required by law to paint it. Did you agree in your lease tompay the first $250? If so, end of story.

1 Answer | Asked in Real Estate Law for Florida on
Q: Can I change my mind even though I accepted the investors offer to buy my house
Barry W. Kaufman
Barry W. Kaufman
answered on Sep 22, 2022

Not without significant legal consequences.

1 Answer | Asked in Contracts, Real Estate Law and Landlord - Tenant for Florida on
Q: FL apartment lease states tenant responsible for pest control contradicting Title VI 83.50 Can landlord deny lease to me

based solely on me refusing to be responsible for pest control pursuant to above statue? ( sorry that’s Title VI 83.51)

Barry W. Kaufman
Barry W. Kaufman
answered on Sep 22, 2022

Probably. If he can't follow that statute, he's probably not following others. you don't want to rent from a guy like that. Go someplace else.

1 Answer | Asked in Family Law for Florida on
Q: I am divorced over 17 yrs kept the married name but want to change to my Maiden surname.

I have 4 children all over 19 actually the youngest will be 20 this Nov. Who also want to change their last names to my Maiden name. I would like to know how we start. Florida residents. Thank you.

Destardes Moore
PREMIUM
Destardes Moore
answered on Sep 22, 2022

You would need to file a Petition for Change of Name (Adult). The Petition and Instructions can be obtained at the Clerk's office or online. Good luck!

1 Answer | Asked in Immigration Law for Florida on
Q: A cousin was seen by a immigration judge and they told him that he needs to sign a custody redetermination questionnaire

What is that form for?

Monica E Rottermann
Monica E Rottermann
answered on Sep 21, 2022

It sounds like your cousin is detained in immigration custody and the judge wants him to complete that paperwork to consider whether he will grant him bond to release him from custody.

1 Answer | Asked in Family Law for Florida on
Q: The right to first refusal clause. Does it pertain to me as a stepfather?
Emily Konicek
Emily Konicek
answered on Sep 21, 2022

It depends on what your agreement says. If it's silent, then most likely you must ask the other parent first before you are able to watch the child.

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