Florida Questions & Answers by Practice Area
- Bankruptcy
- Consumer Law
- Contracts
- Copyright
- Criminal Law
- Divorce
- DUI / DWI
- Employment Law
- Estate Planning
- Family Law
- Foreclosure
- Immigration Law
- Personal Injury
- Products Liability
- Real Estate Law
- Tax Law
- Traffic Tickets
- Workers' Compensation
- Admiralty / Maritime
- Adoption
- Agricultural Law
- Animal / Dog Law
- Antitrust
- Appeals / Appellate Law
- Arbitration / Mediation Law
- Banking
- Broker Fraud
- Business Formation
- Business Law
- Car Accidents
- Child Custody
- Child Support
- Civil Litigation
- Civil Rights
- Collections
- Communications Law
- Constitutional Law
- Construction Law
- Domestic Violence
- Education Law
- Elder Law
- Election Law
- Employment Discrimination
- Energy, Oil and Gas
- Entertainment / Sports
- Environmental
- Federal Crimes
- Gaming
- Gov & Administrative Law
- Government Contracts
- Health Care Law
- Identity Theft
- Insurance Bad Faith
- Insurance Defense
- Intellectual Property
- International Law
- Internet Law
- Juvenile Law
- Land Use & Zoning
- Landlord - Tenant
- Legal Malpractice
- Lemon Law
- Libel & Slander
- Medical Malpractice
- Mergers & Acquisitions
- Military Law
- Municipal Law
- Native American Law
- Nursing Home Abuse
- Patents
- Probate
- Public Benefits
- Securities Law
- Sexual Harassment
- Small Claims
- Social Security
- Trademark
- Uncategorized
- White Collar Crime
- Wrongful Death
Florida Questions & Answers
Q: We have a signed contract on a property that is in probate and are supposed to close next week. Apparently title
Jennifer Isaksen's answer
There is not enough information to know for sure. If the property is subject to a Summary Administration, the title would pass when the Judge signed the final order and the new owners would sign at closing. If the probate is not finalized, all of the heirs could sign to expedite the closing possibly, but Summary Administrations are not typically long procedures. If it is a Formal Administration, the Personal Representative should have authority to sign the deed at closing, so it is not clear...
There is not enough information to know for sure. If the property is subject to a Summary Administration, the title would pass when the Judge signed the final order and the new owners would sign at closing. If the probate is not finalized, all of the heirs could sign to expedite the closing possibly, but Summary Administrations are not typically long procedures. If it is a Formal Administration, the Personal Representative should have authority to sign the deed at closing, so it is not clear...
Q: In the state of florida can i and an occupant to my lease
Andy Wayne Williamson's answer
It appears that you hit the submit button before completing your question. Please resubmit your question.
It appears that you hit the submit button before completing your question. Please resubmit your question.
Q: I am breaking my lease early. When I turn the keys back over to LL can I cancel my utilities?
Andy Wayne Williamson's answer
Since you have decide to "break your lease" I will respond by saying you can cancel your utilities.
How will the landlord respond to your breaking the lease is a different situation all together.
Since you have decide to "break your lease" I will respond by saying you can cancel your utilities.
How will the landlord respond to your breaking the lease is a different situation all together.
Q: If 2 cars are making a left turn(on opposite sides) & 1 ends up going straight as the other is turning who is at fault?
Andy Wayne Williamson's answer
There is not a way to answer this question as the determination of "at fault" is up to a judge. However, for purposes of insurance coverage an insurance company can decide not to cover the accident if they comply with or within the terms of your insurance policy.
There must be more to the story in terms of your insurance company taking the position that it did.
I suggest that you consult with an attorney in your are to go over the whole situation.
There is not a way to answer this question as the determination of "at fault" is up to a judge. However, for purposes of insurance coverage an insurance company can decide not to cover the accident if they comply with or within the terms of your insurance policy.
There must be more to the story in terms of your insurance company taking the position that it did.
I suggest that you consult with an attorney in your are to go over the whole situation.
Q: Do I have to file an injunction. Feel like I'm being forced to do so.
1 Answer
| Asked
in
Criminal Law, Family Law, Personal Injury and Domestic Violence
for
Florida
on
Answered on Jul 26, 2017
Answered on Jul 26, 2017
Terrence H Thorgaard's answer
You wouldn't "file an injunction" in any event; you would file an application FOR an injunction, asking the court to issue such an injunction.
But I agree with you: I don't see any need for an injunction. Ask the case worker why she is insisting on an injunction.
You wouldn't "file an injunction" in any event; you would file an application FOR an injunction, asking the court to issue such an injunction.
But I agree with you: I don't see any need for an injunction. Ask the case worker why she is insisting on an injunction.
Q: URGENT: Pro se assistance needed with filing a motion for enlargement of time to serve summons and complaint.
Terrence H Thorgaard's answer
Simply, after placing the caption at the top, state in the order what motion is being granted, and what you want the judge to rule. Like this: "Upon motion by Plaintiff [insert your name], time for service of process upon Defendant is extended [or, of you want, "enlarged") for an additional ___ days. Plaintiff shall have until _____ to achieve service of process." Provide a place for the judge to insert the date and sign it.
Simply, after placing the caption at the top, state in the order what motion is being granted, and what you want the judge to rule. Like this: "Upon motion by Plaintiff [insert your name], time for service of process upon Defendant is extended [or, of you want, "enlarged") for an additional ___ days. Plaintiff shall have until _____ to achieve service of process." Provide a place for the judge to insert the date and sign it.
Q: Spouse visa expires in September and is moving out the country. Will the divorce still go through?
Mr Eric Klein's answer
You must hire an experienced divorce lawyer to get this done quickly. As a layperson, you do not know how to negotiate the court system, therefore, you will get the excuse that they are "backed up." Good luck
You must hire an experienced divorce lawyer to get this done quickly. As a layperson, you do not know how to negotiate the court system, therefore, you will get the excuse that they are "backed up." Good luck
Q: New complex owners say they have done a Termination of Association and that my current lease is void? can this be done?
Andy Wayne Williamson's answer
Your situation is more complex than this forum is intended to deal with.
You need to consult with a real estate attorney from the area where your rental property is located.
Without reviewing your lease my initial thought is that the company cannot legally take this action. But hire a lawyer to look into it.
Your situation is more complex than this forum is intended to deal with.
You need to consult with a real estate attorney from the area where your rental property is located.
Without reviewing your lease my initial thought is that the company cannot legally take this action. But hire a lawyer to look into it.
Q: In a car accident, if the other party was found at fault and given a ticket, could she fight it in court/blame me?
Andy Wayne Williamson's answer
Yes. She can fight the ticket in traffic court. The police officer made the determination and charged her with fault but if she fights the ticket and wins that court battle then the officers determination would be nullified.
Yes. She can fight the ticket in traffic court. The police officer made the determination and charged her with fault but if she fights the ticket and wins that court battle then the officers determination would be nullified.
Q: Can job charge PTO for bathroom breaks?
1 Answer
| Asked
in
Employment Law and Employment Discrimination
for
Florida
on
Answered on Jul 25, 2017
Answered on Jul 25, 2017
Mitchell Feldman's answer
If you are a full time employee and you are not given a meal break of 20 minutes or more, then I think it would be improper to deduct pay for the 10 minutes, but, using pto time is not an unlawful practice as long as you are still paid for the time. I think the more important question here is whether you are a full time employee or not and if so, what is the meal break policy. If you do not have pto time, and pay is deducted there can be an claim, although 10 minutes may be dminimis and not...
If you are a full time employee and you are not given a meal break of 20 minutes or more, then I think it would be improper to deduct pay for the 10 minutes, but, using pto time is not an unlawful practice as long as you are still paid for the time. I think the more important question here is whether you are a full time employee or not and if so, what is the meal break policy. If you do not have pto time, and pay is deducted there can be an claim, although 10 minutes may be dminimis and not...
Q: what can I do to stop the father of my daughter to take her on an international trip during class period ?
Terrence H Thorgaard's answer
The child's passport application normally has to be signed by both parents. No properly signed application means no passport. No passport means no international trip for the child.
The child's passport application normally has to be signed by both parents. No properly signed application means no passport. No passport means no international trip for the child.
Q: If the father wont sign the birth certificate, can the mother still file for child support in florida?
Terrence H Thorgaard's answer
Certainly. The biological father doesn't need to sign an affidavit of paternity to be liable for child support.
Certainly. The biological father doesn't need to sign an affidavit of paternity to be liable for child support.
Q: Question regarding LLC paying an independent subcontractor for services who has a F1 Visa Status
1 Answer
| Asked
in
Employment Law, Immigration Law and Business Law
for
Florida
on
Answered on Jul 25, 2017
Answered on Jul 25, 2017
Andy Wayne Williamson's answer
Your question is too complex of a legal issue to answer via this type of forum.
You might try speaking with his immigration attorney or consult with a immigration attorney on your own.
You might also speak with your accountant as well as this transaction will ultimately go through your tax return.
Your question is too complex of a legal issue to answer via this type of forum.
You might try speaking with his immigration attorney or consult with a immigration attorney on your own.
You might also speak with your accountant as well as this transaction will ultimately go through your tax return.
Q: How long does a landlord/property manager have to respond to written requests?
Andy Wayne Williamson's answer
Legally the property manager is only bound by the lease agreement itself. Also, a landlord is not obligated to release a party from a lease and add a new party. It can be done and is done all the time but unless the lease outlines a specific time frame I am not sure that there is a time limit.
Legally the property manager is only bound by the lease agreement itself. Also, a landlord is not obligated to release a party from a lease and add a new party. It can be done and is done all the time but unless the lease outlines a specific time frame I am not sure that there is a time limit.
Q: Can a landlord rightfully deny to clean a dirty apartment and remove furniture from a previous tenant?
Andy Wayne Williamson's answer
Normally, a landlord will demand that the property be cleaned at the conclusion of the prior rental. However, the condition of the property at the start of your rental is likely not covered by the contract. If you want to rent, then is guess the former tenants items and dust appear to be a problem that you have to deal with. Also, you have signed a lease, and if the lease is silent about the condition of the property going into the lease and the landlord's attitude at the start of the lease,...
Normally, a landlord will demand that the property be cleaned at the conclusion of the prior rental. However, the condition of the property at the start of your rental is likely not covered by the contract. If you want to rent, then is guess the former tenants items and dust appear to be a problem that you have to deal with. Also, you have signed a lease, and if the lease is silent about the condition of the property going into the lease and the landlord's attitude at the start of the lease,...
Q: Are back taxes paid on a adverse possession claim refundable if the current owner starts paying the property taxes again
Andy Wayne Williamson's answer
Normally taxes are only paid once tax collector.
If you paid taxes under the assumption of adverse possession and then your claim of adverse possession lost at court I'm not sure that you have a legal basis to claim that the real owner of the property owes you a refund.
I suggest that you consult with a real estate attorney in your area to go over the case in detail.
Normally taxes are only paid once tax collector.
If you paid taxes under the assumption of adverse possession and then your claim of adverse possession lost at court I'm not sure that you have a legal basis to claim that the real owner of the property owes you a refund.
I suggest that you consult with a real estate attorney in your area to go over the case in detail.
Q: If I had a ADA agreement in place to come back to work and it was not honored. What can I do?
Andy Wayne Williamson's answer
If you are saying that you have an ADA agreement that allows you to return to work and your employer will not honor the agreement or will not allow you to return to work, then you need to immediately hire an ADA attorney to go after the employer for non compliance with the agreement.
If you are saying that you have an ADA agreement that allows you to return to work and your employer will not honor the agreement or will not allow you to return to work, then you need to immediately hire an ADA attorney to go after the employer for non compliance with the agreement.
Q: I inherited a Florida condominium in a 55+ community but I am only 48 years old.
Andy Wayne Williamson's answer
Yes, an HOA can restrict residence to 55+. The Fair Housing Act was amended to allow the same. The restriction is a residence requirement not a ownership requirement.
If you now want to move into the condo, then I suggest that you begin by speaking with the COA or get a copy of the regulations to see what it says about your situation. This is a detailed situation and I cannot tell you how things will work out.
I suggest that you find an attorney in that area who handles...
Yes, an HOA can restrict residence to 55+. The Fair Housing Act was amended to allow the same. The restriction is a residence requirement not a ownership requirement.
If you now want to move into the condo, then I suggest that you begin by speaking with the COA or get a copy of the regulations to see what it says about your situation. This is a detailed situation and I cannot tell you how things will work out.
I suggest that you find an attorney in that area who handles...
Q: does Fla have depraved indifference homicide laws?
Jonathan Blecher's answer
Unfortunately, there are no laws in Florida that apply to this scenario. Perhaps this case may be what's needed to pass new laws.
Unfortunately, there are no laws in Florida that apply to this scenario. Perhaps this case may be what's needed to pass new laws.
Q: Prop sold in foreclosure. warrantydeed 2013 had tax lien.How do I get tax lien to show satisfied?
1 Answer
| Asked
in
Foreclosure, Real Estate Law and Tax Law
for
Florida
on
Answered on Jul 24, 2017
Answered on Jul 24, 2017
Andy Wayne Williamson's answer
There is not enough information to answer why the county records did not update.
In terms of getting the tax lien removed from your credit report, that is likely not possible. Your credit report is a history of events (good and bad). Whether it gets shown as paid is a different thing since you did not pay it, the lien may still show on your credit report for the reason stated above.
There is not enough information to answer why the county records did not update.
In terms of getting the tax lien removed from your credit report, that is likely not possible. Your credit report is a history of events (good and bad). Whether it gets shown as paid is a different thing since you did not pay it, the lien may still show on your credit report for the reason stated above.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
