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Florida Business Law Questions & Answers
1 Answer | Asked in Contracts, Animal / Dog Law and Business Law for Florida on
Q: Just curious if a waiver I was pressured to sign is legally bounding or mean anything. Thanks

Just curious if a waiver I was pressured to sign is legally bounding or mean anything. Thanks

Charles M.  Baron
Charles M. Baron
answered on Sep 27, 2023

You signed a waiver AFTER they injured your dog?? A waiver that explicitly provides that you cannot make a claim against them for injuring your dog??? If it's really that kind of waiver, it may be enforceable in a court of law, with you letting them off scot-free - but you must show it to a... View More

2 Answers | Asked in Business Law, Intellectual Property and Trademark for Florida on
Q: I want to reinstall my trade mark.My business name is Mineral Evolution LLC serial number 79025687

I had to let it go because of no funds to prolong the registration.

Phillip William Gunthert
Phillip William Gunthert
answered on Sep 25, 2023

You should speak with a Florida Attorney if this is in the State of Florida, if you are a do it yourself type person, you can go to Sunbiz.org, Florida Department of State website and see what needs to be done. Depending on how long it has been inactive, you may or may not be able to get it. No... View More

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2 Answers | Asked in Business Law, Intellectual Property and Trademark for Florida on
Q: I want to reinstall my trade mark.My business name is Mineral Evolution LLC serial number 79025687

I had to let it go because of no funds to prolong the registration.

James L. Arrasmith
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answered on Sep 28, 2023

To reinstate your trademark registration for Mineral Evolution LLC, you should contact the United States Patent and Trademark Office (USPTO) or consult with a trademark attorney who can guide you through the process of reinstating and renewing your trademark registration. Be prepared to provide the... View More

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2 Answers | Asked in Bankruptcy and Business Law for Florida on
Q: If you have a business and refinanced a vehicle loan for your business using your mortgage, can you file bankruptcy?

We used our mortgage to help refinance our business vehicle. We may need to file bankruptcy for the business. Will it hurt our mortgage loan?

W. J. Winterstein Jr.
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W. J. Winterstein Jr.
answered on Sep 13, 2023

The answer mostly depends upon the type of *legal*entity that you've put the business into. A corporation, LLC, etc., is eligible to file a bankruptcy itself, as is a partnership. A sole proprietorship, however, is not a separate legal entity, and a bankruptcy of it will necessarily bring... View More

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2 Answers | Asked in Bankruptcy and Business Law for Florida on
Q: If you have a business and refinanced a vehicle loan for your business using your mortgage, can you file bankruptcy?

We used our mortgage to help refinance our business vehicle. We may need to file bankruptcy for the business. Will it hurt our mortgage loan?

James L. Arrasmith
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answered on Sep 14, 2023

Filing bankruptcy for your business should not directly impact your mortgage loan, as they are typically separate legal entities. However, it's essential to consult with a bankruptcy attorney to evaluate your specific situation and consider any potential implications on your personal assets,... View More

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2 Answers | Asked in Business Law and Intellectual Property for Florida on
Q: I am self-publishing a book with a co-author. Do we need an LLC to protect our personal assets from unforseen problems?
Phillip William Gunthert
Phillip William Gunthert
answered on Sep 12, 2023

Yes, any time you are running a business of any type, you want to keep your business and business assets and liabilities separate from your personal matters. You accomplish this by properly setting up the business and keeping personal and business assets separate and creating an Operating Agreement... View More

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2 Answers | Asked in Business Law and Intellectual Property for Florida on
Q: I am self-publishing a book with a co-author. Do we need an LLC to protect our personal assets from unforseen problems?
James L. Arrasmith
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answered on Sep 14, 2023

Forming an LLC can provide personal asset protection for you and your co-author in case of legal issues related to your self-published book. It separates your personal assets from business liabilities, reducing personal risk. Consult with a business attorney to determine if an LLC is the best legal... View More

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2 Answers | Asked in Tax Law, Business Formation and Business Law for Florida on
Q: Can a newly formed LLC (sole proprietor - 1 owner) lease equipment from its owner?

The equipment belongs to the owner and was bought with his personal funds to take advantage of using credit to purchase such equipment. Since the LLC is new it doesn’t have any credit to purchase equipment with. The idea would be for the LLC to lease the equipment from its owner, pay monthly... View More

James L. Arrasmith
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answered on Sep 14, 2023

Yes, a newly formed LLC can lease equipment from its owner, who is also the sole proprietor, and structure it as a lease with an option to purchase. However, it's essential to document the arrangement clearly in a formal lease agreement to avoid any potential legal issues down the line.... View More

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1 Answer | Asked in Contracts, Real Estate Law and Business Law for Florida on
Q: Condo Board's resolution can be retroactively applied?

I live in a 356-unit condo in Florida. In August 2022, the president of the board entered into a retainer agreement with a law firm to represent the Association in a couple of lawsuits. There was not a duly association’s meeting where this agreement was ever discussed, let alone, approved by a... View More

Barbara Billiot Stage
Barbara Billiot Stage
answered on Aug 29, 2023

Often, when there is potential or pending litigation, the board of directors will meet with the attorney in a closed legal meeting subject to attorney/client privilege and the retainer agreement results from that consultation. It is also possible the other board members authorized the president to... View More

1 Answer | Asked in Tax Law, Business Formation and Business Law for Florida on
Q: When a non-profit organization dissolves, does the IRS-required asset-distribution clause apply to fixed assets, home?

The previous question I asked was intended to apply to Florida not California. The scenario would apply to partial funds from 501(c)3 donors used to purchase a home in Baja California which is Mexico over 25 years ago while the majority was used to purchase from "own" private funds.... View More

Terrence H Thorgaard
Terrence H Thorgaard
answered on Aug 16, 2023

Yes, when a non-profit corporation is dissolved, the assets covered by the asset-distribution clause applies to real property such as that in Mexico. It's essentially a matter of federal law, so it doesn't much matter whether the non-profit was incorporated in Florida, California, or elsewhere.

1 Answer | Asked in Business Law for Florida on
Q: How can you protect personal property and assets from a lawsuit involving a LLC? Lawyers trying to use negligence?

Lawyers are trying to use negligence. They are not settling with insurance they are trying to get more money.

Terrence H Thorgaard
Terrence H Thorgaard
answered on Aug 5, 2023

Evidently you, as well as an LLC in which you have an interest, are being sued. If the lawsuit ends up with a judgment against you as well as the LLC, the judgment creditors could levy upon property belonging to either or both judgment debtors, you and the LLC. So, trying to transfer your assets... View More

1 Answer | Asked in Business Law, Intellectual Property and Patents (Intellectual Property) for Florida on
Q: What can be done about a company whose website shows an incorrect product inventors name and that inventions location?
Tim Akpinar
Tim Akpinar
answered on Jul 26, 2023

A Florida attorney or intellectual property would have the most insight into this, but your question remains open for two weeks. If it's only an informational site that posts things like news articles or press releases, the webmaster or author could be contacted to point out the correct... View More

1 Answer | Asked in Business Law, Gov & Administrative Law and Municipal Law for Florida on
Q: Would a FL townhome that is rented out through Airbnb be characterized as a "public lodging establishment" per 509.242?
Adam Ira Skolnik
Adam Ira Skolnik
answered on Jul 19, 2023

Yes, pursuant to s. 509.242(1)(c) - Vacation rental.—A vacation rental is any unit or group of units in a condominium or cooperative or any individually or collectively owned single-family, two-family, three-family, or four-family house or dwelling unit that is also a transient public lodging... View More

2 Answers | Asked in Business Law, Trademark and Intellectual Property for Florida on
Q: I Have a brand with it "ATLAST" I want to registrer this name as my trademark. I want some information. What i can do ?
James L. Arrasmith
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answered on Jul 10, 2023

To register "ATLAST" as your trademark, conduct a thorough search to ensure it's not already taken. Then, submit an application to the appropriate trademark office, such as the USPTO, with the required fees and detailed information about your brand. Consider hiring a trademark... View More

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2 Answers | Asked in Business Law, Trademark and Intellectual Property for Florida on
Q: I Have a brand with it "ATLAST" I want to registrer this name as my trademark. I want some information. What i can do ?
Felicia Altman
Felicia Altman
answered on Jul 10, 2023

In order to register a trademark you must first conduct a search to ensure the mark is not already registered with the USPTO in a similar class of goods or services. Once a trademark search is completed, if the search is clear you can register an In-Use or Intent-to-Use application with the USPTO.... View More

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2 Answers | Asked in Business Formation and Business Law for Florida on
Q: I have an existing LLC in the state of Florida. Can it be converted to a non-profit? It is an arts organization.

Performing Arts Theatre. Live shows. Educational and Community.

Where would I find the procedure if this is a possibility.

Matthew Morris
Matthew Morris
answered on Jul 3, 2023

It is very difficult to function as a nonprofit and also as an LLC. The essential nature of an LLC is that the money left over at the end of the year gets distributed to the members, who are essentially the owners of the LLC. The essential nature of a nonprofit is that nobody is allowed to get the... View More

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1 Answer | Asked in Small Claims and Business Law for Florida on
Q: In the State of FL can a business owner designate himself as officer on the "Authorization of Corporate Officer" form?

The defendant in my lawsuit is "Jane Doe, (D/B/A Jane Doe Services, LLC)". After no agreement was come to in mediation the judge sent an order to the defendant stating they must hire counsel or file a designation of corporate officer. The defendant filled the form out, signed it and... View More

Terrence H Thorgaard
Terrence H Thorgaard
answered on Jun 29, 2023

If it's legitimately a limited liability company, it's unclear why you included "Jane Doe" as the defendant. Unless you have cause to believe that you can "pierce the corporate veil" (in other words get the court to hold "Jane Doe" individually liable), you... View More

1 Answer | Asked in Business Law, Civil Rights, Internet Law and Libel & Slander for Florida on
Q: Is owner/admin of public Telegram Channel resp. for content of posts, both personally created or forwarded from others?

We have a radical Qanon activist - self professed digital warrior- who is an elected member of our non profit, all volunteer assoc. She operates 2 Telegram channels & a Rumble site. Both have tons of antisemitic, anti-LGBTQ, anti-govt, etc content. I don’t know that it rises to a hate crime.... View More

Terrence H Thorgaard
Terrence H Thorgaard
answered on Jun 27, 2023

If she is a "provider or user of an interactive computer service", such as the "Telegram channels" and the "Rumble site", it appears that she is protected by 47 U.S.C. 230, other than with respect to content created by her personally. It would be up to your... View More

1 Answer | Asked in Business Law, Consumer Law, Contracts and Internet Law for Florida on
Q: If an online seller from another state violates a law in my state, are they bound to my states law?

Online seller renewed a year long subscription without advance notice and is refusing a refund even though I canceled immediately. This is illegal in FL but they are based in Massachusetts

Charles M.  Baron
Charles M. Baron
answered on Jun 24, 2023

If you are buying while in Fla., Fla. law should apply. Regardless, to take legal action, you must see the terms that you agreed to for what procedures and venues apply for resolving any dispute. You likely checked a box for "terms and conditions". By doing that, you agreed to the... View More

1 Answer | Asked in Consumer Law, Lemon Law, Contracts and Business Law for Florida on
Q: Can an warranty company refuse to pay repairs although repairs are covered under warranty?

Bought a box truck from Ryder. They don't want to cover repairs for the truck because of "contaminated fuel". Although they covered repairs multiple times before and no where in the contract does it state no coverage for contaminated fuel.

Charles M.  Baron
Charles M. Baron
answered on Jun 13, 2023

The issue is whether the warranty is voided due to your wrongdoing (either intentional or negligent), if any, that caused the damage/issue triggering the need the repair. One issue is the contract language itself, and another issue is the fact issue of whether you actually committed the act or... View More

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