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Florida Business Law Questions & Answers

1 Answer | Asked in Contracts, Business Formation and Business Law for Florida on

Q: As per Florida Sunbiz website I am planning to start Single member LLC in Florida. (Question & background info. below)

As per Florida statute (Instruction of Article of Organization (FL LLC) on sunbiz website), I am planning to submit application on 06/01/2019 for Single Member LLC to start consulting business (home based) providing engineering advising services but I will keep the LLC Effective Date of 08/15/2019... Read more »

Andrea Wheeler answered on May 22, 2019

You will not have an active LLC until the date of filing so you cannot hold yourself out as conducting business under that name until it is active. You will be a sole proprietor until you have an active LLC. I recommend speaking to a business attorney because there is a lot more to starting your... Read more »

1 Answer | Asked in Business Law, Civil Litigation and Employment Law for Florida on

Q: can an employer force an employee to purchase a company provided laptop if there are damages?

One of my twins pulled my work laptop off the countertop in my kitchen and subsequently broke a few pieces of the external plastic frame. The computer still works, no screen damage, just external Plastic parts that need to be replaced. My employer is demanding that I buy the laptop from them and if... Read more »

Bruce Alexander Minnick answered on May 21, 2019

Before you let yourself get all worked up about having to purchase the laptop your children broke please know that 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.,... Read more »

1 Answer | Asked in Business Law and Legal Malpractice for Florida on

Q: Can a representative from an attorney referall service legally go up to a homeless person to ask them if they need help?

I want to start an attorney referall service that reaches out to homeless people in hopes of connecting them with a disability attorney to help them get social security disability benefits. Can a referall service legally do this though?

Bruce Alexander Minnick answered on May 16, 2019

This question cannot be answered definitively without more information about the "attorney referral service" and more information about the specific kind of "help" being offered.

1 Answer | Asked in Criminal Law, Business Law, Civil Litigation and Civil Rights for Florida on

Q: My daughter and I bought a Groupon for a massage with salt scrub. It was by far the worst experience both have had.

Long story short. We complained. Owner called and was confrontational. Told me I was lying about the experience and she knew because she videotaped us without informing or asking consent. State of Florida. Is this legal?

Bruce Alexander Minnick answered on May 6, 2019

Long answer short: Hire a lawyer to write a letter to the owner of the spa warning them that you are prepared to report the privacy violation to appropriate licensing authorities--unless they refund your money.

1 Answer | Asked in Business Law for Florida on

Q: I’m in Florida and formed a llc about ten years ago but never did business and I never formally dissolved or filed yeary

I tried a business search but got no record of.

Bruce Alexander Minnick answered on May 4, 2019

So, what is your question?

1 Answer | Asked in Real Estate Law and Business Law for Florida on

Q: Rental ?

Renting a condo in south Florida listing agent trying to charge me $775 and my realtor is charging me $775/ is this legal to do. Rent is $1,550 month

Bruce Alexander Minnick answered on Apr 24, 2019

You must have two separate written contracts, right? Read them both and then take whatever action necessary to stop one of these professionals from double-charging. Hire a lawyer if necessary.

1 Answer | Asked in Business Law for Florida on

Q: Can I sue 1099 for breaking a contract of not practicing withing 10 miles from by place of business?

I own a beauty salon in Sarasota, Florida. 1099 worked with us for 2 years, learn all details of my business and open a studio from her house 5 miles away from my salon. Agreement that she signed says that she cant practice within 10 miles from my business for 5 years.

Griffin Klema answered on Apr 16, 2019

Quite possibly, yes. The geographic restriction might be enforceable, but the full answer to your question depends on an analysis of the contract that was signed, and the circumstances surrounding the contractor's work with you (as well as what you do/did to maintain secrecy over the confidential... Read more »

1 Answer | Asked in Contracts, Business Law and Collections for Florida on

Q: I'm a certified electrician an did a verbal contract with buss. they have made a part payment in three years

it has been three years seens I completed job

Griffin Klema answered on Apr 11, 2019

You are approaching the end of the statute of limitations for breach of contract (four years). Unfortunately, you're probably beyond the time period for filing a lien on the property to secure payment for your services. Nevertheless, I strongly recommend you either file a suit yourself in small... Read more »

3 Answers | Asked in Business Law, Civil Litigation and Construction Law for Florida on

Q: A corporation I owned, which is no longer currently active, is being sued for services provided that caused damages

A corporation I owned, which is no longer currently active, provided services on a construction project in which the owner has filed a lawsuit claiming property damages due to my services at the time. The insurance company covering my corporation during the time of the project, is claiming that it... Read more »

Griffin Klema answered on Apr 11, 2019

The answer depends on what the plaintiff's claims are. Are they only related to the job performed by you or the company? Only a careful analysis of the complaint will give you the full answer.

Officers can be individually liable for their torts irrespective of the corporation through which...
Read more »

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1 Answer | Asked in Business Law, Intellectual Property and Patents (Intellectual Property) for Florida on

Q: Hello!We are planning to start producing a waterproof fitted sheet in China, and we will sell the sheets in USA.

Should we ask China factory if they have a patent for the waterproof technology on the fabric, that they offer for our waterproof sheets? Or not?

Please, advise!

Thank you! Regards!

Griffin Klema answered on Apr 9, 2019

That depends. Patent rights are country-specific, and therefore your question involves whether that company has a Chinese patent as well as a US patent. (Patent rights generally protect making using or selling the patented technology.) If the Chinese entity has any patent protection domestically or... Read more »

1 Answer | Asked in Consumer Law, Contracts, Business Law and Civil Rights for Florida on

Q: Seeking an attorney who have experience against Lowe's Home Improvements.

They sold me defective new stove and fridge. Likewise, they refused to refund me for paid insulation. They willfully altered paid purchased orders in order to defraud me. When I attempted to collect materials I paid for, they accused me of theft.

Bruce Alexander Minnick answered on Apr 7, 2019

You do not need a lawyer to sue Lowes in the small claims division of your county court.

2 Answers | Asked in Contracts, Business Law and Civil Litigation for Florida on

Q: Will a non-notarized monetary contract between someone in Miami, FL and someone in London, UK be upheld in court?

I have a former business partner I no longer want to deal with. I'm in Miami and he's in London. We have never met in person, but we were working together on an eCommerce store and communicating online and through apps. There's a series of contracts digitally made and signed, but all un-notarized.... Read more »

Terrence H Thorgaard answered on Mar 28, 2019

Notarization is not necessary to prove the contract was signed. And you were of age when the contract was entered into. Have an attorney review the contract and all of the circumstances to best determine your options.

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1 Answer | Asked in Business Law, Contracts and Real Estate Law for Florida on

Q: Florida Commercial Real Estate Lease - Who Is Responsible For AC Replacement

I have a basic understanding of contracts, and when reviewing my lease agreement for new commercial property, reviewed the agreement myself. At the time of signing I read and observed the clause that I, as the tenant, am responsible for the repair and maintenance of the AC Unit. There is no... Read more »

Bruce Alexander Minnick answered on Mar 26, 2019

Unless you want to continue doing business without any air conditioning, I strongly suggest you hire a seasoned legal professional who has experience in real estate, landlord and tenant law to flyspeck the entire written lease looking for another clause or two that when read together with the rest,... Read more »

2 Answers | Asked in Business Law and Contracts for Florida on

Q: I created and drafted a marketing and advertising agreement with a client. after 4 months of billing they charged back

The client charged back stating "goods were not received" and "was not aware of the transaction" ... I have over 100 pieces of evidence including lead reports, call tracking recordings of incoming leads, social graphics used to post on social media, text messages between owner and I as well as with... Read more »

Griffin Klema answered on Mar 22, 2019

It sounds like you may have a good case, which if it can't be resolved through Square, you may be able to pursue the former customer in court. Much of your ability to win depends on any contract(s), and what was said in emails, text messages, etc., together with what services were provided. Legal... Read more »

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2 Answers | Asked in Business Law, Civil Litigation and Small Claims for Florida on

Q: Can an S corp in TN file in small claims court on default loans without attorney representation? Same question in FL.

we extend loans to our customers that are always $5,800 or less and would like to find out if we can utilize small claims court to obtain judgment on defaulted loans.

Charles M. Baron answered on Mar 20, 2019

In Fla., a corporate entity can generally proceed without an attorney in Small Claims Court, where the maximum amount sued for is $5K (plus court costs). Of course, that entails the principal or his/her designee being in Court in person, possibly on multiple occasions.

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2 Answers | Asked in Real Estate Law, Business Law, Civil Litigation and Civil Rights for Florida on

Q: Can a HOA or Management Group enforce rules that were never amended on the property By-Laws?

Good afternoon,

I live in a property with homeowners association and the management group. The homeowners association is trying to enforce parking rules that according to them Became new rules in 2016. I looked at the Declaration of condominium on the Miami Dade County recorders official... Read more »

Griffin Klema answered on Mar 18, 2019

If your reading of the declaration or bylaws is correct, then perhaps the Board is attempting to enforce a rule that cannot be properly enforced. However, I would strongly recommend you have a lawyer look over your particular case, since often times condos and HOAs empower their boards to pass... Read more »

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1 Answer | Asked in Consumer Law, Contracts, Business Law and Collections for Florida on

Q: Can a merchant set a minimal payment requirement on a debit card?

I went to a merchant (farm store) in Florida and ordered $3 worth of items. Without him saying anything, he charged me $5.30 and gave me the receipt. When I read it he said “it’s $5.30 cause he said there is a minimal purchase requirement with my card (debit card). He then told me to pick... Read more »

Adam Savett answered on Mar 11, 2019

It's probbaly not illegal for the store to try and set a minimum for debit card purchases, but it most likely violates the rules they agree to with Visa or MasterCard. But, swiping the card for more than the purchase amount and then telling the customer after the fact might very well be considered... Read more »

1 Answer | Asked in Business Law, Copyright and Trademark for Florida on

Q: How do I buy a trademark that is no longer active?

I have the numbers for the trademark from the Justia site.

Jason Brooks answered on Feb 21, 2019

It doesn't work that way. If a trademark is dead or abandoned, you must go through the process re-registering the mark by filing a registration application with the USPTO

1 Answer | Asked in Business Law, Civil Litigation, Collections and Contracts for Florida on

Q: Services completed, texts to prove that the insurance money was collected by the customer but they wont pay. Over months

Good morning, I work for a tree company ran out of Illinois. I had a question as I'm at a standstill on what to do. We have completed work for a customer with a signed invoice and text proof that they have received the insurance money to take care of the emergency tree service we provided. If you... Read more »

Griffin Klema answered on Feb 13, 2019

The fact that the customer was paid money by the insurance company doesn't really affect your rights to collect payment for services you rendered. Because the services were made on a property, you may be able to file a lien (a Florida construction lawyer may be able to answer that specific... Read more »

1 Answer | Asked in Consumer Law, Contracts, Business Law and Civil Litigation for Florida on

Q: a court appointed phychatrist found me incompentent to proceed, so the case was dropped. well i hav e a civil case the

they are forcing to me represent myself pro se. sicne was found incompetent i cant act as pro se correct. which would have make case a mis triual correct?

Terrence H Thorgaard answered on Jan 21, 2019

No, incorrect. The adjudication of incompetence would only apply in the first (presumably criminal) case. You can still represent yourself in the civil suit and unless the court in that case rules on your competence, the case goes forward.

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