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Florida Business Law Questions & Answers
1 Answer | Asked in Business Law and Contracts for Florida on
Q: If a car is being financed an there is a borrower and co borrower whom have split up; who then gets full ownership?

Can one party just show up and take the vehicle with out the others permission as they both have rights to the vehicle or is there always a primary and secondary owner? ALSO is there a way to remove one party from the title before the loan is paid off? Like gifting your portion an do a title... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Nov 12, 2019

If the two names on the title and connected with the word "and" it requires BOTH owners to do anything with the car. That does NOT mean that one of the owners cannot sneak in during the night and take the car; however, to do so would be an unlawful act--perhaps even a criminal act under certain... Read more »

1 Answer | Asked in Contracts, Employment Law, Business Law and Intellectual Property for Florida on
Q: Can I get sued over pictures of work taken as a subcontractor?

My husband and his brother worked independently for some time. His brother opened a company and my husband kept working with him, never did he sign a w2 or an employment contract. We decided to open our own business and when they asked for my husband to sign a w2, my husband told him he would not... Read more »

Linda Liang
Linda Liang answered on Nov 11, 2019

It is not as white and black as you wish. I think you should hire an attorney to get your strategy ready and respond.

1 Answer | Asked in Business Law for Florida on
Q: I wanted the Ruling, holding, statement of facts, procedural history, reasoning for the case of people v ouettelle.

This is for a case law assignment and I just needed a little help for a case brief for the case of People v. ouellette. I needed the reasoning, statement of facts, procedural history, judgement, rule of law, issues, holding and additional comments. Thank you

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Nov 8, 2019

Since you were smart enough to find this free legal advice forum on line I am very sure that you can find Google and the host of other information websites online too. Get cracking.

1 Answer | Asked in Employment Law and Business Law for Florida on
Q: Is it legal do ask for a doctor's note at work if you weren't sick?

I slept through my shift at work. My boss said that I need a doctor's note even though I told him I wasn't sick. He is not telling me that if I don't provide a doctor's note I will lose my job.

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Nov 8, 2019

Your boss is being very kind to you; why? Because 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., “at will.” The only thing employers cannot do is make any of... Read more »

2 Answers | Asked in Business Law for Florida on
Q: I’m trying to figure out the importance of a principle place of business. Why is it needed ? What purpose does it serve?

I’ve been doing research on a few companies that do business in Florida. However they are located in other states when combing through their business filings and reports I’m noticing that each of them list a principle place of business that they don’t actually inhabit or do business from my... Read more »

Terrence H Thorgaard
Terrence H Thorgaard answered on Nov 6, 2019

By stating that the address is their principal place of business, they are agreeing that the company is located in this state and therefore Florida has jurisdiction over them should they be sued. It's a similar concept to that of a human being (natural person) "residing" here.

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1 Answer | Asked in Employment Law, Copyright, Business Law and Intellectual Property for Florida on
Q: Can I get sued over pictures of work taken as a subcontractor?

My husband and his brother worked independently for some time. His brother opened a company and my husband kept working with him, never did he sign a w2 or an employment contract. We decided to open our own business and when they asked for my husband to sign a w2, my husband told him he would not... Read more »

Linda Liang
Linda Liang answered on Nov 6, 2019

I don't think this is kind of help you can receive on a public forum. In order to do it right, more analysis is needed. You need an attorney to help you to prevent litigation with the right strategy.

1 Answer | Asked in Copyright and Business Law for Florida on
Q: Can a tow yard refuse to release truck due to power of attorney not having the expiration date written but isnotarized?

Paper was hand written but still notarized. I had all of the money for the fees.

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Nov 4, 2019

Unless you are the owner--and can prove it--the tow yard will not release the car to you unless you have some other reliable documentation that they could use later if it turns out the owner did not authorize you to pick it up. Re-do the POA correctly.

1 Answer | Asked in Business Formation and Business Law for Florida on
Q: I am researching a company that has an incorporation in Colorado, but has a certificate of foreign business in Florida

When I looked at their annual report to the state it states their principal business address. However, that address is actually a Jewish temple and not affiliated with this incorporation in any way. Is it illegal for the incorporation to submit false information in order to gain a certificate of... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Nov 1, 2019

Florida law does not prohibit the owners of any corporate entity to enter the correct information on the entity's online Annual Reports or other online documents. Nor does Florida law require the Division of Corporations to verify any information appearing on any corporate entity's online... Read more »

1 Answer | Asked in Business Formation, Business Law and Tax Law for Florida on
Q: Should I charge sales tax for my courier service? I pick up and item from one location and i deliver it to my customer.

No labor involved. I'm a middle man delivery service.

D. Mathew Blackburn
D. Mathew Blackburn answered on Oct 28, 2019

Generally if you're not paying for the item and re-selling it you don't collect the sales tax.

You'd have to check your state, county, and city to be sure.

1 Answer | Asked in Business Law, Insurance Bad Faith and Insurance Defense for Florida on
Q: As a life insurance agent, can I donate half my commissions to any parents at my daughter's school who purchases?

My daughter is in the Winter Park High School Band and we are always doing fundraisers. How much do we really make on selling coupon books or wrapping paper!?! I would like to approach the band director and offer to donate half my commissions to the band for any and all parents, grandparents,... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Oct 23, 2019

This is not a legal question; and I am unaware of any federal or state law that would prevent you from giving away all of the commissions you earn on all the insurance sale you make to all of your customers. Responding to your specific question: The only "problem" I can see is going to occur at the... Read more »

1 Answer | Asked in Business Law for Florida on
Q: I live in Florida and females work in nightclubs who are not licensed and give massages for tips. How is this possible?
Bruce Alexander Minnick
Bruce Alexander Minnick answered on Oct 14, 2019

This is not a legal question. Nor could it possibly be answered without seeing significantly more factual information including the reason why you are asking this strange question.

1 Answer | Asked in Business Law, Contracts, Consumer Law and Copyright for Florida on
Q: If you break the terms of service of Google Play Store (concerning Android), and further, Apple (concerning iphone)...

If you break the terms of service of Apple or Google Play Store, and it specifically states in the terms of service,

"If you break any term of this agreement, your right under this license automatically terminates without notice to you",

does that mean that you can never use your... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Oct 14, 2019

This is not a legal question. Moreover, while lawyers are very intelligent and highly trained professionals--we are not soothsayers; nor do we do crystal balls. Therefore, I am constrained by a fundamental law of the universe (no one can foretell the future) and unable to opine on your current... Read more »

1 Answer | Asked in Business Law for Florida on
Q: Is law enforcement allowed to remove a vehicle stored at a license junkyard if vehicle was reported stolen

The mentioned above vehicle was in mentioned junkyard for two years law enforcement came and removed vehicle from license junkyard without any payment towing fee or storage fees of said two years that vehicle was stored at license junkyard

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Oct 11, 2019

If you are the owner of the junkyard and are hoping to recover some or all the two years of storage fees you can try (1) suing the owner of the vehicle or (2) try suing the city or county law enforcement agency that came and took the car.

You might find it easier to collect from the city...
Read more »

1 Answer | Asked in Business Law for Florida on
Q: Usury laws often cite rules for interest rates. Does a flat fee or some other type of fee, fall into these laws?
Bruce Alexander Minnick
Bruce Alexander Minnick answered on Oct 8, 2019

If you are trying to avoid Florida's statutes outlawing usury by calling an exorbitant amount of interest a "loan fee" or a "service fee" or a "service charge" you are advised to stop. Unless you like to be charged with a crime.

1 Answer | Asked in Business Formation and Business Law for Florida on
Q: My parenter created a sunbiz and im not on it
Linda Liang
Linda Liang answered on Oct 3, 2019

Is that a question?

1 Answer | Asked in Business Law for Florida on
Q: Can a wealth management company that specializes in digital assets accept a clients money that is not from the U.S.

The company is an LLC.

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Oct 2, 2019

Of course they can; why do you ask?

3 Answers | Asked in Bankruptcy, Business Law and Collections for Florida on
Q: Do I need to file an exemption for wage garnishment if the wrong SS# was used in the original judgment?

A judgment was filed against me in 2014. I was unemployed and could not pay the credit card. I am now living only on Social Security. The original card owner was my husband but I used the card. The court documents show his social security number as mine. When I tried to call the collection agency... Read more »

Charles M.  Baron
Charles M. Baron answered on Sep 5, 2019

You DO need to file an exemption, despite a wrong SSN being listed. You are not required to have an attorney, but it's best that you have one, and you may be able to get a pro bono attorney by contacting your local agency that provides free legal services for the poor. You appear to be in Ocala,... Read more »

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1 Answer | Asked in Business Formation and Business Law for Florida on
Q: I need to issue 9,000,000 additional shares to my existing 1,000,000 share c-corp in Florida. How can I do that?
Bruce Alexander Minnick
Bruce Alexander Minnick answered on Aug 22, 2019

You do it the same way you issued the first one million shares.

2 Answers | Asked in Business Law for Florida on
Q: sold small biz last month. if cust are calling me to come back do I have to buy back accts from new owner if hes fired

I sold small lawn business last month. Customers are calling me and complaining about how unhappy they are with the new owner. I want to stay within the law - do I have to buy back the accounts I sold if customers fire new owner? Customers have tried reaching out to new owner and he does not... Read more »

Linda Liang
Linda Liang answered on Aug 15, 2019

if you are thinking of void the agreement and you have received payment, the oral agreement could be enforced, Unfortunately legally, the situation is out of your hand right now. All you can do is to pursuade another company to receive them.

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1 Answer | Asked in Business Law for Florida on
Q: I invested in a patent and the inventor passed away. And it's been acquired by pharma holdings, nv. What can I do?
Linda Liang
Linda Liang answered on Aug 4, 2019

It depends on what you mean by "invested" in a patent. You mean you have a license to use? If you do, and the patent was acquired by Pharma Holdings, then you should call pharma holding for documents proving their ownership of the patent and act accordingly.

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