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Florida Business Law Questions & Answers
1 Answer | Asked in Business Law and Landlord - Tenant for Florida on
Q: Can I be trespassed by a property manager as an employee of a company renting space within a store that is contracted.

I work in a medical office within a retail store. I do not have a contract with the property management company the store does. Today, I was harassed by a property manager because they were under the assumption that I had a patient parking in a no park zone. Turns out it wasn't a patient of... View More

Barry W. Kaufman
Barry W. Kaufman
answered on Oct 5, 2023

You can be trespassed because you have blue eyes. "When I started asking questions.." is the issue. You obviously ticked this guy off with your questions. Next time, don't let there be a next time.

1 Answer | Asked in Business Law for Florida on
Q: Can I make a podcast with this name and sell merchandise?
Tim Akpinar
Tim Akpinar
answered on Oct 2, 2023

A Florida attorney could advise best, but your question remains open for a week. The name you contemplate did not upload when you posted. If you repost, you could include Trademark, Copyright, Intellectual Property as categories - those may be closer to the issues you ask about, more so than... View More

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

1 Answer | Asked in Business Law for Florida on
Q: Can a contract be voided if it was signed under a false premise due to an egregious error by a plumbing company.

I had a water leak in my home; water leaked through the floors, and out the front door.I had a plumbing company come out to assess the leak.They said I had a leak from underneath the concrete slab, and they would have to cut through the wall and jackhammer through the floor to get to the pipe to... View More

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

Yes, assuming the contract has not yet been performed, notify them, in writing, that you no longer need them to do the work.

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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1 Answer | Asked in Consumer Law, Business Law, Civil Rights and Sexual Harassment for Florida on
Q: Wife was told that breastfeeding our son wasn't allowed at the pool. We were approached by pool manager while lounging.

I was under the assumption that breastfeeding was allowed in any public area.

I asked the manager to show me the rules in writing where it shows breastfeeding isn't allowed.

He showed me a " rules & reguation" document stating

"[......"is a... View More

John Michael Frick
John Michael Frick
answered on Sep 17, 2023

You are 200% correct. A woman May breastfeed a child anywhere in public she has a right to be.

It isn’t an indecent or inappropriate act.

1 Answer | Asked in Business Formation and Business Law for Florida on
Q: Will Error and Omissions insurance cover subsidiary companies if put under the holding companies name?

I am currently starting a notary business to work with my local title companies. I have future plans to start a bookkeeping business as well. I thought about starting a holding company and running the bookkeeping and notary business as subsidiary companies. If I purchase Errors and Omissions... View More

John Michael Frick
John Michael Frick
answered on Sep 17, 2023

It depends on the policy, but yes it can. Be very clear when applying for the policy that you want it to cover affiliates of the named insured and their employees and officers.

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.
PREMIUM
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 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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1 Answer | Asked in Contracts, Business Law and Collections for Florida on
Q: Apartment Management Consultants, LLC has not paid their invoices for over 130 days. What kind of help can you provide?

The View on the River Apartment

Franchise

Over 90 Days

F00262 0079068 The View on the River Apartmen 0262 (904) 379-6995 3645689 5/22/2023 5/22/2023 $0.00 $3,271.14 $228.22 99 - - - - $3,271.14

F00262 0079068 The View on the River Apartmen 0262... View More

Joel Gary Selik
Joel Gary Selik
answered on Aug 30, 2023

Attorneys can assist with demand letters, reviewing any written agreements to determine terminating contracts and assistance in evaluation.

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 Contracts and Business Law for Florida on
Q: I had a idea to open a STR company with my bf. but we dont know know where to start on how to protect us in an llc ?

I want both of us to be protected if the relationship doesn't last. What are our options? What should we exactly worry about first you know, ? Should we get an llc or an mutiple person llc ? I hear there are more cons with the mutli person llc. Any advice helps ?

Charles M.  Baron
Charles M. Baron
answered on Aug 1, 2023

Schedule a consultation with an attorney handling business formation. The LLC's articles of organization should include terms of any potential dissolution.

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 and Contracts for Florida on
Q: In Florida, If I do residential handyman work, can I hire others to complete tasks that do not require a trade license?

For instance, if I am putting hardware on kitchen cabinets and adding decorative backsplash and the owner wants to add granite countertops as well, can I coordinate granite install with another company and add it to my invoice with no markup? The owner knows and approved the company, they just... View More

Terrence H Thorgaard
Terrence H Thorgaard
answered on Jul 22, 2023

Can a contractor such as yourself hire a subcontractor to help with the job? Of course.

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 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 Employment Law, Business Law and Construction Law for Florida on
Q: Can we recoup damages?

We had an independent contractor help us at a daily rate. We own a handyman business and needed an extra set of hands. He botched the job significantly and caused property damage to our home and property. Our truck has overspray all over it, drive way is covered in paint, mailbox covered in paint... View More

Jane Kim
Jane Kim pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jun 30, 2023

Yes, sounds like you may have a claim for damages. The question is- how much? It may or may not be worth hiring a lawyer.

Good luck.

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