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Florida Business Law Questions & Answers
1 Answer | Asked in Real Estate Law, Business Law, Civil Litigation and Civil Rights for Florida on
Q: Is a civil suit viable? HOA deleted surveillance video I asked them to save. It would have proved my son was innocent.

We pay monthly HOA fees for amenities, which include security via video surveillance. My son is facing criminal charges and the events that occured were caught on these cameras. This footage would prove the allegations are false. I emailed the HOA asking them to save it. No response. I also went... View More

James L. Arrasmith
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answered on Mar 26, 2024

In situations where evidence crucial for legal defense is destroyed or deleted, especially after a request has been made to preserve it, you might have grounds for a civil case. This would particularly apply if the deletion of the surveillance video directly impacts a legal proceeding, such as... View More

1 Answer | Asked in Employment Law, Business Law, Constitutional Law and Employment Discrimination for Florida on
Q: The person who interviewed me for a position ended up being the person who accepted the position. She never disclosed it

I interviewed for a position at a company in Florida. The person who interviewed me later in the process that they had decided to hire someone internal to fill the position. She accidentally accepted my LinkedIn request and 2 months after I interviewed she changed her position to state that she had... View More

James L. Arrasmith
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answered on Mar 10, 2024

While the situation you described may be unethical and unprofessional, it is not illegal.

1 Answer | Asked in Contracts, Employment Law, Business Law and Employment Discrimination for Florida on
Q: Is a person who receives a 1099 as an independent contractor. Liable For non compete by law? I did sign one

I had my own LLC while working for the company.

In question also own my own vehicle. It is a taxi driving job. I have my own car and my own business license. Period I just paid them part of my wages for dispatch services that's it

Terrence H Thorgaard
Terrence H Thorgaard
answered on Jan 29, 2024

Yes, if you signed a non-compete agreement, your LLC would be precluded from competing with the other party.

2 Answers | Asked in Business Law for Florida on
Q: Hey, I work for a company that transports stuff and one of our drivers hit a bridge that was 2 feet small than are truck

I got told the state was gonna sue are company. Jest wondering if They could

Terrence H Thorgaard
Terrence H Thorgaard
answered on Dec 8, 2023

Certainly the state can sue your company. The company should notify its insurance carrier, if it hasn't already.

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1 Answer | Asked in Business Law and Civil Litigation for Florida on
Q: If a company declares that their debt to you is fraudulent, can they stop paying you? The note personally held

Delaware law applies in this situation. The promissory note is held personally. This promissory note is from a purchase of a business and the buyer claims that the deal was fraudulent. Can they just stop paying you even though they have not proven that the purchase is fraudulent?

Charles M.  Baron
Charles M. Baron
answered on Nov 19, 2023

If Delaware law applies, you must direct your question to Delaware attorneys. You instead directed your question to Florida.

1 Answer | Asked in Business Law for Florida on
Q: Nonprofit association which is filed under 617 in Florida doesn't comply with my request to inspect records.

As a member in good standing, I have formally requested an inspection of records statute 617.1602 and the organization has not complied with my request. I am looking for proof of elections and all financial records. In addition to that, annual filings are filed under chapter 617 which the president... View More

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

It would be up to you to go to court to enforce your right to see records under Florida Statute 617.1602.

1 Answer | Asked in Contracts and Business Law for Florida on
Q: Need to draft a business partnership dissolution agreement with indemnity from all claims

Have a partnership in a business where I am 30% partner. My husband and I are guarantors on a retail location lease. We need to dissolve the partnership and draft an agreement which indemnifies us from any lease obligations.

Tim Akpinar
Tim Akpinar
answered on Oct 12, 2023

A Florida attorney could advise best, but your question remains open for two weeks. Attorneys would probably want to discuss in further detail. Aside from your own searches, there is a tab above, "Find a Lawyer," as well as referral sections in state and local bar associations. Those... View More

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 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.

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.

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 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 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 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.

1 Answer | Asked in Contracts, Banking, Business Law and Civil Rights for Florida on
Q: Hello, I have a friend who is currently a jail inmate in Hillsborough County. This is about a power of attorney.

Hello,

I have a friend who is currently a jail inmate in Hillsborough County. He asked that I have access to a bank account so he can make legal payments to his new attorney. After some research and discussion with others I found out a power of attorney will be necessary.

My... View More

Terrence H Thorgaard
Terrence H Thorgaard
answered on Jun 6, 2023

1) You can do it. Find a form online, or get help from his attorney, and check with the bank before you get your friend to sign it to see if it will be accepted. The bank may have its own form it prefers.

2) No.

3) Aren't you going to mail it to him care of the jail?...
View More

1 Answer | Asked in Business Law, Criminal Law, Personal Injury and Communications Law for Florida on
Q: Can I use a company for one of their employees logging into my account and giving someone else my personal information?

My ex asked one of her friends in New York who she claims works for spectrum. The persons brother also said that they asked her to dig into my stuff so that they could find out information I have text from both of them saying so. They have exact time and text messages that I never even showed... View More

Terrence H Thorgaard
Terrence H Thorgaard
answered on May 30, 2023

As I understand your question, you believe that an employee of the service provider, Spectrum, furnished text messages to or from you. In order to successfully sue the company, you would have to show that disclosure occurred, the service provider authorized the employee to disclose the... View More

1 Answer | Asked in Real Estate Law and Business Law for Florida on
Q: There is water/mold damage inside my condo unit from a leak above me, what are my chances taking the HOA to court?

The leak is from a common element pipe. The HOA has fixed the pipe but refused to pay for mold treatment inside my unit, citing demarcation at the drywall. The Bylaw says "all incidental damage caused to an Apartment by the maintenance, repair, or replacement work done by the Association shall... View More

Barbara Billiot Stage
Barbara Billiot Stage
answered on May 30, 2023

That's impossible to say without reading your condo documents. Generally, the HOA is only liable for putting back the bare drywall but it's possible your documents do not require that. It is also crucial to know if the pipe services just one unit or multiple units. If the pipe services... View More

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