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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
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
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
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
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
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
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.
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
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
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
How will this new law that florida passed effect my employee and my business. He is worried about perhaps having to leave florida
answered on Jun 1, 2023
You should likely schedule a consultation with a competent and experienced immigration attorney who can discuss the details in a private setting. Does your employee "who isn't documented" have lawful work authorization, such as employment authorization through DACA (Deferred Action... View More
I recently sold my business. The asset purchase agreement signed by both parties states neither party can disclose details of the transaction for 3 years after closing. I want to share details of the business I sold (such as closing price, terms, EBITDA, brand) with a business broker. The reason... View More
answered on May 31, 2023
It is not likely that the agreement could be interpreted to prohibit you from sharing the terms with an attorney under such circumstances; and the fact that you do so would probably be confidential in any case. Run your dilemma by an attorney with experience in such matters to determine, first, if... View More
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
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
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
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
I am about to fly to Florida from Texas to purchase a vehicle. I noticed on the contract that the dealer was charging 995 for a pre delivery fee and 495 for security edging.
I'm not familiar with a pre delivery fee on an used car only know it to come on a new car and usually covered... View More
answered on May 16, 2023
This is a matter of contract negotiations between the parties; there is likely no issue of "does the law allow it?" Dealers insert into their proposed purchase contracts some bullcrap fees and charges with various labels, with the actual purpose of increasing their profit margin. These... View More
In a letter dated March 31, 2023, I was informed by the Head of Accounts Receivables that I owed $789.99 to the Association. The letter states, “must be paid within 30 days of the date of this letter. "
On April 29th, 2023 I sent the full $789.99 within the 30 days of the date of the... View More
answered on May 16, 2023
Technically you missed the 30 day deadline if the payment was not received by April 30th. Without knowing how much your dues are and what the frequency is for payments, it is impossible to give you a definitive answer if this amount being demanded is an overcharge. Legally, the management company... View More
I have applied for an LLC same name just not plural and was rejected. The notice said they have one year and it looks like their time was up to be revoked 5/1/2022. Due to no filings what can I do
answered on May 4, 2023
The general and applicable rule is as follows: The State of Florida Administratively Dissolved Businesses will be designated with an “INACT/UA” code and will then be held for a term/time period of one (1) year from the date of dissolution or revocation. Any names that are listed by the... View More
The Board of Directors held many properly noticed meetings regarding the creation of Covenants, Conditions and Restrictions, but the Chairman decided to hold a vote via email instead of properly noticing and holding a meeting to pass what was supposed to be the FINAL document. Most of the Board... View More
answered on May 2, 2023
Unfortunately, the email vote is not valid under Florida's nonprofit corporations act because there was not unanimous consent.
Florida allows board action to be taken in three ways: (a) a physical (in person) meeting, (b) a meeting by electronic communication "through the use of,... View More
Local Tax Exempt Organization IRS 501(c)(3) - how should a Board of Directors be constructed? I am worried about losing control of entity. What defensive measures can be instituted to prevent loss of voting control? I am the founder of the entity. This will be a big entity someday- tremendous... View More
answered on May 2, 2023
You ask a question that many founders of nonprofits ask. And lawyers who work with nonprofits inevitably deal with the situation that you fear: a board of directors who develop a different view of the direction to take the organization than the founder's view, resulting in strife and board... View More
I was contacted by a person who asked for cleaning services at an address. When I arrived, I discovered the person was not the homeowner. The homeowner didn’t know who I was because they contacted another company for the work. The original point of contact did not inform me that they were... View More
answered on Apr 29, 2023
You knew that the person with whom you contracted was not the owner. Thus, obviously, you were a subcontractor (or in theory you could have had a contract with a non-owner). Since you are going to be paid, I don't see a problem. In the future, get the arrangement in writing.
The employee was arrested over the weekend for domestic violence situation outside work hours . This employee works in the medical field and sees patients . How should the employer proceed
answered on Apr 11, 2023
Yes, the employee can be suspended either with or without pay and/or terminated on this basis. If the employee has an employment contract, you should discuss this situation and have the employee's contract reviewed with a Florida employment attorney to ensure any requirements for suspensions... View More
I would like to consult with a business lawyer who has experience in the above matter. The business will be registered in FL.
This online business is an Online Platform that will be a database with Offshore workers' information from Europe and Asia.
On the other side... View More
answered on Apr 1, 2023
You are posting in the Q&A forum. If your goal is to hire an attorney to provide legal services, you may want to search the directory and reach out to a few attorneys directly. Good luck!
The name similarities are conflicting and causing my business problems. Can something legally be don’t to deal with? I get calls from people looking for them and I’m sure they get them from me. Does time of existence matter? Or am I up shits creek? Thank you
Edit: I’ve been active... View More
answered on Apr 1, 2023
You might want to consider sending Cease and Desist letter because it is first in use. But the question is- when did you learn about this since this other company has been around for a long time, too. Basically, what took you so long? They may have a legal defense of laches (too much time passed).
I don't have anyone to become an agent to receive mail etc. The organization's bank acct is also in Indiana. What would be the cost and difficulty to make the transfer of the organization from IN to FL? Any other suggestions?
answered on Mar 29, 2023
You basically have two choices. The first option is to start a new not for profit in Florida and wrap up the Indiana nonprofit. The second option is to leave the Indiana nonprofit in place and to file paperwork with the Florida to operate as a "foreign not for profit" in Florida. Which... View More
My responsibilities changed considerably about 9 years ago, but my title remained the same. I asked leadership for a change in title, but they never responded. No yes or no. I started signing my emails with a more accurate title. It has been more than 7 years and nearly everyone, including... View More
answered on Mar 26, 2023
There are no legal issues here. Your job title is nothing a court of law is going to care about. If your employer wants to make an issue about it in the future, cross that bridge when you come to it.
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