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Florida Civil Litigation Questions & Answers
1 Answer | Asked in Animal / Dog Law and Civil Litigation for Florida on
Q: A dog breeder falsified registration information and sold us 2 dogs with made up lineage

Both dogs have had medical issues and surgeries because of genetic defects. According to our Vet, because of the breeding. We found out about the breeder through her website (facebook) where there were several postings from other owners having issues and her falsifying information in regards to... Read more »

Charles M.  Baron
Charles M. Baron answered on Oct 15, 2020

The issue is whether the breeder committed fraud and/or breached the contract. Genetic defects, alone, do not provide a ground for suit. Many purebreds have genetic defects, hence it's better to adopt a mutt. Falsified info, if justifiably relied on to your detriment, may constitute... Read more »

1 Answer | Asked in Civil Litigation and Elder Law for Florida on
Q: Does domestic violence have to be physical or can it also be psychological. That is what our son has done to us
Charles M.  Baron
Charles M. Baron answered on Oct 12, 2020

I assume you are talking about an adult son, not a minor, and I assume you are wondering if you can obtain a restraining order to keep him away from you. If this is not the case, it's best to re-word your inquiry and re-post. There are limited types of NON-physical contact that warrant the... Read more »

3 Answers | Asked in Civil Litigation, Consumer Law, Contracts and Collections for Florida on
Q: Bank can’t repo lost (not stolen) vehicle.

My fiancé and I got a vehicle together (both co-buyers on the loan). We ended up not being able to make the payments and we’re going to voluntarily give it back to the bank. It was this big ordeal and the bank wasn’t letting me set up a time for someone to either come pick it up or for me to... Read more »

Barry W. Kaufman
Barry W. Kaufman answered on Oct 6, 2020

Nothing goes away. You should inform the bank about this so that it can take any action it deems necessary for them to track down the vehicle and take possession of it. If the vehicle is repossessed, it will be sold at auction and the proceeds applied to your loan balance. However, there is no... Read more »

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1 Answer | Asked in Business Law, Civil Litigation, Contracts and Real Estate Law for Florida on
Q: How difficult and timely to get Declaratory Judgement on responsibility for a Florida LLC net lease contract?

I am a 50% owner non managing member of a Florida LLC that owns a single asset; commercial property . The managing member (MM) is a 50% owner who enjoys a Net Lease for his Florida Corporation to operate on the property. The LLC operating agreement and a lease contract state that the MM's... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Oct 5, 2020

Difficult? Not at all.

Timely? Unknown. Covid-19 has slowed everything down; depends on the docket at the Broward County Circuit Court.

1 Answer | Asked in Civil Litigation and Contracts for Florida on
Q: Do I have a case if I had to cancel my wedding contract location due to Covid-19 mandates and the owner will not refund

wedding location in safety harbor, florida was booked before covid-19. Contract states no refunds, but due to the pandemic and rules over 10 guest are not allowed in a vacation rental in pinellas county...... I was told I could use the credit within a year of scheduled event that would have taken... Read more »

Giselle Ayala Mateus
Giselle Ayala Mateus answered on Sep 25, 2020

The answer to this questions depends on what you want to do. On the one hand, if the contract clearly states that there would be no refunds in any circumstance, probably you cannot ask for a refund. However, if there is a force majeure clause or a similar clause making exception you could be able... Read more »

1 Answer | Asked in Criminal Law, Civil Litigation and Collections for Florida on
Q: My mom received a phone call from a "private number" saying someone filed a complaint about me.

Last night 9/23/2020 around 4:30 p.m., some private number called my mom and asked for me, she told them I haven't lived there in 15 years and the lady on the other line said that someone filed a complaint about me or on me and that I needed to call an "888" number with a... Read more »

Barry W. Kaufman
Barry W. Kaufman answered on Sep 24, 2020

That's not the way the civil court or the criminal court system works. Sounds like a scam or at least shady.

2 Answers | Asked in Business Law and Civil Litigation for Florida on
Q: is there a website where cases for say "Breach of Contract" or other torts are searchable?

I would like to read various Briefs on Breach of Contract cases and other Torts

Charles M.  Baron
Charles M. Baron answered on Sep 23, 2020

A free one of limited search capability is Google Scholar - Google: google scholar case law. The sites that lawyers use, which cost money, but which may also be available for free at law libraries, include Westlaw, LexisNexis, and Fastcase.

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2 Answers | Asked in Civil Litigation and Probate for Florida on
Q: Grandma left me an apartment in her will 2003, but my step-grandpa was executor and never distributed. Died 2016

Me and my sister were never mentioned in my grandpa's will because we weren't blood related and his side of the family didn't like my mom, so it was a bit messy we group up with our grandpa and weren't even in his obituary. I have all the papers for the estate I'm owed and... Read more »

Barry W. Kaufman
Barry W. Kaufman answered on Sep 23, 2020

Take your stuff to a probate lawyer with your checkbook (so you can pay for a.consultation) to see if he or she can help you. We cant help you on the internet.

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1 Answer | Asked in Civil Litigation for Florida on
Q: Can legal action be taken to collect a debt over five years old in the state of Florida?
Charles M.  Baron
Charles M. Baron answered on Sep 22, 2020

Depends on whether statement(s) of account was/were sent to the debtor within the last four years. The creditor has 5 years to sue for breach of written contract and 4 years to sue for breach of oral contract; however, there is also a 4-year deadline to sue for "account stated", which is... Read more »

2 Answers | Asked in Criminal Law, Arbitration / Mediation Law, Civil Litigation and Small Claims for Florida on
Q: I sold a trailer but because of a EMERGENCY I had to leave state before I could give him his trailer.

Now I have to stay longer than expected. If we made an agreement on payments to pay him back, could he have me arrested of I fail to make payments on time?

Henry George Ferro
Henry George Ferro answered on Sep 22, 2020

Sounds very problematic and you need to either give the money back or get him his trailer immediately...depending on the value of the trailer you could be charged with either a felony or misdemeanor (probably a felony).

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1 Answer | Asked in Civil Litigation, Consumer Law, Contracts and Foreclosure for Florida on
Q: Are you an attorney who has won foreclosure cases based on breaches of contract and fraud or know of someone who can .

My attorney has just notified me of his suspension and need to find new counsel. I have filed counterclaims and defenses with exhibits proving the new plaintiff is no a holder in due course. I have TILA violations, FDCPA violations , Breach of contrat including fraud in the inducement ,appriasal... Read more »

Sherri B. Simpson
Sherri B. Simpson answered on Sep 20, 2020

Although I handle those types of cases, I am not in Punta Gorda. Call Mark Dann at Dann Law 877-475-8100. If he cannot handle the case he should know someone who can. Or email mdann@dannlaw.com or intake at Dannlaw.com.

2 Answers | Asked in Civil Litigation for Florida on
Q: Hello does a hurricane impact the time given to answer a summons? Courts have been closed since the 15th.

My due date is the 20th, courts are not open until the 21st, but my house flooded, I lost all power and electricity so I evacuated to Alabama. Am I required to still e-file on the 20th or will they give an extension to due the circumstances?

Charles M.  Baron
Charles M. Baron answered on Sep 18, 2020

You must find out if the Court in your area issued an administrative order extending all deadlines due to the disaster. Lawyers in your area should know. If you can't find that out, or if the Court did not issue such an order, you must meet the deadline, but amongst your options for meeting... Read more »

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1 Answer | Asked in Civil Litigation for Florida on
Q: My husband was refused service because he was rowdy with a store employee. Can that employee refuse to serve me

she says I am his spouse therefore she will not serve me even tho i was not inside store at the time?

Martin George Prego
Martin George Prego answered on Sep 10, 2020

Notwithstanding I am basing my response solely on your post, in general terms, any business does reserve the right to refuse service. However, a business cannot break the law or discriminate on the basis of suspect and quasi-suspect classifications such as race, gender, etc. I will be more than... Read more »

1 Answer | Asked in Civil Litigation and Collections for Florida on
Q: judgment collection a small claim court.

I won a judgment in a small claim court. However, the defendant refuses to pay. What I can do? The defendant has a real estate property, but she put an enhanced life estate deed after she was notified of my intentions to sue her.

Should a file a Notice of Lis pendens with the Clerk of the... Read more »

Charles M.  Baron
Charles M. Baron answered on Sep 9, 2020

Read the Florida Small Claims Rules, which are on-line. There are rules and associated forms for demanding the judgment debtor to disclose her assets, including bank account data, so that you can then attempt to garnish her account. Many such debtors will not comply with the disclosure demand, in... Read more »

1 Answer | Asked in Civil Litigation for Florida on
Q: I require an attorney who can get a deposition canceled permanently.
Charles M.  Baron
Charles M. Baron answered on Aug 30, 2020

To protect yourself from being deposed, you (or your attorney) would need to file a motion for protective order and set the motion for hearing. However, under most circumstances, there is no legal basis on which the Court may grant a motion to have no deposition at any time. You didn't... Read more »

1 Answer | Asked in Civil Litigation for Florida on
Q: On civil depositions that get cancelled are they supposed to serve for reschedule or standard mail

I was served for deposition upon arrival on the set date i was informed that it was cancelled i requested the attorney to email me a notice of cancellation for my records now i received a rescheduling subpoena through standard mail is that legally binding or are they supposed to serve me again

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Aug 26, 2020

No, because they know you received the service; they do not have to re-serve you.

Strong suggestion: DO NOT let yourself get angry or upset with the lawyers who want to depose you;

doing so will not help you in any way--and may make this life-experience more unpleasant than it is.

2 Answers | Asked in Civil Litigation for Florida on
Q: In Florida, 4 years ago a writ of execution resulted in my car being taken and sold at auction. Can they do that again?

I was sued by a landlord for breaking a lease. I didn’t make it to court. They added a other $15k for things that I didnt even do. A judgement was made against me because I didnt show or try to fight. A writ of execution resulted in the sheriff taking my car and selling it. It only paid $400... Read more »

Terrence H Thorgaard
Terrence H Thorgaard answered on Aug 26, 2020

Yes, they may be able to do it again.

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1 Answer | Asked in Civil Litigation for Florida on
Q: hello im looking for a pro bono lawyer to represent me on a law suit filed against me

none

Charles M.  Baron
Charles M. Baron answered on Aug 19, 2020

Contact the local office of Legal Services or Legal Aid. Whether they can assist will depend on the nature of the case.

1 Answer | Asked in Criminal Law and Civil Litigation for Florida on
Q: Can a civil restitution lien for incarnation cost for a county jail sentence be modified

In 2010 i was sentence to 8months in the country jail for a misdemeanor dwlsr and charged a civil restitution lein 4 monthts later but i was only in the facility for roughly 42 days before being transferred to state prison. Can this $12,000 civil restitution lein be modified to reflect the time I... Read more »

Henry George Ferro
Henry George Ferro answered on Aug 17, 2020

You can either send a request to the court yourself or retain a lawyer to do so...you should only be charged for the days in the county jail facility...P.S. call a lawyer to avoid the personal and painful experience.,.

2 Answers | Asked in Consumer Law, Civil Litigation and Civil Rights for Florida on
Q: My wife suffers from TBI. She suffers from a lack of impulse control. She has been spending money like crazy.

She took a loan out from a high interest loan company. She refuses to give me any details. The loan payback is now up to &10,000. She also put her car up as collateral. They have taken advantage of her disability. We live in Florida. What are the ADA laws against this?

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Aug 11, 2020

The ADA (Americans with Disabilities Act) has nothing to do with your wife's apparent mental condition. Nor am I aware of any other federal or state law that could help you stop your wife's uncontrollable behavior.

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