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Florida Civil Litigation Questions & Answers
1 Answer | Asked in Business Law, Civil Litigation and Small Claims for Florida on
Q: Can a shipper avoid carrier's limit of liability and file a small claims for actual cost of cargo?

- no shipper's written declaration of the

shipper's choice of liability.

-no reasonable opportunity to

choose between two or more levels of liability.

-bill of lading after cargo damage

Damage caused by gross negligent of carrier when loading... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Aug 7, 2020

None of this makes any sense-unless it is the meat of some law school exam question. Have a nice weekend.

1 Answer | Asked in Contracts and Civil Litigation for Florida on
Q: Can you include damning evidence of defendant's guilt in the same envelope as a civil theft demand letter?

This would be to convince defendant to settle at this stage.

Charles M.  Baron
Charles M. Baron answered on Aug 7, 2020

Sure, why not?

1 Answer | Asked in Business Law, Civil Litigation and Contracts for Florida on
Q: If someone signs a JV contract with an LLC name that has not been filed, can I void it?

A joint venture contract was signed and the other person put a name of an LLC that was not filed until the following day, it showed up officially about 5 days later on sunbiz.org. I want to know if I can claim this contract void if the day of signing the agreement, their LLC did no exist.

Terrence H Thorgaard
Terrence H Thorgaard answered on Aug 6, 2020

No, the filing on Sunbiz relates back so as to ratify the contract.

2 Answers | Asked in Civil Litigation for Florida on
Q: Can someone that is 21 but has been declared to have a mind of a 15 year old be supplied or asked to purchase alcohol

I have asked a lawyer before about my situation

Im dating someone who is about to turn 22. I am in my 40s. Her family is against the relationship and keep threatening with attorneys and having me arrested. I need to know what we can do. The mother has supplied her with alcohol on several... Read more »

Terrence H Thorgaard
Terrence H Thorgaard answered on Aug 4, 2020

Supplying alcohol to someone over the age of 21 is not prohibited, whatever that person's intelligence.

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3 Answers | Asked in Civil Litigation and Libel & Slander for Florida on
Q: Should I contact a stores corporate office or have my attorney do it?

Im trying to file a lawsuit against a store for defamation of character and slander. I have a very solid case, but if their corporate office would like to offer me a generous compensation to me instead of me taking this to court and filing a lawsuit against them Id consider doing that. My question... Read more »

Terrence H Thorgaard
Terrence H Thorgaard answered on Aug 2, 2020

Have your attorney do it.

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2 Answers | Asked in Civil Litigation for Florida on
Q: Can you post someone’s public information online to have the public report them for a crime?

Could I post someone’s name, address, contact information so the general public can report them for a crime?

As far as I understand, posting someone’s Information, even if it’s easily accessible to the public, with intent to harm or intimidate, is illegal. But what if you are posting... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Jul 28, 2020

Decades ago I learned that whenever I had a brand new idea to write, say or do something that appeared to be ground-breaking and never before written, said or done by anyone else I would stop and ask myself this question: "Why has no one ever thought of this before?" The answer is... Read more »

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2 Answers | Asked in Civil Litigation for Florida on
Q: If my legal name does not appear on a motion to dismiss with prejudice, can I appeal after the judge closes the case?
Terrence H Thorgaard
Terrence H Thorgaard answered on Jul 26, 2020

Whoever filed the motion to dismiss failed to use your "legal name"? No, you could not successfully appeal.

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2 Answers | Asked in Civil Litigation and Contracts for Florida on
Q: Must plaintiff send a demand letter before filing a Small Claims suit for unfounded contract changes by defendant?

The unfounded changes were made by defendant while plaintiff was in the middle of the contracted job, and made so that defendant could further enrich himself at plaintiff's expense. Thus, plaintiff left the job and sent a bill in lieu of future services that were to be performed by the... Read more »

Barbara Billiot Stage
Barbara Billiot Stage answered on Jul 24, 2020

It definitely helps your case to send a demand letter with an itemized bill. If you are in the contracting business you should have a lawyer on retainer. Breach of contract cases can be tricky and the judge may have to weigh if it is fair for the defendant to pay the full price of the contract... Read more »

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1 Answer | Asked in Civil Litigation and Small Claims for Florida on
Q: What type of attorney would I retain for a small claims issue?

My ex boyfriend refused/refuses to return my fathers ashes. I live in Florida and he lives in Texas, and with the covid travel restrictions I cannot travel there to file a claim against him myself, but I’ve read an attorney can do so for me. He’s said the ashes were disposed of but I can’t... Read more »

Charles M.  Baron
Charles M. Baron answered on Jul 21, 2020

Whatever type of attorney is needed, he/she must be a member of the Texas Bar in order to represent you in Texas court. Unless your ex took the ashes from Fla. to Texas, he would have to be sued in Texas. Also, if Texas Court's operate the same as Florida's, you don't have to... Read more »

1 Answer | Asked in Civil Litigation and Contracts for Florida on
Q: How do I obtain a Form 1.977 Fact Information Sheet to be issued to a defendant that has yet to pay on a default.
Barbara Billiot Stage
Barbara Billiot Stage answered on Jul 21, 2020

You can download it from the Clerk of Court's website in most counties. Check https://browardclerk.org/. If you do not find it there, download the Florida Rules of Civil Procedure at https://www.floridabar.org/rules/ctproc/ and the form is towards the end of the document.

3 Answers | Asked in Contracts, Business Law and Civil Litigation for Florida on
Q: My attorneys are in possession of responsive documents to defendant RFPs and have not provided my production.

I am the plaintiff in a fraud case against a bank and other defendants. Defendants have justifiably submitted RFPs. Case began in 2017. My computers, phone and ipad were imaged to retain document integrity. My first law firm procrastinated providing any of my documents, emails, contracts and other... Read more »

Seril L Grossfeld
Seril L Grossfeld answered on Jul 20, 2020

If your documents are on a hard drive it is likely there are alot of documents. Your attorney has to review and possibly redact information from your documents which would take considerable time. I do not know if your attorney has filed an objection to any of the documents requested since there... Read more »

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1 Answer | Asked in Civil Litigation for Florida on
Q: In civil judgment against me (FL), would homestead exemption be affected by having home office/business.

I am wondering if a judgment creditor can pierce the vail of homestead exemption from forced sale if I have a home office/business in my house, (not open to the public, just for storing inventory and selling online). It would be about 15% of the square footage of the house.

Charles M.  Baron
Charles M. Baron answered on Jul 20, 2020

Most likely would not lose the exemption if it is indeed your primary residence. To be certain, however, my firm would have to conduct research, so you cannot take this answer as legal advice. A couple steps to start with are: (A) contacting your local tax collector's office and ask them if... Read more »

1 Answer | Asked in Civil Litigation for Florida on
Q: What do you think is an appropriate amount to ask for in a DEMAND LETTER where a large corp calls POLICE on me for no re

What do you think is an appropriate amount to ask for in a DEMAND LETTER where a large corporation calls the POLICE on someone with a disability for no reason (EARLY AM), when they know I am a delivery driver. They illegally detain me, refuse to let me out of the large business (use intimidation... Read more »

Stephen Arnold Black
Stephen Arnold Black answered on Jul 19, 2020

You should retain counsel to represent you if not already represented. Parties who are not represented are not taken seriously.

1 Answer | Asked in Civil Litigation for Florida on
Q: Mental health center in SWFL illegally recorded/listened to my calls & admitted to doing so via text. Do I have case?

A large mental health center in SWFL, illegally recorded & listened to my phone calls to the call center & the CEO admitted to doing so in a Linkedin text message.

I have screen shots of the Linked in messages with the CEO.

I never gave consent to record & listen to my... Read more »

Terrence H Thorgaard
Terrence H Thorgaard answered on Jul 19, 2020

Among other problems your case would have, a judge or jury is extremely unlikely to be able to find an amount for money damages. They will probably find that it's more likely than not that you would have spent the same amount on therapy in any case.

2 Answers | Asked in Employment Law and Civil Litigation for Florida on
Q: To Whom Do I Send This Complaint/Summons?

My ordeal began a year ago- I used to have an attorney but now proceeding pro se. My attorney sent a demand letter to my former employer and reply came from an attorney who was employed by a firm at the time. Fast forward a year-I Googled the firm and the attorney is no longer with them. I Googled... Read more »

Terrence H Thorgaard
Terrence H Thorgaard answered on Jul 19, 2020

You serve the defendant. It's up to the defendant to decide which, if any, attorney to retain.

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1 Answer | Asked in Products Liability and Civil Litigation for Florida on
Q: I set off fireworks 7/4. 7/10 I get a letter from neighbors lawyer asking for $1200 due to damage from the fireworks

to their cars. If they sue how can they prove this? At least 3 others nearby shot off fireworks too. They sent a pic but it doesn't show scratches or anything and the cars are a few years old. Should I ask to see estimates?

Terrence H Thorgaard
Terrence H Thorgaard answered on Jul 14, 2020

Yes, and ask for their proof that you, and not someone else, caused the damage. For only $1,200, it is doubtful that an attorney will want to spend that much time on what I'm guessing would be a small claims case, so it might not go beyond the demand letter. Contact your homeowner's... Read more »

1 Answer | Asked in Civil Litigation for Florida on
Q: Is it against the law to keep someone locked on property without giving them a way to get out without harming them

I am 21 living in a trailer on my parents property. I have left a gate key at someones house and cannot get to it. I was let in with an extra key. My mother has refused to lend me the key to get out or open it herself when I need to leave the house. She has stated I should jump the fence. When the... Read more »

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

Yes, that constitutes false imprisonment, which is a crime. Of course, if you have not made legal arrangements to give yourself the right to live there (such as a lease), your parents may order you to vacate, then evict you if you don't leave. Sounds like you need to make peace with your folks.

2 Answers | Asked in Civil Litigation and Contracts for Florida on
Q: If I signed a contract to hold until at date and received a down payment to do so and it was broken on the persons

Behalf can I keep the money they gave me if they didn’t contact me until later

Terrence H Thorgaard
Terrence H Thorgaard answered on Jul 7, 2020

It depends upon the terms of the contract.

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1 Answer | Asked in Civil Litigation, Contracts and Landlord - Tenant for Florida on
Q: On my lease I was required to provide a 60 day notice to vacate . I sent a 30 day notice. Is there anything I can do?

My lease end date is for July 5th. I sent a notice on June 5th as we were not sure if the Covid cases will continue to increase/ decrease before our move out date. I have moved out of the apartments last week. Is it possible to fight the system as I don't think I can manage 2 rent payments at... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Jul 1, 2020

No lawyer can solve a problem that has not happened. So if you are still planning to move on July 5, you will need to wait to see what the landlord is going to do after you move out An option would be to stay put, and then see what happens. That will make you a 30 day tenant not encumbered by any... Read more »

1 Answer | Asked in Banking, Business Law, Civil Litigation and Family Law for Florida on
Q: My hubby everything under LLC and partnership . We are marriage 9 years no marital contract.i stay home with our son 8YR

My hubby everything under LLC and partnership . I never had joint account . We are 9 years marriage. He just sold Marina Profit 500k, By the end of July about to sell His RV campground 9.7M ( will profit 4-5M for sure ) “LLC SHADY GATOR”. recently Got my citizenships. I m stay home mommy (8... Read more »

Linda Liang
Linda Liang answered on Jun 29, 2020

This is complicated. Are you contemplating divorce?

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