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Florida Civil Litigation Questions & Answers
2 Answers | Asked in Civil Litigation, Contracts, Consumer Law and Real Estate Law for Florida on
Q: Can a plat map be used as a road disclosure in closing documents, even though there is a abutting road disclosure

At closing we were not told about the retention pond and the private road. There was a abutting road disclosure. Nothing else. There was a line about you must join the HOA and follow the CCR. The CCR’s were not given prior to closing. Hidden in there was a line about the HOA being responsible for... Read more »

Barbara Billiot Stage
Barbara Billiot Stage answered on Sep 16, 2021

This is why it is so important to have your own real estate lawyer represent you in a transaction. You will now need one to review your closing documents, the HOA documents, your survey of your property and the neighborhood plat, which often attached to the HOA documents but not always. The HOA... Read more »

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1 Answer | Asked in Civil Litigation and Civil Rights for Florida on
Q: Can I win a suit for wrongful arrest I went to jail 2 day per envision attn without an arrest warrant for a civil case

I was arrested at my home lied to about having an arrest warrant they had gave me the wrong court date so when I missed and didnt complete there discovery because I had never been served any other papers to know I had a 19919.53 judgment against me for a car that was repo in 2016 the its a lot to... Read more »

Charles M.  Baron
Charles M. Baron answered on Sep 9, 2021

You are writing from Texas but are directing your inquiry to Fla. attorneys - but whether the event happened in Texas or Florida, you will not be able to get advice about this situation without scheduling a consultation with a civil rights attorney and presenting all materials associated with the... Read more »

2 Answers | Asked in Civil Litigation, Contracts and Consumer Law for Florida on
Q: Hello, I signed a document through Docusign and was expecting a certificate of completion that makes the contract

legally binding. When I did not receive a copy, I requested through the sender to provide the cert. They were unable to and couldn't find it. When I contacted Docusign to receive a copy, they informed me the contract was voided and that there was never a cert to provide. Even though I signed,... Read more »

Terrence H Thorgaard
Terrence H Thorgaard answered on Sep 8, 2021

It the other party to the contract (the "sender", as I understand you) says that they don't have it, get that in writing. If they later find it, with your signature, get a copy of that. I'm not sure how Docusign can decide the contract is "voided", if they are not a party to the contract.

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1 Answer | Asked in Consumer Law, Workers' Compensation, Civil Litigation and Civil Rights for Florida on
Q: My friend lent his boss money, the boss picked a fight with him and fired him without paying him his money back.

There was no contract

Charles M.  Baron
Charles M. Baron answered on Sep 8, 2021

Your friend may sue for repayment of the loan, with the option for first having an attorney send a demand letter. If the verbal terms of agreement were that the loan should be re-paid within a time period that was a year or less, the verbal agreement is enforceable.

2 Answers | Asked in Landlord - Tenant, Personal Injury, Civil Litigation and Education Law for Florida on
Q: Can a university evict someone without compensation or notice for testing positive for COVID-19?

My vaccinated friend caught COVID-19, spread from an unvaccinated student, his next-door dorm neighbor. They have isolation dorms specifically to quarantine people and promised reservations for those who were vaccinated. The rooms are all full because they gave them to anyone who got sick instead... Read more »

Charles M.  Baron
Charles M. Baron answered on Sep 8, 2021

Your friend's rights largely depend on the terms and conditions agreed to when signing up to reside in the dorm. He therefore must schedule a consultation with an attorney and present all relevant writings for review. He can click on the Justia "Find a Lawyer" tab up top or contact... Read more »

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2 Answers | Asked in Business Law, Civil Litigation and Contracts for Florida on
Q: My Partner is threatening me to press charges against me for taking money from business account.

I have been working full time on this business.

Keith Kanouse
Keith Kanouse answered on Sep 6, 2021

Do you have a written agreement with your partner such as a Shareholders' Agreement, Operating Agreement or Employment Agreement? If not, you need to reach some understanding with your partner that you can't work for nothing?

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1 Answer | Asked in Real Estate Law and Civil Litigation for Florida on
Q: My question is in regards to the real estate partition process.

Before the forced sale of a home, will the owners receive a document stating they have been released from the rights and responsibilities of home ownership?

Richard Paul Zaretsky
Richard Paul Zaretsky answered on Sep 5, 2021

Answer this Double NO. Homeowner obligations of maintenance and taxes end on issuance of the certificate of title usually at least 10 days after the auction.

Mortgage and Note obligations don't end until after the lender is paid in full. And it depends also what obligation is being...
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1 Answer | Asked in Civil Litigation and Contracts for Florida on
Q: Can I break my lease without paying anything? Does this constitute as inhabitable?

I moved on the 20th of this month. I paid a full months rent. When I moved in the place smelt like cigarettes, the flooring wasn’t don’t properly. There is a gap between the flooring and the walls in all the bedrooms and living room. The furniture provided was scratched and damaged. The second... Read more »

Terrence H Thorgaard
Terrence H Thorgaard answered on Sep 3, 2021

Very few rental properties are perfect. When you moved in you should have inspected the place; if you didn't you are probably responsible for the rent payments for the duration of the lease.

1 Answer | Asked in Civil Litigation for Florida on
Q: Can a public health system, named as a defendant in a wrongful death lawsuit, use my money to litigate against me?

If a public health system, named as a defendant in a wrongful death lawsuit, uses my money (In theory, they are a public entity and I am a member of the public) to retain outside counsel to litigate against me, the plaintiff, am I entitled to recover some or all of the fees and expenses paid to the... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Aug 30, 2021

It matters not where the money to pay defendants' attorney fees came from. All that matters is whether the statute or case law that you are suing under provides for prevailing party attorney fees.

If you do not have counsel you are hurting yourself; look for an experienced tort...
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1 Answer | Asked in Divorce, Civil Litigation, Domestic Violence and Legal Malpractice for Florida on
Q: Conflict of interest

Partners

Nicole Vette
Nicole Vette answered on Aug 21, 2021

If you no longer trust or have faith in your attorney it sounds like you should consider hiring new counsel.

2 Answers | Asked in Civil Litigation, Contracts and Real Estate Law for Florida on
Q: I lied to someone about a contract that does not exist and I signed a lease that has been voided but was a lie can I go
Bruce Alexander Minnick
Bruce Alexander Minnick answered on Aug 18, 2021

If you are asking whether you can go to jail "for lying to someone" or for "signing a lease that has been voided" the answer is no.

But you certainly can get into other kinds of big trouble for lying about fraudulent contracts and fraudulent leases.

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1 Answer | Asked in Civil Litigation and Contracts for Florida on
Q: Can I go to jail for living to someone about a contract that does not exist

I lied about a contract that does not exist and keep the lie going for over a year I told the lady the truth question is am I going to jail there is nothing with her name on it

Barbara Billiot Stage
Barbara Billiot Stage answered on Aug 18, 2021

That question is impossible to answer in an online forum. It depends on what the contract was about and if the "lady" was harmed in any way by your deception.

1 Answer | Asked in Civil Litigation for Florida on
Q: I was fined a large amount by city for 2 code violations I was unaware of. Is this legal?

I was fined 15000 the max amount for violating short term rental zoning. At the time I wasn't renting short term but could not figure out how to get my listing off vrbo so blocked all dates. I received emails from vrbo stating I was no longer in search results. Code found my property online as... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Aug 18, 2021

If you have a lawyer none of us on this panel can interfere unless you discharge your lawyer.

There is a way you can reduce these code violation fines but whether it will work or not depends upon may unknown factors.

However, hiring a new lawyer might be advisable because there is...
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2 Answers | Asked in Civil Litigation and Probate for Florida on
Q: My exhusband received a judgement against me which I never paid. He passed away and my son is his executor as well as

Beneficiary. He won't try to enforce it. Is there a way it can be released on public records?

Barry W. Kaufman
Barry W. Kaufman answered on Aug 11, 2021

No. Judgments are public record and cannot be expunged or erased. The enforceability of a judgment ends after 20 years, but the record is permanent. If he wants to execute and record a satisfaction of judgment, indicating that it's paid or satisfied, he can do that, and that terminates the... Read more »

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1 Answer | Asked in Animal / Dog Law and Civil Litigation for Florida on
Q: My ex came in where we are both on the lease with his new girlfriend and stole my dog and went give it back

He has been gone with this girl for three weeks he came to two weeks of him being gone ...he took the only key so I could lock my door I started to record audio in case some one broke in ...well they came in for four hours took what ever they wanted went to work the next day and when I came home I... Read more »

Juliet Piccone
Juliet Piccone answered on Aug 11, 2021

You have to appear or otherwise respond to the lawsuit, counterclaim against him for wrongful taking of your dog (replevin).

2 Answers | Asked in Business Law and Civil Litigation for Florida on
Q: If someone is quoted as saying something in a article, could you present it in court or would it be hearsay?

I should add that the person would be a witness at court so they could be asked about it.

Terrence H Thorgaard
Terrence H Thorgaard answered on Aug 3, 2021

There are many exceptions to the hearsay rule, and some of them provide that a statement is admissible if the person who said it is present in court. But it would depend on what was published, as well as what the statement would be offered to prove.

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2 Answers | Asked in Civil Litigation for Florida on
Q: Can you seek compensatory damages from a married neighbor that has sent inappropriate pictures and texts for 10 years?

Asked/begged/guilted/threatened to tell wife for years. The rest of the 10 I’ve disengaged but it never stops him. Unwanted pictures/texts/unzipped commando and groped himself in front of me ON MY PROPERTY, even a cash offer! Any excuse to start the conversation when she is at work and he’s... Read more »

Terrence H Thorgaard
Terrence H Thorgaard answered on Aug 2, 2021

Compensated for what monetary loss? Unless you can prove that you had to spend money, or lost something of monetary value, because of his actions, you don't have a case.

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1 Answer | Asked in Civil Litigation for Florida on
Q: Is it standard language in a settlement agreement to be asked to waive your rights to trial by jury if a dispute arises?
Bruce Alexander Minnick
Bruce Alexander Minnick answered on Aug 2, 2021

Yes, in fact settlement agreements can demand you to do or not do anything--legal.

The only question here is do you want to go through with the settlement or not?

2 Answers | Asked in Civil Litigation, Contracts, Consumer Law and Criminal Law for Florida on
Q: I was deceived in a business transaction and signed two titles to vehicles I owned for someone to sell on consignment.

I sent two trailers out of state to a trailer dealer who is going to sell them on consignment and sent the signed titles. He had promised he was going to pay me and has not. I don’t know if he sold them but he was supposed to pay me nonetheless for the trailers at delivery and he did not. There... Read more »

Henry George Ferro
Henry George Ferro answered on Jul 30, 2021

This does not appear to be a criminal case…it is a civil law issue in contracts…you should immediately communicate you desire not to sell these trailers to the consigned.

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2 Answers | Asked in Civil Litigation, Contracts and Small Claims for Florida on
Q: Our daughter in law borrowed our car and totaled it. There was no collision coverage. The tow company is coming after us

To pay the bills for towing and storage. They have threatened a lien on our drivers license. Are we legally obligated to pay?

Linda Liang
Linda Liang answered on Jul 30, 2021

A car owner is strictly vicariously liable if the driver's negligence causes your damages in a Florida crash. This law is called the dangerous instrumentality doctrine. You could also be held liable for negligent entrusting your vehicle, if your daughter is in no good condition to drive a car... Read more »

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