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Florida Civil Litigation Questions & Answers
4 Answers | Asked in Civil Litigation and Real Estate Law for Florida on
Q: Civil litigation on a real estate lis pendon case

I am writing to seek your expert legal opinion and guidance regarding a complex situation I am currently facing. Here is a summary of the circumstances:

- Two years ago, I purchased a home and followed all the necessary procedures, including hiring a title company.

- It has come to... View More

Jane Kim
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answered on Apr 30, 2024

There is no way anyone can sift through this on this platform and provide legal guidance.

Please note that a lawyer at the title company is not your lawyer, so that s/he does not represent you and does not have your best interest in mind. Certainly, you must retain your own lawyer to...
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4 Answers | Asked in Civil Litigation and Real Estate Law for Florida on
Q: Civil litigation on a real estate lis pendon case

I am writing to seek your expert legal opinion and guidance regarding a complex situation I am currently facing. Here is a summary of the circumstances:

- Two years ago, I purchased a home and followed all the necessary procedures, including hiring a title company.

- It has come to... View More

Anthony M. Avery
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answered on Apr 30, 2024

Title Insurance procedures, requirements, etc. are not title law. I doubt that the absence of a uninterested spouse signing the Deed over to you is of any legal significance to your title. Hire an attorney, not a title company, to search that title.

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2 Answers | Asked in Appeals / Appellate Law, Business Law, Civil Litigation and Bankruptcy for Florida on
Q: Is it possible to overturn a civil judgement thats been given final approval? can u sue a person and a business?

owner and business names in civil judgement- never received court documents until case decisioned. judgement given against owner and company together. Need help. does business chapter 11 bankruptcy negate this? can you sue both? is there any instance the owner or S corporation become judgement... View More

Martha Warriner Jarrett
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answered on Apr 29, 2024

A bankruptcy filing does not negate a state court judgment although, if you do not have any non-exempt assets, it may discharge the debt. If you were never served with the lawsuit, you might be in a position to challenge the judgment in that court that issued the judgment. You should consult a... View More

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2 Answers | Asked in Appeals / Appellate Law, Business Law, Civil Litigation and Bankruptcy for Florida on
Q: Is it possible to overturn a civil judgement thats been given final approval? can u sue a person and a business?

owner and business names in civil judgement- never received court documents until case decisioned. judgement given against owner and company together. Need help. does business chapter 11 bankruptcy negate this? can you sue both? is there any instance the owner or S corporation become judgement... View More

James L. Arrasmith
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answered on May 1, 2024

It's possible to challenge a civil judgment after it has been finalized, particularly if you never received the court documents. You might consider filing a motion to vacate the judgment if there were issues like improper service of process. It's important to act quickly, as courts often... View More

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1 Answer | Asked in Civil Litigation for Florida on
Q: Can lawyer charge fees for response to bar complaint?

I have an attorney in Florida. My case is settled but they still have my retainer money. I filed a bar complaint against them. Can they charge me fees for responding to the complaint I made against them?

James L. Arrasmith
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answered on Apr 6, 2024

In most jurisdictions, including Florida, attorneys are generally not permitted to charge clients for the time spent responding to bar complaints filed against them. The rationale behind this is that responding to a bar complaint is considered part of an attorney's professional responsibility... View More

1 Answer | Asked in Civil Litigation for Florida on
Q: Can i claim an exemption and/or request a hearing after final default judgement in hillsborough county , florida
Barry W. Kaufman
Barry W. Kaufman
answered on Apr 3, 2024

No. A claim of exemption is part of the garnishment process. If you are not garnished, a claim of exemption is moot and will be not seen by the Court. There are ways to ask the Court to vacate the judgment or seek other relief, but I recommend that you retain an attorney to do so.

2 Answers | Asked in Criminal Law, Civil Litigation, Civil Rights and Constitutional Law for Florida on
Q: Am I allowed to use Official Police body cam on social media if I'm reporting misconduct of the police in Florida?

I'm wanting to put together a body cam video of clips from several different police body cam videos in Florida from numerous police encounters with an individual and put it on social media since they are continually harassing this individual. Am I legally able to do so if I have all these... View More

Charles M.  Baron
Charles M. Baron
answered on Apr 1, 2024

The answer depends on whether the footage is officially public record at this time, as well as on what you mean by "reporting misconduct". Generally, any official public records may be shared on social media. However, if you were to edit/compile the footage in a way that is not exactly... View More

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2 Answers | Asked in Criminal Law, Civil Litigation, Civil Rights and Constitutional Law for Florida on
Q: Am I allowed to use Official Police body cam on social media if I'm reporting misconduct of the police in Florida?

I'm wanting to put together a body cam video of clips from several different police body cam videos in Florida from numerous police encounters with an individual and put it on social media since they are continually harassing this individual. Am I legally able to do so if I have all these... View More

James L. Arrasmith
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answered on Apr 1, 2024

In Florida, body camera footage is considered a public record and is generally accessible to the public, with some exceptions. However, there are certain considerations and potential limitations you should be aware of before using this footage on social media:

1. Obtaining the footage: You...
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1 Answer | Asked in Civil Litigation and Civil Rights for Florida on
Q: Should I sue my ex bf for removing mine & my daughter personal belongings from our home & damaged in a storage unit?
James L. Arrasmith
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answered on Mar 28, 2024

Deciding to take legal action against an ex-partner for removing and damaging personal belongings is a significant decision that depends on many factors. First, consider the extent of the damage and the value of the items lost. It's crucial to weigh the emotional and financial cost of... View More

1 Answer | Asked in Criminal Law, Civil Litigation, Civil Rights and Constitutional Law for Florida on
Q: Is the investigator in a criminal case obligated to question a witness before a trial or plea takes place?

There is an investigator working on my criminal case, but, I haven't much faith in her. If a new witness is discovered shortly before a trial ( ie. a month) does she HAVE to attempt to locate him? Isn't that part of my due process rights? He was my neighbor at the time and was video... View More

James L. Arrasmith
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answered on Mar 25, 2024

In a criminal case, the obligations of an investigator can vary based on the laws of the jurisdiction and the specifics of the case. Generally, investigators should pursue all credible leads and examine relevant evidence, which can include questioning new witnesses who might provide critical... View More

2 Answers | Asked in Civil Litigation for Florida on
Q: My in-laws paid cash for my vehicle we agreed that I would make monthly payments to them each month till it was paid off

It was a verbal agreement I have receipts showing I paid them an the insurance states that my father in law an I were the owners but they got mad an took it what can I do about this matter

Charles M.  Baron
Charles M. Baron
answered on Mar 25, 2024

You have grounds to take legal action, and you may want to first have an attorney send a demand letter to see if the matter can be resolved without litigation. You may have grounds to seek a court judgment requiring transfer of title to you, and if not that, at least grounds for monetary... View More

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2 Answers | Asked in Consumer Law and Civil Litigation for Florida on
Q: Navient student loan server/ lender consolidated all my loans including one from 1987.. then in 2022 all loans were

Discharged except for the one from 1987 they took it out of consolidation and I believe I was in deferment when they did this in 6/2016.. and sent old loan to trellis student loan collector..Without ! My notice .. trellis then garnished my wages without notifying.me I received no paperwork about... View More

Angelo "Tony" Marino Jr.
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answered on Mar 25, 2024

As previously stated, to garnish your bank accounts, a judgment had to be entered against you. Go to the website of the clerk of court of the county where you reside and type in your name. You should see a case with your name. Go to see if there is a return of service and see who was served with... View More

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3 Answers | Asked in Criminal Law, Civil Litigation, Civil Rights and Constitutional Law for Florida on
Q: Can a Motion to Suppress be filed due to mistake of law / an unlawful stop?

I was stopped because I did not use my turn signal at a 3 way stop sign, I was on a deserted road, at Midnight. Since no other cars were in site (affected) I know this was an unlawful stop.

When he activated his lights we were on a pitch black, 2 lane road with no shoulder and severe... View More

Barry W. Kaufman
Barry W. Kaufman
answered on Mar 21, 2024

Please cite the statute that allows you to NOT use your turn signal at a 3 way stop on a deserted road at midnight with no cars in sight. If you can't cite that statute, I'd advise you to not file a motion to suppress. But you do what you think is best for you.

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2 Answers | Asked in Real Estate Law, Civil Litigation and Probate for Florida on
Q: My sister sold my father’s property without giving me my share of the sale which is half according to his will.

My sister sold my father’s property for $24,500 without informing me. According to my father’s will (of which my sister has a copy) I’m supposed to get half of the sale. Dad’s attorney P.B. Howell Jr. passed away in 2006. Dad passed away in 2017. Since my father’s passing, I have been... View More

Stephen Arnold Black
Stephen Arnold Black
answered on Mar 27, 2024

Title to property will not pass under a will that deeds it to multiple beneficiaries unless they all sign. The exception is if title to the property at decedent’s death was jointly held with your dad and sister jointly or was held by sister alone. Hire a title insurance company to search the... View More

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2 Answers | Asked in Real Estate Law, Civil Litigation and Probate for Florida on
Q: My sister sold my father’s property without giving me my share of the sale which is half according to his will.

My sister sold my father’s property for $24,500 without informing me. According to my father’s will (of which my sister has a copy) I’m supposed to get half of the sale. Dad’s attorney P.B. Howell Jr. passed away in 2006. Dad passed away in 2017. Since my father’s passing, I have been... View More

Charles M.  Baron
Charles M. Baron
answered on Mar 19, 2024

Your inquiry has a very mysterious set of facts. If a Will gives real property (house, condo, land, etc.) to two individuals to share 50/50, the Will must be probated - that is, a petition to open an estate in the Probate Court must be filed, resulting in a Court Order giving 50/50 ownership,... View More

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1 Answer | Asked in Personal Injury, Animal / Dog Law and Civil Litigation for Florida on
Q: I do not speak fluent English & require an interpreter. What do I do if opposing attorney wants conference call?

I cannot have a conversation as defendant with plaintiff opposing council as I do not understand English in full or legal terminology spoken in English at all. The opposing attorney is aware of this and I cannot afford attorney and cannot fine any lawyer to help me who is bilingual based on small... View More

Barry W. Kaufman
Barry W. Kaufman
answered on Mar 19, 2024

You can file anything you like, but the conversation with the attorney is not part of a court proceeding, and the Court is not going to order an interpreter. You can ask the Court for an interpreter for a Court hearing. Otherwise, this is your issue that you need to solve. It's not opposing... View More

2 Answers | Asked in Animal / Dog Law, Personal Injury and Civil Litigation for Florida on
Q: Is it a valid Premise Liability case in Florida if a alleged dog claim attack did not occur on the rented premises?

Pending lawsuit claiming knowledge of propensities, allowing dog to roam at large and knowledge of foreseeable risks. There was no dog attack and no injury to 3rd party alleged in ident off premises. There was no injury and claims full of lies and no evidence. Landlord already dismissed from this... View More

Charles M.  Baron
Charles M. Baron
answered on Mar 19, 2024

You state that this is a "lawsuit claiming knowledge of propensities, allowing dog to roam at large and knowledge of foreseeable risks." If there happens to be evidence to support that claim (including the alleged injury), it may be a valid claim regardless of whether a co-defendant is... View More

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4 Answers | Asked in Personal Injury, Animal / Dog Law and Civil Litigation for Florida on
Q: civil case, filed answer & affirmative defenses. Plaintiff lawyer says I must speak to him before it’s heard is that tru

I have limited English speaking ability. Plaintiffs lawyer knows this and emailed me saying I must have a phone call with him to discuss my affirmative defense outside of court proceedings before the judge will hear my affirmative defenses. I do not see anything online where this is appropriate or... View More

Charles M.  Baron
Charles M. Baron
answered on Mar 19, 2024

Sorry, had a typo in my posted answer. Correction to my second sentence: "...for other particular issues, the Court will REQUIRE the parties to confer with each other - such as mutually drafting ...."

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4 Answers | Asked in Personal Injury, Animal / Dog Law and Civil Litigation for Florida on
Q: civil case, filed answer & affirmative defenses. Plaintiff lawyer says I must speak to him before it’s heard is that tru

I have limited English speaking ability. Plaintiffs lawyer knows this and emailed me saying I must have a phone call with him to discuss my affirmative defense outside of court proceedings before the judge will hear my affirmative defenses. I do not see anything online where this is appropriate or... View More

Stephen Arnold Black
Stephen Arnold Black
answered on Mar 19, 2024

It’s difficult to determine exactly what is happening in your litigation. However, if the opposing party is bringing any pre trial motion to be heard by the judge, Florida requires that the parties meet and confer before the motion is heard by the judge. This is commonly referred to as the... View More

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4 Answers | Asked in Personal Injury, Animal / Dog Law and Civil Litigation for Florida on
Q: civil case, filed answer & affirmative defenses. Plaintiff lawyer says I must speak to him before it’s heard is that tru

I have limited English speaking ability. Plaintiffs lawyer knows this and emailed me saying I must have a phone call with him to discuss my affirmative defense outside of court proceedings before the judge will hear my affirmative defenses. I do not see anything online where this is appropriate or... View More

Charles M.  Baron
Charles M. Baron
answered on Mar 19, 2024

I agree with Mr. Kaufman except would add but that for issues in which the Court requires an effort to confer in good faith before attending a hearing, if the opposing attorney were to tell the Judge that he requested to confer with you, and you refused to speak to him, the Judge will probably not... View More

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