Get free answers to your Civil Litigation legal questions from lawyers in your area.
The car is next door at his neighbors house
answered on Dec 12, 2024
I assume you mean that you not only wish to change the vehicle lock, but you also wish to take exclusive possession of the vehicle. Whether you can lawfully do that depends on the facts surrounding the vehicle not currently being in your possession, and you did not provide any of those facts here.... View More 
Privacy If Possible as an individual right is not mentioned in the other amendments. All aspects of privacy should be mentioned as a way to allow an individual person to choose who or what to associate with. The first amendment addresses consent to join a group or organization. I am wondering if... View More
answered on Dec 10, 2024
Are you asking just an academic question, or you have a real-life situation that you need assistance with? If it's the latter, you'd need to provide some factual context to obtain any meaningful information. As a purely academic matter, it is the First Amendment that provides freedom of... View More
How am I able to collect on this judgement? They never showed up to court and the judgment is completely unpaid, info sheet never returned. Im in South Florida Broward County.
answered on Dec 10, 2024
Any time a defendant does not submit something that's required, the first step is to reach out to the defendant to determine if he/she will comply, and if so, by when. If no cooperation, the next step is to file an appropriate motion with the Court to request issuance of an Order addressing... View More
I took an individual to a concert and paid for a ticket for them, offering to pay for this ticket. This person verbally agreed to pay me back, and was unaware of the ticket price when being bought. A week later we ended things between us and I demanded the payment back, to which over text message... View More
answered on Nov 19, 2024
You'd have a valid claim if "offering to pay for this ticket" means that from the git-go, it was an agreement for you to obtain the ticket on the condition he/she pay you back for it. If "offering to pay for this ticket" means making a gift of the ticket, you would not... View More
I need to file a motion for a new trial based on the based on the fact that the plaintiff attorney went off the rails and closing arguments and called me a con man
answered on Nov 8, 2024
The Court is unlikely to have a template form for that - but to be certain, ask the Clerk's Office and/or search for all online forms provided by the Clerk of Courts for the 19th Judicial Circuit of Florida. I'd be surprised if they have a motion for new trial form. Your best bet is to... View More
Daughter works for an abuse shelter. Her car was backed into and damaged while parked in company parking lot as she was working on the clock. An abuse shelter resident reported hitting the car. Shelter resident says they just recently got driver license back, but has no auto insurance. Suggested... View More
answered on Nov 4, 2024
In that scenario, the company running the shelter would not be liable for the vehicle damage unless it was somehow foreseeable to the company staff that allowing the resident to drive in the parking lot would create a risk of damage - for example, if the resident had a bad traffic record that... View More
I moved in here December 2023 was offered weekly rates and told we could discuss monthly rates at a later date. After living here almost a year there have been a list of issues and safety concerns brought to the attention of hotel owner/manager and staff, minimal action was taken to address this... View More
answered on Oct 21, 2024
Yes, you can be evicted. However, it must be for a legal reason such as nonpayment of rent, failure to cure a maintenance issue, etc. Based on the information you have provided it, it is possible the landlord has failed to comply with the notice requirements for an increase in rent and/ or has... View More
I filed eviction of tenant, as trustee of the family living trust. I was told I could do the simple eviction as a trustee of the family living trust, but I am not allowed, as pro se, to file for an additional complaint demanding unpaid back rent and damages. It said I need a lawyer to do the... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Oct 18, 2024
Apparently you have already filed for possession and went to Court. The Judge is not going to let you sue for monies. Right or wrong, you are already in the middle of it. Get a Judgment for Possession at the next Court date, and get that occupant out of the Trust's property. I doubt... View More
Due to the hurricane The landlord is saying it doesn’t cover anything
answered on Oct 14, 2024
Regardless of insurance coverage or lack thereof, the landlord is responsible for storm damage to the premises itself (but not the contents) - unless your lease states otherwise. For damage to contents, the insurance policy should state clearly in black and white what's covered and... View More
I plan to visit the dealership again to secretly record conversations regarding the $3,000 down payment, terms of financing, and other details for my case.
As Florida is a two-party consent state, I am concerned about whether it is legal to record these conversations inside the... View More
answered on Oct 8, 2024
You first posed a question about the affect of not affording therapy on an emotional distress claim, and you then stated a concern about recording a conversation, which I take to mean a question asking if you can record in the setting you described without asking permission. You did not connect... View More
I had to leave because the guy who held me at knifepoint was the favorite employee and kept his job. I did file a complaint to HR which they finally fired him after I left, however in between that time I was continually scheduled with my attacker and forced to work with him. For about a week I was... View More
answered on Sep 9, 2024
Though you resigned, it might be considered to be a "constructive discharge" due to you having no choice but to leave. If you are eligible for reemployment assistance (unemployment comp) based on how long you worked there, see if you can apply for such assistance based on constructive... View More
I was pulled over for no seat belt. I was asked to step out of the car. As I did so I threw my cigarette on the ground to be polite. I was arrested for littering. Is this legal.
answered on Sep 3, 2024
I find it hard to believe that an arrest would be warranted for throwing a single cigarette to the ground. I would recommend taking a look at the arrest paperwork to see what statute or ordinance was alleged to have been violated. That is a good place to start. Look up that law and read it. Then... View More
I am the Plaintiff in a slip and fall lawsuit against a grocery store. I had to end up defending myself pro se. On 6/18/24 I was granted the motion to receive a copy of the surveillance footage of the incident before deposition. The defendant sent 9 files that were difficult to access, so I was... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Sep 2, 2024
In Florida, to oppose the Motion for Summary Judgment, you should file a written response detailing the new evidence you discovered from the surveillance footage. Explain that the video now shows how the spill occurred and how long it was on the floor, which creates a genuine issue of material... View More
I am the Plaintiff in a slip and fall lawsuit against a grocery store. I had to end up defending myself pro se. On 6/18/24 I was granted the motion to receive a copy of the surveillance footage of the incident before deposition. The defendant sent 9 files that were difficult to access, so I was... View More
answered on Sep 2, 2024
You need to file an opposition to the motion for summary judgment. It should be supported by an affidavit (written statement under oath and signed by you and the notary before whom you swore under oath) setting forth the genuine issues of material fact which you believe would be issues to prevent... View More
answered on Aug 30, 2024
A restraining order will be governed by the wording of the order. Usually that relates to some restraint on the Respondent or the person who the order was "sought against." As the previous attorney noted. if you are unsure what the order means you should consult an attorney.
You... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Aug 30, 2024
This can be a dangerous situation for the individual that is governed by the restraining order. Generally, a typical order will likely state the individual is to make no contact and, if contacted, the individual is not to respond. If there is a basis for a reciprocal injunction, that may be sought.... View More
I was threatened by another company's VP for "willfully and wrongfully withholding payment" and he stated that " it will fall on me and word is going to spread in the industry" if I do not pay an invoice that is 5 years old. I started working at the my company 5 months ago... View More
answered on Sep 14, 2024
I would add that most debts in the State of Florida related to contracts have a 5-year statute of limitations attached to them, it would appear based on what you have reported and if correct, that the ability to collect this debt may have expired (thus the threats), you should review the statute of... View More
I was threatened by another company's VP for "willfully and wrongfully withholding payment" and he stated that " it will fall on me and word is going to spread in the industry" if I do not pay an invoice that is 5 years old. I started working at the my company 5 months ago... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Aug 22, 2024
The situation you describe involves potential legal claims related to defamation and coercion. Here’s how you might approach this:
(i) Slander and Defamation: Slander refers to a false spoken statement that damages a person's reputation. If the VP's statement that you are... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jul 26, 2024
To request a dismissal with prejudice from the FL case 1:23-cv-21976 Zuru lawsuit, you need to file a motion with the court. Begin by drafting a motion to dismiss, clearly stating your reasons for seeking dismissal with prejudice. Make sure to reference any relevant legal grounds and case law that... View More
answered on Jul 25, 2024
Based on your query about requesting dismissal with prejudice from a Florida case, here are the key steps and considerations:
Understand "Dismissal with Prejudice":
This means the case is dismissed permanently and cannot be refiled.
It's a final judgment on... View More
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
