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Florida Civil Litigation Questions & Answers
2 Answers | Asked in Banking, Civil Litigation, Consumer Law and Gov & Administrative Law for Florida on
Q: what are my options once contract signed for car loan process, same day dealer drop price and continued advertising new

After singing and in processing used car loan agreement contract, in the same day local tampa bay dealer drop car price continue advertising price drop. Am I entitled to new car price drop, even loan contract signed,send forbank approval?? what are my options. Thanks,

Bruce Alexander Minnick
Bruce Alexander Minnick answered on May 27, 2020

The (amazing) fact that the dealer lowered the price on the same used car that you were purchasing that same day has nothing to do with your transaction. The written contract you signed was complete when signed.

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3 Answers | Asked in Criminal Law, Civil Litigation, Civil Rights and Communications Law for Florida on
Q: My ex wife recorded a private convo between her and I. She took it out of context and sent it to my wife. Can I sue?

My ex wife and I were having a private conversation and she recorded it without my knowledge. She then sent it to me pregnant wife to upset her by making me look bad because it was taken out of context. Do I have a case?

Bruce Alexander Minnick
Bruce Alexander Minnick answered on May 27, 2020

In Florida it is unlawful to record anyone who has not consented to being recorded. Consider filing a criminal complaint against your ex.

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1 Answer | Asked in Real Estate Law and Civil Litigation for Florida on
Q: Am I responsible for storm damage caused by a tree on my property falling in on neighbors boat?

I do not have homeowners insurance nor does my neighbor. He also doesn't have boat insurance. He wants $5000 for his old boat and threatened me with lawsuits. I am retired with limited income.

Bruce Alexander Minnick
Bruce Alexander Minnick answered on May 27, 2020

Yes. If the tree is (or was) on your property than you are responsible for whatever damage it makes when falling into someone else's yard. (This problem is one very good reason you should have homeowners insurance.)

As to the value of the boat you will have to find some other website...
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2 Answers | Asked in Civil Litigation and Traffic Tickets for Florida on
Q: Officer asked for registration and said " hold on i will be right back" and didn't ask again for it, then gave us ticket

Officer was asking for registration and driver took considerable amount of time, the officer said he'd be back, then came back, didn't ask for it again but the driver had found it and when the officer came back he said they had found the info on the computer. Later on, he went back to his... Read more »

Jean Richardson
Jean Richardson answered on May 20, 2020

If your vehicle was registered at the time, ask for a court date. If the officer doesn't show, the ticket will be dismissed. If he shows, you can argue that you had the registration available and explain what you stated above to the magistrate. Bring the vehicle registration with you to the hearing.

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2 Answers | Asked in Arbitration / Mediation Law, Civil Litigation and Contracts for Florida on
Q: Can condo association bar missionary family members from staying in family’s home during the covid-19 pandemic?

Is it legal for condo associations in Broward County, Florida, during the COVID-19 pandemic phase 1 of reopening, to restrict a property owner from allowing their missionary family members to go to stay at their residence, for a short term of a couple weeks, as they are stuck without a home until... Read more »

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

Florida Statute 718.1265 provides in pertinent part:

"Association emergency powers.—

(1) To the extent allowed by law and unless specifically prohibited by the declaration of condominium, the articles, or the bylaws of an association, and consistent with the provisions of...
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2 Answers | Asked in Personal Injury, Car Accidents and Civil Litigation for Florida on
Q: Do I file answer with all of my financials or call Morgan and Morgan and let them know I don’t own the car anymore?

Out of nowhere while visiting with family the other day, I was served with a summons for a vehicle crash my ex wife was involved in. Shocking as I moved several states away a couple months ago and was back in town at extended family’s residence visiting for the weekend and BBQ. We are divorced... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick answered on May 18, 2020

DO NOT CALL MORGAN & MORGAN. There are more than enough scary facts presented here to warrant you looking for and hiring a lawyer right away. It appears that the crash report identifying you as the owner is the main cause for concern; however, people being sued under the theory of vicarious... Read more »

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1 Answer | Asked in Civil Litigation for Florida on
Q: Can I sue?

I bought a 2 yr old dog from Craigslist for $500 who I knew just had puppies recently, come to find out she had to have emergency surgery because she had a dead puppy inside of her as is costing me $950 in vet bills. Is there anything I can do about it? Person I got her from refuses to help.

Charles M.  Baron
Charles M. Baron answered on May 17, 2020

Depends on the terms of the deal you had with the seller, as well as on whether the seller had any inkling that the dog had that medical issue. If it was just a verbal deal AND the seller had no idea that there was a dead pup in the womb (or that the dog was having any symptoms), you are likely to... Read more »

2 Answers | Asked in Civil Litigation for Florida on
Q: Can you sue your parents if you get into an argument & they physically abuse you & verbally kick you out the house?

My brother’s girlfriend is 18 & she got into an argument with her parents & she left her bruises & scratches also kicked her out the house. Can she sue them?

Charles M.  Baron
Charles M. Baron answered on May 17, 2020

You present two different issues, (A) can an 18-year old sue her parents for physical abuse, and (B) can an 18-year old sue her parents for withdrawing their permission to live in their house.

The answer to (A) is yes, if you are battered by anyone, you may sue for money damages, whether...
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1 Answer | Asked in Criminal Law and Civil Litigation for Florida on
Q: In order to file a 961, my case would have to be overturned first, correct?
Henry George Ferro
Henry George Ferro answered on May 15, 2020

Are you certain this is a Florida issue; What are you trying to achieve?

1 Answer | Asked in Civil Litigation, Divorce and Family Law for Florida on
Q: My x wife signed & judge signed if divorce /custody agreement is violated wife must return money. How to enforced

50/50 custody. X wIFe caused Estrangement broke divorce and custody agreement. We AGReed if either violated divorce agreement all alimony be repaid. She also has violated "FRIVILOUS" clause. 7 of 7 motions wife filed were all appealed and over ruled. She has not repaid money I paid... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick answered on May 12, 2020

It sounds like you and your ex are presently involved in divorce litigation; if so, you must file your motions to enforce the agreements in the same court, same case. If the cae is closed you will have to re-open it--and then file your motions.

2 Answers | Asked in Civil Litigation and Landlord - Tenant for Florida on
Q: I’ve been a subtenant for 1.5 years. I was given 24 days notice to move during COVID... paid services being turned off.

Tenant told me my sublease is illegal and landlord doesn’t even know I live here. She gave me a notice to leave by May 30. Then verbally changed it to May 14... she won’t give me this is writing. THEN I heard her on the phone switching services back into the landlords name for the 11th. I’ve... Read more »

Charles M.  Baron
Charles M. Baron answered on May 10, 2020

Get an attorney, of course - not scrounge around for on-line advice. If you can't afford the hundreds and possibly thousands of dollars for representation by a private counsel, contact your local Legal Services or Legal Aid office - one of their main areas of work is landlord-tenant. If you... Read more »

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1 Answer | Asked in Traffic Tickets and Civil Litigation for Florida on
Q: I received a red light camera ticket on 05/04/2020 in Miami however, I have been in North Carolina for a month ?

On top of that the tag on the ticket has been retired for almost 2 weeks. What can I do ?

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

Contact the police department that issued the ticket.

1 Answer | Asked in Civil Litigation for Florida on
Q: How can I get 8 -22 yr old stuff off of public records.

I have a couple evictions that are 8 to 29 years old

Bruce Alexander Minnick
Bruce Alexander Minnick answered on May 3, 2020

If the evictions were enforced through the Florida courts there is very little you can do; all court records are public records unless sealed. You can call the clerk of the court in your county and ask them.

1 Answer | Asked in Contracts, Civil Litigation and Civil Rights for Florida on
Q: Does my mother's cousin have any legal rights to my car or money from me?

My mother gave me a car in feb she passed away in April, her cousin says she got a loan from him of $5000 with car as collateral with signed statement in dec. The car is registered and insured in my name with a clean title.

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

No, you didn't have any notice of a claim anyone such as your mother's cousin had on the car. So the cousin has no right against you. If the cousin had either notified you, perfected her lien by recording the signed statement, or insisted that the cousin be named on the title as... Read more »

2 Answers | Asked in Civil Litigation, Civil Rights, Gov & Administrative Law and Municipal Law for Florida on
Q: A municipality enacted more aggressive measures than the state in regards to their Covid-19 response, can they be sued?

A city and county forced all timeshares closed as part of their Covid-19 response. The state did not close timeshares via their directive. Our particular timeshare has each unit/week deeded and the owners pay their share of the relevant city/county taxes. The city and county have blocked owners... Read more »

Charles M.  Baron
Charles M. Baron answered on May 1, 2020

I agree with Mr. Minnick. You'd have to seek a Court ruling that the municipality's action is not legally valid, and to do that, you would need to challenge the constitutionality of the action. There are various "levels of scrutiny" that the Courts use to determine if the... Read more »

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1 Answer | Asked in Civil Litigation for Florida on
Q: How to write a motion for a stay concerning a mandate from the 4th dca requiring the lower court to follow all procedur

Judge, clerks office, and state attorney made many errors. My first motion was tampered with including times stamped 2 min deviation. 3 pages missing and duplicated. A translatorsentence name inserted but There was never any translater. This 2nd moptio f3 Judges assigned on this case, and no... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Apr 30, 2020

Wow. You need a great deal more legal help than can be given to you here online. Try calling around looking for a lawyer who has nothing to do to help you get out of the enormous mess.

2 Answers | Asked in Civil Litigation and Landlord - Tenant for Florida on
Q: Can I have a sheriff remove an unlawful Detainer without an eviction filed?
Terrence H Thorgaard
Terrence H Thorgaard answered on Apr 26, 2020

Probably not. Ask them.

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1 Answer | Asked in Employment Law, Civil Litigation and Employment Discrimination for Florida on
Q: I work for the county, iam 61, I was diagnosed with Parkinson's HR denied accomodation,

After one year a lawyer drop my case. Lawyer almost did nothing, ,I paid the retainer fee and $35 monthly

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Apr 23, 2020

Since you already have a lawyer we cannot interfere. I strongly suggest you stay with your lawyer, because hiring a different lawyer will send you all the way back to square number one.

4 Answers | Asked in Civil Litigation for Florida on
Q: Florida runaway laws, what about safety and rights of parents especially during a pandemic.

How can CPS and State laws disregard the parents Civil Rights, and force a parent to take in a deliquent teen risking the lives in the home while a pandemic is going on or charge a parent with felony abandonment. I would prefer answers from Non-Florida Attorneys that are able to address the laws of... Read more »

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

When you have a kid, you are legally responsible for his/her health, safety, and welfare until his/her 18th birthday, at which time you are free to say "goodbye and good luck." If you have such a tragic problem that it causes you to wish to abandon your own child, contact a social worker... Read more »

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5 Answers | Asked in Civil Litigation, Employment Law and Personal Injury for Florida on
Q: I slipped and fell at work. Company provide no non slip mats in kitchen. Are they grossly negligent?

They provide no non slip mats for wet floors that they know always get wet, from ice to drinks to spills. They also don’t have good enough drainage as it’s under a fixture blocked by ice bin. It’s a kitchen. Also my back already has been hurt before so because of them not taking proper care... Read more »

Terrence H Thorgaard
Terrence H Thorgaard answered on Apr 17, 2020

Have you filed a workers compensation claim?

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