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Florida Civil Litigation Questions & Answers
1 Answer | Asked in Civil Litigation, Constitutional Law and Legal Malpractice for Florida on
Q: If my PD made a negligent error on my sentencing sheet that costed me 6 months past my max date in PA DOC do I have case

The Senior Public Defender of Lehigh County PA made a negligent error on my sentencing sheet that costed me 6 months past my max date in PA DOC. My charges were supposed to be concurrent not consecutive. Was supposed to be out 08/27/18 not 01 09 19. I have a letter from my PD stating that she made... View More

James L. Arrasmith
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answered on Jul 20, 2024

You may have grounds for a legal malpractice claim against your Public Defender if their error resulted in you serving an additional six months in prison. The key aspect is proving that the mistake was due to negligence and directly caused the additional time served. Having a letter from your... View More

3 Answers | Asked in Appeals / Appellate Law and Civil Litigation for Florida on
Q: In my civil case the attorney didn’t show up in the Plaintiffs behalf and the judge ruled a dismissal without prejudice

I have received court papers stating that. Can I stop making good faith payments?

Terrence H Thorgaard
Terrence H Thorgaard
answered on Jul 20, 2024

You don't HAVE to make payments at all. But since the dismissal was without prejudice, the plaintiff may, if it chooses, re-file the case and get a judgment. If so, it could attempt to collect by garnishment and by other means.

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3 Answers | Asked in Appeals / Appellate Law and Civil Litigation for Florida on
Q: In my civil case the attorney didn’t show up in the Plaintiffs behalf and the judge ruled a dismissal without prejudice

I have received court papers stating that. Can I stop making good faith payments?

Tim Akpinar
Tim Akpinar
answered on Jul 25, 2024

In a dismissal w/o prejudice, the attorney may file the case again, or the plaintiff could retain a new attorney. At worst, it's possible that discontinuing payments might violate your original obligations, or at best, could make you look bad before the court at a subsequent hearing if the... View More

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3 Answers | Asked in Appeals / Appellate Law and Civil Litigation for Florida on
Q: In my civil case the attorney didn’t show up in the Plaintiffs behalf and the judge ruled a dismissal without prejudice

I have received court papers stating that. Can I stop making good faith payments?

James L. Arrasmith
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answered on Jul 27, 2024

If your attorney did not show up, leading to a dismissal without prejudice, it means the case can be refiled in the future. You should consider the possibility that the opposing party might refile the case, which means your obligation might not be completely over.

Stopping good faith...
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1 Answer | Asked in Civil Litigation and Consumer Law for Florida on
Q: Can I sue an auto body shop for unauthorized use of my vehicle?

After I picked up my car at the body shop, I checked the video recording of the installed dashcam and found out that some employees took a joyride during working hours, on my car and were trying to teach another employee how to drive a manual transmission.

Terrence H Thorgaard
Terrence H Thorgaard
answered on Jul 17, 2024

A civil lawsuit normally requires money damages. Unless there is a statute imposing punitive damages, such a suit for using your car would bring you pennies, at least, so it probably wouldn't be worth your time and expense. Also, the body shop might well contend that it was necessary to see... View More

2 Answers | Asked in Insurance Defense, Personal Injury, Civil Litigation and Insurance Bad Faith for Florida on
Q: Could we be held financially liable if our adult son is on our insurance policy?

We have a 19-year old son who has his own insurance on a paid off car that is titled to a trust that solely has the vehicle in the trust (vehicle trust). However, he lost his job is now not able to pay for insurance. We would like to know if we add our son to our insurance policy and the car... View More

Terrence H Thorgaard
Terrence H Thorgaard
answered on Jul 14, 2024

No, it is unlikely that you could be held liable for having him on your insurance. Liability normally results from negligent action on the part of a driver, not co-insured such as you would be.

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1 Answer | Asked in Personal Injury, Civil Litigation, Civil Rights, Small Claims and Health Care Law for Florida on
Q: Is there a law that prohibits a person from entering into a hospital? I received a Cease and desist letter.

I visited an Emergency room as a patient. I was subjected to Blood borne substances, unknown fluids and used bed sheets. When I filed a complaint, an Attorney wrote a letter stating I am not to enter into the hospital until this dispute is investigated. So, in essence am I being denied medical... View More

James L. Arrasmith
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answered on Jun 26, 2024

Based on the information provided, here's an analysis of the situation:

1. Generally, there is no law that broadly prohibits a person from entering a hospital. Hospitals are typically open to the public, especially emergency departments which are required to provide emergency medical...
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1 Answer | Asked in Contracts and Civil Litigation for Florida on
Q: judge wont respond to a motion to reconsider on a civil case. Is the 30 day for appeal clock running.

Civil case for damaged approx $5K Judge awarded $1K Plaintiff motioned for reconsideration and then RE Motioned a second time and the court has not or will not answer the motion. Is the 30 day clock running from the 1st order of judgement for $1k?

Charles M.  Baron
Charles M. Baron
answered on Jun 23, 2024

Your motion is probably not the type of motion that stops the clock for the appeal window, BUT whenever there's a question, "In my court case, is the clock running for me to ____?" or "What is my deadline to ____?", that's an issue that you should NOT rely on online... View More

1 Answer | Asked in Civil Litigation and DUI / DWI for Florida on
Q: I was arrested for DUI. The charges were dropped because video shows the officer did not make a traffic stop. Can I sue?

This is not a case of me driving in traffic and a cop observed my driving pattern and made a DUI traffic stop. I was at a motel when an incident occurred with an ex, two males got involved and I left. Because I did not know where my phone was, I went to a parking lot 10 seconds away to look inside... View More

Charles M.  Baron
Charles M. Baron
answered on Jun 17, 2024

Sorry to hear about your ordeal. Your inquiry is unclear regarding the phrase, "arrested me without me knowing". If you're arrested, you'd know it. You would be handcuffed, placed in a patrol vehicle, and taken to a facility for booking. Not sure if you mean you were instead... View More

2 Answers | Asked in Civil Litigation and Landlord - Tenant for Florida on
Q: I NEED ADVICE I LIVED IN A RESIDENCE W/ HOMEOWNER SINCE 2012 SADLY THE OWNER/ passed in feb I was served unlawful detain

I have lived/ here since 2012 with no lease& was not required to pay rent the homeowner was my mentor and just wanted to help me get on my feet, the homeowner passed February 8 of this year he did not have a will I believe it is still in probate the owners brother has not given written notice... View More

Stephen Arnold Black
Stephen Arnold Black
answered on Jun 17, 2024

You do not have any legal rights to the decedent’s property just because he let you stay there rent free for 12 years. However if he left you something in his will, you would have inheritance rights. Your status as of now would be as a de facto tenant at will. The personal representative of the... View More

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2 Answers | Asked in Civil Litigation and Landlord - Tenant for Florida on
Q: I NEED ADVICE I LIVED IN A RESIDENCE W/ HOMEOWNER SINCE 2012 SADLY THE OWNER/ passed in feb I was served unlawful detain

I have lived/ here since 2012 with no lease& was not required to pay rent the homeowner was my mentor and just wanted to help me get on my feet, the homeowner passed February 8 of this year he did not have a will I believe it is still in probate the owners brother has not given written notice... View More

Barry W. Kaufman
Barry W. Kaufman
answered on Jun 17, 2024

There is no notice required in an unlawful detainer action. As soon as the homeowner passed away, you had no legal right to remain in the house. You've lived rent free for 4-5 months. Pack up your stuff and leave, because you have no apparent legal defenses based on your post.

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1 Answer | Asked in Civil Litigation for Florida on
Q: Selling food illegally under a non profit organization.

A non profit City organization holds events once per month where they charge food vendors for attending the event. The money the non profit receives goes to maintain and preserve the city's historical downtown.

90 percent of the food vendors are not licensed by either of... View More

Charles M.  Baron
Charles M. Baron
answered on Jun 15, 2024

Before getting to your question about liability, how about reporting it to your local health department? I would think those folks would be interested, regardless of licensing issues. And if the health dept. takes action, local media may be interested as well. Turning to the liability question,... View More

1 Answer | Asked in Civil Litigation, Collections and Communications Law for Florida on
Q: I have received text messages from this person I not sure if it’s really or not

As of today you have failed to respond to the settlement offers. Our client has attempted to work with you all multiple times. Be advised today we have sent out certified mail to the department of labor. This included the request to attach your bank account and garnish the wages. This will be in... View More

Charles M.  Baron
Charles M. Baron
answered on Jun 11, 2024

The language used indicates that this is very likely a scam, but you cannot get a reliable answer from an online forum as to whether someone contacting you is "real" or not. Since the person says he/she "just emailed your bank", you can contact your bank to inquire about it.... View More

1 Answer | Asked in Criminal Law, Civil Litigation and Small Claims for Florida on
Q: How can I get a phone back from an ex that I pay for still and owe 700 dollars on still and is under my name

He is an abiser and narcissist he also stole battieries and the bsttiery port oit of my belongind and wont rerun that as well

Charles M.  Baron
Charles M. Baron
answered on Jun 10, 2024

If you're talking about theft, you have the option of calling the police. However, if your ex would give them a story contrary to yours about who owns what, the police would likely say it's a civil matter and leave him alone. To have a good set-up for taking action in the civil court... View More

2 Answers | Asked in Civil Litigation for Florida on
Q: What motion can I file if the defendant is avoiding service in Florida?

I have tried a sheriff and a private process server and both have filed affidavits that state the defendant is avoiding service.

Terrence H Thorgaard
Terrence H Thorgaard
answered on Jun 6, 2024

If the suit is "... arising out of any transaction or operation connected with or incidental to any business or business venture carried on in this state by such [defendant]", you might be able to effect service on the secretary of State pursuant to Florida Statute 48.181 (4).

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2 Answers | Asked in Civil Litigation for Florida on
Q: What motion can I file if the defendant is avoiding service in Florida?

I have tried a sheriff and a private process server and both have filed affidavits that state the defendant is avoiding service.

Charles M.  Baron
Charles M. Baron
answered on Jun 6, 2024

One option is to file a motion for extension of time to serve, to extend the 120-day deadline, attaching to the motion the server's affidavits. You likely would need to set that (or any other motion) for hearing. Your other options depend on what type of case it is and whether the defendant... View More

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2 Answers | Asked in Civil Litigation for Florida on
Q: How can I find out if my lawyer re filed our lawsuit before statute of limitations ran out?
James L. Arrasmith
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answered on Jun 5, 2024

To find out if your lawyer refiled your lawsuit before the statute of limitations expired, start by directly contacting your lawyer. Ask them for specific details about the filing date and request any documentation or confirmation they have regarding the refiled lawsuit. Lawyers are obligated to... View More

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1 Answer | Asked in Civil Litigation and Gov & Administrative Law for Florida on
Q: If I have a car that was left in my driveway and the owner no longer returns calls or texts, how do I claim it?
James L. Arrasmith
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answered on May 29, 2024

If a car has been left in your driveway and the owner is unresponsive, you will need to follow legal procedures to claim it.

Start by contacting your local police department to report the abandoned vehicle. They will typically run a check to ensure it is not stolen and may try to contact...
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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

Jane Kim
Jane Kim pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
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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