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Florida Civil Litigation Questions & Answers
1 Answer | Asked in Civil Litigation, Civil Rights and Family Law for Florida on
Q: How do I file an invasion of privacy motion in a civil family law case?

My sons father held my phone hostage while I was in the Emergency Room and went through my phone, without my consent through years of texts, social media and personal data. Sent himself the private communication, then contacted family relatives with false accusations and shared these images... View More

James L. Arrasmith
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answered on Dec 23, 2023

In Florida, the situation you're describing concerning the invasion of privacy by your son's father is serious. To address this within the legal system, there are a couple of steps you can take.

Firstly, you can consider filing a motion in your existing family law case,...
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2 Answers | Asked in Civil Litigation for Florida on
Q: Do I HAVE to provide my SSN on form1.977 or is there a way around it? Defendant is my stalker.

Do I HAVE to provide my SSN on form1.977 or is there a way around it? Defendant is my stalker and obsessed with causing problems for me, he can not be trusted with my SSN.

Barry W. Kaufman
Barry W. Kaufman
answered on Dec 23, 2023

Technically yes, but if you don't, the other party has to bring that issue to the Court on a motion to compel, and the Court would likely have a hearing on the motion. You could then explain the situation and hopefully the court would side with you.

Sounds you sued the defendant, the...
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2 Answers | Asked in Civil Litigation, Criminal Law, Personal Injury and Civil Rights for Florida on
Q: My father was arrested in 2020. An officer came to his house to serve a subpoena for an upcoming hearing for myself.

The officer opened a closed gate and enter into my father's property. My father was inside his home in the kitchen which is approximately 12 feet from the front door. The HVAC air handler is located in the kitchen and my father was working on cleaning the unit at the time. The officer claims... View More

Charles M.  Baron
Charles M. Baron
answered on Dec 21, 2023

For your father to determine if he has potential valid claims for false arrest/false imprisonment and/or malicious prosecution, he must schedule a consultation with a civil rights attorney in his area. There is no way to get a reliable answer to this question in any online forum. For a lawyer to... View More

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1 Answer | Asked in Civil Litigation for Florida on
Q: Backhoe left on my Georgia property for three and a half years and i had it removed and taken to Florida

it was taken there july 2020 for some work, then the supposed owner died and it got left there. i got frustrated because it didnt run and blocked my barn and the ownership was questionable, so i had a mechanic from florida go get it running enough to load it and take to his property in florida.... View More

James L. Arrasmith
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answered on Dec 19, 2023

In your situation with the backhoe left on your property in Georgia, several legal considerations come into play. First, it's important to understand that the laws governing abandoned property vary by state. In Georgia, there are specific procedures for dealing with property that someone... View More

2 Answers | Asked in Civil Litigation and Landlord - Tenant for Florida on
Q: My boyfriend just moved out. He left things that he says he wants to come back for. He is not on the lease.

I paid for nearly all the items he wants to take. Additionally he says he is going to come back with the police and force me to let him take them or have me arrested. Do I have to allow him to take what I paid for or what was purchased for the home? Can I file anything with the court to refuse his... View More

Charles Chukwuma Nkwoka
Charles Chukwuma Nkwoka
answered on Dec 8, 2023

In Florida, property rights and disputes between unmarried cohabitants are generally governed by principles of contract law and property ownership. Since your boyfriend is not on the lease, and if you have proof of purchase for the items he wants to take, you may have a stronger legal claim to... View More

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2 Answers | Asked in Civil Litigation and Landlord - Tenant for Florida on
Q: My boyfriend just moved out. He left things that he says he wants to come back for. He is not on the lease.

I paid for nearly all the items he wants to take. Additionally he says he is going to come back with the police and force me to let him take them or have me arrested. Do I have to allow him to take what I paid for or what was purchased for the home? Can I file anything with the court to refuse his... View More

Charles M.  Baron
Charles M. Baron
answered on Dec 9, 2023

I fully agree with Mr. Nkwoka's answer, with one caveat. If your intent, when or after paying for an item, was to convey the item to your ex as a gift, then you cannot rescind the gift. The item would legally be his, notwithstanding that you paid for it. But if he left without taking any... View More

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1 Answer | Asked in Civil Litigation and Construction Law for Florida on
Q: We anticipate this going to court. Please let us know what the best course of action would be.

We hired this particular contractor because we wanted the color of an LVP plank that we chose to be matched through stain on unfinished solid hardwood flooring, and he was confident that he could do that for us. He advised us to buy red oak wood and assured us that he would be able to match the... View More

James L. Arrasmith
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answered on Dec 5, 2023

In your case, where the contractor did not fulfill the agreed-upon terms regarding the flooring installation and staining, you have a few options to consider. First, document everything related to the contract: your initial agreement, any communications about the color matching, and the issues with... View More

2 Answers | Asked in Criminal Law, Civil Litigation and Internet Law for Florida on
Q: I’m being harassed online anonymously. They’re not threatening messages, just nasty things about my boyfriend. Can I sue

I have not told them to stop, nor have I blocked them or reported it to instagram yet

Stephen Arnold Black
Stephen Arnold Black
answered on Dec 3, 2023

Under Florida Statute § 784.048 Cyberstalking Statute, the legal definition of the word "cyberstalking" means to communicating with, or causing images, words, or language to be delivered to, a certain person via electronic communication or email, without a legitimate purpose, and that... View More

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1 Answer | Asked in Criminal Law, Civil Litigation and Communications Law for Florida on
Q: Can I record a phone convo with customer service if I receive a notice that "This call will be monitored and recorded?"

I live in Florida. Can I record the phone conversation with multiple customer service representative (within the same single call) of a large bank, if prior to speaking with customer service I receive a notice that "This call will be monitored and recorded"?

Charles M.  Baron
Charles M. Baron
answered on Dec 2, 2023

Re-posting answer to fix typo -

Yes, because the other party to the call is asking your consent to have it be a recorded call (by making recording a condition of being able to speak to that party). But if you plan to use the recording for anything other than your own private listening, you...
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2 Answers | Asked in Civil Litigation and Small Claims for Florida on
Q: Is a Motion for Summary Judgement allowed in Florida small claims court? If so, is an answer required?
Charles M.  Baron
Charles M. Baron
answered on Dec 2, 2023

Though you can file any motion you feel like filing, a small claims court judge is not supposed to use the summary judgment motion procedures that are set forth in the Fla. Rules of Civil Procedure unless those rules have been invoked by court order. The reason small claims court exists is to have... View More

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1 Answer | Asked in Domestic Violence, Personal Injury, Civil Litigation and Criminal Law for Florida on
Q: I was a victim of domestic abuse several times. What is the clause I can sue exwife for it?

I was an international student (19 years old), who married a Puerto Rican woman (24) right after associates degree. I was starting university as a junior when I got married.

My family was happy that I found someone for myself. they all flew in from Canada, Australia & other parts of... View More

Charles M.  Baron
Charles M. Baron
answered on Nov 25, 2023

Sorry to hear about your ordeal. Your inquiry is vague as to when the abuses occurred. You mention, without relating any facts about timing, the phrase "tolling statute of limitations", which is the stopping of the clock for the time counting towards the limitations period, under... View More

2 Answers | Asked in Civil Litigation for Florida on
Q: What are the laws for my things being removed from the home after being evicted?
Charles M.  Baron
Charles M. Baron
answered on Nov 21, 2023

When a tenant receives a court order of eviction, that's an eviction of the tenant him/herself and all of his/her stuff. If the tenant vacates and leaves personal property items on the premises, and does not reach an agreement with the landlord for picking up the items later, the items are... View More

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1 Answer | Asked in Civil Litigation and Family Law for Florida on
Q: Are there Fl laws on can the grandparents of a paternity case dictate the outcome of the case if they pay for attorney?
Barry W. Kaufman
Barry W. Kaufman
answered on Nov 18, 2023

The third party person who pays for the litigant's attorney has no say in how the case progresses, because the payor is not the client. Neither clients nor payors dictate anything; the case progresses according to the law as applied to the facts of the case. If you think that you are going to... View More

1 Answer | Asked in Criminal Law, Civil Litigation and Personal Injury for Florida on
Q: Hello, I just found out that I was kidnapped 13 years ago in Florida.

Aggravated kidnapping is what was done to me and my brother on the property of a night club. If the accuser is found guilty, can I file a lawsuit against the club owner?

Terrence H Thorgaard
Terrence H Thorgaard
answered on Nov 17, 2023

You would have to show that the statute of limitations doesn't apply. What do you mean by indicating that you just found out about the kidnapping? Perhaps you might have a case, of you can prove that the owner was negligent, and that the negligence caused injury to you.

Your case...
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2 Answers | Asked in Contracts, Criminal Law and Civil Litigation for Florida on
Q: Dealer won’t give me refund of my down payment even though I never took possession of the car

Hello, I went to a dealership and made a deal on the car they said I could pick it up the next day that next day turned to a week, the car still wasn’t ready. So I decided I didn’t want the car anymore and now they’re refusing to give me back the money I put down is there anything I can do?

Jacqueline Alicia Salcines
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answered on Dec 5, 2024

Hire a lawyer to assist you and get your money back.

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2 Answers | Asked in Civil Litigation for Florida on
Q: Could I argue lack of subject matter jurisdiction to get a case from a debt collection agency dismissed?

In the claim, they listed Count 1 $6935, Count 2 and 3 $7586 for a total of $14,521. Both Count 2 and 3 (unjust enrichment claim) list that amount, so the total of the claim is really $22,107. The increased total means the case was opened in the wrong court. Florida, case opened in civil, when it... View More

Barry W. Kaufman
Barry W. Kaufman
answered on Nov 27, 2024

Thr unjust enrichment claim is separate and distinct from any other claims. You don't add them. Even if they made an error, the case was properly brought in county court. The limit in county court is $50,000. Subject matter jurisdiction is not in play.

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1 Answer | Asked in Personal Injury, Consumer Law, Contracts and Civil Litigation for Florida on
Q: Is it illegal to record your conversations with a car dealership in person without notifying them? In a 2 party state.

If I ask them to read the contract I signed for me. Can I secretly record that without telling them. If it’s not possible. Should I just go and inform them I’m recording. Even though they might get suspicious and lies.

Robert Edward Heyman
Robert Edward Heyman
answered on Oct 29, 2024

Under Florida Law, recording someone without their knowledge or consent is a 3rd Degree Felony. Don't Do It.

1 Answer | Asked in Personal Injury, Civil Litigation and Libel & Slander for Florida on
Q: In a Florida defamation case, would a defamatory email sent to a fake boss be admissible to argue against good faith?

If a party accused of defamation sent a defamatory email to who they believed was the victim's boss, but this email was sent based on information from a website that the victim put up to see if their defamer would contact their bosses if they stopped being private about who they work for,... View More

Linda Liang
Linda Liang
answered on Oct 28, 2024

This could be a good argument because the "boss" may not count as a third person. Do you have an attorney? The defamation case is super complicated. You may have other defenses based on the fact, such as it is your opinion, you are telling the truth, or you have the privilege to talk... View More

1 Answer | Asked in Civil Rights, Constitutional Law, Civil Litigation and Insurance Bad Faith for Florida on
Q: Is police bias and intimidation reason to sue.

The incident involved 3 separate depts. I was the victim but the other person called since I had no phone.

He stood in front of my car trapping me in a cult de sac. Stating he was about to get a pay check. Then he declared I ran over his foot. He intentionally placed his foot under the... View More

James L. Arrasmith
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answered on Oct 24, 2024

You may have grounds to sue if you believe you were treated unfairly by law enforcement, especially if there's evidence of bias, intimidation, or misconduct. If the police failed to investigate properly, ignored important details like the body cam footage, or treated you with bias due to their... View More

1 Answer | Asked in Business Law, Civil Litigation, Personal Injury and Civil Rights for Florida on
Q: Business roped off the entire sidewalk and parking places on street while waiting to work on roof.

Pedestrians now must walk in road in traffic path, as even the curb areas are roped off. This is downtown. I called to see how long they anticipate the sidewalk being inaccessible and they told me however long it takes them and to just walk around it (in street with 30 mph speed limit and stuff... View More

James L. Arrasmith
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answered on Oct 21, 2024

It's frustrating when sidewalk access is blocked without clear timelines. Typically, businesses need permits from the city to restrict public pathways, and these permits usually have time limits. If the work hasn't started or is taking excessively long, it might violate local regulations.... View More

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