You may have a claim for damages under a theory of tortious business interference. To establish a claim for tortious interference with a business relationship in Florida, a plaintiff must demonstrate the existence of a business relationship, the defendant's knowledge of that relationship,... View More

You may pursue a claim for construction defects and other causes of action that may apply. However, you must first comply with the pre-suit process under the statute which requires that a notice and opportunity to repair be provided to the contractor. Chapter 558 specifies "the notice of claim... View More

1. Does the contractor’s refusal to proceed at the fixed price constitute a material breach under Florida law? It may, as you mentioned the price is fixed. However, the contract may contain exclusions or exceptions. The terms of the contract would have to be reviewed.

2. What... View More

To be safe, I would recommend having a settlement agreement prepared and signed by the parties. Simply signing over the check leaves the situation open to ambiguity and interpretation. It is highly advisable to have a proper settlement agreement prepared, reviewed, and signed by the parties... View More

It may, Florida Rule of Civil Procedure 1.530 allows for a new trial based on newly discovered evidence if it was discovered after the trial and could not have been discovered before the trial by the exercise of due diligence. However, you need to move quickly. The time limit for filing a motion... View More

Your inquiry is a bit vague because you say that DESPITE the forgery, the court decision was against you, then say you have new evidence, not indicating whether that evidence is connected to proving the forgery, beyond the proof of the forgery you already presented. In any event, your first issue... View More

To add to my prior answer to this inquiry, I just noticed that you put "white collar crime" as one of your inquiry categories, but I had assumed you were talking about a civil case, not criminal - and I see that another lawyer assumed that as well. Everything I stated in my prior answer... View More

You did have a contract - a verbal one. You indicated that the cleaner did a portion of the job, leaving another portion not done. You have the right to claim at least a partial refund based on the approximate percentage of the work that was not done. If refused, you could sue in small claims... View More

Potentially yes to both. It depends on the terms of the contract. If there is a specific action he was supposed to take or not take under the terms of the contract it could be a material breach and he may be liable for the damages you have suffered as a result of the action. Small claims includes... View More

You should seek permission from the court to file a second amended complaint. No, you should absolutely not include a statement as you suggest. You are responsible for drafting a complaint that survives a motion to dismiss. You must allege the ultimate facts, or elements, that comprise a good cause... View More

You can amend once as a matter of right under Florida Rule 1.190, however, you may seek leave to amend from the court which is freely given under most circumstances. Thus, there is technically no limit to the amount of times you may amend. I would not worry if it is only the 2nd time. I've... View More

Generally, the courts will allow more than one amendment but you need the court's permission to amend. You cannot just file another amended complaint.

This website is for general questions and answers and we cannot advise you how to litigate because we do not know your case and cannot... View More

If the company is a Florida LLC and there is no dispute resolution clause or forum selection clause, then you may sue in Florida County Court (over $8k but under $50k in damages). I have represented clients in similar situations and the Defendant is often a "fly by night" coaching course... View More

Generally speaking, alimony os modifiable unless your agreement says otherwise. Yes, you can file a modification without an attorney. You need to compare the income numbers that were used to calculate the original alimony award versus what the income numbers are now to see if you have a valid... View More

No, if you did not cosign to be responsible you are not liable for her debts. If anything were to happen to your mom and she became deceased, her estate would be responsible for any debts in a probate, if there is a probate, you still would not have any responsibility. In many instances, if there... View More

A Florida attorney could advise best, but your question remains open for over a week. This is common in settings where people agree to handle matters over a handshake, often with the best of intentions. The usual options are small claims or civil court, where parties sometimes represent themselves,... View More

The law generally provides that if a contract does not have a time frame, it is considered an "at will contract." Thus, you may be able to terminate the contract, however, we would have to review the terms of the contract to verify that is an option. Ultimately, the parties should likely... View More

You may be able to assert a claim for what is known as "unjust enrichment." Depending on the specifics of circumstances and what lead to you giving them the money, there may be other claims as well. Often times, in these situations, the other party is not going to simply pay. You will... View More

That depends on various factors, including mutual intent and expectations of the parties at the time the payments were made, whether expectations were fully or partially met, and benefits/detriments to the parties. In your situation, you cannot obtain reliable legal advice by only asking questions... View More

In a word, no, not without penalty. Your lease doesn't require a fence. The fact the fence was there doesn't mean the owner is required to keep it up. It was either illegal or in such disrepair that the owner decided to remove it. Read your lease for a termination clause, or leave when... View More