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In a previous accident, I was told by the driver that caused the accident that the reason she pulled out was because she couldn’t hear me and it looked like I was farther away. My new motorcycle is decently quiet for it size, so I wanna make sure that people hear me so that they can be aware of... View More
answered on Oct 4, 2024
Sorry to hear about your accident I'm not familiar with straight piping, but for guidance, see Fla. Statutes Section 316.293, which you can find online. Subsection (5) thereof states:
(5) NOISE ABATEMENT EQUIPMENT MODIFICATIONS.—
(a) No person shall modify the exhaust... View More
When my neighbor moves his truck to his side of the front yard, the landscaping company is not able to use the correct equipment and get the work done in an efficient timeframe because they have to weed eat the side and back yard instead of their zero turn lawn mower? Do I have any rights here? He... View More
answered on Sep 8, 2024
Generally, as long as the neighbor's placement of something on his property is not intruding onto your property or disturbing the peaceful enjoyment of your property, there's no potential legal action. HOWEVER, does your local jurisdiction (county or city) allow placement of a truck in... View More
answered on Apr 15, 2024
In Florida, you must first reach out to the defendant and try to resolve the matter; that is get him/her to agree to supply a better answer. If that does not work, then you need to do a motion to compel better answer(s) and send that along with a notice of hearing set before your judge. I suggest... View More
The case file in the beginning, ended up missing all the information given, and the second detective ended up with an empty case file, and no one knows where all the information went. There’s more to this as well.
answered on Feb 28, 2024
Yes, you may have grounds to file a lawsuit against the police department for negligence or failure to properly investigate a murder. The mishandling of crucial case information, such as missing files and empty case folders, raises serious concerns about the department's handling of the... View More
The case file in the beginning, ended up missing all the information given, and the second detective ended up with an empty case file, and no one knows where all the information went. There’s more to this as well.
answered on Mar 7, 2024
Suing a police department for a failure in conducting a proper investigation, especially in a murder case, is a nuanced and intricate legal matter. While challenging, it's not impossible under certain circumstances.
Establishing a Breach of Duty: You'd need to prove that the... View More
in florida collier county civil?
answered on Feb 4, 2024
In Florida, the time you have to respond to a motion to compel discovery or other motions generally depends on the specific rules of the court in which the motion was filed. However, as a general guideline, you typically have 20 days to respond to a motion in Florida's state courts. This... View More
anything that has to be answered to their defenses or proven or do we just move forward to discovery and setting a court date?
answered on Oct 23, 2023
I am not exactly sure what you are asking. I am assuming that a defendant has moved to dismiss a complaint, but I do not know if the motion was granted. A hearing on the motion to dismiss is heard before a judge. One can respond to the motion to dismiss in writing or just orally at the hearing.... View More
on the docket it says on the service that they were emailed to the defendant. i was told by the clerk that if the actual interrogatories were uploaded on the mycourtaccess.com they would be available for public viewing. the "service of interrogatories" is visible on the docket but... View More
answered on Oct 22, 2023
It is normal to to only e-file the notice of service of interrogatories and send the actual interrogatories to the relevant party directly. Likewise it is proper to e-file a notice of service of answers and then send the actual answers to the party that served the interrogatories.
on the docket it says on the service that they were emailed to the defendant. i was told by the clerk that if the actual interrogatories were uploaded on the mycourtaccess.com they would be available for public viewing. the "service of interrogatories" is visible on the docket but... View More
answered on Oct 22, 2023
To add to Mr. L's accurate response, e-filing is the mandatory method of participating in the case. Once a document is e-filed there is no obligation to also share it via some other method. To participate in the case you must have your email registered in the case for that purpose. And Yes,... View More
He plays the music even when he's not home and he is never outside. Is there anything I can do? Isn't this considered harassments?
answered on Oct 6, 2023
Mr. Thorgaard gave a somewhat humorous but correct answer that you, as a non-lawyer, might not understand. You may be able to sue on the ground of nuisance - that is, to seek a court order to stop the nuisance activity and possibly for money damages. A lawyer letter threatening to sue for nuisance... View More
A City Manager put the decision on a specific matter in writing. This decision has been made following a discussion with the Legal team and had been confirmed by the mayor, also in writing. A new City Manager comes in and without any new data since the previous decision, reverses that decision, but... View More
answered on Sep 29, 2023
Probably the only way to get answers on this is to schedule a consultation with an attorney to review the matter in detail. Generally, a "promise" by anyone to do anything is not legally enforceable if not part of a legally binding agreement - but hearing the word "promise" in... View More
answered on Jul 19, 2023
Yes, pursuant to s. 509.242(1)(c) - Vacation rental.—A vacation rental is any unit or group of units in a condominium or cooperative or any individually or collectively owned single-family, two-family, three-family, or four-family house or dwelling unit that is also a transient public lodging... View More
Months ago, code enforcement officer gave violation notice to homeowner who was decreasing value of our neighborhood by violating an ordinance. Homeowner continued to violate ordinance; code enforcement was called again. This time the code enforcement officer sided with the violator for no good... View More
answered on Mar 19, 2023
First discuss with the head of code enforcement, and if no result, discuss with the local government head administrator (could be mayor or could be city/county manager) and/or the elected official representing your area on the local commission/council.
A potential legal action route might... View More
So I asked this question prior and it was removed so I have no idea why. I found an abandoned vehicle in a parking lot that I frequent. The vehicle is clearly abandoned and it’s down bad. Tags are many years expired, I contacted police and they said it’s not their problem. I’d like to contact... View More
answered on Jan 21, 2023
Since the vehicle is on private land, that landowner possesses the vehicle. The statutory procedures for acquiring title to abandoned property (including vehicles) would help you only if the vehicle were on public land. See Florida Statutes Chapter 705 at:... View More
If I entered a gated community, in Florida that has no trespassing signs, but did not enter anyone’s private property only hanged out on the communities playground and did not leave when asked by a homeowner is that considered trespassing?
answered on Jan 4, 2023
Yes. When there is a no trespassing sign at the front of the gated community, the entire community is a no trespassing area. You have absolutely no legal right whatsoever to enter the gated community. None. Don't go back, because you could (and should) be arrested for trespassing.
If I entered a gated community, in Florida that has no trespassing signs, but did not enter anyone’s private property only hanged out on the communities playground and did not leave when asked by a homeowner is that considered trespassing?
answered on Jan 4, 2023
Absolutely! Gated communities have private streets that are owned by the community. They do not need trespassing signs. The fact that there are gates are your notice you need to be an owner or invited into the community.
People...I have no ID and no entity will give me one. These True ID laws are the problem. Birth cert. name and SS# name are different, and I don't have current ID. STOPS EVERYTHING!
answered on Dec 12, 2022
You are apparently attempting to add to your prior post, but the way this Justia site works is that each time you post, it is viewed as a brand new post, seen by a different set of lawyers who may or may not overlap with the lawyers who saw your prior post. If you wish to follow up with the lawyer... View More
it is a public official that knows the answers but does not want to give the answers just to be difficult and uncooperative/
answered on Aug 22, 2024
Usually you move the Court to compel the party to answer the interrogatories. If an order issues and is not complied with, then you ask the Court to hold him in contempt.
i also served interrogatories and they gave "fake" answers .can i reserve the interogatories again. it is a public official that knows the answers but does not want to give the answers just to be difficult and uncooperative/
answered on Aug 19, 2024
You will have to argue your Motion in Court...
Lines were there for over 20+ years unknown to me (possibly to him) when our houses were bought. Neighbor suddenly "discovered" a leak on his property next to but not under pavers and DIY turned off my water supply at the meter. Don't know if neighbor actually CAUSED the leak or how... View More
answered on Aug 15, 2024
It looks like you have a prescriptive easement. At any rate, you would not be waiving any rights were you to decide to repair the water line.
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