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Florida Uncategorized Questions & Answers
1 Answer | Asked in Uncategorized for Florida on
Q: I've been served a restraining order based on lies. Can I sue for libel & defamation?

The comments they make even contradict each other. Accusations made up are ridiculous. Can I sue same day of hearing?

Michael  Mayoral
Michael Mayoral answered on Jan 14, 2022

You can always sue for libel and defamation, but the real question is whether the lawsuit will be successful. You should consult with an attorney who handles libel and slander cases for that. You should know that Florida’s litigation immunity privilege provides absolute immunity “to any act... Read more »

1 Answer | Asked in Uncategorized for Florida on
Q: My wife has cancer. And her medical bill is around $400,000. What is the best thing to do
Terrence H Thorgaard
Terrence H Thorgaard answered on Jan 13, 2022

Get treatment. What is your legally-related question?

1 Answer | Asked in Uncategorized for Florida on
Q: If my employer doesn’t fire another employee that has threatened me in front of other coworkers what should I do?

There were witnesses that confirmed her threats and she hasn’t been fired or reprimanded

Terrence H Thorgaard
Terrence H Thorgaard answered on Dec 3, 2021

Whether or not your employer fires her is not up to you; it's solely up to the employer. You could seek a restraining order against the employee who threatened you.

1 Answer | Asked in Uncategorized for Florida on
Q: Florida.. I sold my house. Person paid a partial payment in cashier's check. Still owes amount. And maile note with key

Saying we could have it back . He dont want the house . Wont answer any text. We still have title and in our name. We need to know what do we do to from this point on.

Terrence H Thorgaard
Terrence H Thorgaard answered on Nov 30, 2021

You could put the house up for sale again and sue the first buyer for your damages, if any. But it's quite possible that he or she is "judgment proof" and, even if you prevail, you will never collect such a judgment. Cut your losses, keep the partial payment, and sell the house again.

1 Answer | Asked in Uncategorized for Florida on
Q: I was stacking cans and found black mold on them which caused a allergic reaction can I sue for this?

I was stacking cans at my over night job. Only to find black mold on the cans and its shipping box. I told my managers and quickly washed my arms/hands due to me being highly allergic to mold and pennacylin. Regardless I had to rush to take care of this. They had no emergency aid for the allergic... Read more »

Terrence H Thorgaard
Terrence H Thorgaard answered on Nov 27, 2021

You can't sue your employer; worker's compensation is the exclusive remedy for injuries sustained on the job. If it was caused by another company, the manufacturer for example, you may be able to sue it, if you can prove uncompensated damages.

1 Answer | Asked in Uncategorized for Florida on
Q: Can you vote for annual Board of directors via zoom?
Michael  Mayoral
Michael Mayoral answered on Nov 9, 2021

Section 718, Florida Statutes is the law that governs condominium associations in Florida. Section 718.112(2)(b)(5), Florida Statutes allows the board of directors or the association committee to meet via telephone, real-time videoconferencing, or real-time electronic or video communication.... Read more »

1 Answer | Asked in Uncategorized for Florida on
Q: If on probation in Florida and my only income is disability, am I required to pay monthly cost of supervision to DOC?
Michael  Mayoral
Michael Mayoral answered on Nov 8, 2021

You can have an attorney (or an attorney at the public defender's office) write a motion to modify your probation to ask the court to waive costs of supervision due to financial hardship.

1 Answer | Asked in Uncategorized for Florida on
Q: How can I change charges against me and then go back to the original charge okay

She was originally arrested and bonded out on two pill charges one methamphetamine charge and one paraphernalia charge. Then when it was filed with the clerk of courts it was filed as three pill charges one paraphernalia charge no meth charge. And now they dropped two pill charges and the... Read more »

Michael  Mayoral
Michael Mayoral answered on Nov 8, 2021

A prosecutor can change charges a number of different times, however, the state only has 175 days after an arrest to file charges, and that is found in Florida Rule of Criminal Procedure 3.191.

1 Answer | Asked in Uncategorized for Florida on
Q: Do I have a case against my divorce attorney

In 2008 I went through divorce my attorney received $40500 on my behalf he put a lien on our house to make sure he got paid and he did he was in charge of paying my fees restitution we hen he got his fees he was to release the lien and all theses years we thought he did when in fact he didn’t... Read more »

Terrence H Thorgaard
Terrence H Thorgaard answered on Nov 2, 2021

You are going to need proof that he got paid. Do you have the cashed check?

1 Answer | Asked in Uncategorized for Florida on
Q: Can I be turned down from Occupational Therapy Center because of my weight in Florida is it legal
Michael  Mayoral
Michael Mayoral answered on Oct 28, 2021

It depends if you are being turned down for the role of an employee or as a patient. Generally, a private business can "turn down" a customer for a number of reasons. Title II of the Civil Rights Act of 1964 - the federal law which prohibits discrimination by private businesses which are... Read more »

1 Answer | Asked in Uncategorized for Florida on
Q: My partner of 6 years signed over his pickup truck to me as a gift and now he wants it back

He was caught driving without a license a couple of times and actually went to jail for it, since he couldn't register the car because he had no license he signed it over to me as a gift, 6 months ago he got caught cheating and left, and now he wants the truck back and telling me that he can... Read more »

Jane Kim
Jane Kim answered on Oct 24, 2021

If the car's title is in your name, and you did not fraudulently sign over the title into your name or he was not coerced to sign over the title to you (coerced means no one held a gun to his head to force him to sign over the title), it is your vehicle.

I am not sure what you mean by...
Read more »

1 Answer | Asked in Uncategorized for Florida on
Q: What can I do if someone used a hidden camera in there house to record me using the restroom?

I have the hidden device that was used but they didn't give it to me until they took the camera out and the sd card out I have 2 videos before the broke one where it was plugged into the wall facing the toilet and one where you can see the camera lens reflecting off my flashlight on my phone... Read more »

Terrence H Thorgaard
Terrence H Thorgaard answered on Oct 22, 2021

Report it to the police for possible criminal prosecution.

1 Answer | Asked in Uncategorized for Florida on
Q: friend was framed 4something neverdid on island in HI, attacked by group, charges dropd, now want travl internationally

rushed groupattackers/woodbrobbers, chargedout bar 2attack & stealluggage&valuables init, forced2reactfast, drawing a bb/pelletgun in abag fromtheluggage& using2 preventviolence byusing strongsubtle bodylanguage holdinginbag(2 preventpanic ortaking 4realgun)at they'reside,... Read more »

Michael  Mayoral
Michael Mayoral answered on Oct 18, 2021

It sounds like your friend was framed for something they never did in Hawaii when he was attacked by a group of attackers and/or wood-robbers who charged out of a bar to attack him and steal his luggage and valuables, but he was forced to react fast - and he did - by drawing a pellet gun from a bag... Read more »

1 Answer | Asked in Uncategorized for Florida on
Q: I invested in a private company. After waiting and wiring the funds, I then got a cancelled email due to the questionnar

I was told my deal may have been cancelled due to the questionnaire. I researched the company, had to use the third party platform to invest, waited for 3 months on the waitlist, wired the funds, and then got an email stating my investment was being cancelled. How can this happen? I want in on... Read more »

Michael  Mayoral
Michael Mayoral answered on Oct 18, 2021

It sounds like you are attempting to purchase unregistered shares of a company that is supposedly going public in the future. Sellers of unregistered securities are only allowed to sell to accredited investors, who are deemed financially sophisticated enough to bear the risks. This is what your... Read more »

1 Answer | Asked in Uncategorized for Florida on
Q: If I was fired for discussing my pay would I be entitled to a lawsuit
Michael  Mayoral
Michael Mayoral answered on Oct 14, 2021

Potentially yes. Employers generally can't prohibit employees from discussing compensation. This is according to the National Labor Relations Board (NLRB) and an April 2014 Executive Order from President Obama:... Read more »

1 Answer | Asked in Uncategorized for Florida on
Q: Can a lawyer advise client to dispute facts known as true just to delay the case?

Lawyer for my sons child's mother custody case advised her to dispute DNA results showing over 99.9 he was the father and knowing she had not slept with anyone else just to delay the case. Is this ethical?

Michael  Mayoral
Michael Mayoral answered on Oct 13, 2021

It is not ethical for an attorney to take any course of action purely for the purpose of delaying a case. However, it is often difficult to prove that said course of action was undertaken only for the purpose of delay.

1 Answer | Asked in Uncategorized for Florida on
Q: Is it legal for a residential mailroom to charge $5 per package delivered?

I live in an RV Resort and have for 5 years. This new charge is rumored to begin November 1st. Just wondering if it's legal to charge up for UPS or Amazon packages delivered?

Terrence H Thorgaard
Terrence H Thorgaard answered on Oct 7, 2021

Yes, it's probably legal. If you stay at the RV resort on a month-to-month basis, and if you don't like the planned changes, you can move some place else.

1 Answer | Asked in Uncategorized for Florida on
Q: My soon to be ex’s lawyer has made derogatory remarks to my ex about my looks and also said I look rough

My ex told me it made him feel uncomfortable. We were on zoom for our mediation which was the first time his lawyer saw me Even though we are divorcing we still talk. I don’t feel comfortable going to court . This is a domestic violence case

Terrence H Thorgaard
Terrence H Thorgaard answered on Oct 5, 2021

What your ex's attorney said to him is none of your business; it's between the attorney and your ex. That it makes you feel uncomfortable is tough; get over it.

1 Answer | Asked in Uncategorized for Florida on
Q: Ok I was taking care of my father and his needs well I have a sister who disowned herself from my dad a year or2 before

died and a brother that visited him quite often but they were not around his last weeks so I took care of all and even paid the courts to be administrator cause Noone but me was there to take care of his stuff and the courts denied me because of a will they said I gave the courts everything that I... Read more »

Terrence H Thorgaard
Terrence H Thorgaard answered on Sep 30, 2021

If you would use sentences, set apart by periods, it might be easier to understand what you are trying to ask.

As near as I can understand, your application to be personal representative of your father's estate was denied by the court, and your sister was appointed instead. Now,...
Read more »

1 Answer | Asked in Uncategorized for Florida on
Q: We have been married 32 years and currently live in an assisted living facility.

My wife's children seem to feel they have the last say as to where we live. My wife has Parkinson’s and dementia and for the most part is bed ridden. Although we live is assisted living “I” am the one who takes care of her. We both agreed long ago that neither she nor I wanted to enter a... Read more »

Terrence H Thorgaard
Terrence H Thorgaard answered on Sep 19, 2021

Not unless one or more of your children has been appointed guardian of both of you.

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