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Florida Uncategorized Questions & Answers
1 Answer | Asked in Uncategorized for Florida on
Q: Can you seek damages for negligence when there is no accident/injury in Florida?

I went to a retail store with a tire shop to repair/replace a tire. They recommended plugging the tire and completed the work. I was sent on my way with my toddler with me. After I got home, from an hour drive mostly interstate, I noticed markings on my tire when I was unloading the car. I... Read more »

Stephen Arnold Black
Stephen Arnold Black
answered on Mar 22, 2022

You have a claim for breach of contract. All consequential losses that are foreseeable are damages that can be recovered in a contract breach case. Sue them in small claims court. It’s wise to get another expert mechanic to testify that they did poor workmanship that resulted in your damages.

1 Answer | Asked in Uncategorized for Florida on
Q: Can I charge back a vet bill?

I called a vet's office and at the time I made the appointment for my dog and at the moment I walked in and they asked me what he was being seen for oh, I told them I was there for a Cushing's test. I told the veterinarian three times that I wanted my dog tested for Cushing's... Read more »

Terrence H Thorgaard
Terrence H Thorgaard
answered on Mar 17, 2022

It is unclear what you mean by "charge back". Did you pay the bill? If you didn't ask them to do anything but test the dog for that particular disease, and if they didn't do the test, simply don't pay the bill.

1 Answer | Asked in Uncategorized for Florida on
Q: 720.306 (8) a, ‘proxy auto expires after 90 days’ The proxy expire or the ability to get more votes?

HOA board had the residents do a proxy vote in October, won the vote, but did nothing with it. Now 90+ days afterward are trying to say it’s still valid.

Terrence H Thorgaard
Terrence H Thorgaard
answered on Mar 6, 2022

If the proxy was valid as provided in the statutory sub-section you have cited, and was duly voted at the meeting, the measure passed at that meeting would be valid. The 90 days has nothing to do with expiration of the adopted measure; it has to do with expiration of the proxy. If, instead of... Read more »

1 Answer | Asked in Uncategorized for Florida on
Q: exiting a convenience store when cars were at a stop at a red light I crossed over through space provided by drivers

To the left turning Lane is that illegal

Tim Akpinar
Tim Akpinar
answered on Mar 3, 2022

A Florida attorney could advise best, but your question remains open for a week and time may be of the essence if this matter requires a response to a traffic citation. Ordinarily, with most intersections, it should be okay if you have the green light. But if this involves a traffic violation, then... Read more »

1 Answer | Asked in Uncategorized for Florida on
Q: Recently purchased an RV. They falsified my income to get me qualified. Can I return this vehicle? Purchased 02/12/2022

I gave them the correct information

Terrence H Thorgaard
Terrence H Thorgaard
answered on Feb 26, 2022

The dealer falsified your income? And you failed to inform the finance company of that falsification? No, that would not allow you to declare the purchase contract void. The finance company is a party to the contract, although apparently a victim of the dealer's fraud. So the finance... Read more »

1 Answer | Asked in Uncategorized for Florida on
Q: The house was not included in the divorce because I was going to have him sign a quit claim deed and he was good with

He would have signed a quit claim deed. But I just want to make sure he cannot return to the home if he decides to do so.

Terrence H Thorgaard
Terrence H Thorgaard
answered on Feb 22, 2022

This is a follow-up to the question about the ex-husband who is moving to Michigan? Either have him sign the quitclaim deed or apply to the divorce court to get the decree modified to give you title.

1 Answer | Asked in Uncategorized for Florida on
Q: What is the obligation of a HOA management company when the President of the HOA Board is out of control.

Our HOA President ignores rules, does not consult the other Directors, does not solicit bids and hires friends and relatives. Is the Management Company obligated to tell the the BOD President that he is out of control?

Terrence H Thorgaard
Terrence H Thorgaard
answered on Feb 19, 2022

It's up to the board of directors to replace him, if the board believes what he has done is serious. What the obligation of the management company is would depend on the terms of its contract.

1 Answer | Asked in Uncategorized for Florida on
Q: Can my lawyer file a lien against for for lack of payment even though we won the financial relief suit?

Ex sued for custody. I was given indigent status by the court. My lawyer filed for financial relief to which we won. The burden of payments to my lawyer are now on my ex but my lawyer just threatened me with a lien against me if I don’t pay (ex has been slow or non existent to pay). Can she do this?

Terrence H Thorgaard
Terrence H Thorgaard
answered on Feb 16, 2022

It's doubtful. An "attorney's lien" would be upon money in the attorney's possession, but if I understand your question, that is not the case. Another type of lien would be a judgment lien, but to get that your attorney would first have to sue you and record the judgment.

1 Answer | Asked in Uncategorized for Florida on
Q: I wanted to know what kind of repercussion i can be facing for FAIL TO PAY CT FINANCIAL OBLIGATION. I got pulled over

previously on probation had restitution to pay and due to lack of work and other covid issues within my household i couldnt make payment in time. Then a month ago i was pulled over and given a ticket cause I was unaware there was a suspension due to FAIL TO PAY CT FINANCIAL OBLIGATION. And i want... Read more »

Michael  Mayoral
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Michael Mayoral
answered on Feb 10, 2022

If its a criminal infraction (DWLS with knowledge) and you are on probation, then it will count as a violation of your probation.

If it is not a criminal infraction (DWLS without knowledge) then it is not a crime and can't violate your probation and you can't get any jail time for...
Read more »

1 Answer | Asked in Uncategorized for Florida on
Q: Misspelled style of vehicle

I got a ticket in Florida and the officer put the wrong style of vehicle on the ticket is it possible to get dismissed?

Tim Akpinar
Tim Akpinar
answered on Feb 8, 2022

A Florida attorney could advise best, but your question remains open a few weeks. Until you're able to arrange a consult with a local traffic ticket defense attorney if the matter remains pending, courts nationwide generally allow for correction of minor clerical errors of that type. They... Read more »

1 Answer | Asked in Uncategorized for Florida on
Q: Can FL used car dealers adjust price of service contract from one customer to the next for same coverage? Cite code pls
Terrence H Thorgaard
Terrence H Thorgaard
answered on Feb 7, 2022

As far as I know, there is no statute prohibiting them from doing that.

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
PREMIUM
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
PREMIUM
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
PREMIUM
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
PREMIUM
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?

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