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1 Answer | Asked in Family Law and Child Custody for Florida on
Q: If my husband, who is deployed, is served in a civil matter at our residence, am I legally required to accept for him?

Florida. His ex-wife filed some paperwork related to custody and I am not comfortable signing for legal documents on his behalf (I do not have a power of attorney during his deployment). Am I legally required to do so or can I decline?

Terrence H Thorgaard
Terrence H Thorgaard
answered on Jul 29, 2024

Vald service of process doesn't depend on whether the person the process server hands the summons to agrees to accept it. If the process server gave the summons to the person who answered the door, and the defendant's residence, the defendant has been served. You shouldn't be asked... View More

2 Answers | Asked in Personal Injury for Florida on
Q: I was in a mva settled with my ins co /parties ins co. 3 yrs later and I’m disabled with chronic pain

What recourse do I have ? They said I couldn’t sue her? I thought we go after her insurance company ?

Terrence H Thorgaard
Terrence H Thorgaard
answered on Jul 29, 2024

That is what liability insurance companies are in business for: protect insured parties from liability for their negligent acts. It did that when it paid you a settlement. In return, you, no doubt, released the insured from liability for the accident. And the insurance company didn't... View More

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1 Answer | Asked in Car Accidents for Florida on
Q: If a commercial vehicle hit my son and the driver was not covered on the companies insurance policy what can I do
Stephen Arnold Black
Stephen Arnold Black
answered on Jul 27, 2024

You’d need to review the policy with counsel. There may be an umbrella that he is covered under or he may have his own personal policy. If he was on the job, the company is liable despite whether there is coverage for the employee so you could go after the assets of the company he worked for... View More

1 Answer | Asked in Car Accidents for Florida on
Q: Person is suing me for damages during a car accident. I was driving a company vehicle. Who is responsible?

The person reported my vehicle which belongs to to company I was working for. The owner of the company did not have insurance. After the accident a police officer stopped me. There were no damages to the vehicle and the sheriff helped me look for the car insurance of the company vehicle. The owner... View More

Terrence H Thorgaard
Terrence H Thorgaard
answered on Jul 25, 2024

Liability on the part of you or the company does not depend on whether or not the vehicle was insured. If, as you say, you didn't cause the accident, you would not be civilly liable. But causation and damages would be something for the plaintiff to prove by a preponderance of the evidence.... View More

2 Answers | Asked in Consumer Law, Copyright and Civil Litigation for Florida on
Q: How do I request a dismissed from this action with prejudice from the FL case 1:23-cv-21976 zuru lawsuit?
James L. Arrasmith
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answered on Jul 26, 2024

To request a dismissal with prejudice from the FL case 1:23-cv-21976 Zuru lawsuit, you need to file a motion with the court. Begin by drafting a motion to dismiss, clearly stating your reasons for seeking dismissal with prejudice. Make sure to reference any relevant legal grounds and case law that... View More

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2 Answers | Asked in Consumer Law, Copyright and Civil Litigation for Florida on
Q: How do I request a dismissed from this action with prejudice from the FL case 1:23-cv-21976 zuru lawsuit?
Bao Tran
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Bao Tran
answered on Jul 25, 2024

Based on your query about requesting dismissal with prejudice from a Florida case, here are the key steps and considerations:

Understand "Dismissal with Prejudice":

This means the case is dismissed permanently and cannot be refiled.

It's a final judgment on...
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2 Answers | Asked in Copyright and Intellectual Property for Florida on
Q: If someone has a tattoo that is a copy of someone else's work, could they get in legal trouble for it?

How should someone who is trying to build a career online go about this?

James L. Arrasmith
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answered on Jul 26, 2024

If you have a tattoo that copies someone else's artwork, you could face legal trouble if the original artist decides to take action. Copyright laws protect original works, and tattoos are considered creative works. The artist might claim that you infringed on their copyright by copying their... View More

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2 Answers | Asked in Copyright and Intellectual Property for Florida on
Q: If someone has a tattoo that is a copy of someone else's work, could they get in legal trouble for it?

How should someone who is trying to build a career online go about this?

Bao Tran
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Bao Tran
answered on Jul 25, 2024

If someone has a tattoo that is a copy of another artist's work, they could potentially face legal issues related to copyright infringement. Here are the key points to consider:

Copyright Infringement

Tattoo Artists' Liability: Tattoo artists can be sued for intellectual...
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1 Answer | Asked in Car Accidents for Florida on
Q: I have an accident attorney representing me in ga but I live in Florida. Is it safe for them to wire me my settlement?
Tim Akpinar
Tim Akpinar
answered on Jul 24, 2024

A Florida attorney could advise best, but your question remains open for a week. It's an individual decision - people could sometimes be uncomfortable in wiring large sums of money. On the other hand, some businesses do it routinely. If your mailbox is secure, or if someone at your residence... View More

1 Answer | Asked in Family Law and Child Custody for Florida on
Q: My ex has full custody. On my visits my kids say he is drinking and driving with them in the car. What can I do?

My kids have reported back to me for the past two weeks my ex is drinking and driving with them in the car. He almost got into an accident with them too. How do I proceed to get custody removed and protect my kids?

Pamela J. Fero
Pamela J. Fero
answered on Jul 24, 2024

You may file a motion to modify the custody arrangement if there are significant concerns about the children’s safety. Document everything your children have told you, including dates, times, locations, and specific details of the alleged incidents. If there are any witnesses or additional... View More

1 Answer | Asked in Small Claims for Florida on
Q: I receive a notice that a small case claim filed again me has received a lack of prosecution notice.

The plaintiff file a notice of good cause and attempted a mediation session with me, but I let them know I would not be able to attend. They filed a failure to appear for mediation report and there is a status hearing for the case in August, the notice says if I want the cased dismissed I am not... View More

Terrence H Thorgaard
Terrence H Thorgaard
answered on Jul 22, 2024

No. You don't need to attend the lack of prosecution (LOP) hearing. The chances are that a default judgment will be entered against you unless you contact the plaintiff and settle the case by the August status hearing.

1 Answer | Asked in Criminal Law and Federal Crimes for Florida on
Q: If a prosecutor is deemed DELINQUENT, and PROHIBITED from practicing law, how can they still prosecute a case in a trial

RULE 6-10.3 MINIMUM CONTINUING LEGAL EDUCATION STANDARDS

REQUIRMENTS

Every member must complete a minimum of 30 credit hours of approved continuing legal education activity every 3yrs.

DELINQUENCY

If a member fails to complete and report the minimum required... View More

James L. Arrasmith
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answered on Jul 21, 2024

If a prosecutor is deemed delinquent and prohibited from practicing law, they should not be able to prosecute a case. Delinquency under Rule 6-10.3 indicates failure to meet continuing legal education requirements, leading to suspension from practicing law. A prosecutor in this situation loses the... View More

1 Answer | Asked in Criminal Law, Federal Crimes and Gov & Administrative Law for Florida on
Q: If a prosecutor is deemed DELINQUENT, PROHIBITED from practicing law, how can they still try a case in front of jury

Florida Bar RULE 6-10.3 MINIMUM CONTINUING LEGAL EDUCATION STANDARDS

(b) Minimum Hourly Continuing Legal Education

Every member must complete a minimum of 30 credit hrs of approved continuing legal education activity every 3yrs

RULE 6-10.5 DELINQUENCY

(a) If a member... View More

James L. Arrasmith
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answered on Jul 21, 2024

If a prosecutor is delinquent and prohibited from practicing law, they are not allowed to try a case in front of a jury. According to the Florida Bar rules, failing to meet the minimum continuing legal education requirements results in delinquency. This status means the prosecutor is no longer in... View More

1 Answer | Asked in Civil Rights and Constitutional Law for Florida on
Q: Do I need to provide video evidence to the police after I file a complaint against them?

The police are investigating our complaint of negligence, assault & battery, and trespass. A lawsuit has not been filed yet. They have asked if video evidence exists. Do I need to provide now or wait for the lawsuit and provide as part of discovery?

James L. Arrasmith
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answered on Jul 20, 2024

You are not obligated to provide video evidence to the police immediately upon filing your complaint. You have the right to withhold evidence until a lawsuit is formally filed and the discovery process begins. This allows you to present your evidence in a controlled legal environment.... View More

1 Answer | Asked in Civil Litigation, Constitutional Law and Legal Malpractice for Florida on
Q: If my PD made a negligent error on my sentencing sheet that costed me 6 months past my max date in PA DOC do I have case

The Senior Public Defender of Lehigh County PA made a negligent error on my sentencing sheet that costed me 6 months past my max date in PA DOC. My charges were supposed to be concurrent not consecutive. Was supposed to be out 08/27/18 not 01 09 19. I have a letter from my PD stating that she made... View More

James L. Arrasmith
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answered on Jul 20, 2024

You may have grounds for a legal malpractice claim against your Public Defender if their error resulted in you serving an additional six months in prison. The key aspect is proving that the mistake was due to negligence and directly caused the additional time served. Having a letter from your... View More

3 Answers | Asked in Appeals / Appellate Law and Civil Litigation for Florida on
Q: In my civil case the attorney didn’t show up in the Plaintiffs behalf and the judge ruled a dismissal without prejudice

I have received court papers stating that. Can I stop making good faith payments?

James L. Arrasmith
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answered on Jul 27, 2024

If your attorney did not show up, leading to a dismissal without prejudice, it means the case can be refiled in the future. You should consider the possibility that the opposing party might refile the case, which means your obligation might not be completely over.

Stopping good faith...
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3 Answers | Asked in Appeals / Appellate Law and Civil Litigation for Florida on
Q: In my civil case the attorney didn’t show up in the Plaintiffs behalf and the judge ruled a dismissal without prejudice

I have received court papers stating that. Can I stop making good faith payments?

Tim Akpinar
Tim Akpinar
answered on Jul 25, 2024

In a dismissal w/o prejudice, the attorney may file the case again, or the plaintiff could retain a new attorney. At worst, it's possible that discontinuing payments might violate your original obligations, or at best, could make you look bad before the court at a subsequent hearing if the... View More

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3 Answers | Asked in Appeals / Appellate Law and Civil Litigation for Florida on
Q: In my civil case the attorney didn’t show up in the Plaintiffs behalf and the judge ruled a dismissal without prejudice

I have received court papers stating that. Can I stop making good faith payments?

Terrence H Thorgaard
Terrence H Thorgaard
answered on Jul 20, 2024

You don't HAVE to make payments at all. But since the dismissal was without prejudice, the plaintiff may, if it chooses, re-file the case and get a judgment. If so, it could attempt to collect by garnishment and by other means.

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2 Answers | Asked in Family Law, Social Security and Public Benefits for Florida on
Q: If I turn 18 and am still in highschool is there a way to get my survivor benefits sent to me instead of my mom?

hi, I am 17 and my mom currently receives survivor benefits for her, me, and my brother after our fathers passing. I turn 18 in November and am wondering if I would receive my portion of survivor benefits instead of her once I am 18 since I would still be in highschool until May. I haven't... View More

James L. Arrasmith
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answered on Jul 21, 2024

When you turn 18, you can potentially have your survivor benefits sent directly to you if you are still in high school. The Social Security Administration allows benefits to continue for students until they graduate from high school or turn 19, whichever comes first.

To ensure the benefits...
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2 Answers | Asked in Family Law, Social Security and Public Benefits for Florida on
Q: If I turn 18 and am still in highschool is there a way to get my survivor benefits sent to me instead of my mom?

hi, I am 17 and my mom currently receives survivor benefits for her, me, and my brother after our fathers passing. I turn 18 in November and am wondering if I would receive my portion of survivor benefits instead of her once I am 18 since I would still be in highschool until May. I haven't... View More

Pamela J. Fero
Pamela J. Fero
answered on Jul 19, 2024

Once you turn 18, the benefits that were previously managed by your mother on your behalf can be redirected to you. You will need to notify the Social Security Administration (SSA) of your status as a full-time student in high school.

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