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Florida Questions & Answers
1 Answer | Asked in Real Estate Law for Florida on
Q: Can a notary certificate be backdated on a property deed and still be a valid property transfer?

I was coerced into signing deed to my home and am doing all I can do to correct this . I noticed certificate was backdated a year and a day prior to me signing . Notary withheld first page of deed that indicated it was a deed . I was made to believe I was giving permission to do a title search on... View More

Anthony M. Avery
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answered on Jun 24, 2024

Notary is an acknowledgement on a deed, so it is often placed after execution. If notary of your signature is before your signing, then hire a TN attorney to set aside the deed. There are probably some other pertinent facts here though.

1 Answer | Asked in Animal / Dog Law and Personal Injury for Florida on
Q: Neighbours dog come and attacked my cat (now it’s disable), can I sue without video prove ?

I live on 2 acres property and neighbours dog keep coming lose and run a mile to my property to chase my cats. Yesterday after another visit of this dog I found my cat not able to walk outside. I took it to vet , it’s has been confided that cat was attacked and it’s has damaged nerves, so... View More

Charles M.  Baron
Charles M. Baron
answered on Jun 23, 2024

The first logical step here would be to submit a demand letter to the dog owner to demand payment of the vet bills by a certain date, failing which you will take legal action. Such a letter will probably have more impact if done by an attorney. If there is neither any witness nor video, though,... View More

1 Answer | Asked in Contracts and Civil Litigation for Florida on
Q: judge wont respond to a motion to reconsider on a civil case. Is the 30 day for appeal clock running.

Civil case for damaged approx $5K Judge awarded $1K Plaintiff motioned for reconsideration and then RE Motioned a second time and the court has not or will not answer the motion. Is the 30 day clock running from the 1st order of judgement for $1k?

Charles M.  Baron
Charles M. Baron
answered on Jun 23, 2024

Your motion is probably not the type of motion that stops the clock for the appeal window, BUT whenever there's a question, "In my court case, is the clock running for me to ____?" or "What is my deadline to ____?", that's an issue that you should NOT rely on online... View More

1 Answer | Asked in Contracts for Florida on
Q: I have solar panels from Meraki. I want to get out of the contract. They have not done anything that was promised.

The flat out lied to our face and nothing is as it was supposed to be. I am now paying $650/month for something that was supposed to be a couple hundred a month and the price just keeps rising.

Phillip William Gunthert
Phillip William Gunthert
answered on Jun 23, 2024

If there are two things you can be sure of based on complaints alone here on AVVO, it is never buy solar panels and do not buy property where there is an HOA, the array of headaches and complaints is endless based just on what you see here posted day in and day out. You should start by filing a... View More

2 Answers | Asked in Immigration Law for Florida on
Q: Hi there When I send the EOIR 33 one 4court which is located on 333 S Miami Ave, Miami the 2nd copy goes to whom thanks

So when I send a form of EOIR 33 one to the EOIR court which 333 S miami Suite 200

Can someone please tell me the second copy goes to who and what’s the address and should I put the address in the area where it says to office of the principal legal advisor for DHS immigration that means a... View More

James L. Arrasmith
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answered on Jun 23, 2024

Based on the information provided, it appears you're asking about filing a Form EOIR-33 (Change of Address Form) for an immigration court case. Here's how to handle the two copies:

1. First copy: You're correct that one copy goes to the immigration court. The address you...
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2 Answers | Asked in Immigration Law for Florida on
Q: Hi there When I send the EOIR 33 one 4court which is located on 333 S Miami Ave, Miami the 2nd copy goes to whom thanks

So when I send a form of EOIR 33 one to the EOIR court which 333 S miami Suite 200

Can someone please tell me the second copy goes to who and what’s the address and should I put the address in the area where it says to office of the principal legal advisor for DHS immigration that means a... View More

Kevin L Dixler
Kevin L Dixler
answered on Jun 22, 2024

You can go to www.ice.gov to try to obtain the address for the Office of the Principal Legal Advisor. You can try to call and ask the Immigration Court in Miami for the information.

Representing yourself in an immigration matter is very risky. It is highly unlikely that you will get a...
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1 Answer | Asked in Patents (Intellectual Property) and Intellectual Property for Florida on
Q: Is the method of ‘adjusting golf scores based on abnormal weather conditions’ patenable?

USGA World Handicap System

James L. Arrasmith
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answered on Jun 22, 2024

To assess the patentability of 'adjusting golf scores based on abnormal weather conditions' as part of the USGA World Handicap System, we need to consider several factors:

1. Novelty: The idea must be new and not previously disclosed to the public.

2. Non-obviousness: It...
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1 Answer | Asked in Patents (Intellectual Property) and Intellectual Property for Florida on
Q: how do I contact this company for a licence to one of these patents

My dream is to get Beta Hydroxy butyrate (BHB) available for everybody in the supermarket because of its unprecedented health potential. The use of BHB for increasing ketone bodies is patented. Therefore, I probably need a licence to this patent if I would like to sell such a product in the... View More

James L. Arrasmith
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answered on Jun 22, 2024

To answer your question, we need to break it down into a few steps:

1. Patent verification:

First, we need to confirm that the use of Beta-Hydroxybutyrate (BHB) for increasing ketone bodies is indeed patented. Without specific patent information, I can't verify this claim....
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2 Answers | Asked in Car Accidents for Florida on
Q: Can I sue a hit & run driver that did not result in injuries?

The incident happened in a Publix parking lot. I have 2 witnesses, a FL State Trooper's Crash Report, & my DashCam video.

Charles M.  Baron
Charles M. Baron
answered on Jun 23, 2024

As there is no bodily injury, I assume you are asking if you can sue the other driver for physical damage to your vehicle. Of course you can, and if someone else owns the vehicle, you can sue that owner as well. HOWEVER, the normal first step in this situation is to determine if the other driver... View More

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1 Answer | Asked in Cannabis & Marijuana Law and Federal Crimes for Florida on
Q: Can i buy a gun private sale or a licensed firearm salesman as a medical marijuana holder?

First off i live in florida, polk county to be specific for the law. i do currently hold a medical marijuana license. and im pretty sure if i go into a store to buy a gun they wont let me because of the medical marijuana card. but does that also apply to private sale? like say could i just send my... View More

James L. Arrasmith
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answered on Jun 22, 2024

In general, federal law prohibits users of controlled substances, including medical marijuana, from purchasing or possessing firearms, regardless of state laws. This applies to both licensed dealers and private sales. Having someone else purchase a firearm on your behalf (known as a "straw... View More

1 Answer | Asked in Civil Rights, Criminal Law and Gov & Administrative Law for Florida on
Q: In Florida can you be trespassed from somewhere you have never been or havent been in over 1 year?

I got a trespass warning tuesday from a location I have never been, and all the statutes it sources say you were already on the property without consent, and based off of the wording in chapter 810 (burglary and trespass statute) I needed to be on the property and asked to leave, or told I'm... View More

James L. Arrasmith
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answered on Jun 21, 2024

To provide a concise response to this legal question:

In Florida, it's generally not typical to receive a trespass warning for a property you've never visited or haven't been to in over a year. Trespass warnings are usually given when someone is on a property without...
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1 Answer | Asked in Immigration Law for Florida on
Q: Changed my B1/B2 to F1 inside the US, plz how can I get travel document to travel to my country, no consulate there now

My B1/B2 is still valid, can I still use it to re-enter? I have Canadian visa too can I fill out the DS-160 here and schedule an appointment in Canada us consulate? Can I travel with my I-797A to Canada and re-enter to the Usa?

James L. Arrasmith
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answered on Jun 21, 2024

To address your situation, here's what you need to know:

1. Travel Document: As an F-1 student, you don't need a separate travel document. Your primary travel documents are:

- Valid passport

- Valid F-1 visa

- Current I-20 form signed for travel

2....
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1 Answer | Asked in Criminal Law for Florida on
Q: Hello quick questionI have a lawyer that’s trying to make me take a 200 Community hours for a plea deal I Submitted

A NON PROSECUTION AFFIDAVIT im not guilty of the crime but she just want me to take this plea I feel it’s not right because I am not guilty is there something I can do on my behalf I never been in trouble before.

Robert Edward Heyman
Robert Edward Heyman
answered on Jun 21, 2024

Very simple. You need to have a very frank discussion with your attorney. No attorney can "make" a client accept a plea offer from the State. There are times when it may be in a client's best interests to accept a sweetheart deal from the State in order to avoid the risk of going to... View More

1 Answer | Asked in Criminal Law for Florida on
Q: Hello. So I was arrested about 5 years ago. 2 counts paraphernalia, 2 counts possession of cocaine, 1 petty theft.

Two counts of possession were adjudication withheld. I completed and was released from probation without incident in roughly half the time. Can I get either the felonies or the petty theft expunged or sealed in any way?

Robert Edward Heyman
Robert Edward Heyman
answered on Jun 21, 2024

The answer is that you may be able to get your records sealed. In order to be eligible, you cannot ever have been adjudicated for any criminal charge, either prior to or after the charges you mention. You can get an application off of the FDLE website. Application is made to FDLE, which will... View More

1 Answer | Asked in Personal Injury, Education Law and Landlord - Tenant for Florida on
Q: My college moved me into a dorm infested with roaches. Can I sue?

I moved into my current dorm over a month ago. When I moved in I saw it was infested with roaches and not properly cleaned since the last tenants, toe nail in the medicine closet dust and grime everywhere. Dead roaches under the fridge, broken furniture. I told them I wouldn’t move out of my old... View More

Robert Edward Heyman
Robert Edward Heyman
answered on Jun 21, 2024

Stop right now with thoughts of lawsuits and medical school.

While not named, I question why you would want to continue to attend a school which has already treated you so poorly. If the school is truly where you want to go, consider off campus housing. You cannot sue the school because...
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1 Answer | Asked in Contracts and Legal Malpractice for Florida on
Q: Hi there! Question: if there is an outstanding motion for default for filing an untimely answer, can the complaint amend

A court issued an order denying motion to dismiss and did not dismiss 2 counts, legal malpractice and tortious interference w/ co. They filed answer 3 days late. I filed motion for default. The court allowed me to freely amend. And did not prescribe time for either party to respond or amend. So the... View More

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

If the defendant doesn't file an answer in a timely manner, a motion for default can be filed, but generally, an answer can be filed any time before default is entered. If you move to amend, you can't expect a default until the time to answer the again-amended complaint again runs.

1 Answer | Asked in Consumer Law for Florida on
Q: Lula car insurance gave me 9 days notice of termination because they've been acquired. What are my options?

I was notified on 5/9 that my policy would terminate 5/19 because Lula had been acquired. There is a FL mandate that sets the minimum to 45 days unless the reason for termination is not paying, which this clearly is not. I only saw the email a day prior to termination and now I have a gap on my... View More

Tim Akpinar
Tim Akpinar
answered on Jun 19, 2024

A Florida consumer rights attorney could advise best, but you await a response for five weeks. For an attorney to make a call whether your situation is bad faith on the part of the carrier requires more information on your state's guidelines for terminations. It's possible the Florida... View More

1 Answer | Asked in Arbitration / Mediation Law and Real Estate Law for Florida on
Q: When having to participate in mediation with HOA in florida,do the mediator have to be in the same county as the home?

When having to go to mediation with the HOA the HOA lawyer has listed mediators in his county which is 40-60 miles away, are mediators required to be in the county the property and potential suit be taking place or anywhere within the state?

Tim Akpinar
Tim Akpinar
answered on Jun 19, 2024

There are Florida attorneys here who do deal with HOAs who could answer your question best, but it remains open for a week. Until you speak consult with one, there is a general principle in arbitration/mediation where parties could raise the issue that a particular venue or forum is unduly... View More

1 Answer | Asked in Consumer Law, Contracts and Construction Law for Florida on
Q: Is it my financial responsibility to repay for work that was almost done, but had to be torn out and redone?

The contractor failed to get the necessary inspections so had to tear out work that was already paid for and almost finished. After the inspection he's claiming there's an outstanding balance now. He will now redo any work and considers the contract closed. If I want him to come back... View More

Travis S. McConnell
Travis S. McConnell
answered on Jun 19, 2024

For construction projects, the parties' rights and obligations are generally dictated by the terms of the contract or agreement. It will be difficult for any lawyer to answer this without reviewing your contract. Florida has a "prior breach" doctrine which can sometimes excuse one... View More

2 Answers | Asked in Contracts for Florida on
Q: Is it posible to recover my money ?

Hi , I hired an AMAZON AUTOMATION company to manage my Amazon store , they charged $40,000 , we signed a contract for 12months , they generated some sales for about two months and then they stop , last thing they were gonna order products from China , I paid them $10,000 , it’s been two months... View More

Jennifer Newton
Jennifer Newton
answered on Jul 1, 2024

To recover your money from the Amazon automation company, start by reviewing the contract to check for any breaches of terms and any dispute resolution clauses. Document all communications, payments, and service logs to build your case. Send a formal demand letter to the company, requesting either... View More

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