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Florida Questions & Answers
1 Answer | Asked in Civil Litigation for Florida on
Q: Can i claim an exemption and/or request a hearing after final default judgement in hillsborough county , florida
Barry W. Kaufman
Barry W. Kaufman
answered on Apr 3, 2024

No. A claim of exemption is part of the garnishment process. If you are not garnished, a claim of exemption is moot and will be not seen by the Court. There are ways to ask the Court to vacate the judgment or seek other relief, but I recommend that you retain an attorney to do so.

1 Answer | Asked in Family Law for Florida on
Q: Can a judge refuse to hear or rule on a motion for summary judgment?

I filed a motion for summary judgment on my petition and when I asked for hearing time for the motion, the judge instead issued an order for trial and ignored my request for hearing time. I believe that per rule 12.510 and rule 1.510 and rule 56 that the opposing party must respond and the judge... View More

Rand Scott Lieber
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answered on Apr 3, 2024

Family cases are a little different than regular civil cases. At the trial you can argue your summary judgment motion; however, the judge will probably consider your arguments together with everything else that is presented at the trial. Speak with a local family lawyer for more specific advice.

1 Answer | Asked in Car Accidents for Florida on
Q: Leaving accident without getting info just tag number and later find damage.

I was at a red light when a car changed lanes diagonally on my right side attempting to get in front of me when a red light changed and collided with my right front bumper. We were in heavy traffic and it wasn’t safe, therefore upon my first glance it appeared no damage, as other driver asked to... View More

Terrence H Thorgaard
Terrence H Thorgaard
answered on Apr 3, 2024

When you file your claim with your insurance company, give them the tag number and the circumstances you have related. Using that number, the insurance company may be able to identify them, and choose to file a civil court claim against them. They might be able to recover a judgment, including a... View More

1 Answer | Asked in Employment Law and Immigration Law for Florida on
Q: Is there a way for me to leave my job and stay in the country to take care of my baby?

I am on an L1A visa and my husband L2A since Nov 2022. We had a baby Nov 2023 and bought a house also. I’m not able to work full time and take care of my baby.

James L. Arrasmith
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answered on Apr 3, 2024

As an L1A visa holder, your status is tied to your employment with the company that sponsored your visa. If you leave your job, your L1A status will no longer be valid, and consequently, your husband's L2A status will also be affected. However, there are a few potential options you can... View More

1 Answer | Asked in Probate for Florida on
Q: FLORIDA PROBATE INTESTATE Is the PR required to have state certified appraisals on real estate for INVENTORY LIST?

There are 4 real-estate properties plus the homestead house.

James Clifton
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James Clifton
answered on Apr 2, 2024

There is no legal requirement that the personal representative have appraisals done on the property at the time of filing the inventory unless ordered by the judge. However, if there is any doubt as to the value asserted in the inventory, you will want to file an object to the inventory asserting... View More

3 Answers | Asked in Personal Injury, Collections, Juvenile Law and Education Law for Florida on
Q: Hi, Who is responsible for my 14 child's medical bills (No Insurance)when he was bit by a rattlesnake inside his school.

I did not have insurance at the time due to a lapse during a job change. I am being sued for $40k in medical bills but I believe the school should be responsible.

Stephen Arnold Black
Stephen Arnold Black
answered on Apr 2, 2024

A school has a legal duty to make sure their premises is safe for students that attend. If the school was on actual/constructive notice that a rattlesnake was crawling around the property, (and failed to take corrective action), then the school would be liable. This would depend on the unique facts... View More

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3 Answers | Asked in Personal Injury, Collections, Juvenile Law and Education Law for Florida on
Q: Hi, Who is responsible for my 14 child's medical bills (No Insurance)when he was bit by a rattlesnake inside his school.

I did not have insurance at the time due to a lapse during a job change. I am being sued for $40k in medical bills but I believe the school should be responsible.

Tim Akpinar
Tim Akpinar
answered on Apr 7, 2024

If the school was negligent and you could demonstrate it, they could be liable for the bills. If they do not step up to the plate, it's likely you would need to bring legal action. If you have to file a lawsuit, you're probably looking at very short windows of time to take action (notice... View More

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2 Answers | Asked in Legal Malpractice and Personal Injury for Florida on
Q: Can I sue for legal malpractice if my attorney accepts an offer without my consent and/or negligence?
Charles M.  Baron
Charles M. Baron
answered on Apr 1, 2024

If your attorney accepts a settlement offer without your consent, your first move should be to determine if the settlement can be revoked, either with the opposing party's consent or instead via a motion to the Court. First speak to your attorney who's been representing you in the case... View More

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2 Answers | Asked in Criminal Law, Civil Litigation, Civil Rights and Constitutional Law for Florida on
Q: Am I allowed to use Official Police body cam on social media if I'm reporting misconduct of the police in Florida?

I'm wanting to put together a body cam video of clips from several different police body cam videos in Florida from numerous police encounters with an individual and put it on social media since they are continually harassing this individual. Am I legally able to do so if I have all these... View More

James L. Arrasmith
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answered on Apr 1, 2024

In Florida, body camera footage is considered a public record and is generally accessible to the public, with some exceptions. However, there are certain considerations and potential limitations you should be aware of before using this footage on social media:

1. Obtaining the footage: You...
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2 Answers | Asked in Criminal Law, Civil Litigation, Civil Rights and Constitutional Law for Florida on
Q: Am I allowed to use Official Police body cam on social media if I'm reporting misconduct of the police in Florida?

I'm wanting to put together a body cam video of clips from several different police body cam videos in Florida from numerous police encounters with an individual and put it on social media since they are continually harassing this individual. Am I legally able to do so if I have all these... View More

Charles M.  Baron
Charles M. Baron
answered on Apr 1, 2024

The answer depends on whether the footage is officially public record at this time, as well as on what you mean by "reporting misconduct". Generally, any official public records may be shared on social media. However, if you were to edit/compile the footage in a way that is not exactly... View More

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1 Answer | Asked in DUI / DWI for Florida on
Q: what will be my probable outcome of a first offense DUI with a .3 BAC and a car accident?
Rod Caruco
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answered on Apr 1, 2024

The answer varies, but depending on the specific facts, the consequences could be quite serious. This includes potential jail time, fines, costs, and more. There may also be a negative impact on your driving privileges. There are ancillary costs too, such as increased insurance rates, higher... View More

1 Answer | Asked in Construction Law and Landlord - Tenant for Florida on
Q: They are building a new complex next to mine, the Construction often starts at 5am. I don't want to pay my full rent.

It's been going on for nearly 2 years now. Theres always dust in my apt, i cant ooen the windows etc. BUT Since the holidays they have been starting Construction at 5am a few times per week. Other tenants here have called the police but it still happens. I have videos and photos of the... View More

James L. Arrasmith
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answered on Mar 31, 2024

I understand your frustration with the ongoing construction and the negative impact it's having on your quality of life in your apartment. The early morning noise, dust, and inability to open windows are all valid concerns. Here are a few steps you can consider taking:

1. Review your...
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1 Answer | Asked in Consumer Law, Personal Injury and Landlord - Tenant for Florida on
Q: Violation of Florida's Implied Warranty of Habitability and Section 83.64 Prohibited Practices

- Maintenance requests ignored, leading to uninhabitable living conditions

- Retaliatory conduct by maintenance personnel, including threats and property damage

- Misrepresentation of completed repairs, non-compliance with the Broward electrical code

- Ongoing and severe... View More

James L. Arrasmith
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answered on Mar 31, 2024

Based on the information you've provided, it appears that you and your fellow tenants are dealing with a serious violation of your rights as renters in Florida. The issues you've described - ignored maintenance requests, retaliatory conduct, misrepresentation of repairs, severe mold... View More

1 Answer | Asked in Real Estate Law and Contracts for Florida on
Q: What forms/documents I need to pay the neighbor downstairs for bathroom toilet leak?

Hello,

I have a neighbor downstairs who said a few months ago that there was a damage to her ceiling because of leak from my bathroom. I 'm an the owner of unit upstairs. I called the plumbing company then 6 months ago and they did water test in my apartment. Her bathroom ceiling was... View More

Tim Akpinar
Tim Akpinar
answered on Mar 31, 2024

A Florida attorney could advise best, but your question remains open for three weeks. At the very least, you'd probably want to use a release. Generally speaking, that's a form a claimant signs to confirm that they accept a certain sum of money to settle a claim. A local attorney who... View More

1 Answer | Asked in Landlord - Tenant for Florida on
Q: I was living with a friend with no lease sh Er kicked me out and destroyed my property. Can I have her arrested?

We had a disagreement I left she immediately started destroying my property and throwing it out in the yard. I tried to retrieve my things she had me trespassed and continues to destroy my property. Law says I can't do anything as far as criminal charges on her.

James L. Arrasmith
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answered on Mar 31, 2024

I'm sorry to hear about your difficult situation. However, based on the information you've provided, there may be some legal recourse available to you, even if criminal charges are not an option.

1. Civil lawsuit: You may be able to file a civil lawsuit against your former friend...
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1 Answer | Asked in Landlord - Tenant for Florida on
Q: Can my apartment be rented to someone else before our lease is up?

We initially Gave them 60 day notice (that they require) to vacate, Anticipating that would move when lease expires on March 18. Unfortunately were unable to secure a place, so we decided to renew it as it is only March 11. When we went to office today we were informed that they rented our... View More

James L. Arrasmith
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answered on Mar 31, 2024

I'm sorry to hear about your difficult situation. The laws regarding your rights as a tenant can vary depending on the specifics of your lease agreement and local landlord-tenant laws. Here are a few key points to consider:

1. Notice of intent to vacate is generally not binding until...
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1 Answer | Asked in Landlord - Tenant for Florida on
Q: County demolished the house I lived in without notice can I sue them to try and recoup some of my losses.

The house I had lived in for the past 12 years was recently demolished by the county due to code enforcement violations which the owner of the property had not taken care of over the course of several years despite code enforcements repeated efforts to get him to comply. Unfortunately I and the... View More

James L. Arrasmith
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answered on Mar 31, 2024

Based on the information you've provided, it seems the county may have violated your rights as a tenant by not providing adequate notice before the demolition. In most jurisdictions, tenants are entitled to proper written notice to vacate, usually 30-60 days, even if the property owner is not... View More

1 Answer | Asked in Criminal Law, Real Estate Law, Arbitration / Mediation Law and Landlord - Tenant for Florida on
Q: What do you do if forced. Under the threat of of bodily and family harm to sign a Florida quick deed?

I was forced to sign a quick deed to property that I own. By a Ex-prison con artist who kept threatening my and still is threatening my family. What can I do?

James L. Arrasmith
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answered on Mar 30, 2024

If you were coerced into signing a quitclaim deed under threats, it's important to take immediate action to protect yourself and your family. The first step is to contact law enforcement to report the threats and the coercion. They can offer protection and advice on how to proceed safely.... View More

1 Answer | Asked in Landlord - Tenant for Florida on
Q: Can the Landlord change his mind after we both signed the lease and he except the security deposit rent to someone else

Not two weeks ago we both signed the lease took it to section 8 they say 14 business days for you inspection now the landlord said he want to rent to someone else I'm a disabled senior with medical conditions this is no acceptable to be treated like this

James L. Arrasmith
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answered on Mar 30, 2024

Once a lease agreement is signed by both the landlord and the tenant, it becomes a legally binding contract. This means that both parties are obligated to adhere to the terms set forth in the lease. If your landlord attempts to rent the property to someone else after signing the lease with you and... View More

1 Answer | Asked in Patents (Intellectual Property) and Intellectual Property for Florida on
Q: Would like know if patent on sealed wafer ice cream sandwich that is partitioned into multiple breakaway segments exists

This would be an ice cream confection product that is completely sealed by two eatable wafers. These wafers would have multiple pockets that hold and seal the ice cream and can be broken apart and shared without exposing the ice cream or making a mess. This ice cream confection product would... View More

James L. Arrasmith
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answered on Mar 29, 2024

Your concept of a sealed wafer ice cream sandwich with multiple breakaway segments is quite innovative, focusing on a neat, shareable, and melt-resistant design. Upon reviewing patents related to ice cream products, it appears that while there are numerous patents concerning ice cream sandwiches... View More

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