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Florida Questions & Answers
1 Answer | Asked in Consumer Law, Civil Litigation and Contracts for Florida on
Q: Purchased car advertised as clean title, found salvage with misfiring engine.

I purchased a 1999 Porsche 986 a couple of months ago from a seller who recently moved to Florida from Kansas. He advertised the vehicle as having a clean title and a perfectly running engine. However, I later discovered the title is salvage and the engine started misfiring the night I brought the... View More

Erik A. Perez
Erik A. Perez
answered on Mar 25, 2025

Was there a contract signed related to the transaction or at the very least an email reflecting those terms? If not, you may still have a viable claim against the seller, but it will ultimately be a he said/ she said situation and likely no ability to recover attorneys fees. It may not be a lawsuit... View More

1 Answer | Asked in Business Law and Personal Injury for Florida on
Q: Am I liable if an unregistered association I belong to in Florida gets sued?

I am a member of a woodworking association in Florida, which is not a registered entity. There are no signed agreements for members, and I am concerned about personal liability if the association gets sued, especially in cases involving injuries from tools like saws. As just a member with no... View More

Charles M.  Baron
Charles M. Baron
answered on Mar 25, 2025

An association that is not a registered legal entity (such as corp. or LLC) is not an entity that has the legal capacity to be sued - it's simply a group of individuals associating with each other, and therefore, there is potential liability for each and every individual that can be accused of... View More

1 Answer | Asked in Gov & Administrative Law and Real Estate Law for Florida on
Q: Are political flags considered political signs under our association's deed restrictions?

I live in a community with a 617 Association that bans political signs except during elections. A resident is displaying a Trump flag, arguing that the prohibition on "signs" does not apply to flags as there are no definitions provided in the association's documents. The association... View More

Barbara Billiot Stage
Barbara Billiot Stage
answered on Mar 24, 2025

That's a question for the association's attorney. I have always taken the position that if it has words on it the classification would be it's a sign, similar to a banner. Also, the only flags that are protected under Chapter 720, if you are a mandatory homeowners'... View More

1 Answer | Asked in Child Custody and Civil Litigation for Florida on
Q: Clarification on jurisdiction in timesharing case after SWAT raid.

I filed an Emergency Motion to Stop Timesharing due to concerns about my children's safety, as their father's house was raided by Lake County SWAT and he has been using drugs. The court's order mentions that I failed to state a cause of action for jurisdiction to modify timesharing,... View More

Rand Scott Lieber
Rand Scott Lieber
answered on Mar 24, 2025

Is there a current order on timesharing? If yes, what court issued that order? That is where you would need to file your motion to modify the current court order based on the "best interests of the child." If you have never been to court or if there is no court order then you need to file... View More

1 Answer | Asked in Car Accidents, Real Estate Law and Personal Injury for Florida on
Q: Can I be compensated for car and house damage caused by another driver?

My parked car and house were damaged by another driver who was at fault and has insurance. A police report was filed, but I haven't contacted my own insurance company yet. Will I be able to be compensated for those damages?

Charles M.  Baron
Charles M. Baron
answered on Mar 24, 2025

Yes, and the first step is to set up a claim with that driver's insurance company. You must obtain repair estimates for all damages, and if the limits of that driver's policy are not sufficient to cover your entire repair cost (both home and car), you can look to your own insurance... View More

1 Answer | Asked in Criminal Law for Florida on
Q: What happens with a warrant for a first VOP due to technical violations in Florida?

I was arrested on a first charge for possession of a controlled substance and now have a warrant for my first violation of probation (VOP). Although the violations are technical, they have been written up as a material violation. Could you explain what typically happens in this situation and how I... View More

Drew  Fritsch
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Drew Fritsch pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 23, 2025

The answer to your question would require a little more information. It sounds like you are on felony probation and allegedly violated some conditions not indicating a new arrest. If the warrant has already issued it will likely have a bond recommendation which more often than not is a no bond... View More

2 Answers | Asked in Business Formation, Business Law, International Law and Real Estate Law for Florida on
Q: Can an unregistered foreign company conduct rent-to-own leases for trailers in Florida?

I am wondering if a foreign company, which is not registered in its own state or in Florida, is allowed to engage in rent-to-own leases for equipment trailers in Florida. The company has already conducted several such transactions in Florida. Are there legal requirements or risks involved with not... View More

Keith Kanouse
Keith Kanouse
answered on Mar 23, 2025

Yes. Even though your business is out of state, you may be required to register to do business in Florida as a foreign business entity with the Florida Department of State, Division of Corporations and/or file tax in Florida. Some common examples of activities that create a business connection... View More

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3 Answers | Asked in Probate and Civil Litigation for Florida on
Q: Options to recover shared expenses as personal representative in Florida estate.

I was named the personal representative in my mother's will in Florida, which gave me the authority to make decisions about the estate. The will also specified that estate-related expenses, including burial and funeral costs, were to be shared by both beneficiaries, myself and my sibling.... View More

Phillip William Gunthert
Phillip William Gunthert
answered on Mar 22, 2025

You should have submitted and claimed all of these expenses with receipts with the probate court during the probate, where was your probate attorney while this was going on? You may have to try to go back and reopen probate and get it addressed there, or you may have to try to file a lawsuit in a... View More

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3 Answers | Asked in Probate and Civil Litigation for Florida on
Q: Options to recover shared expenses as personal representative in Florida estate.

I was named the personal representative in my mother's will in Florida, which gave me the authority to make decisions about the estate. The will also specified that estate-related expenses, including burial and funeral costs, were to be shared by both beneficiaries, myself and my sibling.... View More

Lauren Nagel Richardson
Lauren Nagel Richardson
answered on Mar 23, 2025

If there are no non-exempt assets, there are no assets from which the Court would enter an order directing that you be reimbursed, the reason being that the probate court only has jurisdictions over the assets of the estate. So, yes, the Court does order that the heirs pay any debts for which... View More

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2 Answers | Asked in Nursing Home Abuse and Personal Injury for Florida on
Q: How can I sue a nursing home for neglecting my grandmother in Florida?

I want to sue a nursing home for neglect of my grandmother. She was there for one week and ended up with bruises, a UTI, dehydration, and was left in dirty diapers for extended periods. She claims she was "manhandled" by four employees, and staff hid her cellphone to prevent her from... View More

Charles M.  Baron
Charles M. Baron
answered on Mar 21, 2025

Sorry to hear about your grandmother's horrible ordeal. She has a potential claim for substantial money damages, which must be handled by an attorney. Promptly pick up the phone and call a lawyer who is in the County where the nursing home is to schedule a free consultation, either in person... View More

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2 Answers | Asked in Nursing Home Abuse and Personal Injury for Florida on
Q: How can I sue a nursing home for neglecting my grandmother in Florida?

I want to sue a nursing home for neglect of my grandmother. She was there for one week and ended up with bruises, a UTI, dehydration, and was left in dirty diapers for extended periods. She claims she was "manhandled" by four employees, and staff hid her cellphone to prevent her from... View More

Charles "Kip" Sinclair
Charles "Kip" Sinclair
answered on Mar 22, 2025

If they caused your grandmother any permanent injuries, then you can sue the nursing home on her behalf. Look for severe dehydration, malnutrition, weight loss, falls with injuries or any pressure ulcers.

If so, call and consult with a nursing home lawyer.

Sorry about what...
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1 Answer | Asked in Car Accidents, Consumer Law and Insurance Defense for Florida on
Q: Received $1800 invoice for damage after rear-ending a rental car.

I was driving a rental car and rear-ended another driver who was also in a rental—specifically, a loaner from a dealership. The damage appeared minimal at the time, and we exchanged information. Recently, I received an invoice for $1800 from a body shop regarding the other driver's vehicle.... View More

Tim Akpinar
Tim Akpinar
answered on Mar 21, 2025

A Florida attorney could advise best, but your question remains open for a month. I'm sorry about your accident. I hope all involved are okay. A starting point could be to review the terms of your rental and what it covers in terms of property damage. Based on the facts the post, it isn't... View More

1 Answer | Asked in Probate and Real Estate Law for Florida on
Q: How can I restore the homestead exemption and address increased property taxes after inheriting a Florida homestead in 2024?

I inherited a Florida homestead legally through probate court in 2024. I was already residing in the home with my mother before she passed away, and this is my permanent residence. However, the homestead property tax exemption was removed because the property appraiser claimed I did not own the... View More

Phillip William Gunthert
Phillip William Gunthert
answered on Mar 21, 2025

If the probate had been done and completed and the property transferred to you via Petition to Determine Homestead Status of Real Property, you should be able to record the court order and that will prove your ownership and you can apply for Homestead for tax purposes, you will not be able to carry... View More

1 Answer | Asked in Probate and Real Estate Law for Florida on
Q: How can we claim unclaimed property in Florida without probate or a will?

My father passed away in 2018 while living in Panama City, Florida. There is no record of a will or probate case. I recently discovered that he has unclaimed property (a checking account) listed with the Florida unclaimed property division. I live in California, and I have one brother—there are... View More

Phillip William Gunthert
Phillip William Gunthert
answered on Mar 21, 2025

Generally, when there is no Will, the Florida Intestate Statutes (without a Will) are going to apply, this usually means to the surviving spouse, the children in equal shares and so forth according to Florida Statute. Whether a probate is required the Florida Department of Financial Services will... View More

1 Answer | Asked in Tax Law and Business Formation for Florida on
Q: Are we still tax-exempt after not filing 990N since 2018?

I have a 501(c)(7) Not for Profit Corporation that last filed a 990N with the IRS in 2018, which provided us with a tax-exempt ID number. Since we have not filed since then, I am concerned whether we are still considered tax-exempt and what steps we need to take to maintain or regain our tax-exempt... View More

Sam Houston
Sam Houston
answered on Mar 20, 2025

Your 501(c)(7) tax-exempt status may have been automatically revoked due to your failure to file the entities tax return for three consecutive years. Section 6033(j) of the Internal Revenue Code states (in so many words) that a tax-exempt organization's status can be automatically revoked if... View More

2 Answers | Asked in Constitutional Law and Appeals / Appellate Law for Florida on
Q: Recent rulings in Marcus Mays PRR case by Florida Supreme Court?

I am looking for recent rulings in the Marcus Mays case by the Florida Supreme Court concerning the unconstitutionality of the PRR, which might make his sentence illegal. This is important to me because I am facing a similar situation.

Jeffrey H. Garland
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Jeffrey H. Garland
answered on Mar 19, 2025

I looked at the Marcus Maye decision in the district court and listened to the recent oral argument before the Fla S Ct. The DCA opinion reviewed the denial of relief filed by a person whose case is from 2003. The DCA said PRR sentence was good. Fla S Ct oral arguments dealt with issues such as... View More

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1 Answer | Asked in Car Accidents, Insurance Defense and Personal Injury for Florida on
Q: Unauthorized driver totaled my car in accident; other driver at fault. What should I do?

I lent my car to my cousin while he was visiting for the weekend. His friend took my car without permission and was involved in a car accident, totaling the vehicle. The police are not aware of the unauthorized use, as my cousin did not report it. The other driver was at fault, but the unauthorized... View More

Charles M.  Baron
Charles M. Baron
answered on Mar 19, 2025

I assume you have made total disclosure to your insurance company of the facts. If not, you need to do so immediately. I'm guessing from your description that the unauthorized individual is attempting to receive the PIP benefits under your policy for payment of medical bills and/or is... View More

3 Answers | Asked in Estate Planning, Probate and Civil Litigation for Florida on
Q: What actions to take if family hides wealthy father's will and leaves me nothing?

My father, who was very wealthy, had a will, but my family hid it and took everything he owned, leaving me with nothing. I haven't spoken to a lawyer or taken any legal action yet. What can I do in this situation?

Phillip William Gunthert
Phillip William Gunthert
answered on Mar 19, 2025

I am very sorry for your, please accept my condolences for you and your family at this difficult and sad time.

If there is a Will, Florida Statute requires that they submit it to the clerk of the court within 10 days if this is in the State of Florida.

If no probate was commenced,...
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3 Answers | Asked in Criminal Law and White Collar Crime for Florida on
Q: Facing 141 felony counts for theft; is jail time likely?

My friend is facing 141 felony counts of scheme to defraud for stealing around $28,000 from work, grand theft, and use of a 2-way communication device in Florida. He has no prior record but was charged with possession of cannabis and attempted escape afterward. He is represented by a public... View More

Jeffrey H. Garland
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Jeffrey H. Garland
answered on Mar 19, 2025

Yes, he’s looking at jail or prison time. Actually, his maximum exposure exceeds 500 years. If he’s innocent, he could go to trial for the theft charges. But the escape and marijuana charges are likely not directly related to the thefts. Hence, he could get off the theft charges and still have... View More

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3 Answers | Asked in Criminal Law and White Collar Crime for Florida on
Q: Facing 141 felony counts for theft; is jail time likely?

My friend is facing 141 felony counts of scheme to defraud for stealing around $28,000 from work, grand theft, and use of a 2-way communication device in Florida. He has no prior record but was charged with possession of cannabis and attempted escape afterward. He is represented by a public... View More

Leonard Louis Cagan
Leonard Louis Cagan
answered on Mar 19, 2025

The basic answer is Yes. The more precise answer would be dependent on the scoresheet as calculated by the State Attorney's office. Different Judges and Jurisdictions may differ some, but I find it difficult to believe that such a high number of charges would not result in some jail/prison... View More

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