anything that has to be answered to their defenses or proven or do we just move forward to discovery and setting a court date?
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answered on Oct 23, 2023
I am not exactly sure what you are asking. I am assuming that a defendant has moved to dismiss a complaint, but I do not know if the motion was granted. A hearing on the motion to dismiss is heard before a judge. One can respond to the motion to dismiss in writing or just orally at the hearing.... View More 
on the docket it says on the service that they were emailed to the defendant. i was told by the clerk that if the actual interrogatories were uploaded on the mycourtaccess.com they would be available for public viewing. the "service of interrogatories" is visible on the docket but... View More
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answered on Oct 22, 2023
It is normal to to only e-file the notice of service of interrogatories and send the actual interrogatories to the relevant party directly. Likewise it is proper to e-file a notice of service of answers and then send the actual answers to the party that served the interrogatories.
on the docket it says on the service that they were emailed to the defendant. i was told by the clerk that if the actual interrogatories were uploaded on the mycourtaccess.com they would be available for public viewing. the "service of interrogatories" is visible on the docket but... View More
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answered on Oct 22, 2023
To add to Mr. L's accurate response, e-filing is the mandatory method of participating in the case. Once a document is e-filed there is no obligation to also share it via some other method. To participate in the case you must have your email registered in the case for that purpose. And Yes,... View More
He plays the music even when he's not home and he is never outside. Is there anything I can do? Isn't this considered harassments?
answered on Oct 6, 2023
Mr. Thorgaard gave a somewhat humorous but correct answer that you, as a non-lawyer, might not understand. You may be able to sue on the ground of nuisance - that is, to seek a court order to stop the nuisance activity and possibly for money damages. A lawyer letter threatening to sue for nuisance... View More
A City Manager put the decision on a specific matter in writing. This decision has been made following a discussion with the Legal team and had been confirmed by the mayor, also in writing. A new City Manager comes in and without any new data since the previous decision, reverses that decision, but... View More
answered on Sep 29, 2023
Probably the only way to get answers on this is to schedule a consultation with an attorney to review the matter in detail. Generally, a "promise" by anyone to do anything is not legally enforceable if not part of a legally binding agreement - but hearing the word "promise" in... View More
answered on Jul 19, 2023
Yes, pursuant to s. 509.242(1)(c) - Vacation rental.—A vacation rental is any unit or group of units in a condominium or cooperative or any individually or collectively owned single-family, two-family, three-family, or four-family house or dwelling unit that is also a transient public lodging... View More
Months ago, code enforcement officer gave violation notice to homeowner who was decreasing value of our neighborhood by violating an ordinance. Homeowner continued to violate ordinance; code enforcement was called again. This time the code enforcement officer sided with the violator for no good... View More
answered on Mar 19, 2023
First discuss with the head of code enforcement, and if no result, discuss with the local government head administrator (could be mayor or could be city/county manager) and/or the elected official representing your area on the local commission/council.
A potential legal action route might... View More
So I asked this question prior and it was removed so I have no idea why. I found an abandoned vehicle in a parking lot that I frequent. The vehicle is clearly abandoned and it’s down bad. Tags are many years expired, I contacted police and they said it’s not their problem. I’d like to contact... View More
answered on Jan 21, 2023
Since the vehicle is on private land, that landowner possesses the vehicle. The statutory procedures for acquiring title to abandoned property (including vehicles) would help you only if the vehicle were on public land. See Florida Statutes Chapter 705 at:... View More
If I entered a gated community, in Florida that has no trespassing signs, but did not enter anyone’s private property only hanged out on the communities playground and did not leave when asked by a homeowner is that considered trespassing?
answered on Jan 4, 2023
Yes. When there is a no trespassing sign at the front of the gated community, the entire community is a no trespassing area. You have absolutely no legal right whatsoever to enter the gated community. None. Don't go back, because you could (and should) be arrested for trespassing.
If I entered a gated community, in Florida that has no trespassing signs, but did not enter anyone’s private property only hanged out on the communities playground and did not leave when asked by a homeowner is that considered trespassing?
answered on Jan 4, 2023
Absolutely! Gated communities have private streets that are owned by the community. They do not need trespassing signs. The fact that there are gates are your notice you need to be an owner or invited into the community.
People...I have no ID and no entity will give me one. These True ID laws are the problem. Birth cert. name and SS# name are different, and I don't have current ID. STOPS EVERYTHING!
answered on Dec 12, 2022
You are apparently attempting to add to your prior post, but the way this Justia site works is that each time you post, it is viewed as a brand new post, seen by a different set of lawyers who may or may not overlap with the lawyers who saw your prior post. If you wish to follow up with the lawyer... View More
I'm planning on making YouTube videos in which I record conversations with people in public places (with a cashier, waiter, person at the park, etc.) and then use that clip to help teach people English by explaining the meaning of what I and the stranger said. My YouTube channel is... View More
answered on Sep 20, 2022
A signed release is always your best option. Depending on your location, you could be dealing with privacy laws AND publicity laws, and a failure to obtain a signed release could expose you to serious civil liability. Given the purported nature of your videos, I would imagine participants would... View More
I repaired a city code violation in an apartment I own as I normally would so that I could rerent the apartment, it was air conditioning problem. After five years without any notice and thinking the matter was taken care of, I received a letter from code enforcement saying that my daily accrued... View More
answered on Feb 16, 2022
I am unable to advise you on this important matter without first being able to see the original notice of code violation that you received from the city five years ago (you can request a copy) and reviewing the specific section of the Code(as it was five years ago) the city is using to try to... View More
I'm a senior in High school from Florida the Police won't let anyone in unless you're 18 and show your driver's license.
When I got a paper from our school telling us we couldn't go to the mall, the paper had no phone number and was not signed by anyone or the city.... View More
answered on Jan 19, 2022
The privately-owned mall you want to have fun in after school--and all other privately owned malls, shopping centers, grocery stores, shoe stores, movie theatres, tennis courts, golf courses, etc., are entitled to establish rules regarding public use of their private property. They are also allowed... View More
We live in a corner lot, and we would like to build a 6 foot fence on the property perimeter. We'd like to know how far can we take the fence to the line property, and if we can consider one of the "fronts" of a corner property as a "side". Only the "main"... View More
answered on Oct 26, 2021
The Eatonville Code of Ordinances is here:
http://eatonville-fl.elaws.us/code/coor
A brief review of it doesn't reveal any problem with what you want to do, but of course you should contact the Planning Department and get a permit. They should be able to guide you.
I signed a lease renewal also sent a updated renters insurance and now they're emailing saying that they made a error that rent will be 600 more then expect but they will take off 200 and a free carpet clean I'm only 26 stay sodo downtown Orlando i never had this happen and don't... View More
answered on Aug 10, 2021
It appears that they may not be able to enforce their demand for $600 more. You signed the lease and, apparently they received it so I would argue that they are stuck with you.
a set of plans which would result in the violation of the rights of the adjacent residents, could that be an actionable offense under 42 USC 1983 ?
answered on Jun 26, 2021
No, and you really need to schedule a consultation with a land use & zoning attorney to evaluate your situation and explain your legal rights. 42 U.S.C. Sec. 1983, which provides a legal cause of action for violation of Federal constitutional or statutory rights, does not apply to complaints... View More
No vehicle shall be parked anywhere but on
paved areas intended for that purpose. Parking on lawns or landscaped areas is prohibited,
unless specifically approved or designated for such purpose. Lot Owners' or Residents'
automobiles shall be parked in the garage or... View More
answered on Feb 9, 2021
That question is impossible to answer without seeing the plat and the location of your lot on the plat. While parking on roadways in front of your own house are generally permitted, there are exceptions for certain roadways and you cannot park on the roadway if you lot is located on one of the... View More
I read that Chapter 718 now requires condo associations to implement a website for the COA under 2018 changes to Florida law. I am president of a FL HOA governed by Chapter 720. I'm trying to locate the similar requirement under Chapter 720 law. Are HOAs also now required by law to... View More
answered on Dec 7, 2020
No, there is no requirement for HOAs to have a website. Chapter 720 is a little confusing because it requires a HOA to have their estoppel information on their website, but that has been interpreted to mean if they have a website it must include the estoppel information.
answered on Oct 15, 2020
Your inquiry is too vague as to the "interference" you are referring to.
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