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Florida Municipal Law Questions & Answers
1 Answer | Asked in Consumer Law, Real Estate Law and Municipal Law for Florida on
Q: if a defendant did not answer a specific interrogatory - who do I make them answer.
Angelo "Tony" Marino Jr.
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answered on Apr 15, 2024

In Florida, you must first reach out to the defendant and try to resolve the matter; that is get him/her to agree to supply a better answer. If that does not work, then you need to do a motion to compel better answer(s) and send that along with a notice of hearing set before your judge. I suggest... View More

2 Answers | Asked in Civil Rights, Personal Injury, Gov & Administrative Law and Municipal Law for Florida on
Q: Can I sue a police department for not doing their job by not properly investigating a murder?

The case file in the beginning, ended up missing all the information given, and the second detective ended up with an empty case file, and no one knows where all the information went. There’s more to this as well.

James L. Arrasmith
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James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 28, 2024

Yes, you may have grounds to file a lawsuit against the police department for negligence or failure to properly investigate a murder. The mishandling of crucial case information, such as missing files and empty case folders, raises serious concerns about the department's handling of the... View More

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2 Answers | Asked in Civil Rights, Personal Injury, Gov & Administrative Law and Municipal Law for Florida on
Q: Can I sue a police department for not doing their job by not properly investigating a murder?

The case file in the beginning, ended up missing all the information given, and the second detective ended up with an empty case file, and no one knows where all the information went. There’s more to this as well.

Ben Bingham
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Ben Bingham
answered on Mar 7, 2024

Suing a police department for a failure in conducting a proper investigation, especially in a murder case, is a nuanced and intricate legal matter. While challenging, it's not impossible under certain circumstances.

Establishing a Breach of Duty: You'd need to prove that the...
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2 Answers | Asked in Contracts, Real Estate Law, Tax Law, Municipal Law and Civil Litigation for Florida on
Q: how many days do i have to answer a motion to compel discovery or any other motions? is there a statute or rule?

in florida collier county civil?

James L. Arrasmith
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James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 4, 2024

In Florida, the time you have to respond to a motion to compel discovery or other motions generally depends on the specific rules of the court in which the motion was filed. However, as a general guideline, you typically have 20 days to respond to a motion in Florida's state courts. This... View More

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1 Answer | Asked in Consumer Law, Real Estate Law, Tax Law and Municipal Law for Florida on
Q: if a defendant asks for the complaint to be dismissed at the beginning of the answers and setting their defenses is ther

anything that has to be answered to their defenses or proven or do we just move forward to discovery and setting a court date?

Angelo "Tony" Marino Jr.
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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

3 Answers | Asked in Family Law, Real Estate Law, Tax Law and Municipal Law for Florida on
Q: using the Fla. E-Filing Portal for interogatories i see only the "service of interogatories" on the collier clerk site

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

Rand Scott Lieber
Rand Scott Lieber pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
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.

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3 Answers | Asked in Family Law, Real Estate Law, Tax Law and Municipal Law for Florida on
Q: using the Fla. E-Filing Portal for interogatories i see only the "service of interogatories" on the collier clerk site

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

Jane Kim
Jane Kim pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
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

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2 Answers | Asked in Civil Litigation and Municipal Law for Florida on
Q: My neighbor has a speaker outside pointed at my house playing loud music 12 to 14 hours a day 7 days a week

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?

Charles M.  Baron
Charles M. Baron
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

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1 Answer | Asked in Gov & Administrative Law and Municipal Law for Florida on
Q: Can a local government backtrack on a written promise simply because the person holding a specific office changes?

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

Charles M.  Baron
Charles M. Baron
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

1 Answer | Asked in Business Law, Gov & Administrative Law and Municipal Law for Florida on
Q: Would a FL townhome that is rented out through Airbnb be characterized as a "public lodging establishment" per 509.242?
Adam Ira Skolnik
Adam Ira Skolnik
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

1 Answer | Asked in Civil Litigation and Municipal Law for Florida on
Q: What can be done if code enforcement officer will not enforce an invasive and costly violation?

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

Charles M.  Baron
Charles M. Baron
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...
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1 Answer | Asked in Gov & Administrative Law and Municipal Law for Florida on
Q: Trying to contact owner of abandoned vehicle or begin process of claiming said vehicle if no response.

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

Charles M.  Baron
Charles M. Baron
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

2 Answers | Asked in Criminal Law and Municipal Law for Florida on
Q: If I entered a gated community in Florida with no trespassing signs but didn’t enter anyone’s property is that trespass

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?

Barbara Billiot Stage
Barbara Billiot Stage
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.

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2 Answers | Asked in Criminal Law and Municipal Law for Florida on
Q: If I entered a gated community in Florida with no trespassing signs but didn’t enter anyone’s property is that trespass

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?

Barry W. Kaufman
Barry W. Kaufman
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.

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2 Answers | Asked in Civil Rights, Gov & Administrative Law and Municipal Law for Florida on
Q: No, only two names. One on birth cert. The other on ID's now expired. Can't do anything witout ID.

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!

Charles M.  Baron
Charles M. Baron
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

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1 Answer | Asked in Internet Law, Juvenile Law, Municipal Law and Civil Litigation for Florida on
Q: Do I need a consent form from a stranger to show them in a monetized YouTube video?

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

J. Tanner James
J. Tanner James
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

1 Answer | Asked in Real Estate Law, Collections, Gov & Administrative Law and Municipal Law for Florida on
Q: Can you have a daily accruing fine without notice for five years?

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

Bruce Alexander Minnick
Bruce Alexander Minnick
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

1 Answer | Asked in Civil Rights and Municipal Law for Florida on
Q: The mall next to my school won't let students get picked up or go there starting 2:40 to 5:30, but it's a public mall.

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

Bruce Alexander Minnick
Bruce Alexander Minnick
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

1 Answer | Asked in Civil Rights, Estate Planning, Construction Law and Municipal Law for Florida on
Q: In Eatonville FL, we need to know if there are exceptions for Code of Ordinances, sec. 60.77, such as noise or privacy.

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

Terrence H Thorgaard
Terrence H Thorgaard
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.

1 Answer | Asked in Contracts, Real Estate Law, Landlord - Tenant and Municipal Law for Florida on
Q: I signed a lease renewal now they've email me saying its a error with the price being lower then they mention i Orlando

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

Terrence H Thorgaard
Terrence H Thorgaard
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.

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