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1 Answer | Asked in Medical Malpractice for Texas on
Q: Trying to see if I can sue for male practice

I had surgery on my hand for corporal Tunnel and trigger finger now my finger won’t make a fist

John Michael Frick
John Michael Frick
answered on Jan 14, 2025

The first thing you must do is take all of your relevant medical records to another surgeon in the same medical specialty and who is licensed in Texas to determine if the first surgeon who did your surgery did or failed to do something in breach of the standard of care that is the proximate cause... View More

1 Answer | Asked in Real Estate Law for Texas on
Q: How do roadway easements work in private property...

In the state of texas we have a undivided interest piece of property going to be divided into three different family member sections.. THere is an existing public road adjacent to Family Member A... There is an existing gravel road that goes through Familly Member A, B & C new property.. I am... View More

Anthony M. Avery
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Anthony M. Avery pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jan 14, 2025

All tenants in common should hire a TX attorney. A survey may be needed, but in any event the joint and permanent use easement must be described, and should have monumented corners. Maintenance responsibility should be stated. All TIC's agree by notarized signatures on the Joint... View More

1 Answer | Asked in Criminal Law for Texas on
Q: My son was searched my a manager at an olive garden apon entering for some dinner is that legal
John Michael Frick
John Michael Frick
answered on Jan 14, 2025

There are really two possibilities:

1. Your son did not consent and the manager assaulted your son.

2. Your son consented and allowed the manager to search him.

A restaurant manager has no effective way of searching a guest without the guest's consent other than by...
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1 Answer | Asked in Estate Planning for Texas on
Q: I live in Texas Can I do a trust to put my house in without paying for a lawyer Kindly Mrp
Ronald Lee Baranski Jr
Ronald Lee Baranski Jr
answered on Jan 13, 2025

Yes there are various online programs that can assist you in drafting a trust. As an attorney I will tell you that most I review dont end up being written to meet my clients goals because there are so many potential options for a client to choose in these programs. If you are ok without knowing... View More

1 Answer | Asked in Real Estate Law and Probate for Texas on
Q: This is to clarify whether I own partial of the house that parent's has since they passed and my name was on the deed.

Well, I was the co-borrower of my parent's house thus my name remain on the deed;however, my siblings are question I own more portion of the house since I was already a co-owner before my parent's passed.

James Clifton
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James Clifton
answered on Jan 13, 2025

Your exact percentage depends on how the deed was worded. If it was a joint tenancy with right of survivorship, you own the entire property. If it was tenancy in common, you own your portion plus a portion of your parents part if they died without wills. Schedule a free consultation to have your... View More

2 Answers | Asked in DUI / DWI and Civil Rights for Texas on
Q: If blood is drawn before warrant is issued is it admissable in court
Jim  Butler
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answered on Jan 13, 2025

So was there a warrant for the blood draw, but the blood draw took place before the warrant was actually signed? I need more information to better answer your question. Nowadays where search warrants are sworn out over the phone, and fax machines are employed - mistakes in procedure can happen. The... View More

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1 Answer | Asked in Criminal Law and Cannabis & Marijuana Law for Texas on
Q: will a possession of marijuanna arrest without a conviction keep me from obtaining a massage therapy instructor license?

i was arrested in 2018 i completed pre-trial diversion and am eligible for expungement but it has not happened yet because of financial barriers. i have had no subsequent legal troubles or arrests. i have been a licenced massage therapist for over 10 years with no issues in retaining my license... View More

John Cucci Jr.
John Cucci Jr. pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jan 10, 2025

If you completed your DIVERSION program "satisfactory" and the judge told you in court, that your weed case was dismissed, then your application for a massage Instructor, will not be stopped or hurt, due to your past criminal charges. You should get the expungement as soon as you can.... View More

1 Answer | Asked in Real Estate Law for Texas on
Q: Foreclosure for property tax default is there a 2 yr right of redemption if notice was only served by mail or newspaper

Title company wants to add this exception to my coverage in Schedule B of the title commitment citing " Rights of parties served by publication to file a motion for a new trial at any time within 2 years from the date of the tax judgment in the suit. This is a vacant property already sold to... View More

John Cucci Jr.
John Cucci Jr. pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jan 9, 2025

You are correct in your reading of the redemption laws. However, there have been some cases, through appellate courts, that have given the person who lost their property, via tax sale, that were given a 2-year redemption period if the property was their last home. Regardless of whether or not, they... View More

1 Answer | Asked in Criminal Law for Texas on
Q: I’m appealing the district court denying my in forma pauperis request saying it’s taking in bad faith

I’m appealing the district court denying my in forma pauperis request saying it’s taking in bad faith..it say to prove it’s not taking in bad faith This court must determine whether Anderson has raised any “legal points arguable on their merits (and therefore not frivolous)

John Michael Frick
John Michael Frick
answered on Jan 9, 2025

Yes, a district court may dismiss an action when an inmate requests to proceed in forma pauperis if the Court finds that the claim is frivolous or malicious.

Section 14.003(b) provides:

In determining whether a claim is frivolous or malicious, the court may consider whether:...
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2 Answers | Asked in Estate Planning and Real Estate Law for Texas on
Q: I have lived in Texas since 1978. Since I have lived here, i have always used the same address of my first home.

Before my ex passed he filled out a TODD agreement. He left my daughter and I the beneficiarys of the house I lived he and I lived in . All proper notarizings and flings were done., including the affidavit of death.

Just this month, I was married to my longtime boyfriend. Before we were... View More

Isaac Shutt
Isaac Shutt
answered on Jan 9, 2025

I think everything in the above answer is correct, and it answers your question. HOWEVER, you should definitely consider getting a Post-Marital Property Agreement with your new husband.

Your home is your separate property, which means that your new husband wouldn't have any claim to it...
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1 Answer | Asked in Employment Law for Texas on
Q: I've been working with a company as an independent contractor for 3 years. But I believe I'm an employee.

Paid directly through zelle

Had a company card

Traveled with them

Travel expenses and perdeim paid. Including flights rentals corporate Housing.

I used tools paid for by them for jobs

Requested time off

John Michael Frick
John Michael Frick
answered on Jan 8, 2025

A worker is an employee if the purchaser of that worker's service has the right to direct or control the worker, both as to the final results and as to the details of when, where, and how the work is done. Control need not actually be exercised; rather, if the service recipient has the right... View More

1 Answer | Asked in Criminal Law for Texas on
Q: Can you report an attempted assault with a deadly weapon after the offense has occurred? 7-8 months ago
John Michael Frick
John Michael Frick
answered on Jan 8, 2025

Yes. The statute of limitations has not yet expired.

But the length of time between the assault and report may very well cause law enforcement not to forward your case to the district attorney and may very well cause the district attorney not to file the case unless there is a very good...
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1 Answer | Asked in Medical Malpractice for Texas on
Q: I'm wondering if I have a case.

I had a third degree perineal tear which took three tries to close. The first attempt was after delivery, four weeks later i was stitched in office they reopened within the week. A third attempt was made but i stopped the doctor due to the excruciating pain of it being done in office which is when... View More

John Michael Frick
John Michael Frick
answered on Jan 8, 2025

Your "belief" alone is not enough.

Get an examination by a different OB/GYN for the purpose of obtaining a medical opinion whether you were given an extra, medically unnecessary stitch in the procedure to close the perineal tear. If you were in fact given an extra, medically...
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1 Answer | Asked in Family Law and Real Estate Law for Texas on
Q: I want to sell my portion of my mom's house she passed away last year my sisters name is on half the property how

Do I do that my sister is trying to take over the house but she is trying to sell it out from under us my mom put her name on the deed with her to be responsible they went in and tore every thing out of the house me and my brother want to sell my mom's half what do I need to do there was no... View More

James Clifton
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James Clifton
answered on Jan 8, 2025

It depends on how the deed with your mother and sister on it was written. If they were on the deed as joint tenants with right of survivorship, you do not have any interest in the property as it would have passed entirely to your sister at the time of your mother's death. If they were on the... View More

1 Answer | Asked in Business Formation and Business Law for Texas on
Q: My lawyer has been hospitalized. I need my corporate binder. Brother has the binder. Can he return it to me?

My lawyer has my company’s corporate binder in his house. He recently had an accident leaving him hospitalized for the past 6-7 weeks. He’s 79 years old and has been a family friend (and lawyer) for years. His brother (who I speak with regularly) has located the binder but wants to make sure... View More

John Michael Frick
John Michael Frick
answered on Jan 8, 2025

The person named as the "secretary" of the corporation has the legal obligation to maintain the official records formerly customarily kept in a corporate binder. If you are the corporate secretary and hired the lawyer to keep the binder, you have right to demand it regardless of whether... View More

1 Answer | Asked in Personal Injury and Civil Litigation for Texas on
Q: Is it normal for an attorney/law firm to ignore motions and notices in a civil case?

My wife and I were sued by someone who fell from a ladder at my current home while installing Xmas lights 2 years ago. We didn't own the home at the time of this accident so we're clearly not responsible here. At first I was confused and since they had improperly listed the venue as the... View More

John Michael Frick
John Michael Frick
answered on Jan 8, 2025

No, this is not normal. The fact that the law firm sued the wrong person in the first place is your first clue that the lawyer handling the case on behalf of the plaintiff is careless. The fact the lawyer waited until the last day to serve disclosures and did a poor job is another.

In...
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1 Answer | Asked in Workers' Compensation for Texas on
Q: I've been working with a company as an independent contractor for 3 years. But I believe I'm an employee.

Paid directly through zelle

Had a company card

Traveled with them

Travel expenses and perdeim paid. Including flights rentals corporate Housing.

I used tools paid for by them for jobs

Requested time off

S. Michael Graham
PREMIUM
S. Michael Graham
answered on Jan 8, 2025

Worker's compensation attorneys deal with job injuries and the medical and income benefits that arise out of the work accident. Your question would probably be better put to a Labor and Employment attorney. With that said, the question of employment status deals with the facts of your case.... View More

1 Answer | Asked in Criminal Law for Texas on
Q: Is there anything that can be done for an attempted assault with a knife that happened in the past?

Happened between a father and son, son is an adult. Father got upset at son and told him to get out of his house as he approached son with a knife. This occured after Son tried to explain what he was doing to clean house before guests arrived. Son had to physically attempt to remove weapon for fear... View More

John Cucci Jr.
John Cucci Jr. pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jan 8, 2025

I assume the son was charged with a crime.

The best way to handle things is to get a witness or the victim to HAND-WRITE their statement stating exactly what you have told us at Justia. That should help. But do not do anything without the approval of your attorney. There are always things...
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2 Answers | Asked in Real Estate Law for Texas on
Q: 15 acre property. Cost and how to partition & cost of mediation? Can one sell their portion or sign over their portion?

Wife wants to sell, aunt does not. Land locked. In Seguin. One cash offer on table but aunt doesn't want to sell because she feels the offer is too low. Taxes from last year are owed. taxes have already increased but aunt won't budge after multiple conversations to get these taxes paid... View More

James Clifton
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James Clifton
answered on Jan 9, 2025

Partition lawsuits take a long time to resolve if the parties can't reach an agreement. It is hard to estimate the cost without knowing more details. If it is contested, the costs can get quite high. Mediation is typically an hourly expense and ranges from $1,000-$5,000 depending on how long... View More

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1 Answer | Asked in Child Custody and Family Law for Texas on
Q: Child custody when we live 3 miles apart.

when petitioning for divorce i was unaware of sole custody orders versus joint custody. Can this be modified prior to finalizing the divorce?

John Michael Frick
John Michael Frick
answered on Jan 7, 2025

A party can freely amend a petition for divorce up to seven days before trial unless another pleading deadline has been set by the court in a written order. While joint managing conservatorship is presumed to be in the best interests of the child, the court has the authority to award sole managing... View More

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