I was wearing a mask while residing at the shelter when one of the staff members told me to remove it and shortly after I contracted COVID from other Patrons at the shelter. Then they kicked me out of the shelter while I suffer from depression and anxiety causing me to mentally, physically and... View More
answered on Aug 20, 2023
Regarding the Covid issue, possibly, if it was foreseeable that you'd likely contract Covid if forced to remove your mask, and there was no rational justification to force mask removal. That may or may not be proveable. Regarding removal from the shelter, their reasons would have to be... View More
I have been attempting to schedule a special set hearing for a Motion to dismiss for a few months, but the opposing party continues to state they have COVID 19 complications and will not be able to present their opposing motion. Can I schedule the hearing? Or do I have to wait for the opposing... View More
answered on Jan 19, 2021
These are very unusual times--and thus require using unusual means to get things done in the judicial system.
I suggest re-filing your motion as an "Unconsented Amended Motion to Dismiss" together with a SEPARATE motion requesting a hearing date be set. Explain at the very onset... View More
The plaintiff would like to schedule a special set hearing, but my husband has contracted COVID 19 and is not able to participate in a hearing. I am attempting to assist so he does not lose the case. Do I have to select a date for him since he is not doing well due to COVID 19 or should we contact... View More
answered on Jan 17, 2021
The first step is to ask the other side to agree to a later date. If they agree, the problem is solved.
If they don't agree, and the other side goes ahead and notices the hearing, your husband would need to file a motion for continuance (postponement) of the hearing, and, if... View More
I had a special set hearing scheduled and the plaintiff filed a motion for an enlarged extension of time due to COVID 19. Can I make the plaintiff produce medical documentation if I believe they are lying and just attempting to delay the hearing?
answered on Jan 12, 2021
No. Teaching opportunity: The last thing any court wants to see in pro se litigation are pro se litigants expanding
very simple disputes into major litigation. You are trying to do something that (a) is not helpful to your case; (b) does not matter; and (c) might anger the judge. You can... View More
We live in Illinois. We booked a vacation rental property on Captiva Island for Mar 28-Apr 4, 2020. The rental was facilitated VRBO; actual booking was with Dream Vacation Rentals (DVR). We cancelled due to Covid. The Illinois governor issued a "no leisure travel" order on March 20.... View More
answered on Nov 16, 2020
This is a great question.
And actually the answer is simple.
Did the seller of the service perform? No.
Did you prevent the seller from performing? No.
Did you pay for a service and not receive it? Yes.
You are entitled to a full refund.
It gets... View More
wedding location in safety harbor, florida was booked before covid-19. Contract states no refunds, but due to the pandemic and rules over 10 guest are not allowed in a vacation rental in pinellas county...... I was told I could use the credit within a year of scheduled event that would have taken... View More
answered on Sep 25, 2020
The answer to this questions depends on what you want to do. On the one hand, if the contract clearly states that there would be no refunds in any circumstance, probably you cannot ask for a refund. However, if there is a force majeure clause or a similar clause making exception you could be able... View More
My ex boyfriend refused/refuses to return my fathers ashes. I live in Florida and he lives in Texas, and with the covid travel restrictions I cannot travel there to file a claim against him myself, but I’ve read an attorney can do so for me. He’s said the ashes were disposed of but I can’t... View More
answered on Jul 21, 2020
Whatever type of attorney is needed, he/she must be a member of the Texas Bar in order to represent you in Texas court. Unless your ex took the ashes from Fla. to Texas, he would have to be sued in Texas. Also, if Texas Court's operate the same as Florida's, you don't have to... View More
I am the plaintiff in a fraud case against a bank and other defendants. Defendants have justifiably submitted RFPs. Case began in 2017. My computers, phone and ipad were imaged to retain document integrity. My first law firm procrastinated providing any of my documents, emails, contracts and other... View More
answered on Jul 20, 2020
If your documents are on a hard drive it is likely there are alot of documents. Your attorney has to review and possibly redact information from your documents which would take considerable time. I do not know if your attorney has filed an objection to any of the documents requested since there... View More
Tenant told me my sublease is illegal and landlord doesn’t even know I live here. She gave me a notice to leave by May 30. Then verbally changed it to May 14... she won’t give me this is writing. THEN I heard her on the phone switching services back into the landlords name for the 11th. I’ve... View More
answered on May 10, 2020
Get an attorney, of course - not scrounge around for on-line advice. If you can't afford the hundreds and possibly thousands of dollars for representation by a private counsel, contact your local Legal Services or Legal Aid office - one of their main areas of work is landlord-tenant. If you... View More
A city and county forced all timeshares closed as part of their Covid-19 response. The state did not close timeshares via their directive. Our particular timeshare has each unit/week deeded and the owners pay their share of the relevant city/county taxes. The city and county have blocked owners... View More
answered on May 1, 2020
I agree with Mr. Minnick. You'd have to seek a Court ruling that the municipality's action is not legally valid, and to do that, you would need to challenge the constitutionality of the action. There are various "levels of scrutiny" that the Courts use to determine if the... View More
I have a court date for 4/13/20. I received a voice mail 4/3/20 from the judge's assistant requesting I call her back so that she can give me instructions on how to do to a telephonic appearance. I have not called back. If I don't call back for instructions, will the judge issue a default... View More
answered on Apr 7, 2020
If you were the judge in your case, wouldn't you rule against the party who was formally noticed for hearing and refused to communicate with the Court after the Court left a message on a working voicemail? If you do not cooperate, the Court will likely grant the summary judgment motion and... View More
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.