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COVID-19 Florida Questions & Answers
2 Answers | Asked in Real Estate Law and Civil Rights for Florida on
Q: can a condo association ban a person from own unit for not wearing a mask
Barbara Billiot Stage
Barbara Billiot Stage
answered on Aug 4, 2020

It's depends on what you mean by "banning." The Condominium Act gives broad sweeping powers to the Board of Directors of a condominium association (COA) during a state of emergency. Those powers include the discretion to do what is necessary to protect the life, safety and health... View More

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1 Answer | Asked in Land Use & Zoning and Real Estate Law for Florida on
Q: Does HOA have to fix water issues on property they own?

My HOA owns the easement between my house and several neighbors. We all experienced flooding and property damage. We aren't allowed to touch it because they own it, but they refuse to make any repairs to the easement to ensure proper drainage.

Barbara Billiot Stage
Barbara Billiot Stage
answered on Jul 21, 2020

It depends on the nature of the easement and who owns the property versus who is the easement holder. An easement holder has rights to use the property for a particular purpose, but does not own the land. For instance, if they have a utility easement, they likely have no responsibility for... View More

1 Answer | Asked in Civil Litigation and Small Claims for Florida on
Q: What type of attorney would I retain for a small claims issue?

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

Charles M.  Baron
Charles M. Baron
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

3 Answers | Asked in Contracts, Business Law and Civil Litigation for Florida on
Q: My attorneys are in possession of responsive documents to defendant RFPs and have not provided my production.

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

Seril L Grossfeld
Seril L Grossfeld
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

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2 Answers | Asked in Employment Law for Florida on
Q: I work for a chain grocery store here in Florida. I was out for 9 days waiting on my test results to get back.

I did not receive pay. Can my company do this to its employees

Alberto Naranjo
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Alberto Naranjo
answered on Jul 18, 2020

If you were out sick due to COVID-19 and coronavirus testing, you could take up to 2 weeks of paid leave if you request it correctly from the company. You should document your medical leave with doctors' notes and request plus you should speak to an employment attorney to make sure you're... View More

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1 Answer | Asked in Civil Rights for Florida on
Q: Work email requiring anyone who is going to be tested for COVID-19 to notify their supervisor FIRST. Legally require?
Terrence H Thorgaard
Terrence H Thorgaard
answered on Jul 17, 2020

You are asking if your employer can require you to give them notification before you get tested? Probably not, if you do it on you own time and at your own expense. But in any event the only way, that I can think of that your employer would know you are got tested would be if you told them... View More

1 Answer | Asked in Family Law for Florida on
Q: Is the My issue is child visitation. How does state jurisdictions apply?

We have gone to Mediation and we have a approved parenting plan and I have 100% physical custody of my daughter while her gets visitation. I live in Florida, he lives in DC, my daughter went to see him for Spring Braek, Covid19 hit and she got stuck up there and now he wont send her back and says... View More

Terrence H Thorgaard
Terrence H Thorgaard
answered on Jul 15, 2020

No. I suspect that the District of Columbia has adopted the Uniform Child Custody and Enforcement Act, as Florida and just about all of the other states have. If so, the way it works is that, once the courts of one state have ruled on custody, the courts of the other states would abide by that... View More

2 Answers | Asked in Immigration Law for Florida on
Q: TN Visa restrictions due to COVID-19?

Im currently working in the US under a TN Visa that will expire in September, I read about the new restrictions for applying to H1B and student visas (among others) but there was no mention regarding TN visas. Do the same restrictions apply or since the TN was not listed its safe to assume its not... View More

Kevin D. Slattery
Kevin D. Slattery
answered on Jul 15, 2020

Consider scheduling a consultation with a competent immigration attorney. Even if TN is not affected by recent executive orders, border closures (Canada/U.S.) and embassy closures, the latter in particular if you are a Mexican in TN status, may make it wise to seek an extension of your TN status... View More

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1 Answer | Asked in Employment Law for Florida on
Q: My employer allowed approx 100 people to attend a inside service. I protested it fell on deaf ears what next?

This is a funeral home corporate owned. 4,700 SQ feet mask were required what can I do to make sure my family is not being put at risk? This company has no regard for the Covid restrictions I have not been back to work because I don't feel the company I work for is taking the Covid serious

Bruce Alexander Minnick
Bruce Alexander Minnick
answered on Jul 15, 2020

The Covid-19 pandemic has changed the legal landscape all over Florida--and the entire world--in every aspect you can imagine. Unfortunately, the governor of Florida has done very little in the way of requiring people to wear masks in public places; and his inaction has caused many Florida counties... View More

2 Answers | Asked in Criminal Law for Florida on
Q: Why do I have a change of plea hearing for a misdemeanor case? I didn't ask for it.

I've told my lawyer I'm not accepting any plea deals. Did my lawyer make a mistake or is this part of the normal process?

My lawyer told me it's normal and that it's just a hearing where they offer you a plea deal.

John Stephen Hager
PREMIUM
John Stephen Hager pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jul 14, 2020

Typically a change of plea hearing is set when you come to an agreement with the prosecutor to resolve your case. If you do not want to resolve your case via a plea, then the matter will be set for a later status date then trial. During the Pandemic, a lot of prosecutors are setting on a change... View More

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2 Answers | Asked in Real Estate Law and Landlord - Tenant for Florida on
Q: Does a text message meet the written notice requirement?

We are month to month Tennants and the office is currently closed due the Pandemic. We are currently receiving text messages from the management team providing us Tennant's with updates, policy changes etc. Can we provide our intent to vacate premises (teminate month to month agreement) by... View More

Barry W. Kaufman
Barry W. Kaufman
answered on Jul 9, 2020

READ YOUR LEASE. If the lease requires you to provide notice by carrier pigeon, you need to send it by carrier pigeon. It probably requires you to send it by certified mail, return receipt requested to a specific address. Don't assume that the payment address is the notice address. Updates and... View More

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1 Answer | Asked in Small Claims for Florida on
Q: Husband and I had capital one credit card, someone bought the account and is taking me to small claims

It’s from 2015 or 2016. The account got closed and because of interest the amount owed doubled. A company bought the account and is taking me to small claims, all of this during a pandemic! Do I have to show up/do the zoom? Do I need a lawyer.

Phillip William Gunthert
Phillip William Gunthert
answered on Jul 2, 2020

Yes, always be sure to show up and fight them as they are always trying to get default judgments, that is their game mainly. Also, they bought the debt, they need to prove they have ownership of the debt and are the rightful person to collect upon it, can they prove they are the owner and the debt... View More

1 Answer | Asked in Real Estate Law for Florida on
Q: When the pandemic started i lost my job. Havent payed rent. Havent gotten an eviction notice. what can i do?

As soon as i lost my income i couldnt pay rent so i just stopped. I never got a phone call or a visit. A few months later the realtor shows up and claims hes been calling me. The owner was on the phone and was cursing and calling me a deadbeat. Told me to pay or get out.

Seril L Grossfeld
Seril L Grossfeld
answered on Jun 22, 2020

There are local programs which offer assistance in paying rent, in addition to the enhanced federal unemployment benefits. As of right now evictions are stayed and if filed the clerk cannot issue writs of possession, meaning even if you are evicted you cannot be removed at the moment. This may... View More

2 Answers | Asked in Employment Law for Florida on
Q: my employer took advantage of Covid to term high paid long term employees, w/o any compensation, this this legal?

my employer took advantage of Covid to term high paid long term employees, w/o any compensation, this this legal?

Archibald Johns Thomas III
Archibald Johns Thomas III
answered on Jun 17, 2020

Your answer depends primarily on the employer's motive or reason for termination. For example, if it is because of the salary level, there is no law prohibiting that in Florida. On the other hand, if it is because of the employee's age, clearly that is illegal. In terms of the failure to... View More

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1 Answer | Asked in Estate Planning for Florida on
Q: How would a Florida POA Principal sign a new POA if they are in assisted living under lockdown due to COVID19?

Principal wants to revoke current POA and Agent and to create a new durable POA.

Phillip William Gunthert
Phillip William Gunthert
answered on Jun 15, 2020

You can contact a Florida Estate Planning Attorney and they can draft a Durable Power of Attorney and then you can mail the POA to the person at the facility and they can get the document witnesses and notarized at the facility that will surely have a notary on hand or can provide one or you can... View More

1 Answer | Asked in Divorce and Gov & Administrative Law for Florida on
Q: With Covid19 in effect what are the legal guide lines for phone hearings? Why are they not recorded?

I had an exceptions hearing over the phone, opposing council was allowed to talk and I was not, I was the one that filed for exceptions. I don't understand how that is legal, and when I tried to get a copy of the hearing they said that they weren't recording them? When I asked the judge... View More

Charles M.  Baron
Charles M. Baron
answered on Jun 7, 2020

Of your list of grievances, the only one that seems to be a possible infringement of your rights was the denial of your right to argue on your own behalf. That is a procedural due process right IN GENERAL for pro se litigants in hearings, with some exceptions. Relief for a trial court... View More

1 Answer | Asked in Employment Law for Florida on
Q: I just want to know if I feel that my employer was negligent on keeping us safe from covid-19??

I express to my employer that I did not feel safe when I went back to work due to covid-19 but I have to work so I had no choice but to go back when I get there I noticed that people are rarely wearing their masks there barely practicing social distancing the supervisors and employees that I... View More

Charles M.  Baron
Charles M. Baron
answered on Jun 6, 2020

Not sure if you are asking about employment rights or ability to bring a claim for money damages, or both.

Either way, your employer must follow all government-mandated Covid-19 restrictions. So step one is see exactly what mandated restrictions apply to your type of work. If you...
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1 Answer | Asked in Small Claims for Florida on
Q: Can a friend sue me for failure to repay a loan without a contract or any signed document?

I live in Florida and borrowed money from a friend in California. I borrowed the money to downsize from a home to a more affordable apartment. I had every intention of repaying the loan however the Pandemic has killed my job. Can my friend take me to small claims court and sue me for the money? We... View More

Terrence H Thorgaard
Terrence H Thorgaard
answered on May 30, 2020

Yes, your friend can sue you for what you borrowed. A written contract is not required and a text message is a writing in any event. It is very unlikely that you can be prosecuted, if what you mean by that is being charged with a crime. And a judge doesn't decide if you can repay, the judge... View More

2 Answers | Asked in Employment Law for Florida on
Q: Do i have to pay salary of an employee isolating

I run a small auto repair shop. This morning, my mechanic called that he went to the doctor because he fears he may have the virus and said that the doctor told him to isolate for 15 days. He is the only mechanic i have which makes him extremely important to the business. We have been closed since... View More

Bruce Alexander Minnick
Bruce Alexander Minnick
answered on May 28, 2020

Nothing in the CARES Act requires Florida employers to do anything differently than they have always done. However, if an employer has applied for and received federal SBA funding under the Payroll Protection Act, federal funding that is supposed to be spent paying the salaries of employees... View More

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1 Answer | Asked in Criminal Law for Florida on
Q: I found out I have a warrant but it does not state what the warrant is for, what do I do?
Jeffrey H. Garland
PREMIUM
Jeffrey H. Garland
answered on May 24, 2020

Call a lawyer or a bail bondsman. The bondsman’s business is to help people post bail to get out of jail. You want to make sure what the bail is before you turn yourself in. It will be more difficult to make financial arrangements from jail. If bail is too high, you need to be talking with a... View More

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