Get free answers to your Civil Litigation legal questions from lawyers in your area.
I was ordered by a judge to go through mediation for a civil case. I preferred an in-person session, but the mediator was only available via Zoom. The Zoom connection was poor, disconnecting about 50% of the time. Despite contacting him by phone during the session without success, the mediator... View More 
answered on May 9, 2025
You did not indicate whether an agreement was reached in mediation, nor did you indicate if you were represented by counsel in mediation. Those are important factors for determining your next steps. Of course, if you were represented by counsel, consult with him/her. In the scenario of you NOT... View More
In my civil slip and fall case, the appeal was affirmed and I lost without ever having a trial. I'm looking for specific guidance on what options I have next in terms of legal actions or pursuing compensation. Could you advise on possible errors in the appeal process and whether seeking a... View More
answered on May 6, 2025
There is no trial in an appeal. An appeal is not a second trial or a chance to introduce evidence. Unless your case presents novel theories under Florida law, it's a slim bet that the Florida Supreme Court would take your case. The only way for you to know is to retain an appellate attorney.... View More
As the executor of an estate or trust, my past criminal record was expunged and I was granted a full pardon. However, the beneficiaries are questioning my qualifications, with their lawyer accusing me of perjury. A court hearing is scheduled for May 12th to address this. I haven't yet shown my... View More
answered on May 5, 2025
I'm no expert at what the Clerk's Office still has in its possession following an expungement (also known as expunction), but it's my understanding that NOTHING is left in the record, except maybe something indicating the case was expunged. If the case is sealed rather than... View More
In a civil case in a Florida magistrate court, I am worried about sharing evidence before the trial. Are there specific requirements to disclose evidence to the opposing party or their lawyer before the court hearing?
answered on May 4, 2025
There is no such thing as a Florida "magistrate court". Your case was referred by the judge in your case to his or her magistrate.
You were most likely sent a Case Management Order. It will be docketed, so you can look it up online. You must follow the requirements of the Case... View More
I am an Austrian citizen who purchased properties in Ocala, Florida, through an Austrian company in 1981, with all documents duly certified by the American Embassy. Despite paying property taxes in my name since the purchase, I have discovered that I am not listed as the owner in the local land... View More
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answered on May 1, 2025
Hire a FL attorney to search each of those properties' titles. You may have to sue for ejectment and quiet title. If the tax statutes do not give you title, you may not own anything. Hopefully you may only need to reform the deeds to your own name. The Austrian company has apparently... View More
I am the parent of a 17-year-old daughter who will turn 18 in September. She has mental health issues and is currently on probation, which she has violated. She refuses to get a job, rarely attends school, and is verbally abusive, demanding money from her father's death benefit. Recently, the... View More
answered on May 1, 2025
To remove an occupant from a home, whether they have a lease or not, and have been staying there for more than 3-4 weeks, a court order from landlord-tenant court is required. If the occupant is a child under 18, this may serve as a complete defense to eviction. A person cannot simply be told to... View More
I am facing a partition action complaint filed in Florida that contains false and malicious accusations. The petitioner has agreed to dismiss the case since neither party can afford a lengthy litigation process, but the complaint is still publicly accessible on the court's website. I do not... View More
answered on Apr 29, 2025
Before dismissal if possible: File a "Motion to Strike Scandalous Matter" under Florida Rule 1.140(f) identifying the false statements as irrelevant to the case. Try getting a joint statement with the other party. This is not something you typically want to do on your own so consider... View More
I am concerned about a petition that was submitted to remove the president and vice president from our HOA board. We have reasons to believe the signatures were gathered in bad faith, as allegations were made that board members were making false promises, including one year of free HOA payments, to... View More
answered on Apr 24, 2025
Homeowners have a statutory right to recall board members and do not have to provide a reason. If people vote to remove these members without verifying the facts than that is their choice. If they used the proper forms and obtain 51% of the votes of the lots with signatures from actual owners... View More
I signed a lease for an apartment on April 1, 2025, and moved some possessions in on April 5th. That evening, a fire rendered the apartment uninhabitable, which the leasing office acknowledged. I was offered to terminate the lease or wait for repairs. When I opted to wait, I was later told I needed... View More
answered on Apr 23, 2025
Sounds like you owe the rent April 1 - April 5, at a minimum. If you elected to wait, your lease remained in effect. Apparently upon closer inspection, it was determined that you could not wait - the damage was too severe, and the lease terminated then. Perhaps that's 2 weeks between April 5... View More
Three months ago, my landlady had my car towed with my deceased wife's ashes and other valuables inside while my husband was in the hospital, despite being informed of the contents. She claimed it was due to unpaid rents and threatened legal action if contacted further. What can we do next... View More
answered on Apr 22, 2025
Your post is confusing because you refer to your deceased "wife's" ashes, then refer to your "husband" in the hospital. In any event, regarding a landlord towing a vehicle from the premises, the first issue is whether the lease (if any) and any accompanying written rules... View More
I need a DNA test with my deceased parent to claim my father's last name legally. The morgue informed me that a lawyer's assistance is required to proceed. We never needed a DNA test before, as we always accepted him as my father, but now that he has passed away, I cannot get any help... View More
answered on Apr 21, 2025
That's a new one on me. If you are an adult, and your legal last name is different than your father's, you may petition the Circuit Court (in your area) for a name change to any name you feel like, no DNA test needed. Consult a general practice attorney near you. Also, if you do on... View More
Value of money is $1775 and a 42” and 50” tv . I have all my text messages between him and I
answered on Apr 20, 2025
First try online searches for the person, as well as call 411, and if that doesn't work, get a skip trace, which private investigators and many process servers offer for a reasonable fee. See if you can find one who can do it for around $100 or less. A skip trace turns up potential addresses,... View More
I want to submit an answer in a civil litigation case to the Seventh Judicial Circuit in and for Volusia County. The deadline is 20 days from April 9, 2025. Does the court accept written answers delivered via USPS? I haven't contacted the court directly yet for submission guidelines.
answered on Apr 17, 2025
The Clerk's Office of that Court should accept the filing by any delivery method, but you should not trust the US Postal Service to get it there on time unless you pay for special service, such as Priority Mail or Express Mail, and of course, track it. If you send it that way, it's a... View More
Do I have any recourse to recover a portion of the property value or monies spent after a split with my girlfriend of seven years? We had a verbal agreement when acquiring a house in Key West seven years ago. She paid for the house in cash ($580k), and I was responsible for rebuilding it. I... View More
answered on Apr 14, 2025
Yes, you can claim unjust enrichment, constructive trust, resulting trust, promissory estoppel, and partnership, among others. If you have emails or text messages, those constitute a written agreement that can be the basis of a claim in contract as well. We have had success litigating this issue... View More
Can credit card companies place a lien on my house in Florida because of my wife's credit card debt, given that the house loan was solely in my name but her name is on the title?
answered on Apr 8, 2025
The Florida Constitution protects your Homestead and therefore they cannot force sell your Homestead for credit card and or other types of judgments that do not directly relate to the Homestead property (Mortgage, taxes, home improvements, etc.) .What they will do is get a blanket judgment on all... View More
I need legal assistance regarding an inherited property in Live Oak, Florida. Over 200 acres were purchased in the late 1800s and willed to 11 children, meant to pass on to future generations. A family member, who is not a direct heir while his father is still living, currently manages the... View More
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answered on Apr 4, 2025
You have not stated who the owners are, as heirs are not will devisees. Is the probate still open? If so then a motion might be made to remove the executor. If the Estate is closed, then a partition action might be made by the ascertained titled owners. But there may be a class gift devise... View More
I need legal assistance regarding an inherited property in Live Oak, Florida. Over 200 acres were purchased in the late 1800s and willed to 11 children, meant to pass on to future generations. A family member, who is not a direct heir while his father is still living, currently manages the... View More
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answered on Apr 5, 2025
At this point, you should strongly consider retaining a probate attorney to determine your rights and the current status of the property. Under Florida law (and in most states), the "intention" of the testator—when expressed through precatory language, such as "I grant this land... View More
I received emails and a certified letter from the plaintiff's attorney in a personal injury lawsuit involving my former employer. They are asking me to schedule a deposition, but I have not yet received an official subpoena. As a retail employee at the time, I don't feel I have... View More
answered on Apr 4, 2025
That depends on your role as deponent (person being deposed). If your employer (through counsel) designates you as the employer's "person with knowledge" of particular subject areas in a notice of deposition of the EMPLOYER, then counsel setting the deposition does not need to issue... View More
I was involved in a 3M earplug lawsuit that the judge dismissed due to late submissions on our part, which affected many of us. We are looking to appeal the dismissal to seek justice. Could you advise on the steps we need to take for a successful appeal?
answered on Apr 1, 2025
There is only one step - retain an appellate attorney NOW. Appellate work is quite different than trial work and there is literally no room for error. Most attorneys do not handle appellate work for that very reason - it is much different than trial work and its a completely different skill set. An... View More
I want to buy out the other two shareholders of a property left to my mother, aunt, and uncle after my grandparents passed in 2008. My mother and aunt have both passed away, and I've probated my mother's estate, gaining her share. My aunt's children have not probated her estate, and... View More
answered on Mar 29, 2025
A review of the property deed would be necessary and then a probate of the estate of any deceased beneficiary (your aunt), you could commence a probate of her estate and that would get their attention potentially if they are not interested, also, an offer to your uncle for his 1/3 share. Until your... View More
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