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Florida Civil Litigation Questions & Answers
4 Answers | Asked in Probate, Real Estate Law and Civil Litigation for Florida on
Q: How do I proceed with a buyout of other property shareholders in FL?

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

James Clifton
PREMIUM
James Clifton
answered on Mar 31, 2025

Unfortunately, you cannot force them to sell you the property. However, you can force the sale of the property to the highest bidder through a partition lawsuit. Your grandparents' and aunt's estates will need to be probated to ensure all of the correct parties are named in the partition... View More

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4 Answers | Asked in Real Estate Law and Civil Litigation for Florida on
Q: How to be released from a purchase agreement as a seller in Florida?

I am a seller in Florida trying to be released from a purchase agreement that is over a year old. The agreement includes a clause stating the close date is based on obtaining a wetlands permit. The buyer did not apply for the permit during the first 10 months and currently refuses to execute the... View More

Martin George Prego
Martin George Prego pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 28, 2025

In Florida, sellers who wish to be released from a real estate purchase agreement generally must look to the specific terms and conditions set forth in the contract. Most agreements will contain provisions that govern termination, deadlines, conditions precedent (such as permitting or financing),... View More

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4 Answers | Asked in Real Estate Law and Civil Litigation for Florida on
Q: How to be released from a purchase agreement as a seller in Florida?

I am a seller in Florida trying to be released from a purchase agreement that is over a year old. The agreement includes a clause stating the close date is based on obtaining a wetlands permit. The buyer did not apply for the permit during the first 10 months and currently refuses to execute the... View More

Symantha Rhodes
Symantha Rhodes
answered on Mar 28, 2025

Given that your Florida purchase agreement is contingent on a wetlands permit, which the buyer delayed applying for and now refuses to close or provide a date, you likely have grounds to pursue legal action. The buyer's failure to diligently pursue the permit within a reasonable timeframe,... View More

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2 Answers | Asked in Landlord - Tenant, Civil Litigation and Real Estate Law for Florida on
Q: Facing eviction from mobile home park without lease agreement; landlord accused of accepting bribes. What are my rights?

I am facing eviction from my mobile home park for not painting a small dirt spot, lacking a handrail for four steps, and having a car parked near the house. There was no lease agreement when I purchased the mobile home. The park manager is unresponsive, and there are allegations among residents... View More

Barbara Billiot Stage
Barbara Billiot Stage
answered on Mar 26, 2025

I'm sorry to tell you this but you are a month-to-month tenant if you have no lease. You need to consult with a landlord/tenant lawyer right away to review the eviction notices are valid. This is not a problem you can resolve with internet advice and time is of the essence. If you were... View More

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2 Answers | Asked in Consumer Law, Contracts and Civil Litigation for Florida on
Q: Financed car issues with dealer and finance company in Florida

I financed my first car and signed the contract on March 4th. The dealer lied and left out important information. Initially, I was told the car was $4,000, but then the dealer said it was $6,000, leading me to finance the car since I only had $5,000. I paid a $3,000 down payment, but the contract... View More

Dominique Young
Dominique Young
answered on Mar 26, 2025

The court is going to look to the terms of the contract first. Whatever you signed on the contract is what the court will start with first in determining what is to be paid and to whom. Anything that you agreed to prior to the signing of the contract, that is not written in the contract, is not... View More

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4 Answers | Asked in Civil Rights, Civil Litigation, Wrongful Death and Personal Injury for Florida on
Q: Seeking legal advice for son's death in house fire, concerns about police and fire department negligence in Florida.

My son died in a house fire on January 4th, 2025, and I am seeking legal advice. The Chattahoochee Police Department was very rude and made false statements in the police report. Additionally, the fire department was negligent—they had no water, didn't connect to the fire hydrant, and... View More

James Clifton
PREMIUM
James Clifton
answered on Mar 26, 2025

It will be difficult to win a case against the police or fire department. However, there are other parties whose negligence may have caused the house fire. If proven, you could recover damages for the death of your son. In the past, we have seen electricians, builders/contractors, landlords, and... View More

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4 Answers | Asked in Civil Rights, Civil Litigation, Wrongful Death and Personal Injury for Florida on
Q: Seeking legal advice for son's death in house fire, concerns about police and fire department negligence in Florida.

My son died in a house fire on January 4th, 2025, and I am seeking legal advice. The Chattahoochee Police Department was very rude and made false statements in the police report. Additionally, the fire department was negligent—they had no water, didn't connect to the fire hydrant, and... View More

Barry W. Kaufman
Barry W. Kaufman
answered on Mar 26, 2025

Your only option if you want ANY chance of prevailing at all is to retain a personal injury law firm, and you can look state-wide. Taking on something like this is very complex and would be extremely difficult for you to undertake on your own. Not only would there have to be an investigation of... View More

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4 Answers | Asked in Civil Rights, Civil Litigation, Wrongful Death and Personal Injury for Florida on
Q: Seeking legal advice for son's death in house fire, concerns about police and fire department negligence in Florida.

My son died in a house fire on January 4th, 2025, and I am seeking legal advice. The Chattahoochee Police Department was very rude and made false statements in the police report. Additionally, the fire department was negligent—they had no water, didn't connect to the fire hydrant, and... View More

Stephen Arnold Black
Stephen Arnold Black
answered on Mar 27, 2025

Suing a government agency like the fire or police department for negligence can be difficult due to sovereign immunity, which limits such lawsuits. To succeed, you would typically need to prove gross negligence or failure to meet a legal duty, and strict legal deadlines apply.

It may also...
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2 Answers | Asked in Consumer Law, Civil Litigation and Contracts for Florida on
Q: Purchased car advertised as clean title, found salvage with misfiring engine.

I purchased a 1999 Porsche 986 a couple of months ago from a seller who recently moved to Florida from Kansas. He advertised the vehicle as having a clean title and a perfectly running engine. However, I later discovered the title is salvage and the engine started misfiring the night I brought the... View More

Erik A. Perez
Erik A. Perez
answered on Mar 25, 2025

Was there a contract signed related to the transaction or at the very least an email reflecting those terms? If not, you may still have a viable claim against the seller, but it will ultimately be a he said/ she said situation and likely no ability to recover attorneys fees. It may not be a lawsuit... View More

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2 Answers | Asked in Child Custody and Civil Litigation for Florida on
Q: Clarification on jurisdiction in timesharing case after SWAT raid.

I filed an Emergency Motion to Stop Timesharing due to concerns about my children's safety, as their father's house was raided by Lake County SWAT and he has been using drugs. The court's order mentions that I failed to state a cause of action for jurisdiction to modify timesharing,... View More

Rand Scott Lieber
Rand Scott Lieber
answered on Mar 24, 2025

Is there a current order on timesharing? If yes, what court issued that order? That is where you would need to file your motion to modify the current court order based on the "best interests of the child." If you have never been to court or if there is no court order then you need to file... View More

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4 Answers | Asked in Probate and Civil Litigation for Florida on
Q: Options to recover shared expenses as personal representative in Florida estate.

I was named the personal representative in my mother's will in Florida, which gave me the authority to make decisions about the estate. The will also specified that estate-related expenses, including burial and funeral costs, were to be shared by both beneficiaries, myself and my sibling.... View More

Phillip William Gunthert
Phillip William Gunthert
answered on Mar 22, 2025

You should have submitted and claimed all of these expenses with receipts with the probate court during the probate, where was your probate attorney while this was going on? You may have to try to go back and reopen probate and get it addressed there, or you may have to try to file a lawsuit in a... View More

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4 Answers | Asked in Probate and Civil Litigation for Florida on
Q: Options to recover shared expenses as personal representative in Florida estate.

I was named the personal representative in my mother's will in Florida, which gave me the authority to make decisions about the estate. The will also specified that estate-related expenses, including burial and funeral costs, were to be shared by both beneficiaries, myself and my sibling.... View More

Lauren Nagel Richardson
Lauren Nagel Richardson
answered on Mar 23, 2025

If there are no non-exempt assets, there are no assets from which the Court would enter an order directing that you be reimbursed, the reason being that the probate court only has jurisdictions over the assets of the estate. So, yes, the Court does order that the heirs pay any debts for which... View More

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4 Answers | Asked in Estate Planning, Probate and Civil Litigation for Florida on
Q: What actions to take if family hides wealthy father's will and leaves me nothing?

My father, who was very wealthy, had a will, but my family hid it and took everything he owned, leaving me with nothing. I haven't spoken to a lawyer or taken any legal action yet. What can I do in this situation?

Phillip William Gunthert
Phillip William Gunthert
answered on Mar 19, 2025

I am very sorry for your, please accept my condolences for you and your family at this difficult and sad time.

If there is a Will, Florida Statute requires that they submit it to the clerk of the court within 10 days if this is in the State of Florida.

If no probate was commenced,...
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5 Answers | Asked in Personal Injury, Civil Litigation and Landlord - Tenant for Florida on
Q: Can I sue an apartment for lack of security after machete attack?

I was visiting an apartment building when I was attacked by intruders inside one of the units. I was hit in the arm and head with a machete. At the time of the attack, there was no security present, and the security cameras were not working. I ran to the police and made a report on the incident,... View More

Mitchell Feldman
PREMIUM
Mitchell Feldman
answered on Mar 18, 2025

Negligent security is a real and recognized claim under florida law. These facts suggest the claim is worth consulting a lawyer. The property had a duty here to exercise reasonable care, and if there's a history of violent crime that would have required heightened security, cameras,... View More

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5 Answers | Asked in Personal Injury, Civil Litigation and Landlord - Tenant for Florida on
Q: Can I sue an apartment for lack of security after machete attack?

I was visiting an apartment building when I was attacked by intruders inside one of the units. I was hit in the arm and head with a machete. At the time of the attack, there was no security present, and the security cameras were not working. I ran to the police and made a report on the incident,... View More

Stephen Arnold Black
Stephen Arnold Black
answered on Mar 18, 2025

An apartment owner has a legal duty to protect any person that is rightfully on the premises from criminal attacks that are foreseeable. A criminal attack would be foreseeable if the apartment building was located in an area that experienced crime of this type in the past. If so and the building... View More

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5 Answers | Asked in Personal Injury, Civil Litigation and Landlord - Tenant for Florida on
Q: Can I sue an apartment for lack of security after machete attack?

I was visiting an apartment building when I was attacked by intruders inside one of the units. I was hit in the arm and head with a machete. At the time of the attack, there was no security present, and the security cameras were not working. I ran to the police and made a report on the incident,... View More

James Clifton
PREMIUM
James Clifton
answered on Mar 18, 2025

Yes, you can sue the apartment complex/landlord. The non-working security cameras are a huge red flag and will likely impart liability on the landlord. If other similar crimes have occurred in the complex, this will further show the landlord knew of the danger and failed to protect the occupants... View More

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3 Answers | Asked in Business Law, Contracts and Civil Litigation for Florida on
Q: Can I claim damages for a former employee selling for competitor while employed?

I had a Project Manager/Sales Rep who resigned in December. We have evidence that they accepted a position with a competitor back in August and were promoting and selling our competitor's products to our current customers while still employed by us, receiving benefits and having expenses paid... View More

Erik A. Perez
Erik A. Perez
answered on Mar 17, 2025

You may have a claim for damages under a theory of tortious business interference. To establish a claim for tortious interference with a business relationship in Florida, a plaintiff must demonstrate the existence of a business relationship, the defendant's knowledge of that relationship,... View More

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2 Answers | Asked in Civil Litigation and Real Estate Law for Florida on
Q: False allegations in partition action by co-owner for property in Florida

I am facing a partition action filed by a co-owner, who is falsely alleging that I am refusing to sell or vacate the property and preventing her from accessing it. In reality, she is guilty of these actions. I have met with several realtors, waiting for her to list the property, and I am currently... View More

James Clifton
PREMIUM
James Clifton
answered on Mar 14, 2025

If you are facing a partition and you are willing to sell, you would likely be able to negotiate a settlement where the property is sold without intervention by the court. The competing allegations of exclusive possession, lack of access, etc. would be issues to settle in the negotiations. If you... View More

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3 Answers | Asked in Criminal Law and Civil Litigation for Florida on
Q: Can unsworn video identification be court evidence?

A detective came to my house and asked me to identify my boyfriend in a surveillance video, where he was seen walking back and forth along a fence. I was not sworn in during this process. This identification is included in his discovery but notes in bold that I was not sworn in. Can this be used as... View More

Charles M.  Baron
Charles M. Baron
answered on Mar 13, 2025

If you are not testifying in court, use of your out-of-court statement to prove the truth of that statement would be hearsay, and that would generally be inadmissible - but there are exceptions to the hearsay rule, so a prosecutor would want to try to find a way to bring it under an exception if... View More

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3 Answers | Asked in Criminal Law and Civil Litigation for Florida on
Q: Can unsworn video identification be court evidence?

A detective came to my house and asked me to identify my boyfriend in a surveillance video, where he was seen walking back and forth along a fence. I was not sworn in during this process. This identification is included in his discovery but notes in bold that I was not sworn in. Can this be used as... View More

Terrence H Thorgaard
Terrence H Thorgaard
answered on Mar 14, 2025

You can be subpoenaed to testify as to the truth of what you told the detective. If you disobey the subpoena, you can be held in contempt of court. If, when you are forced to testify, you recant and deny what you said on video, you can be charged with lying to a police officer.

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