Edward Carnel Combs Jr.’s Answers

Edward Carnel Combs Jr.

Orlando Litigation Lawyer.

Contributor Level 9
  1. Is there always a hearing in a foreclosure case?

    Answered almost 4 years ago.

    1. Edward Carnel Combs Jr.
    2. Joseph Gian Colombo
    3. Edward G. Puhl
    3 lawyer answers

    I'll assume for this answer that your mother was served with a Complaint in August 2009. After she was served, she had 20 days in which to file a responsive pleading. If she did not, the Bank/Plaintiff can obtain a default judgment without a hearing. That is not the end of the case though. The Bank then will need to get a final summary judgment and there must be a hearing on that issue. Your mother has to receive notice of that hearign as well. Chances are that the Bank has yet to set...

    Selected as best answer

  2. Can i give my daughter my current boyfriends last name at birth even though he is not the father?

    Answered over 4 years ago.

    1. Edward Carnel Combs Jr.
    1 lawyer answer

    As always, it depends. See the relevant Florida Statute below for some guidance. Fla. Stat. 382.013: (3)NAME OF CHILD.— (a)If the mother is married at the time of birth, the mother and father whose names are entered on the birth certificate shall select the given names and surname of the child if both parents have custody of the child, otherwise the parent who has custody shall select the child’s name. (b)If the mother and father whose names are entered on the birth certificate...

    2 lawyers agreed with this answer

    2 people marked this answer as helpful

  3. Do I have legal standing? Is this a criminal matter or civil matter?

    Answered over 4 years ago.

    1. Edward Carnel Combs Jr.
    2. Christina Marie Sanchez
    3. Evelyn Watts Cloninger
    3 lawyer answers

    As a general rule, in order to have standing, you have to show the court that you have a "stake" in the matter and that you have suffered some injury. (In some cases, the imminent threat of injury is sufficient). Based on the information that you have provided, it seems as though you definitely have standing, but it is impossible to determine what redress, if any, you would be entitled to without additional information. Therefore, I suggest seeking the advice of an attorney in person to make...

    2 lawyers agreed with this answer

    1 person marked this answer as helpful

  4. Can i be terminated for 12 yaer old record after being on job 4 years

    Answered over 4 years ago.

    1. Edward Carnel Combs Jr.
    2. Alan James Brinkmeier
    2 lawyer answers

    Florida is an "at will" employment state. This means that, generally, an employer can terminate your employment for any reason so long as that reason is not illegal. (Remember though that there are some individuals that are employed pursuant to a contract with their employer). So, in order to answer your question it is necessary to know whether you had an employment contract or not. Presuming that you were an at-will employee, did your employment application ask you if you had a "record"?...

    2 lawyers agreed with this answer

    1 person marked this answer as helpful

  5. Am I eligible for sealed or expunged criminal records?

    Answered over 4 years ago.

    1. Edward Carnel Combs Jr.
    2. Stephen Andrew Mosca
    2 lawyer answers

    Charges that are later dismissed or nolle prosequi can sometimes be sealed or expunged. In order to see if the charge is sealable or expungeable, look to Fla. Stat. 943.0585. Also, you will need to know the exact disposition of this case as that will also be a deterining factor on whether you can seal or expunge the charge. If you received and adjudication or conviction, you cannot expunge the conviction. Edward Combs, Jr. edward@emerituslaw.com 407-310-6305 This is intended to be...

    2 lawyers agreed with this answer

    1 person marked this answer as helpful

  6. Praecipe For Argument

    Answered over 4 years ago.

    1. Edward Carnel Combs Jr.
    2. Donald A. Niesen
    2 lawyer answers

    Let me first state that I am a Florida lawyer. With that out of the way, you need to be informed that the Commonwealth of Pennsylvania is rife with antiquated terms (they are not the only ones). In many jurisdictions (Florida included), when a party wishes to argue a motion before the court/judge, they would file a Notice of Hearing. In the Court of Common Pleas of Pennsylvania, a party files a Praecipe for Argument. What this pleading does is request of the Court permission to argue a...

    1 lawyer agreed with this answer

    3 people marked this answer as helpful

  7. "Why case should not be dismissed?" Pending civil suit

    Answered over 4 years ago.

    1. Edward Carnel Combs Jr.
    2. Teri A. Walter
    2 lawyer answers

    You can file a Motion for Enlargement of Time to Effecuate Service of Process. Tell to Court that you are dilligently looking for the Defendant, but efforts are proving difficult. A qualified attorney can help you with this motion. You should also strongly consider using a substituted method of service, such as by publication. The rules are fairly straightforward on the requirements for this type of service. If you speak with an attorney, usually the initial consultation will be free. If...

    1 lawyer agreed with this answer

    2 people marked this answer as helpful

  8. Can the biological father cause trouble for his adult child if she chooses to move out?

    Answered over 4 years ago.

    1. Edward Carnel Combs Jr.
    1 lawyer answer

    Barring some other unusual circumstance, once an individual reaches the age of majority, they are free to live in the pace of their choice (parental consent is not necessary). Secondly, you have the legal right to report any physical abuse by any person, whether they are members of your family or not. I suggest you speak with a local attorney to further explain your rights. If you find this response helpful, please click on the “thumbs up” button at the bottom. Edward C. Combs, Jr.,...

    1 lawyer agreed with this answer

    2 people marked this answer as helpful

  9. Cooling off period?

    Answered over 4 years ago.

    1. Edward Carnel Combs Jr.
    1 lawyer answer

    Florida is a no-fault divorce state. Thus, when one party alleges that the marriage is irretrievably broken, a divorce is attainable. When the other (non-filing) spouse argues that the marriage is not irretrievably broken, the court may grant a cooling off period in an attempt to let the couple work the problems out. It should be noted that this is extremely rare. If you find this response helpful, please click on the “thumbs up” button at the bottom. Edward C. Combs, Jr., Esq....

    2 lawyers agreed with this answer

  10. I am trying to find out some information on a power of attorney that was forged with my signature

    Answered over 4 years ago.

    1. Edward Carnel Combs Jr.
    2. Blaise E. Picchi
    2 lawyer answers

    As always in the law, it depends. Generally, a Power of Attorney is valid upon execution, i.e., when it is signed. There are some instances (at least under Florida law) that would require the Power of Attorney to be recorded. See section 709.015(2). Florida Statutes, as an example. Thus, a necessary piece of information is "for what purpose is the Power of Attorney being used?" The bigger issue is the use of a forged Power of Attorney. Needless to say that while a forged Power of...

    1 lawyer agreed with this answer

    2 people marked this answer as helpful