Scott Steven Sheffler’s Answers

Scott Steven Sheffler

Orlando Construction / Development Lawyer.

Contributor Level 7
  1. My mother & I jointly own a house in Florida. We want to transfer ownership to my brother. How do we do this?

    Answered over 1 year ago.

    1. Barry Louis Miller
    2. Scott Steven Sheffler
    3. Carol Anne Johnson
    4. Nina Larae Ferraro
    5. Howard E. Enrique
    5 lawyer answers

    The transfer can be done with a quit claim deed if title warranty is not an issue. I would recommend consulting with a tax professional to determine if there would be any income tax implications to the transaction.

    8 lawyers agreed with this answer

  2. How can we find the owners of a corporation?

    Answered over 1 year ago.

    1. Scott Steven Sheffler
    2. Barry Evan Haimo
    3. Heather Morcroft
    4. Jack Richard Lebowitz
    4 lawyer answers

    The shareholders ("Owners") of a privately-held corporation are not required to be listed or registered with the Florida Division of Corporations. The names of the officers and/or directors are often reflected in the Articles of Incorporation. If you are a shareholder in the corporation, you have the right under Chapter 607, Fla Statutes, to inspect the corporate books and records which should include a listing of all owners. If you are not a shareholder, you do not have right to know...

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  3. FL Construction law: Can I please have a Second opinion ?

    Answered almost 2 years ago.

    1. Scott Steven Sheffler
    2. Jed R Prest
    3. Gary D. Bollinger
    3 lawyer answers

    Your description of the facts is difficult to follow. It appears the bond you are referencing may be a "Lien Transfer Bond" that would transfer the construction lien from being an encumbrance against the property to the security of the bond, under Section 713.24, Florida Statutes. If that's the case, there is a 1 year statute of limitation s to file suit against the bond. However, since it appear you already filed suit to foreclose on the bond, you would have to amend the lawsuit Complaint...

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  4. Currently operating a sole proprietorship, want to LLC but should I wait until 2014 to avoid the renewal fee and paperwork?

    Answered 9 months ago.

    1. Scott Steven Sheffler
    2. Robert J Adams Jr.
    3. Barry Evan Haimo
    3 lawyer answers

    Do you have some compelling reason to need to file the Articles of Organization and form the LLC with the Florida Division of Corporations prior to December 31? In other words, if it can wait 3 weeks, let it wait. If you are concerned that you need to immediately begin deriving some benefit that would come from operating as an LLC, keep in mind that a "promoter" or "incorporater" can be insulated from personal liability for obligations created prior to the date the LLC or corporation is...

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  5. How do we get a contractor to finish a job that was only suppose to take 3 weeks and is now on third month and not finished.

    Answered almost 2 years ago.

    1. Sean Keith McQuaid
    2. Scott Steven Sheffler
    3. Andrew J. Mongelluzzi
    3 lawyer answers

    If your son decides to part ways with this contractor, he should do so in writing and serve that notice of termination on the contractor by certified mail. If the contractor failed to properly complete the scope of work required for the $13,000 draw he received, your son may have a claim to file in County Court to recover those funds or the portion of the funds representing the unfinished work less any remediation costs for that incomplete work. There may also be a basis for filing a claim...

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  6. I joined a gym that auto renewed my contract without my approval. Now they are threatening to sue me. What should I do?

    Answered about 2 years ago.

    1. Scott Steven Sheffler
    2. Daniel Jon Woodring
    2 lawyer answers

    Agree with the previous response that the terms of the contract you signed will likely dictate your rights and obligations. The misrepresentations you describe may present a basis for rescinding the contract if those representations were material to the terms of the deal.

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  7. Because it cost $900.00 to reinstate my corporation with Florida division of corp

    Answered almost 2 years ago.

    1. Marshall C Deason Jr.
    2. Scott Steven Sheffler
    3. Roman Tabatchouk
    3 lawyer answers

    If you are going to continue doing business as a contractor, you would have to go through the qualifying process again for any new LLC or corporation that you might form. That process can take a long period of time. You may be better served reinstating your existing corporation since you have already become the qualifying contractor for it.

    2 lawyers agreed with this answer

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  8. If I file an amended complaint with the court 15 days after I served it on the person.when does the clock het reset from when

    Answered 9 months ago.

    1. Scott Steven Sheffler
    2. Christopher Robert Dillingham II
    2 lawyer answers

    I will assume the "clock" you are referencing is the amount of time within which the Defendant must serve its Answer to your Amended Complaint. The Defendant must serve an Answer within 20 days after service of process is made. You may serve an Amended Complaint without an Order from the Court prior to the Defendant serving an Answer to the original Complaint. The Defendant would have 10 days from the date you serve the Amended Complaint within which to Answer it. See, Rule 1.190(a), Fla...

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  9. How do i sue a company owned by one person that isnt incorporated in st. johns county fl.

    Answered about 2 years ago.

    1. Scott Steven Sheffler
    2. Dorota J. Trzeciecka
    3. Ronald Lee Bell
    3 lawyer answers

    This demonstrates an example of why clerks are not supposed to dispense legal advice. As staed by the previous response, the clerk gave you incorrect legal advice. You have the right to sue the person or party with whom you contracted. Before filing suit, you should search the Florida Division of Corporations records to determine whether this company is incorporated or not so that you can make an informed decision as to whether you should sue the individual or some business entity that the...

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  10. A FL building permit issued on 8/20/12. What are time-lines for a sub-contractor to file a Notice to Owner & Notice of Lein?

    Answered over 1 year ago.

    1. Scott Steven Sheffler
    2. Clifford M. Miller
    2 lawyer answers

    The date the permit was issued does not dictate lien rights for the sub-contractor. A sub-contractor must serve a Notice to Owner upon the owner within 45 days from the date the sub first began furnishing work or materials to the property (Sec. 713.06, Fla Statutes). The sub-contractor then has 90 days from the date he last furnished work or materials to the property within which to record a construction lien in the public records of the county where the property is located (Sec. 713.08,...

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