Jed R Prest’s Answers

Jed R Prest

Orlando Construction / Development Lawyer.

Contributor Level 12
  1. Please tell me the required grounds per Fla. Stat. in a motion to object to sale, after the auction, during redemption period

    Answered almost 2 years ago.

    1. Alison Nicole Emery
    2. Jed R Prest
    3. Keith Adam Halpern
    3 lawyer answers

    This is assuming you have a Final Summary Judgment. You have thirty days from the date the order you are appealing is filed in the lower tribunal or court or thirty days from the date an order on a motion tolling the time to appeal is filed. See Florida Rules of Appellate Procedure 9.020(h). If you are planning to file pro se (your own behalf without a lawyer), you could do so. You can find further information about representing yourself on appeal by clicking on this link for The Florida Bar,...

    4 lawyers agreed with this answer

  2. Im a tenant.apartment i stay its been in foreclosure and they said it will be sold last week.i still didnt get a paper.

    Answered almost 2 years ago.

    1. Alison Nicole Emery
    2. Jed R Prest
    2 lawyer answers

    The new owner takes the property subject to your lease. Assuming that you have a written lease you should able to stay for the term of the lease. If you do not have a lease, then they can terminate the lease typically with a fifteen day notice before the end of the month. There is federal law that extends this to 90 days since it was acquired by foreclosure. Your payments need to made to the new owner once the sell is complete. Until the sell the original owner maintains ownership. The...

    4 lawyers agreed with this answer

  3. I would like to know if an apartment hotel has to follow the normal legal eviction process to evict tennants

    Answered almost 2 years ago.

    1. Jed R Prest
    2. Carol Lynne Zimmerly
    2 lawyer answers

    It depends. If you have stayed at the hotel for and extended period of time and you have your mail sent to that address, then you can have been found to have a lease. If so then the hotel will need to follow the process to evict you from a lease. This can be very fact specific and you should review your circumstances with an attorney.

    4 lawyers agreed with this answer

  4. I am in Florida. Married 40 years ago, thought I was divorced. Remarried, divorced, and remarried. 1st and last died. Help!

    Answered almost 2 years ago.

    1. Brent Allan Rose
    2. Jed R Prest
    2 lawyer answers

    It depends on who died first. The scenario would be one where the original marriage was illegal or void at the time the "I dos" were said and then became legal along the way. Assuming Husband 1 died first, and he is the one you did not actually get the divorce from. Your marriage to Husband 2 and Husband 3 are void because your were still married to Husband 1 while he is still alive. If Husband 1 dies before Husband 3, the marriage changes from a void marriage into avoidable marriage....

    3 lawyers agreed with this answer

    1 person marked this answer as helpful

  5. Contractor charged us for permits that he had to pay for - is this fraud?

    Answered almost 2 years ago.

    1. Christine C McCall
    2. David M Blain
    3. Mahyar Ghassemian
    4. Nicholas Basil Spirtos
    5. Jed R Prest
    5 lawyer answers

    You need to also review you contract with the contractor. The contract may contain a section addresses the payment of permits which can modify the drawings. The cost of permits is often a line item cost that the owner pays for either as an item or by increase in the contractors overhead. This is a legitimate cost. You should review this with a CA licensed construction law attorney.

    5 lawyers agreed with this answer

  6. How can I establish proof of a name change when no legal documents are available?

    Answered almost 2 years ago.

    1. Jed R Prest
    2. Heather Morcroft
    3. John Arthur Smitten
    3 lawyer answers

    You should meet to with an attorney to check out all of your options. Many states allow you to change your name by common usage, but FL is not one of them. Assuming that this for a drivers License which requires proof of identification, if you have a passport with your current name, you do not need to use your birth certificate to prove your name. If not, you can try contacting the DMV and see if they will accept common usage from another state. If not you may have file to get a court...

    Selected as best answer

  7. My former landlord has refused to give us our rental deposit back, $1200, what should we do?

    Answered over 1 year ago.

    1. Jed R Prest
    2. Paul S Vicary
    3. Dennis Andrew Chen
    3 lawyer answers

    Upon vacating of the premises for termination of the lease: If the landlord does not intend to impose a claim upon the security deposit, he/she must return your deposit within fifteen (15) days or, Within thirty (30) days, he/she must give the tenant written notice of how much of the deposit will be kept and why. This must be done by certified mail, to the tenant's last known mailing address. If this notice is not sent as required within the thirty (30) day period, the landlord forfeits his/...

    3 lawyers agreed with this answer

  8. After rent was paid I received a 3 days notice and now they want me to pay $50.00 dollars for the 3 days notice messenger

    Answered almost 2 years ago.

    1. Jed R Prest
    1 lawyer answer

    Do you have a record of payment by a receipt or canceled check for example? If so, give a copy of this to the manager and see if they can address the issue first.

    3 lawyers agreed with this answer

  9. Im evicting someone out of my house they want to leave before the evic tion date.dont they need the sheriff & i there

    Answered almost 2 years ago.

    1. Jed R Prest
    2. Jonathan Hackworth
    3. Rixon Charles Rafter III
    3 lawyer answers

    No. If you have gone to court and been awarded possession of the premises, the Court will direct the Clerk to issue the Writ of Possession, and the sheriff to serve the same. The Sheriff is required to give the residential Tenant a minimum of 24 hours' notice, posted conspicuously on the premises, prior to removing the Tenant. The Sheriff is not required to remove the Tenant's property in order to give the Landlord possession. The Writ of Possession should list the Landlord's name and phone...

    3 lawyers agreed with this answer

  10. Can I get out of this mortgage ? Lemon law??

    Answered almost 2 years ago.

    1. Carol Anne Johnson
    2. Jed R Prest
    3. Michael T Millar
    3 lawyer answers

    You cannot get out of the mortgage without filing for bankruptcy. You might consider simply selling the house. However you may have construction defect claim. You should review this matter with an attorney. Many attorneys offer a free consultations, including my office, where we can fully evaluate the complaint, your situation and goals.

    3 lawyers agreed with this answer