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Clifford M. Miller's Answers
- 158 Legal Answers
- 6 Legal Guides
2
Attorney answers:
Is it legal for defense in A PI case to track/spy on a plaintiff using the Aplle or cell phone tracking?
Surveilling a plaintiff has been done for many, many years. I remember my father, who was also a PI lawyer, telling me of instances where PIs would dump oranges around the plaintiff's cars to see if the plaintiff would stoop over to pick up the fruit (this would be 50+ years ago now). Then the PIs would film or photograph the plaintiff bending over repeatedly. When I worked for the dark side (insurance carriers), I remember surveillance as being a favorite, cheap tool. When it shows nothing,...
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Attorney answers:
A tree has to be remove from an easement. Who is responsible for the removal and payment.
An "easement" is the right to use property for a particular purpose. For example, the electric company was an easment over property to service the electrical lines. The ownership of the property and duty to maintain it is not changed by the easement. So, if an easment is blocked, the owner of the underlying property has the duty to unblock it. However, that owner has a claim against the person who blocked the easement to start with. (It would be a trespass to plant a tree on someone else'e...
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Attorney answers:
What do you think of a telephone mediation?
I am a mediator and I have attended hundreds of mediations as an advocate and as a mediator. A telephone mediation can work. But it is not a good choice. Without being able to see the parties, hear the parties and watch them sweat a mediator is far less effective in being able to promote a resolution of the matter. This applies to having one party live at mediation and the other on the telephone. But, it sounds like you are going to do a mediation with all the parties on the line at once,...
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Attorney answers:
Foreclosure
Is this what happened: Original Complaint; Motion to Dismiss it; Notice of Hearing on the Motion to Dismiss; Amended Complaint addind another defendant? You want to know about the hearing on the motion to dismiss? If so, the Amended Complaint moots the motion to dismiss and there should be no hearing on it. If not, please be specific. (Also, who filed the motion to dismiss, if not your lawyer?)
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2
Attorney answers:
Florida written interrrogatoires
They are not nearly as good as depositions. Not even close! They are much cheaper though, and useful to find out basic information such as the names and addresses of witnesses, places, and dates. We are limited to 30 interrogatories without court order. If there is a form set of interrogatories for the particular tyoe of case, the use of the form is required, however, questions up to 30 can be added. Then, the lawyer for the other side participates in answering them -- so, you get very little...
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1
Attorney answers:
If a tenant (yearly lease) has to leave to go into assisted living, is tenant liable for paying rent for balance of term (Fla.)?
Yes, the tenant is liable. It is a contract, and not paying is a breach. The landlord will have a duty to "mitigate damages," that is to attempt to get another tenant. The damages due for the unpaid rent will be reduced by the amount paid by the replacement tenant, or that would have been paid by the replacement tenant if the landord does not try to find a replacement tenant. Does the tenant have money to pay the rent? If not, the judgment may be uncollectible, and the landlord may not...
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1
Attorney answers:
Can my insurance company cancel my homeowners insurance and advice me via regular mail? Shouldn't it be certified letter?
Notice is required under Fla. Statute 627.4133 and certain time limits apply. However, unless the notice is for non-payment of premium, the statute does not require certified mail. If it was cancelled for a material misrepresenation, the carrier has to refund the premiums paid. The notice to the insured's last known address, and compliance with the time limits in the statute has to be proven by the carrier.
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1
Attorney answers:
If a gym's local agent misrepresents membership, is my "no quit clause" 3-year membership contract still legally binding?
If the health club complied with the disclosure requirements of the Florida Statutes, it sounds like you are bound by the contract. If not, it could be cancelled. (I am assuming that the contract says that it is the entire agreement between the parties and I am assuming that you cannot prove fraud). Here is he statute that controls disclosures and refunds: 501.017. Health studios; contracts (1) Every contract for the sale of future health studio services which is paid for in advance or...
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1
Attorney answers:
What kind of attorney do i need to handle an illegal repo in florida?
Any commercial litigator shouls be able to help you. The Florida Bar can refer you to someone: http://www.floridabar.org/tfb/TFBConsum.nsf/48E76203493B82AD852567090070C9B9/EC2322E512B83D1E85256B2F006CC812?OpenDocument Self-help repossessions are generally allowed if there is no breach of the peace. If you do not pay off hte loan, the lender has to act reasonably in selling your vehicle to satisfy the loan.
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2
Attorney answers:
Early Lease Termination
There is no standard paperwork for an early lease termination. What is your concern? Did you want to terminate the lease? Does the landlord want to terminate it? This answer does not establish an attorney-client relationship or any legal duty on the part of the answerer. It is for general information only. Use at your own risk! Actual legal advice can only be provided when you retain a lawyer and provide all the relevant facts.
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