Will Murphy's Answers

My grandma made me the executor, left her condo to her 2 sons,1 was living there and remains there and wont get out or sell

If Ms. Lindquist's assumptions are correct, it may be your uncle who should be looking for an attorney who handles probate and real estate litigation. If your concern is that your father can stymie everyone simply by staying there, there are legal solutions to that.

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I purchased a car and just found out it was wrecked. What are my legal writes?

Did they either orally or in writing state or imply that it had never been wrecked? If so, you may have an action for fraud, fraud in the inducement, recission. If there is nothing in writing, or worse, something like an "as is" agreement, you may have a hard time proving your case. You spent a lot of money on this and you probably will want to hire an attorney to review your situation before you make a decision.

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Can an attorney who is representing a Homeowner's Association charge more in legal fees than the amount I owe in past due fees?

The amount in controversy is but one factor in assessing the reasonableness of the fees incurred. Florida generally uses the "lodestar" method. Reasonable number of hours times reasonable hourly rate gives the reasonable fee. I would want to see their time records to see what was done and how long it took. Were those things reasonably necessary in the case? Was the amount of time spent to do them reasonable? Is the hourly rate charged reasonable? (For the last one, you will need to...

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Can an appeal be done in a custody case if the trial was not recorded and there isn't any transcripts available?

Look at appellate rule 9.200(a)(4), and 9.200(b)(4) Note that appeals are subject to deadlines, some of which are VERY strict. You may wish to act promptly to preserve your rights. If you intend to retain counsel, sooner is very likely better than later. Please note that nothing herein is or may be relied on as legal advice. Each situation is fact specific, and it is impossible to evaluate a legal problem without a comprehensive consultation and review of all the facts and documents...

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"Notice of dropping party based on Florida Rules of Civil Procedure 1250 what is the really mean?

Here is the rule in question: Florida Rules of Civil Procedure RULE 1.250 MISJOINDER AND NONJOINDER OF PARTIES (a) Misjoinder. Misjoinder of parties is not a ground for dismissal of an action. Any claim against a party may be severed and proceeded with separately. (b) Dropping Parties. Parties may be dropped by an adverse party in the manner provided for voluntary dismissal in rule 1.420(a)(1) subject to the exception stated in that rule. If notice of lis pendens has been filed in the...

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Who do I sue?

If your insurance company covers this, that should be much simpler for you. If not, sounds like both of those parties have potential liability. Their insurance companies (at least the driver's) also.

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Why are some appeals with written judgments and some have no published reply?

Some published opinions are just "Per curiam. Affirmed." Some in the legal community think this is a good way for the courts to efficently dispose of appeals that raise no new issues. Some think it denies parties and others information on the court's reasoning.

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Do I need an lawyer

You'd be wise to get a lawyer. My office does not handle these type of matters, but can refer you to attorneys that do handle them.

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Do I still have a chance?

See Florida Rules of Civil Procedure 1.530 and 1.540 Depending on how substantial this case is for you, it sounds like something in which you'd really benefit from being represented. Please note that nothing herein is or may be relied on as legal advice. Each situation is fact specific, and it is impossible to evaluate a legal problem without a comprehensive consultation and review of all the facts and documents at issue. This answer does not create an attorney-client relationship....

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Can an attorney subpoena a utility company for my banking information?

Judgment creditors can conduct reasonable post-judgment discovery to looks for assets and income from which the judgment might be satisfied. However, if you have an agreement and you are current in that agreement, I would argue that there is no basis for the creditor to be conducting discovery. I would object to the discovery and ask the court to rule that no discovery may proceed for so long as you are performing your agreement. Please note that nothing herein is or may be relied on as...

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