Richard Sierra's Answers

I am selling my business the lease is under the corp name but I am the guarantor.the landlord will not take me off as guarantor

Generally speaking the answer is "yes" unless there are provisions for terminating the guarantee. An attorney would have to review the lease and the guarantee to be able to advice you on your legal options.

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In filing documents, Pro Se (ie Motion To Dismiss, Request for Hearing, etc) is it necessary or required to be notarized?

Generally speaking, most pleadings do not have to be notarized or verified. However, I noticed that you used as an example a "Motion to Dismiss" as a document that you might be filing. Please understand that when filing a Motion to Dismiss you must raise certain defenses when you first file your first motion; otherwise, they are waived an you are no longer able to raise them. I recommend you speak with an attorney prior to filing a dispositive motion. Good Luck.

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Can I file multiple motions to strike in one motion?

I would like to echo my colleague's comments. Motion practice is very complex and it should be handled by an attorney who is familiar with the rules.

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If a Plaintiff fails to respond to my Discovery filed after 30 days, should I file a motion to compel?

Like my previous answer to another question, it appears that you are litigating your case "pro se" against the lender who is represented by an attorney. Although your efforts are admirable, you are engaging in "motion practice" against an attorney who is trained in the Florida Rules of Civil Procedure and the rules of court. Unfortunately, you are at a tremendous disadvantage. If you are able, I recommend to have an attorney review your case and represent you in your case. More specific to your...

How much time do I have to answer a 2nd amended complaint?

My colleagues are correct that under the Rules of Civil Procedure you have 10 days to file a response to Amended Complaint or as otherwise directed by the Court. It appears that you are litigating "pro se" against a party who is represented by an attorney. Regardless of the merits of your case, you are at a tremendous disadvantage if you are engaging in "motion practice" against a FL licensed attorney. I recommend you seek legal advice prior to filing a response to the 2nd Amended Complaint or...

Tenant relocation in a commercial lease

It appears that you may have received a notice requiring you to relocate your business. If this is the case, I recommend you have an attorney review your lease as soon as possible. Generally speaking, commercial leases include deadlines for notice provisions and dispute resolutions; otherwise, any rights to contest the landlord's action, could be waived. Although you state in your question that the lease is "silent" as to the relocation right's of the landlord, I doubt very much that an...

Real estate broker lies about commercial property expenses.

Your summary raises a number of legal issues dealing with fraud and misrepresentation in a contractual relationship. These are fairly complex issues and they can only be analyzed by a review of the documents and a discussion of the facts that lead to the purchase of the property. I recommend you seek legal advise as soon as possible.

Ca I still file an appeal on a small claims case.

You technically can file an appeal with the Circuit Court; however, based on the limited information provided in your question, it is difficult to assess whether your case would qualify for an appeal. Generally speaking, a higher court could reverse a lower court's decision based on either error in the application of the law or abuse of discretion. I suggest you contact an attorney to discuss your options.

If you loose a case and a judgement is filed against you what is the worst that can happen ??

Based on the limited information and the urgency of your matter, I recommend you consult with an attorney right away. If the Plaintiff is able to obtain a money judgment against you, the judgment is good for 20 years and it very likely will show up in your credit report. I recommend that you explore all your legal options before giving up on your case. I would be happy to provide you a free telephone consultation to at least guide you in the right direction or recommend an attorney in your...

I had a default judgement made against me. How can I reopen this case to present my side of things.

It would be helpful to know if you have a "Clerk's Default" or a Default Final Judgment entered by the Court. Generally speaking, the Court could set aside a judgment based on the following: (1) excusable neglect, (2) exercise of due diligence, and a meritorious defense. There is a limitation period from the time the judgment is entered to the time you can file the Motion to Vacate. An attorney experienced with civil litigation should be able to advise you on your options after reviewing the...