Jose Ignacio Carrillo's Answers

Condo got flooded by the condo next door, it is owned by a bank and in foreclosure for 2 yr, can i sue?

Much of what you state in your question requires clarification. The first thing is whether the owner is the BANK or the still the original Owner. Your question leaves room for confusion. Secondly, even if it is still the original owber, and he has filed for bankruptcy, you may "move" for (petition for) the court to lift the bankruptcy stay on proceedings in order to go after insurance coverage. Your matter includes questions relating to Insurance/Tort Law, Real Estate/Property law,...

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Will Plaintiffs attorney in a foreclosure lawsuit have to answer Request for production of documents?

Florida law requires a response to your discovery requests within 30 days (plus 5 for mail). Assuming that you properly "served" them, you should send their attorneys a written request for a response on the 36th day. If they don't respond you should "set" the matter for a hearing before the judge to compel discovery. Don't necessarily assume that you will lose. The bank needs to prove that they are the rightful owners of the note and mortgage and therefore have the right (standing) to pursue...

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I am a nursing mom drinking a lot of Horizon dha milk and making yogurt for my baby. Milk has fish smell and taste. Can I sue?

The obvious question is whether you have contacted the child's pediatrician. Hopefully, there are no residual effects from anything that may have been wrong with the milk. If so, there isn't much you can do, as there would be no real damages to sue for. If however, there is a medical condition the doctor needs to quickly diagnose and treat, and you could follow up with a legal consulation at said time.

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Florida--what does notice of voluntary dismissal as to count ii, re-establishment of lost note

The notice of voluntary dismissal as to count ii simply means that the pltf bank no longer intends to go forward with the "lost note" count (in other words, they found the previously lost note). It doesn't otherwise affect the progress of the case. Your question is unclear as to what hearing (motion) went to court on the 15th. Could you expound on that. If it was on the bank's motion for summary judgment was there an order entered by the judge? Lastly, you shouldn't wait until the bank "...

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What is the most that my attorney can ask for as a out of court one time settlement?

Most of the other resposes have valuable information. The value of a case is difficult to pin point at times, depending on the injury. Some are "easier" than others. Depending on the injury "jury reporters" can sometimes be helpful in letting you know what local juries have been awarding on similar cases. However, your question disturbs me somewhat in that you have apparently asked how much your atty will be asking for (not what he thinks it'll settle for). With few exceptions the firm...

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Can I file a Motion To Dismiss with my Answer and Affirmative Defenses or is this usually done separately?

To follow up to prior comments, you should file a motion asking the court for an opportunity to file you Motion to Dismiss and set that for hearing. The judge may allow you some leeway since you are pro se. You should be prepared to explain to the judge what the nature of your argument would be as he may be interested in confirming that your actions aren't dilatory.

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At trial, if the police tells the judge that the driver admitted hitting my veh. & the driver does too will my claim get paid?

You should seriously consider small claims court. They have clerks that can help you get everything prepared.

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Former Employer violated clause in severence agreement by giving negative reference

We recommend that you consult a board certified labor Lawyer immediately. The contact needs to be reviewed in order for you to get proper counsel. Our firm (and many others in Sth. Fla.) has a bd. certified labor lawyer. Feel free to contact us, or e mail us a copy of the agreement to: jcarrillo@gimenezandcarrillo.com

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What is the most that my attorney can ask for as a out of court one time settlement?

Most of the other resposes have valuable information. The value of a case is difficult to pin point at times, depending on the injury. Some are "easier" than others. Depending on the injury "jury reporters" can sometimes be helpful in letting you know what local juries have been awarding on similar cases. However, your question disturbs me somewhat in that you have apparently asked how much your atty will be asking for (not what he thinks it'll settle for). With few exceptions the firm...

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Do i have to pay rent if landlord is going foreclosure?

This is a common question now a days. The issue reovolves around the ownership of the property. A foreclosure filing, in and of itself, is nothing more than an allegation (or the bank' position/"argument"). In other words, the fact that someone gets sued doesn't mean that they are in the wrong, or would neccesarily lose the case. Your landlord may be improperly sued, may be able to "work it out", etc. Until such time as the property is subject to a Final Jugment and goes to the "highest...

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