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John Joseph Shahady

John Shahady’s Answers

5 total

  • If i file a motion for reconsideration/rehearing (fraud), i will be loosing the opportunity to file an appeal ?

    -i filed a motion bud was denied -i;m about to file the motion for reconsideration but im not sure if i will waste the opportuny to appeal this decision - i have several reasons to vacate this fraud judgment, just applying laws.: -plaintiff lac...

    John’s Answer

    You need to speak to an appellate lawyer about this. The 30 day requirement to file a notice of appeal may or may not be tolled by serving a motion for rehearing/reconsideration depending on the order or judgment entered by the court. You may have a valid basis for appeal but could lose the right to appeal if not done correctly.

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  • Can you demurrer a countersuit due to incorrect defense and previous case in progress

    llegal eviction civil suit in progress. Recently, the landlord filed a countersuit stating i owe rent in which i dont, accusing we dont have a lease, which we do.

    John’s Answer

    A landlord needs to comply with the requirements of the Florida Statutes to be able to file an eviction action against a tenant. If the counterclaim is improper, you have defenses you can assert but you must also comply with the Florida Statutes when you assert these defenses.

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  • Can you sue for an undetermined amount in Florida?

    Our company is a Defendant in a lawsuit in a small claims case. We believe the other party committed fraud in the course of the lawsuit. The value of damages will take some time to narrow down (some of the damages deal with a business credit ratin...

    John’s Answer

    You may need to file a counterclaim in that action to preserve your rights, depending on the facts and issues of both claims. Depending on your damages, your case will be in county or circuit court. County court is for cases with damages less than $15,000, while circuit court is for cases with damages greater than $15,000. While you are not required to allege the exact amount of damages, you need to speak to an attorney to determine the recoverable damages in fraud and how to proceed with your case in county or circuit court.

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  • My roommate in Florida wrote checks from my account for 2 years ranging from $100 to $5000 with a grand total of $100,000.

    My roommate and friend wrote checks on my account, which he has done to pay household bills and we shared credit cards and it was never a big issue. We aren't great friends anymore and while he has paid back about $30K of the money, he has fallen...

    John’s Answer

    The statute of limitations in Florida is five years for written contracts and four years for oral contracts. If you dont have anything in writing describing the amounts owed and when payment is due, such as a promissory note, then you have 4 years from the date the money is owed to file a lawsuit to enforce payment.

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  • Can a physician hire an attorney to sue another attorney for not honoring a Letter of Protection in the state of Kentucky?

    We have several cases where we received signed Letters of Protection from attorney's in the state of Kentucky, cases have settled monies have been disbursed in some cases and these attorneys have not honored our letters of protection. Our bills ar...

    John’s Answer

    • Selected as best answer

    A Letter of Protection is a legal document that guarantees the provider will receive payment out of any personal injury recovery obtained on the injured party's behalf. In exchange for a guarantee of payment out of any personal injury recovery, the provider agrees to wait for payment until the personal injury claim is over. If the cases have been settled and monies dispursed, then the party that signed the Letter of Protection is responsible for payment like any other contract, and you can take legal action to enforce these contracts.

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