Mark R. Osherow’s Answers

Mark R. Osherow

West Palm Beach Litigation Lawyer.

Contributor Level 8
  1. How to amend answer & add defenses

    Answered over 2 years ago.

    1. Harry Thomas Hackney
    2. Mark R. Osherow
    3. Thomas Michael Bates
    3 lawyer answers

    You can also file a motion seeking to amend your answer. These are commonly granted. You will then be able to file your amended answer and affirmative defenses. You can and should attach the amended answer and affirmative defenses to your motion. In Florida this is generally required.

    4 lawyers agreed with this answer

    1 person marked this answer as helpful

  2. In a civil trial, what is the process that takes place up until the trial. What are both sides trying to accomplish ?

    Answered over 2 years ago.

    1. Jimmie David Gentle
    2. David Richard Damore
    3. Robert David Richman
    4. Benjamin J Lieberman
    5. Dave Bahr
    6. ···
    7 lawyer answers

    I would recommend you do some general research on the Internet. there are many well-written articles that explain the civil trial process from filing of a complaint, through discovery, mediation, and trial if necessarily.

    1 lawyer agreed with this answer

    1 person marked this answer as helpful

  3. NY- "Order to show cause" hearings

    Answered about 6 years ago.

    1. Jeena R. Belil
    2. Mark R. Osherow
    2 lawyer answers

    Generally, an order to show cause, is a court order requiring a party to litigation to "show cause" before the court at a particular time and date, why the court should or should not take a specific action. Usually, because a party is entitled to due process, the order to show cause is a mechanism the court can use if it intends to take a particular action against a party (due to its/his/her prior failure, for instance, to comply with a prior court order). However, because of due process...

    1 lawyer agreed with this answer

    1 person marked this answer as helpful

  4. FL personal injury law, criminal liability for auto accident

    Answered about 6 years ago.

    1. Corey Adam Leifer
    2. John Alexander Willis
    3. Mark R. Osherow
    4. Richard Adam Sachs
    5. Thuong-Tri Nguyen
    5 lawyer answers

    If you were responsible for causing the accident (i.e., you were negligent), a judgment could be obtained against you for the damages sustained. However, you cannot be placed in prison simply because you are unable to satisfy a judgment. Generally, under current law, the insurance company has an obligation to equitably pay the various injury claims. Failure to do so could expose the insurer to additional liability. The laws can be complex and the application of the law to the specific facts of...

    1 lawyer agreed with this answer

    1 person marked this answer as helpful

  5. If after 12 weeks of FMLA, the employee decide they can't ret'n to their P/T job, what options do they have?

    Answered about 2 years ago.

    1. Alix R. Rubin
    2. Mark R. Osherow
    3. Jon Michael Probstein
    4. Vincent Peter White
    4 lawyer answers

    I would strongly suggest you search this inquiry on the Internet, to understand the FMLA, and any rights you may or may not have under your particular situation. If at that time you have a specific question pertaining to your situation you should return.

    1 lawyer agreed with this answer

  6. Can a customer sue me after refusing me the opportunity to fix disputed problem under Warranty work clause in contract?

    Answered over 2 years ago.

    1. Royce Brent Bishop
    2. Earl Kenneth Mallory
    3. Mark R. Osherow
    3 lawyer answers

    Of course you can be sued. Whether you have any liability is another question. Keep in mind, that the contractor would need to likely prove that the work was not performed in a professional manner or negligently performed in some fashion.

    1 lawyer agreed with this answer

  7. At closing I will get a "QUIT CLAIM DEED". Should I be concerned?

    Answered over 2 years ago.

    1. Heather Morcroft
    2. Mark R. Osherow
    2 lawyer answers

    I do not know the law in Georgia, but generally a quitclaim deed only confers title to the extent that it was held by the person or entity transferring to you. You would likely be stuck with any problems with the title to the property or liens. So yes, this is something you should at least investigate further, or not accept a quitclaim deed. A better option is a warranty deed that if done properly would generally provide standard warranties by the seller that you are receiving good and...

    1 lawyer agreed with this answer

  8. Do contingent fees count as "attorney fees" when getting awarded attorney fees by the judge?

    Answered about 3 years ago.

    1. Katie Lee Dearing
    2. Jeffrey B. Lampert
    3. Mark R. Osherow
    4. Joseph Jonathan Brophy
    4 lawyer answers

    This is a hypothetical; otherwise, I'd suggest this is something you need to discuss with your attorney. This is a difficult question to answer without specifics as to the rules and ethical requirements in your jurisdiction. it may also depend on the written retainer agreement. In some jurisdictions the attorney will be entitled to the contingency fee on the amount of the award plus the fees recovered, but does not get the contingency fee plus the fee recovered. I have not heard of any...

    1 lawyer agreed with this answer

  9. Appealing a ruling

    Answered about 6 years ago.

    1. Dennis Andrew Chen
    2. Adam Todd Dougherty
    3. Will Murphy
    4. Mark R. Osherow
    4 lawyer answers

    Generally, an appeal must be filed within 30 days of what is known as the rendition of a judgment. Accordingly, after 11 years it is generally too late to file an appeal. Possibly, an appeal could be filed if the original judgment was the result of fraud. If that was the case (not suggested in your submission), you should seek the opinion of counsel as to the specific fact of your situation.

    1 lawyer agreed with this answer

  10. Foreclosure

    Answered about 6 years ago.

    1. Mark R. Osherow
    2. John M. Kaman
    2 lawyer answers

    Generally, a lis pendens gives notice of an action pending that may affect title to the property or involves a claim to the property. Whether or not set forth in the deed, these are clouds on clear title that generally need to be resolved prior to transfer of property (unless agreed otherwise). They cannot, if listed in a deed, be taken off of the deed, unless the litigation to which the lis pendens relates is resolved.

    1 lawyer agreed with this answer