Richard Eric Berman’s Answers

Richard Eric Berman

Fort Lauderdale Lawsuit / Dispute Attorney.

Contributor Level 8
  1. I have a tenant under eviction, this is going on forever, can I threaten to report her to her employer a major corporation

    Answered over 1 year ago.

    1. Richard Eric Berman
    2. Timothy C Martin
    2 lawyer answers

    Not a good idea. By doing so, you are potentially exposing yourself to a claim by the tenant should he or she lose their job. The eviction is entitled to summary procedure, using a 5 day summons. A tenant can't just stay at the residence without paying rent, even if the payment of rent is into the Court Registry. If that is not happening, you should be able to evict your tenant quickly, get a writ of possession and then have the sheriff remove them from the premises. It should not drag on...

    5 lawyers agreed with this answer

  2. What is the proper way to introduce witnesses and sworn statements in my contempt case? Family law in Miami Florida

    Answered over 1 year ago.

    1. Richard Eric Berman
    2. James Adrian Cueva
    3. Karen Jean Haas
    4. Kenneth Manuel Damas
    5. Carin Manders Constantine
    6. ···
    6 lawyer answers

    I agree with the others, but to answer your question, you need to subpoena the witnesses and they need to be present and offer their testimony live to the Judge. Affidavits and "sworn statements" are not going to help in an evidentiary hearing. You can call witnesses, including an expert who is qualified by the court and permitted to testify as an expert, thus giving his or her opinion to the Court. Sworn statements are hearsay, and don't come into evidence except in certain circumstances. To...

    Selected as best answer

  3. Can a 3rd party email be submitted as evidence without being notarized?

    Answered over 1 year ago.

    1. Richard Eric Berman
    2. Clifford M. Miller
    3. Christian K. Lassen II
    3 lawyer answers

    No. It is hearsay. You need the person that wrote the email to appear in court, or to have been deposed and then not available for trial. Notarizing the document won't help you. Even an affidavit from that person will not be admissible at trial, although, you can use an affidavit which attaches that email in support of or in opposition to a motion for summary judgment. Notarizing a document does nothing for you.

    4 lawyers agreed with this answer

    1 person marked this answer as helpful

  4. I was reading the details for an auction property that says Warranty Deed, does that mean that it has a clear title ?

    Answered over 1 year ago.

    1. Richard Eric Berman
    2. Marshall C Deason Jr.
    3. Andrew Michael Bonderud
    3 lawyer answers

    Maybe. It depends on what title defects exist and whether or not there will be exceptions to title which would be set forth in a title policy. If it comes with a clean title policy, you are in good shape.

    Selected as best answer

  5. Mother signed a quit claim deed to my name a year ago, I have not recorded it yet. Have one sibling, what happens if she dies?

    Answered over 1 year ago.

    1. Pamela Thea Higer Polani
    2. Carol Anne Johnson
    3. Will Murphy
    4. James P. Frederick
    5. Charles Adam Shultz
    6. ···
    8 lawyer answers

    Record the Quit Claim Deed as soon as possible if you want to have sole interest in this property. If she dies without you recording the deed, it is subject to prior sale to someone else or distribution by her will or if she were to die without a will, her children would share the property equally. . If you record the Quit Claim Deed, and there has been no intervening deed recorded, the property will be yours.

    4 lawyers agreed with this answer

  6. Business Dispute - Out of State Client located in Boca Raton, FL refused to pay for Website Development services

    Answered 4 months ago.

    1. Richard Eric Berman
    2. Kendra L. A. Stephen
    3. Daniel Mark Levine
    3 lawyer answers

    The contract need not be in writing to be enforceable. If you provided services in exchange for an agreed upon payment, and that payment was not made, you have the right to bring an action against the Florida company in Florida. There are several different claims that may be asserted, depending upon the underlying facts. An exchange of emails can form a contract, as can a mere oral agreement, so long as the agreement can be performed within a year. The fact that software development is involved...

    Selected as best answer

  7. I disputed my attorney fees. He filed an attorney's charging lien. Case received final judgement over 3o days ago so no appeal

    Answered over 1 year ago.

    1. Barbara Billiot Stage
    2. Richard Eric Berman
    3. Brad Elliott Kelsky
    3 lawyer answers

    Fee arbitration with the Florida Bar is voluntary, not mandatory. If you did not recover funds in the case, the attorney will have nothing from which to satisfy his lien. If you were successful, the lien must be adjudicated before the court to determine how much, if any, of your recovery will go to the attorney. The facts will determine who wins. Did your attorney's action in not requesting a continuance have an impact on the trial? Would the court have even granted a continuance? Were the...

    Selected as best answer

  8. Can I dispute a severance agreement 6 months after it was signed for unfair and deceptive clauses regarding some benefits?

    Answered over 1 year ago.

    1. Richard Eric Berman
    1 lawyer answer

    It depends upon the facts. If you were induced to continue to work based upon false promises, known to be false when made, reasonably relied upon those representations and were damaged as a result thereof you may have a claim for fraud in the inducement. It is very fact specific and without knowing more and seeing more it is difficult to provide a further response. You need to discuss your situation with counsel.

    3 lawyers agreed with this answer

  9. I live in Fl. My spouse lives in another state. Would it be better for me if he does not move back in before I file for divorce?

    Answered over 1 year ago.

    1. Richard Eric Berman
    2. Robert Jason De Groot
    3. Richard A Merola
    3 lawyer answers

    If you are married, your spouse is either on the Note and Mortgage, or at least on the Mortgage, and in any event, has a homestead interest in the property. You can file an Petition For Dissolution and ask for exclusive use and possession of the property, pointing out that you have been living there by yourself for 5.5 years, with minor exceptions. The Court has the authority to equitably distribute all marital assets, including the marital residence and could award you the home in exchange for...

    3 lawyers agreed with this answer

  10. I am legally recognized as my 11 month olds father. Is her mother allowed to move her out of state without my permission?

    Answered over 1 year ago.

    1. Brent Allan Rose
    2. Justin Gary Hausler
    3. James Donald Garrett
    4. Anthony Michael Solis
    5. Richard Eric Berman
    5 lawyer answers

    This is a relocation issue and their is a specific statute addressing what must be done. If you are the "legally recognized" father, meaning that paternity has been established by court order, she can't move more than 50 miles without a good reason, approved by the Court. You will get a prompt hearing if you file the correct documents. You need an attorney immediately.

    3 lawyers agreed with this answer

954-735-0000