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Peter Scott Van Keuren

Peter Van Keuren’s Answers

186 total

  • Do you have an example of what a short and plain statement of court's jurisdiction depends? Also.......

    The Florida Rules of Civil Procedure 1.110 requires (1). a short and plain statement of the grounds upon which the court's jurisdiction depends (2) a short and plain statement of the ultimate facts showing the pleader is entitled to relief and (3)...

    Peter’s Answer

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    Jurisdiction in Florida's trial courts is predicated on the amount in controversy. For a circuit court case a Statement of Jurisdiction is: This is an action for damages in excess of $15,000.00 within the jurisdiction of this court.

    County courts are under $15,000.

    If you look at the Forms located at the end of the Florida Rules of Civil Procedure, you will see examples of how to plead various causes of action.

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  • Push pin with a civil Action

    I have a letter that show up about 2 weeks ago stating that I need to pay PUSHPIN HOLDINGS LLC $3,895.63. The problem is a credit card machine I return about 10 years ago to the 3rd handling company in Tampa, now they are saying that I need to...

    Peter’s Answer

    There are a lot of questions raised by your post however, I would start by trying to understand what State law governs your action. You indicate that suit was filed or contemplated in Illinois but you are posting in a Florida area. This is important because the claim threatened against you may be barred by the statute of limitations. This is an affirmative defense however that you must timely assert it if applies. If in fact the statute of limitations has run, it may be a complete defense to the claim.

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  • What happens in a personal injury case when the otherside gets the denand package and doesnt reply by law can they be forced to

    Got assaulted on job by supervisor

    Peter’s Answer

    If the other side is unable or unwilling to respond or make an offer to settle you have a choice. You can file suit or walk away. When there is a commercial policy with large limits it is unlikely that the insurance company is worried about bad faith issues. You can try sending them a copy of the Complaint, but that won't necessarily cause them to make an acceptable offer to you without a lawsuit.

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  • Trash truck hit my vehicle and left without notice. They verbally agreed to pay for damages and now they said they wont. HELP!

    6Days ago the trash truck hit my vehicle that was parked (legally) next to the dumpster. I contacted the waste company that same day and a supervisor came out to see the damages. He denied the fact that the truck did it and told me unless i had pr...

    Peter’s Answer

    It depends on the amount it will cost to repair your vehicle. You may take the video to the police department and file a report on a hit and run if the video is clear. Be warned, you cannot threaten to go to the police to coerce a settlement. That is extortion. You either go to the police or you don't.

    If you go to the police and they pursue charges, as a victim you have certain rights that the court might consider. In that regard the court might order restitution saving you the trouble of suing them.

    Otherwise, you can file a small claims or county court action.

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  • What is the greater weight of evidence in Florida supposed to mean?

    Evidence, burden of proof.

    Peter’s Answer

    • Selected as best answer

    The "greater weight of evidence" is the burden of proof required to be met in a civil action. It used to be referred to as the "preponderance of the evidence" No one knew what that meant either. Generally, the greater weight of teh evidence is described in jury instructions as:

    “Greater weight of the evidence” means the more persuasive and convincing force and effect of the entire evidence in the case.

    in other words, if the evidence is placed on a balance scale, the side that tips, by however little, has met this burden. It is the burden of the party making the claim or defense to establish the evidence by this amount.

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  • Got into an accident in a friends car that didn't have and friend are being sued 3 years later what can we do?

    the police report stated that the other person's car had $10,000 worth of damage which it didn't but I don't think the police officer is qualified to state the amount of damage of a crash. what am I to do now?

    Peter’s Answer

    You need an attorney to defend you. Unfortunately, that will cost money. You state that your friend owned the car and didn't have insurance. If you were driving and you were covered by an automobile policy, then your company will defend you. You may even be covered if you lived with an insured relative at the time of the crash. you need to explore these options. if you find coverage, the insurance company will provide your defense and possibly pay any damages awarded against you.

    DO NOT try and handle this alone. There are too many issues for a non-lawyer to address. For instance, the police report you refer to is not even admissible in evidence, if a proper objection is made.

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  • We had a pre-trial hearing for a summary judgement and the judge Denied the platiffs motion and said it needed to go to trial.

    This has been a year now and we have never heard anything more. Is there a time limit on how long they can go without doing nothing?

    Peter’s Answer

    Take a look at Rule 1.420(e) of the Florida Rules of Civil Procedure. It requires that you provide notice of your intent to dismiss for failure to prosecute and allows the Plaintiff an opportunity to take some action in the case before dismissal. I have copied the Rule below for you.

    "(e) Failure to Prosecute. In all actions in which it appears on the face of
    the record that no activity by filing of pleadings, order of court, or otherwise has
    occurred for a period of 10 months, and no order staying the action has been issued
    nor stipulation for stay approved by the court, any interested person, whether a
    party to the action or not, the court, or the clerk of the court may serve notice to all
    parties that no such activity has occurred. If no such record activity has occurred
    within the 10 months immediately preceding the service of such notice, and no
    record activity occurs within the 60 days immediately following the service of such
    notice, and if no stay was issued or approved prior to the expiration of such 60-day
    period, the action shall be dismissed by the court on its own motion or on the
    motion of any interested person, whether a party to the action or not, after
    reasonable notice to the parties, unless a party shows good cause in writing at least
    5 days before the hearing on the motion why the action should remain pending.
    Mere inaction for a period of less than 1 year shall not be sufficient cause for
    dismissal for failure to prosecute."

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  • Legal coaching or "unbundled services"

    what attorneys in florida offer unbundled legal services or legal coaching?

    Peter’s Answer

    You can negotiate the services that you would like an attorney to provide for a set fee arrangement. You should understand that selling unbundled services can be risky for an attorney and therefore, you have some trouble finding someone to do so. Generally, a fee agreement that specifically lists what the attorney will do and the compensation therefore will be very detailed. I can see a client getting upset if the attorney refuses to expand the services once things get sticky for the client.

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  • My UN licensed adult brother took my car and damaged it, while driving without my permission he hit a stationary object.

    A police report was not filed. Is it possible to make a claim, without my brother getting into legal trouble? I have full coverage. No one was injured during the accident.

    Peter’s Answer

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    You might make a claim if you have the coverage for collision damage, however, the insurance company will always conduct an investigation of some sort. During the investigation they will ask the details of the crash. You will either tell them the truth or you will commit insurance fraud and lie about the facts. If you tell the truth, the insurance company will likely seek subrogation from your brother for the damages he caused.

    If you choose to lie and commit insurance fraud, which I strongly advise against, the claim might be paid, but you may face felony charges down the road. Your best option is to work something out with your brother where he pays for your repair.

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  • Am I required to appear for a deposition? What if I do not show?

    Hello, Recently I was notified by an attorney representing my former employer stating that they are looking for deposition from me regarding a suite between my formal employer and others (part of the company.) The request contains the follow...

    Peter’s Answer

    As a non-party to the lawsuit you can only be compelled to attend a deposition if a subpoena is served upon you. once you are served with a subpoena, the court obtains personal jurisdiction over you and can compel your attendance under its general contempt power. You are not required to voluntarily appear at the deposition based upon a letter, email, or verbal request. You should not ignore a subpoena, but you are free to ignore the attorney's other communications.

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