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Stephen Brian Bull

Stephen Bull’s Answers

137 total


  • What kind of lawyer do I need to dispute a non compete agreement

    I worked as a personal trainer at a gym and want to go work for a new gym that is within the noted mirage in a non compete agreement

    Stephen’s Answer

    You don't necessarily need an attorney that limits their practice to employment law. There are many attorneys competent to give you legal advice concerning the enforceability of a non-compete. Although it is probably a good idea to pay an attorney to consult about the agreement and your circumstances you can also review the controlling statute in Florida concerning non-compete agreements (Section 542.335. The link is set forth here:
    http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=0500-0599/0542/Sections/0542.335.html

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  • Can a lawyer issue a subpoena to force someone to reveal information from someone for their client.....

    If there is no underlying lawsuit or even one planned (or criminal proceeding) and none planned Just one for the sake of gaining knowledge No damages involved or to be alleged...nor criminal Just a subpoena to force info and not for the s...

    Stephen’s Answer

    I don't really understand your question but generally a civil lawyer can issue a subpoena in connection with a lawsuit. First, a lawsuit would need to be pending for a civil subpoena to be issued. Second, a lawyer can issue a subpoena to direct a nonparty to a lawsuit to produce documents and testify under oath. However, a party and/or nonparty has the right to object to the discovery on various grounds to numerous to list in response to your question.

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  • Is allowing easement through my property a risk?

    Family dollar is building next to my property. They would like to add an easement through my property which is a vacant commercial lot, and in exchange they are giving me rights and ownership 20ft into their property which runs the length of my pr...

    Stephen’s Answer

    Yes, Yes, and everything and anything is negotiable. You should retain an attorney to review the easement language and advise you of your rights and obligations. The rights and obligations would be set forth in he easement. You might be able to get Family Dollar to agree to pay for an attorney to review and advise you concerning the easement. Also if you grant the easement you should require Family Dollar to maintain insurance that would cover you and agree to indemnify and hold you harmless if their is any accident or injury resulting from use of the easement.

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  • Defendant has delayed their appearance at deposition for 3 years. Should plaintiff's attorney move for default?

    Attorney feels a motion to compel is too drastic an action and has allowed defendant to several times no show etc

    Stephen’s Answer

    If you are not happy with your attorney then you should consider discharging your attorney and hiring a new one. With that said I agree with my colleagues that there are not enough details but I find it very unusual that a defendant has been able to successfully delay a deposition for three years. If a defendant has not appeared a scheduled deposition a motion to compel is not the only motion I would be filing. I would also seek sanctions for the non-appearance. A motion for default is too drastic a step. A court will not grant it unless the Court finds the defendant is in contumacious disregard for the court's authority or an order. You would need at least one, and possibly, more orders requiring the defendant to sit for deposition that the defendant violates before a court will likely even consider defaulting a defendant.

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  • How do I make the pers. reps pay my court awarded judgment?

    judgement award in 2011,for interest from 2004, pers. reps signed agreed consent order, but have spent estate assets for personal use, and sold real estate omitted from IRS estate tax form. I HAVE DOCUMENTS FROM ESTATE THAT PROVE THE PERS. REPS. ...

    Stephen’s Answer

    You need to consult with an attorney. You will likely need to pay the attorney for a consultation. This is not a simple question that has a simple answer. You state you have a judgment. Who is it against? The decedent? The PR? The Estate? Is the estate still open? What efforts did you undertake to collect?

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  • Can I sue my Mortgage Company for attorneys fees?

    I tried to reinstate my mortgage without an attorney and the funds were returned to me 3 times even though each time it was more than what was presented on the reinstatement letter from the Company. The funds was also sent in earlier than the due...

    Stephen’s Answer

    I doubt you will find any attorney who will help you on that matter. Although $3800.00 is a lot if there was no lawsuit filed but it seems like you voluntarily paid the fees and costs as a settlement. What makes you think you can get the money back? I agree with my colleagues. What happened to the attorney who was representing you? Why did you pay the legal fees? Was there a settlement agreement? Pick up the phone and call your attorney.

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  • What if I withdraw a motion?

    I made a motion for rehearing of a summary judgment. Actually, it was a partial summary judgment that was mischaracterized in the order as a "final summary judgment". This mischaracterization is, of course, one of the things I want to object to....

    Stephen’s Answer

    I agree with my colleague. You need to actually bite the bullet and pay for an actual consultation with an attorney.

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  • How can a foreclosure continue when judge dismisses case?

    In May at a hearing judge told Wolfe and associates that because they did not respond to an affirmative defense filled on, my behalf that he was dismissing case, in July at another hearing judgr granted final judgment and scheduled a sale date, ho...

    Stephen’s Answer

    I agree with my colleague. You should consult with a local attorney. However, your summary of the facts doesn't make much sense. First, a plaintiff does not need to respond to an affirmative defense. Second, a judge cannot dismiss a case for failure of a plaintiff to respond to an affirmative defense. It Is likely you misunderstood the judge.

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  • Under what circumstances, if any, can a non-resident of Florida sue another non-resident of Florida in the state of Florida?

    This is not a dispute over property.

    Stephen’s Answer

    I agree with my colleague. You should contact an attorney concerning the specific facts of the dispute. However, you can also look at Chapter 47, Florida Statutes (Venue) that set forth venue requirements. You would also need to consider whether a Florida court would have personal jurisdiction over the Defendant. Again, too many variables to give an answer.

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  • My attorney has missed yet again another deadline and I cannot supplement my deposition and it is wrong. Can I get an extension

    The defendant withheld info until after my deposition making some of my answers incorrect. The new info was in their Motion for Summary Judgment , the hearing for that is 9-18-13 and my attorney included this in my response. I am going to media...

    Stephen’s Answer

    You should speak with your attorney about whether to supplement and/or change any answers in your deposition. I can understand if your answers were not complete but if your answers are incorrect because "[t]he defendant withheld info until after my deposition making some of my answers incorrect" then I would have concerns about your veracity. At your deposition you had an obligation to answer the questions under oath truthfully and correctly. If you did not know the answer, could not remember, or if the question was confusing, then you should have answered accordingly. Often a witness testifies believing there is no documentation to refute the answer. Often a witness answers questions in the manner that the witness thinks will help out the case. An opposing attorney withholds incriminating information in hopes that the witness will lie under oath or give incorrect testimony that can be used to impeach the witness at trial.

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