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Robert John Healy Jr.

Robert Healy’s Answers

29 total

  • I was denied claims from Pasco county risk management for damage to my BMW rim and tire $817.00.

    I reported the pot hole Oct 24 2012. I went to the roads and bridges dept. and researched the street and prior complaints and found the pot hole was reported 20 June 2012and repaired 13 July 2012. My knowledge of roads is that the pot hole was i...

    Robert’s Answer

    You have a potentially valid claim. Of course you have to prove that you are right to prevail. And given the amount at issue, I would say that small claims court is the only option. Unfortunately, to file suit against the county you will have to provide appropriate notices to the County and DFS in Florida, which can be a hassle.

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  • We live in Wisconsin and are the defendants in a civil hearing in florida. Looking for answers to florida Civil law.

    1. the plaintiff filed a motion for a hearing , expecting us to be in default. We were granted a hearing by phone . Once the plaintiff found out he asked for a continuance with no new date set. How long does the plaintiff have to file a motion for...

    Robert’s Answer

    There's a lot going on here. You may be able to get yourself dismissed from the case, but it's impossible to say without a lot more information. You need to schedule a consultation with a lawyer in the area where the suit was filed, and probably will need to hire an attorney to sort this out.

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  • If Your DL expires

    is Your family members or friends can still drive Your car (under Your name)if insurance paid on time ? Thanks

    Robert’s Answer

    Anybody with a valid license can drive a car that has valid insurance on it as a permissive user. The fact that you don't have a license doesn't change that. You may want to verify the coverage is in place with your insurance company to be sure, first. It doesn't hurt to tell them what you're planning to do so there is no misunderstanding.

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  • I need help with possible fraudlent activity by my insurance company.......

    I just noticed my car insurance company increased my premium by by adding someone on I DO NOT KNOW to my policy. they said this persons name came up under my current address and they added him without my permission. they said they sent me a lette...

    Robert’s Answer

    If they're adding people to policies because they come up on an address search, that certainly sounds questionable. But, if they gave you the money back, you don't have any real damages yourself.

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  • If a plaintiff files an amended complaint, does that reset the time period for service of process?

    We filed an amended complaint before any of the defendants filed an answer. Some of the defendants filed a motion to dismiss, but there has been no court action on that. Some of the defendants have not been served. Does the 120 day period in wh...

    Robert’s Answer

    I agree with the other attorneys but would just impress upon the importance of getting the time for service extended and serving process on the defendants. If you are past the 120 days you may be asked to show the steps you have taken to serve the defendants or possibly have the case dismissed.

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  • I filed a motion for dismissal two years ago and now we have a pretrial hearing. Was I to ask for the motion to be heard?

    Our house has been in foreclosure for over 3 years. We finally moved and have it occupied so it doesn't get vandalized. (had to move due to work) The attorneys messed up by not filing things properly and a judge told them to either do it right ...

    Robert’s Answer

    It's very unusual for a Judge to rule on a motion without the motion being scheduled for a hearing. Otherwise the party whose case you are trying to dismiss wouldn't have an opportunity to be heard. Notice of the hearing gives the party the opportunity to be prepared to argue their position at the hearing. you should probably call the Judge's assistant about scheduling the motion and discuss it with the Judge at the pretrial.

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  • Are court costs awardable?

    In quantum Meruit case in Florida, Plaintiff lost on two of his three count case and his claim of lien was dismissed. After order was issued, Plaintiff filed motion for award of court costs which included $2,500 for another attorney who witnessed ...

    Robert’s Answer

    The easy answer is it's up to the Judge. The prevailing party is entitled to their taxable costs. The Judge should determine who the prevailing party is for purposes of costs. You should have a good argument that the expert witness fee for the attorney regarding attorney's fees that were not awarded are not taxable as costs to you.

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  • Can a party request an ex parte order?

    We may need an order from the judge to get the clerk to sign a form needed to serve some defendants in another country. Can we make an ex parte motion for an order like this and have the order issued without notifying defendants? If we notify th...

    Robert’s Answer

    Yes. Issues regarding service of defendants are often done ex parte because the defendants, having not been served, have not made appearances in the action. We routinely get ex parte orders issued regarding extending the time for service. I'm not sure the issue you have with service but it may be one where an ex parte order could be issued.

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  • Can i bring claim against police dept. for "excessive force" for being shot w/taser while riding my bike?

    i was riding my bike alongside the sidewalk when a whitemale jumped out of a car pointing a gun/taser at me yelling get down, get down, get down on the ground now! in all honesty, i thought that i was caught up in the middle of something so i made...

    Robert’s Answer

    It is possible to bring a claim for excessive force that resulted from the use a taser. Whether you have a valid claim, will require a detailed discussion with an attorney as well as a review of the police records regarding the incident.

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