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Eugene P. Castagliuolo

Eugene Castagliuolo’s Answers

1,199 total


  • Can we file a legal action against a contractor and how solid would the case be ?

    I own a restaurant. We hired a company to redesign our menus and install a drive thru board. This has been on going for more than a month. The company failed to meet the deadline . We kept working with them to come up with another deadline but th...

    Eugene’s Answer

    It sounds like you have the basic elements for a breach of contract action, but you won't know for sure until you bring all of your paperwork and your full story to an attorney and lay it out in front of him/her.

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  • Will you represent me?

    I am trying to find an attorney who would be willing to take my sexual molestation case against a doctor in Hernando County. As his patient - I was molested by him during an office visit. I reported him to the Florida Medical Board and he was let...

    Eugene’s Answer

    This a very tough situation for you I'm sure. You have what is often called a "he said she said" case. Without more evidence than your word, you will have a tough time finding an attorney. But with additional evidence (such as a psychiatrist or psychologist who will testify that this doctor's behavior has caused you to suffer psychological trauma), you may have an easier time. Schedule some appointments with some plaintiffs' personal injury lawyers in your area, see how they evaluate your case. Good luck!

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  • Who and what can ban a court recorder from making a transcript?

    In a case I had I had asked for a court recording of a hearing. It was a civil case, not criminal, no minors involved and no money or inheritance mentioned. So I got billed for the court recorder showing up but no transcript was made.So who can ba...

    Eugene’s Answer

    Typically, you paid to have the court reporter show up and transcribe the proceedings. If you want a transcript, that cost is separate. Many times there is a good reason to have the proceedings transcribed, but fewer reasons for actually ordering the transcript. Basically, you only order it if you need it. If you don't need it, you don't order it.

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  • Is the answer to any question "retain counsel / get a lawyer" ? That's what it looks like.

    is the answer to any question "retain counsel / get a lawyer" ? That's what it looks like.

    Eugene’s Answer

    Unfortunately, the nature of most questions on Avvo is analogous to you going to your auto mechanic with a serious engine issue. You say to the mechanic "I don't want to pay you any money and I don't want you to fix my car, I just want you to pull up a lawn chair, sit by my car for 6 hours, and tell ME how to fix it." Duh. Is it getting through to you now??? Still confused?? If you are, then no one can help you... When you start working for free then I'll start working for free. Deal?

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  • What is the accepted custom for a pro se individual to provide his own testimony?

    About to go to trial pro se in small claims court. Curious as to the proper method for a pro se individual to question himself to provide necessary testimony. Does he propound the question from the podium and then walk and sit down in the witness ...

    Eugene’s Answer

    Not only do you have to keep running between the podium and the witness booth, you have to also change your clothes each time you do so the judge won't get confused. Remember, you're playing two different roles. All kidding aside, all you have to do is tell your story. It's actually probably going to be more efficient than having someone ask you questions, because if you're prepared, you won't forget anything you want to say.

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  • I'm still disabled and have been told by lawyers informally that I'm judgment proof. Should I hire another lawyer to defend me?

    I became disabled and defaulted on 2 credit cards with American Express 11 years ago. 9 years ago they filed a lawsuit against me for the balance owed on the 2 accounts. I hired a lawyer and paid him a couple of thousand dollars. He answered their...

    Eugene’s Answer

    You may be collection proof but you probably aren't judgment proof. By filing their motion for summary judgment, they are closing in for the kill. Unless you have plans to file bankruptcy, I would strongly advise you to seek the counsel and services of another lawyer like yesterday. Good luck!

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  • Can I sue for this?

    Walked into Arby's to get food. Walked to the counter as the gentleman was taking my order another arbys employee out loud stated I can see your package and you should get bigger pants in front of the entire diner. Completely embarrassed to say th...

    Eugene’s Answer

    Free food for life is probably the best deal you're going to get in this situation. Even if you can find an attorney willing to take this case (which won't be easy), are you willing to pay some up-front attorneys' fees to initiate litigation based on these facts? If yes, then start searching for an attorney in your area. If no, then accept the manager's offer, and insist that he put it in writing. Ask him to give you some type of "preferred VIP" card so, even if that manager isn't on duty or leaves that job, your card will be honored whenever you walk into that particular establishment.

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  • Do we have any recourse against the dealer?

    We bought a 2002 Ford F150 in May 2015, 2 weeks later the engine light came on. We had it diagnosed and there were major issues with the engine and it needs to be replaced. We just found out that the engine is not the original. The main reason w...

    Eugene’s Answer

    With "as is" purchases, there is a presumption that the buyer is out of luck. While this is the case most of the time, it is not an absolute rule. For example, if explicit statements regarding certain aspects of the vehicle's condition were made by the seller, these facts can overcome the "as is" preclusion against buyer recourse against the seller. The only way to determine where you fit is to consult personally with an attorney who handles these types of cases.

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  • Can they force me to take deposition in this situation?

    I was served a Subpoena for Duces Tecum for deposition in aid of execution. I was told by a family member who is a lawyer that without a stamp of the clerk of the court the Subpoena is not worth the paper it is written on and I can not be forced t...

    Eugene’s Answer

    Plain and simple, your family member is incorrect.

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