Mark D. Siegel’s Answers

Mark D. Siegel

Sarasota Litigation Lawyer.

Contributor Level 10
  1. Can you explain the difference of malpractice insurance vs personal injury insurance.

    Answered over 1 year ago.

    1. Mark D. Siegel
    2. Jeffrey Robert Davis
    3. Larry Alan Apfelbaum
    4. Christian K. Lassen II
    5. Lars A. Lundeen
    5 lawyer answers

    My first question would be about the person's state license - is she an LPN or otherwise licensed by the state? Have you contacted several references and done a background check? Her response about 'personal injury insurance' gives rise to some concern. It may be that she has professional liability insurance; but it also may be merely a claim. Among many other issues to investigate, you would want copies of any insurance policy(ies). No, any such insurance is not the same as being...

    11 lawyers agreed with this answer

    1 person marked this answer as helpful

  2. What will happen at DUI Violation of Probation arraignment?

    Answered about 1 year ago.

    1. Justin Gary Hausler
    2. Brian Robert Dettman
    3. Mark D. Siegel
    4. Betty Elaine Jones
    5. Margaret Mary Gutierrez
    5 lawyer answers

    Like the others, I doubt that the VOP charges will be dropped, because he was charged with two violations relating to driving on a suspended license. Even though the 'new charges' are resolved, a condition of his probation is not to drive unlawfully. The proceedings and results of the VOP arraignment should be discussed by him with his criminal defense attorney. Like any case, the results will likely depend upon the specific facts of his case.

    8 lawyers agreed with this answer

  3. Bank cashed rent check for wrong amount and now 9 month later, asking me to pay

    Answered over 1 year ago.

    1. Mark D. Siegel
    2. George Costas Andriotis
    3. Majid Vasigh
    3 lawyer answers

    While it is certainly true that you did nothing wrong and the error was not yours, it is still the case that you did not pay full rent nine months ago. The landlord is within the statute of limitations to collect back rent. However, you are not without an argument that the landlord has waived the right to collect the back rent if you can show the landlord knew of the part payment. Florida Statute 83.56(5) says, in part, that: "If the landlord accepts rent with actual knowledge of a...

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  4. Lease states that I have to pay for normal wear and tear?

    Answered 10 days ago.

    1. Mark Russell Lewis
    2. Mark D. Siegel
    3. Carol Anne Johnson
    4. Aldo Bolliger
    4 lawyer answers

    Unfortunately, the answer is yes. As the saying goes, most anything is negotiable. Recommendation is that you have any important document - lease, contract, application or agreement reviewed by an experience lawyer before signing it.

    4 lawyers agreed with this answer

  5. If someone has left there vehicle on my property for 5+years and i fix it can they legally come back and get it?

    Answered over 1 year ago.

    1. Barry A. Stein
    2. Mark D. Siegel
    3. Cheryl Rivera Smith
    3 lawyer answers

    I agree that before putting money into fixing the car, you should register it in your name. To me, the car was long ago abandoned. The party leaving the car cannot sue you for possession. The statute of limitations for recovery of personal property is four years. F.S. 95.11(3)(i). So, you should claim the car as abandoned property with HSMV and take title. Once that process is complete, consider fixing the car.

    4 lawyers agreed with this answer

  6. My landlord didn't send me a itemized list of deduct letter, but took too much out of my security deposit. What should i do?

    Answered over 1 year ago.

    1. Mark D. Siegel
    2. Andrew Michael Bonderud
    3. Edward J. Fucillo
    3 lawyer answers

    It sounds as if you already know the answer. The landlord has 30 days after the expiration of a tenancy to send a notice of intent to deduct from the security deposit for specified reason(s). If notice as specified in the Florida Statutes is not given within 30 days, the landlord loses the right to deduct from the deposit. Either you or an attorney that who hire should send a certified demand letter to the landlord, stating that the landlord lost the right to deduct from your deposit and...

    4 lawyers agreed with this answer

  7. What legal rights does a FL tenant possess when they move into a house, and find out that owner-landlord is in foreclosure?

    Answered over 1 year ago.

    1. Mark D. Siegel
    2. Carol Lynne Zimmerly
    3. Rixon Charles Rafter III
    3 lawyer answers

    Generally the tenant is still liable to the landlord under the lease, unless it has a termination provision in the event of foreclosure. Until the property is sold at foreclosure, short sale or title is transferred to the lender, the landlord will remain in title and the lease will continue to be in effect. If the property is sold at foreclosure, the purchaser may take the property subject to the tenant's rights under federal law. Other facts may indicate a different answer, so...

    4 lawyers agreed with this answer

  8. If a foreclosure is reversed post sale, is there a cause of action against plaintiff for failure to maintain the property?

    Answered 10 days ago.

    1. Mark D. Siegel
    2. Stephen Jeffrey Berlinsky
    2 lawyer answers

    Generally, the mortgage allows, but does not require, the mortgagee to maintain the property. The winning bidder at the foreclosure sale could be put on notice about the pendency of the appeal. Florida statutes are applicable regarding the remedies you have with a successful appeal. Certainly you should seek advice from an experienced attorney.

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  9. Property and the retrieval of

    Answered over 1 year ago.

    1. Mark D. Siegel
    2. Edward J. Fucillo
    3. John P Corrigan
    3 lawyer answers

    Hopefully you and your attorney can negotiate a resolution. If the lawsuit you mention is against the same parties, an amicable resolution is unlikely. There are many claims that you can assert in a lawsuit. Here, the police are unlikely to intervene in what may be considered a civil matter. If the property that you claim is not on the asset list, it does not appear that the other parties have a valid claim. I wonder why the tools were not removed prior to the sale closing. In any...

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  10. Multi-member LLC and income tax question

    Answered over 1 year ago.

    1. John Randolph Yoak
    2. Mark D. Siegel
    3. E. Martin Davidoff
    3 lawyer answers

    For tax year 2012, you identify the LLC as having a single-member, which for IRS purposes, is a disregarded entity. Tax attributes from the company are reported on your Schedule C and you will pay self-employment taxes. Generally, you will use your SSN and the LLC does not need an EIN unless it has employees or other situations apply. The question of how to file for tax year 2013 involves the issue of partial tax years for the disregarded entity and default tax treatment of a multi-member...

    3 lawyers agreed with this answer

    1 person marked this answer as helpful

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