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Brent Alan Gordon

Brent Gordon’s Answers

27 total

  • Is this a violation of adequate garbage receptacles?

    I live in townhouses where we a required to keep are trash bins inside the garage. The trash runs once a week, but if your trash cans are missed you have to keep the trash in the garage until next week. We don't have separate trash receptacles oth...

    Brent’s Answer

    As it appears that you have found, Florida Statutes Section 83.51 provides that a landlord shall make reasonable provisions for "Garbage removal and outside receptacles therefor." Unfortunately, the law does not define a specific requirement and the case law is sparse regarding such provisions. Therefore, it is likely a question of fact in connection with the particular circumstances of your complex that a finder of fact would have to rule upon. So you may have a claim, but you may have to assert such a claim against the landlord. In addition, you may want to check your lease to see if there are any other specific requirements that provide a greater or more specific obligation for trash removal than what is found in statute. You may also be able to review this from the opposite perspective of the requirement to keep your bins inside the garage. It isn't clear if you are a renter or owner, but this may be an issue to take up with the association.

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  • I own a spa. Using salon software as spa-booker. I want to come out of the contract? They would not give my data base?

    Lot of times the software Spa-booker does not work. I can not check out, I can not take payments, can not make appointments, can not sell products. I want to change the software because it does not work. What they promised is not what it does. The...

    Brent’s Answer

    I agree with the previous comment. Many of your rights will be derived from the contract you signed (if there was one) for the use of this software. You should also review the terms of use or license agreement if those are separate from the contract. Also, if they failed to provide a product that properly perform, they may have breached the contract which may give you an option to terminate the agreement in your favor--but again, that depends on what is in the agreements. While I am in Tampa, I do work in Gainesville/Ocala, so feel free to contact me if you have any questions or would like help reviewing the situation in detail to get a better idea of your legal rights.

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  • What type of business can I start and still avoid paying FL state income tax?

    I am not much into the "liability" issue, just wondering what other than Sole Proprietorship can I apply and for and only pay federal income tax only.

    Brent’s Answer

    This is an official publication from the Florida Department of Revenue and is a good introduction to some of the issues you raised in your question. http://dor.myflorida.com/dor/forms/2013/gt800017.pdf

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  • Who is responsible for flood damage to my personal property where I have a lease?

    I am renting a house with a detached garage and the garage floods,BADLY. I just recently moved in and I had not unpacked all my belongings, whereas they are stored in the garage. There are other problems with the property and the LL has given me p...

    Brent’s Answer

    I agree strongly above with the previous answer, particularly with regard to the point about insurance. Also, you didn't mention the source of the flooding, but there is a possibility that could play into this issue (also depending on lease and specific facts). But if the lease does not provide for any remedies for this type of situation, then you may be limited in your remedies. Practically speaking, even if you have a claim, there may not be a way to recover attorney fees from your landlord (unless there is a provision in the lease or a statutory basis for attorney fees) which could mean that the cost of legal representation might quickly cost more than the value of the property lost.

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  • When filing a civil suit against a state agency, what needs to be in the notice that has to be given before filing the case?

    I filed a lawsuit against a community college, however, their lawyer is trying to get it dismissed because I did not give notice prior to filing the suit. What should I include in the notice now that I have filed the suit? Do I need to go into det...

    Brent’s Answer

    This is a highly technical area of law for which I highly recommend that you obtain an attorney. In addition, the details regarding notice can depend on what exact claims you are bringing. As you call tell from the statute you cited (in addition to other legal authority out there), there are many different provisions and clauses. One quick point about your social security number, you will want to make sure you check with the clerk of court for any filings to make sure your social security number is protected.

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  • How many times can a defendant in a civil suit file for dismissal?

    We are the plaintiffs and the defendant keeps filing a motion for dismissal on various grounds. Each time we go before a judge, they file another dismissal and then we wait until we resubmit and it goes up before the judge again. We are on our 3rd...

    Brent’s Answer

    There are no bright-line rules, but a Judge has the authority to limit such actions. However, if you are not sufficiently responding to their motions to dismiss or giving the Judge the legal authority to support such arguments, it is highly unlikely the Judge will make such a call on his or her own initiative unless something is clearly wrong on the face of the motion. This is situation where having the technical experience of of an attorney could greatly serve you.

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  • If adudication was withheld with a 6 mnth auto term on probation, does anyone know how to get photo off of mugshots.com?

    without paying the ex con 399.00 - from what I have read, even if you pay them the 399.00, someone else can scrape the public records and get it right back on there - I have a friend that had a dui and the first two pages of google are all mugshot...

    Brent’s Answer

    I agree with both the other attorneys. The arrest is a public record unless the case is sealed or expunged. If you seal or expunge, it won't automatically take it off these websites, but you can then go back and ask them to remove it. Also, you don't mention what specifics were of the charges, but I have had a client where I got a DUI charge reduce to a Reckless driving. The client then went to mugshots or whatever company it was and let them know that the post was inaccurate. The client argued that the charge showing up was a DUI but that was not the charge for which the client was ultimately prosecuted. It's may be a stretch, but it did work in that case.

    If you want to help push the site down, do everything you can to establish positive links to your name. If you haven't registered the domain of your name, do it. Get a linkedin profile. This article is a good start to managing your reputation online on your own. http://lifehacker.com/5850288/how-to-fix-internet-embarrassments-and-improve-your-online-reputation

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  • Can I get my right to vote and own a firearm restored?

    I was convicted of a felony possession of marijuana and prescription pill (can’t remember exactly) in 1997. I was adjudicated guilty after violating probation, however there has been no felony’s or violent crimes since, just a DUI which was over ...

    Brent’s Answer

    This is a link to the official website of the Clemency board. Please look for the application which was just updated last month. If you are considering this, you may want to strongly consider hiring an attorney as this can be a very complicated process. https://fpc.state.fl.us/Clemency.htm

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  • Other than living in a property, does one have to file anything to establish homestead in Florida.

    Would be doing a shortsale on original primary residance and moving into 2nd home and want it to be my homestead.

    Brent’s Answer

    Since you are in Pinellas County, check out the property appraisers website. It has a great explanation of the substance and process related to Homestead exemption. http://www.pcpao.org/Exemptions.html

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  • I was given a citation to appear in court? What do I need to do?

    Im 18 and got caught with a bag of merchandise worth while walking out of a Macy's store with $100 worth of stuff. They took me to a back room and forced me to tell them how the merchandise was taken and I lied at first but then told the truth the...

    Brent’s Answer

    Definitely show up to court and as my other colleagues suggested, hire an attorney if you can afford one or seek a public defended if you cannot. Also, you may receive a demand letter in the mail from an attorney who is seeking payment based on the theft. You might want to consult with an attorney before deciding how to proceed if you do.

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