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Stuart M. Address's Answers

Stuart M. Address
Stuart Employment / Labor Attorney.
Contributor Level 15

5

Attorney answers:

  1. Stuart M. Address
  2. Ronald William Slonaker
  3. Julie S Luhrsen
  4. Christian K. Lassen II
  5. Lars A. Lundeen

I need help in understanding what's going on. Can someone please help me?

Asked by a user in Miami, FL - 4 months ago.

Since you have an attorney, you really should ask him these questions. Hopefully, you have faith and trust in him. However, in general, if the other side doesn't want to settle at mediation then trial is scheduled. How long it takes to get to trial depends on the Court's docket and backlog. In Miami-Dade, the civil court backlog is quite extensive and even the trial date you eventually get is unlikely to be the actual trial date because you will probably be number 2,3,4,etc. on that week's...

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3

Attorney answers:

  1. Stuart M. Address
  2. Robert Louis Gardana
  3. Christian K. Lassen II

Nude pictures posted on facebook

Asked by a user in Orlando, FL - 3 months ago.

Both prior answers of the two attorneys provide good information and advice. Further, you can sue and allege on information and belief that it was your ex who impersonated you on Facebook and posted the nude photos which constitutes an invasion of privacy and perhaps another tort or two. You could then subpoena Facebook for the IP address and other information on the account activity. Facebook does typically respond to these subpoenas and yes they do keep the information on their servers even...

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3

Attorney answers:

  1. Stuart M. Address
  2. Christian K. Lassen II
  3. Joseph Jonathan Brophy

Does sex between patient and physician constitute malpractice?

Asked by a user in Jacksonville, FL - 3 months ago.

Malpractice implies a breach of a duty and an actual loss. Unless you have some loss, it may not constitute a viable malpractice claim. You have have sufficient loss given what you describe with the emotional trauma. Honestly, I am not sure as I do not typically handle medical malpractice claims. HOWEVER, it is clearly a breach of his fiduciary and/or ethical duties as a licensed physician in the State of Florida. Therefore, I would recommend you at the very least file a complaint against...

9 lawyers agreed with this answer

5

Attorney answers:

  1. Stuart M. Address
  2. Barry A. Stein
  3. Terrence Marc Rubino
  4. Daniel Paul Buttafuoco
  5. Timothy Lawrence Van Eman

CAN I PURSUE MY OWN CLAIM WITH THE DOCTORS MALPRACTISE INSURANCE IF I CANNOT FIND AN ATTORNEY WILLING TO TAKE MY CASE IN FLORIDA

Asked by a user in Cape Coral, FL - 5 months ago.

Technically, yes you can represent yourself. Practically, no. You will almost certainly lose. Also, if you file a claim in court you will likely be dismissed if you fail to follow Florida's pre-suit requirements which include having an expert review the records and give an opinion that you have a basis for a medical malpractice case. If you don't do that and follow all the relevant procedures, a motion to dismiss would be filed against you if you filed a Complaint in Court and likely granted...

9 lawyers agreed with this answer

5

Attorney answers:

  1. Stuart M. Address
  2. Marc Sean Hurd
  3. Thomas J Simeone
  4. Christian K. Lassen II
  5. Lars A. Lundeen

Talked to a lawyer about wrongful death suit on wives death 4 months ago. Now he wont return my calls or see me. What can i do?

Asked by a user in West Monroe, LA - 4 months ago.

The very simple answer is to find a new lawyer. Assuming you have not actually hired this lawyer or paid him any money, he was only considering your case. If he is not calling you back now then he has let you know in a less than professional manner that he doesn't want your case. If you did hire him and he is not returning your calls already, then this is a red flag that you may have a lawyer which should be changed anyway. You should consult with other cousnel promptly as each state has...

10 lawyers agreed with this answer

4

Attorney answers:

  1. Stuart M. Address
  2. Marshall C Deason Jr.
  3. Carol Lynne Graham
  4. Jacqueline Alicia Salcines

Tenant lease question

Asked by a user in Miami, FL - about 1 month ago.

Most likely, yes. You are charged under the law of knowing what is in your own lease agreement. Also, the manager was wrong about you not being liable if they rent the lease before your lease expires. A landlord may hold you accountable for any costs to lease the premised and any difference in what you were paying and what he was able to lease it for at the end of your lease term. If there was an option to terminate and be relieved of any potential liability for the balance of your lease term...

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3

Attorney answers:

  1. Stuart M. Address
  2. Alfred M. Abel
  3. Christian K. Lassen II

If you post something bad about your employer on facebook is that defamaton?

Asked by a user in West Chester, OH - 4 months ago.

I handle many internet defamation cases. It is becoming a cottage industry. I have represented plaintiffs and defendants. The reality is the same defamation rules apply on social media as eslewhere. If all you said was that your employer was disrespectful, selfish and greedy you should not be liable for defamation as though are expressions of opinion -- but you would probably be fired. If you made any other FACTUAL statements then you could find youself on the wrong end of a defamation suit...

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3

Attorney answers:

  1. Stuart M. Address
  2. Bruce Griffith Howie
  3. James Regan

I am the parent of an adult female criminal in a correctional institution. I know the docket # & dates of athe crimes. how can I

Asked by a user in Deltona, FL - 5 months ago.

Most Florida circuit courts have public records searches available at the Clerk of Court's website. You could search there for your daughter's name and find out what comes up and the offenses for which she was charged and/or convicted. Also, you can probably check up on any pending inmate in a state correctional institution at the Department of Corrections' website.

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4

Attorney answers:

  1. Stuart M. Address
  2. David E. Schreiber
  3. Michael Gerard Leonard
  4. Pamela Koslyn

What is a proposed order and how is it written to the court

Asked by a user in Altoona, PA - 5 months ago.

I can explain a proposed Order but I'm not sure you are at that stage yet from the brief facts you provided. A proposed Order is one typically prepared with a motion or at the Judge's request for the Court's review. If prepared at the Judge's request, typically you have to run it by adverse counsel to see if he/she agrees as to the form of the proposed Order not the substance because the Court has already rules on the substance. If it is being prepared as part of a motion which requires a...

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4

Attorney answers:

  1. Stuart M. Address
  2. John Leif Fossum
  3. Patrick Francis Lomax
  4. Thomas G. Wilkinson Jr

The lawyer quit.

Asked by a user in Philadelphia, PA - 4 months ago.

I just answered a question of yours on this topic with virtually no factual information. I now see another question with more facts. I suspect the lawyer said "I quit" if you take the gun because even though you say it was not used in the crime he has an ethical obligation to preserve evidence, even if given to him in confidence. If you wanted to take the gun back, the lawyer may have been concerned about either spoliation of evidence or being part of a conspiracy after the fact. I would have...

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