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Gino Zavarella’s Answers

3 total

  • Opened a tree business with a partner As a llc but didn't have a business contract written would like to terminate my partner

    Opened tree business 3 years ago as a llc With agreement of 50/50 and my partner Has went and started his own tree service here in Ohio just recently to compete against me Is this legal to compete against our business with the same type busin...

    Gino’s Answer

    First, I without knowing the actual facts I can only provide a general outline of the law concerning this issue so I am NOT providing personal legal advice. My guess is that the two of you just got some forms and didn't consult an attorney and that you don't have any sort of restrictions...that's the bad news. By starting a competing company he may have violated his "duty of loyalty" to the LLC you formed together...the good news is that there is, as I said earlier, a general "duty of loyalty" which would make his action "un-equitable". An LLC should have an Operating Agreement (i.e., like By-Laws) that says what the rights and responsibilities of each party are (I'm guessing you don't have this). If your goal is only to keep the same name and he's operating under a different name why don't you try and just settle the thing where 1) HE agrees that you can use the name (you start a NEW company - do not carry on the old one) and 2) YOU agree to give up any claims against him .... might be a easy resolution.

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  • PURCHSING FROM A PRIVATE SELLER

    I PURCHASED A CAR FROM MY FRIEND WE TYPED UP AN AGREEMENT ANDI HAVE KEEP MY END OF MY FINANCIAL OBLIGATION BUT 6 MONTHS HAS GONE BY AND HE REFUSES TO ANSWER MY CALLS OR MEET ME TO RECIEVE HIS FINAL PAYMENT AND GIVE ME MY TITLE. HE GOT MAD AND TELL...

    Gino’s Answer

    First, I am not a Georgia attorney. However, the general rule of contracts would be that if the contract was signed by both people, if both people are able to make the contract and if there are not illegal terms (parts) of the contract it would be enforceable. I do not know how much (total) you are discussing. If this is a small amount of money you could try to go to Small Claims Court (or whatever is the equivalent in GA) against him FIRST so that you are not in the position of having a car registered to another when the police come by. There is little information so please understand that this is only a general discussion of the topic and that I can not give specific legal advice without the appropriate facts.

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  • My ex keeps appealing how many times is my ex allowed to appeal?

    my ex keeps appealing how many times can he do this?

    Gino’s Answer

    There is very limited information in your question. Since you talked about "your ex" I'm guessing that this isn't really an Appeal but that it's something else like a Motion (for parenting rights, for alimony, child support, etc.). "IF" it's a Motion, something like I mentioned above, there isn't anything that "forces" him to stop making motions ..... EXCEPT the Judge can put a stop to it for Vexatious (harassing) litigation. That being said, I don't know how many times and in what period of time he has done this. Typically speaking, there would be some change of circumstance that would "open the door" to making a motion for a change in child support (like a change in employment / income). I hope this is at least a bit helpful but you will likely need a lawyer or you'd need to supply a great deal more information.

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