Archived
How does one arrange for the Civil Circuit Court to transfer a case, with four major Federal issues, to the Federal Court?
Daniel's answer
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Answered on October 08, 2015
Certain cases filed in state court can be removed to federal district court by the defense if there are federal questions, but the removal has to...
Archived
Am I permitted to request a Jury trial for a DCA appeal of a non-final judgment in the Circuit Court?
Daniel's answer
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Answered on October 08, 2015
Absolutely not, jury trials are only available at the trial court level - your real issue is whether your non final order is even appealable, and,...
Archived
What can I do about a no competition clause as a contractor? Do I need to switch my profession for fear of being sued?
Daniel's answer
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Answered on October 07, 2015
You will need your specific agreement and facts of your employment reviewed by an attorney familiar with non competes- many are enforceable but...
Archived
Do we have a basis for a Motion for Summary Judgment?
Daniel's answer
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Answered on October 04, 2015
No, your demand letter is of no legal significance, you can't read someone's failure to respond to a demand as admitting liability.
Does an untimely filing of an initial brief will cause it to be dismissed? That does not mean, that all avenues are foreclosed?
Daniel's answer
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Answered on October 03, 2015
It's good that it was not your notice of appeal, because that is jurisdictional. You will need to explain to the court why it was late filed, and...
Archived
Can a nonprofit who offers hot cooked food for donations be sued for food poisoning if something happened?
Daniel's answer
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Answered on October 03, 2015
For Liability it does not matter if for profit or not for profit, general liability insurance should provide coverage.
Some restaurants charge extra for adults ordering off a kid's menu, is this legal?
Daniel's answer
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Answered on October 02, 2015
Yes that is legal. There are many areas adults are charged more than children for the same product, such as movies.
Selected as the best answer
Archived
FL state statutes vs. HOA documents.
Daniel's answer
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Answered on October 02, 2015
Not a simple answer, statutes can trump HOA documents, but sometimes provisions in HOA are grandfathered in, etc. A generic answer will not give...
Archived
My employer has falsely accused me of violating Florida State Statute Section 112.312, Florida Statutes.
Any recourse?
Daniel's answer
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Answered on October 02, 2015
You may have a defamation/libel suit, if the false accusation was factual and not opinion. But even if the email was libelous, your issue will be...
Can a traffic stop for a license plate frame be used to create probable cause for the search of an otherwise to legal vehicle?
Daniel's answer
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Answered on September 30, 2015
If the license plate frame was a technical violation, it has been in the past, then the stop probably would be lawful- there may be an issue if the...