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David Howard Abrams

David Abrams’s Answers

76 total


  • I know i need a specific type of attorney for malpractice. How can i find the right one

    I fell broke my arm an had to have surgery. The screws are coming out an im constantly having to go to the er. Dr.s want touch me an the dr that did the surgery want either. I cant use my arm an im in serious pain.

    David’s Answer

    What you are looking for is an attorney who handles medical malpractice claims. Many websites are available for searching, including this one. You can search for medical malpractice attorneys in your area by entering such data in the search fields at the top of this webpage.

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  • Pro Se

    Can a pro se litigant send a cursory letter to the defendant acknowledging the a suit has been filed between the two and indicate to that person that they are welcome to reach out to work to solve the issue but other than that letter and then awai...

    David’s Answer

    Generally, the time to send such a letter is before you file the lawsuit, not afterwards. Note also that pro se litigants are required to abide by Florida rules of procedure. If you're not comfortable with or do not understand the rules, I recommend you either obtain representation or consult with an attorney to guide you in the litigation process.

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  • My mother made a will left my wife as PR then changed it 2 months later and left her Neighbors as the PR what happens if they

    my mother made a will that left my wife as Personal Representative 2 months later she made a codicil and named her 2 neighbors as personal representatives this was the only change in the will. we know one of them has cancer and both are very old. ...

    David’s Answer

    The Florida Statutes govern preference in the appointment of personal representatives:

    733.301 Preference in appointment of personal representative.—
    (1) In granting letters of administration, the following order of preference shall be observed:
    (a) In testate estates:
    1. The personal representative, or his or her successor, nominated by the will or pursuant to a power conferred in the will.
    2. The person selected by a majority in interest of the persons entitled to the estate.
    3. A devisee under the will. If more than one devisee applies, the court may select the one best qualified.

    Assuming it is valid, the codicil replaced your wife as the named PR and the court will not resurrect the priginal provision. If the people named in the codicil are unwilling or unable to serve as PR, unless your wife will receive an interest under the will, the court will likely look to a person who will take under the will.

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  • Property Survey

    I rent a home from Colony American Homes(CAH) in Florida. The HOA will not accept an application for exterior modification on anything other than a certified property survey. CAH has informed me they do not have a survey and said I must pay for on...

    David’s Answer

    The short answer is that you can order a survey because you have possession of the property. But, if you are only renting the property, why are you modifying the exterior and do you have permission to do so from the owner? You may want to consult with a real estate attorney to determine your rights and responsibilities with respect to the rental property.

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  • I put a deposit on car. I decided not to purchase the car. Can the dealer legally keep my deposit?

    I agree to buy a car pending financial approval. I put down a $500 deposit to hold the car. I did not get the finance so i decided not to buy the car because i cant afford it. Can the dealer keep my deposit?

    David’s Answer

    The written documents you signed should identify what happens to the deposit if you were unable to obtain financing. Based on what you wrote, if you agreed to purchase the car provided that you can obtain financial approval, and you were unable to obtain financial approval, then you may have a claim for the return of your deposit because a condition in the contract had not been met. I recommend you contact an attorney who practices consumer law in your area. You can search for such attorneys in this website at the top of this web page.

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  • I need a simple, succinct buyout agreement to dissolve a business partnership.

    Partner and I have agreed to dissolve partnership via a letter of intent and we need a formal contract.

    David’s Answer

    A competent business attorney can help you prepare an agreement to dissolve the partnership. There are many websites, including this one, where you can search for business attorneys in your area.

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  • Harassment?

    I work at a middle school and the principal of has been harassing me at work because I am Hispanic and a women. He thinks that just because I am a women I cannot get anything done especially because I am Hispanic and only 18. Lately he has been ca...

    David’s Answer

    I advise you to consult with an employment attorney, who can review all of the facts to determine whether a violation of state or federal laws occurred. A competent attorney will find it difficult, if not impossible, to determine whether such a violation occurred based only on the facts you presented. Most likely you'll need to meet with the attorney in person. The AVVO website allows you to search for employment attorneys in your area (at the top of the screen). Many attorneys do not charge for an initial consultation.

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  • Do I need a real estate attorney?

    I split from my ex girlfriend six years ago and I left her with the house we purchased. I signed a quick deed claim, but she's refused to have the house refinanced and have my name taken off the BOA mortgage. Unfortunately there is no bank that w...

    David’s Answer

    Banks generally have no obligation to relieve you of your responsibilities under a properly-executed mortgage after it is executed. As the other attorneys stated, your best bet would have been to negotiate with your ex-girlfriend before you quit-claimed your interest in the house.

    I recommend that you consult with a real estate attorney, who can review all of the facts surrounding this event to see if any relief may be available through the courts. To ensure that any claim the attorney can make is not precluded by Florida's limitations periods, please do not delay.

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  • What are the legal consequences for a competitor company using OUR UPC number of one of our product and brand?

    We have a trademarked brand (registered and everything with the patent office), and under this brand we have several products. Each of our products have their own unique UPC number. Now we find out that another company and competitor is using the ...

    David’s Answer

    This is an interesting issue, because the company misusing your company's UPC code does not appear to be marketing counterfeit products. They are identifying the generic product under their own name and only the UPC code is used without permission.

    There is a potential action for deceptive or unfair trade practice. Unlike some other states, a search of Florida statutes does not yield a law concerning misuse of UPC codes. A court can grant injunctive relief for the misuse of your company's UPC code, but to award damages, a court will likely require that you were harmed by the UPC misuse.

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  • In Florida how do you change a request for trial by jury,and instead, have the case decided by the judge.

    I am representing myself in a lawsuit against a person for Libel. I studied law at the University of Connecticut, but never practiced law. The case is solid and the Preponderance of the Evidence favors my complaint. This case has now moved beyond ...

    David’s Answer

    This is an instance where you need to read the Rules of Civil Procedure. R. 1.430(d) states that "[a] demand for trial by jury may not be withdrawn without the consent of the parties."

    You studied law. As Prof. Kingsfield in The Paper Chase stated so eloquently, "You teach yourselves the law, but I train your minds. You come in here [law school] with a skull full of mush; you leave thinking like a lawyer." Being able to think like a lawyer, however, is not the same as day-to-day practice of law.

    To handle a case competently, attorneys can research the matter themselves or associate with competent attorneys, otherwise they must withdraw. I recommend you consult with a practicing attorney to help guide you towards the final disposition of this case, whether it be via trial or pre-trial disposition such as a motion for summary judgment.

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