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Clifford M. Miller
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Clifford Miller’s Answers

3,275 total


  • What do i file if the other party has violated court order multiple times after filing motion for contempt?

    Do i amend the current motion for contempt (if so do i have to resubmit all evidence again?) or do i file an order to show cause or file a second motion for contempt?

    Clifford’s Answer

    Changing the category to family law. You will get better responses there. The title of the motion is not critical. Maybe something like "motion to enforce order." You need to get the matter before the judge that issued the violated order and prove the violation. You might want to attach documents to the motion to show the violation, or just describe it generally.

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  • What ethical procedures, etc. were committed from opposing counsel and how to I proceed further?

    I'm a licensed therapist in a divorce proceeding. DCF was reported against my ex from a pediatric nurse. An investigation was in process and his lawyer tried to hold me in contempt for stopping timesharing. His lawyer took a letter from 2013 th...

    Clifford’s Answer

    The question is a little confusing. One thing that I can tell you is not unethical is contacting unrepresented witnesses for statements before court appearances. You can see all the disciplinary rules on the Florida Bar's web site and research informal ethics opinions on the site as well. Maybe you have an abuse of process or malicious prosecution case? You will get more complete answers after I change this to a family law question.

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  • Is there a legal procedure called "subpoena duces tecum for records pick up only?

    Years ago, an attorney sent such subpoenas out. I have had to review this case for fraudulent activity. The attorney sent several such requests to companies and banks hundreds of miles away. Realistically, how could he pick up records in Omaha ...

    Clifford’s Answer

    Yes, there is a rule allowing it. The rule now allows the lawyer to issue the subpoenas. The returns of service do not have to be filed in court. The person served almost always mails (or now emails) its/her/his response even it is not subject to the jurisdiction of Florida's courts. (There is another procedure to get the information if it/she/he protests).

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  • Filing a county civil lawsuit myself and need to know who serves the other party?

    I am filing a county civil lawsuit myself as no lawyer would accept the case due to money. I need to know once i file a county civil complaint who serves the other party? And does a summons come included with the filing or is that something separ...

    Clifford’s Answer

    You draft the Summons and the clerk issues (signs and seals) it. (Fee: $10/Summons). Several forms are available depending on the circumstances. You hire either the sheriff or a process server to serve it. (Fee: about $40/service).

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  • Why wouldnt my attorney hurry up and subpoena the video footage at the Fresh Market grocery store?

    07-06-2015 was at the Fresh Market grocery store and slipped on some fluid that was on the floor. Had been advised by customers who were surrounding me to stay there and don't move. while, someone stole my billfold from the cart. The assist manage...

    Clifford’s Answer

    There is no power to subpoena anything until a lawsuit is filed. A lawyer can, and should send a letter to the potential defendant asking that the evidence be preserved (and for a copy of it). The failure to preserve it, AFTER REQUEST, will be admissible at trial. If the case had enough potential damages a lawyer could also consider just filing a bill for discovery to only obtain this piece of evidence.

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  • Second job with CS

    I talked to DOR recently and they said if I get a second job they normally take a lot so I should notify them to not take it all and ask for an exemption. Is that through the court motions or DOR. Can't remember what he said out of all the informa...

    Clifford’s Answer

    Is this a family law question? I re-categorized it. Hope my guess is right.

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  • Can an ins co settle a personal injury claim if the at fault driver is not a listed driver in FL

    My son was killed in a solo car crash. The car was originally co registered by 2 friends, each providing proof of ins. After registration, ins was changed & was only in 1st reg owner's name. Primary driver carried no ins. Can ins co settle PI & w...

    Clifford’s Answer

    The question is hard to understand. I am going to assume your son was a passenger and he sole cause of the crash was the driver's negligence (not a road fault or faulty maintenance, etc). Unless the driver was excluded from the policy, or there was some material misrepresentation in getting the policy, the policy would cover the owner/insured and driver. So, any settlement would be for driver, and the owner/insured. I don't know why an additional owner, added after coverage was issued would be an insured. Maybe -- I would have to read the policy. The insurance company can make any offer it wants, and you can either accept it or reject it.

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  • Do I have to send documents??

    Mom sent in a motion for order of documents, when filing for a hearing she check others and write order of documents but didn't attach the motion with the things she's asking for. The judge sign the order for the final hearing do I have to send in...

    Clifford’s Answer

    What does the order say? Comply with the order.

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  • Which Judge will I have at retrial and/or if my case gets overturned in appeals court?

    We've been assigned to a divorce judge for over 2 years now and she has handled our case multiple times. We finally got a hearing scheduled and the day I show up its a different judge. He undid all her previous rulings and made a complete mess of ...

    Clifford’s Answer

    It doesn't matter. You have to win the appeal first. Judges rotate assignments, so it could be anyone. You could motion for re-assignment back to the same judge if you have a valid reason, but I have never seen that. Also, depending on the appellate opinion, it might require the same judge address it.

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  • How long does it take to go for a final evidentiary hearing in a paternity action in Orange County FL If mediation is complete?

    I know many things play into the time frame but I was looking for the average if both parties don't need to conduct discovery whats the average time frame to get final judgment in custody case

    Clifford’s Answer

    This is a family law question, so I re-categorized it.

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