Archived
DOES A DISTRICT COURT OF APPEAL HAVE TO ACCEPT AN APPEAL FROM CIRCUIT COURT ACTING IN APPELLATE CAPACITY?
Robert's answer
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Answered on January 30, 2014
No, the dca does not have to accept jurisdiction. The circuit court provided appellate review of the county court's final judgment; a second...
Archived
Does the statute of limitations for legal malpractice apply to filing a counterclaim against an attorney who has filed a suit
Robert's answer
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Answered on January 30, 2014
I would add to the other comments that the acts that constitute the malpractice may also serve as a defense to the attorney's action for fees.
Archived
Is it required to specify upward or downward modification in child support modification petition?
Robert's answer
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Answered on January 30, 2014
Every motion/petition has to specify what it wants the court to do (and why it should do it). You don't necessarily have to do calculations and...
Archived
My father had promised me his car when he dies, now his new wife has claimed it. what can i do? not sure if it is in his will.
Robert's answer
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Answered on January 30, 2014
Do you know who the Personal Rep is? If it's the new wife, I'd ask to see it. If it supports her position, she'll show it to you. If she declines...
Archived
What can I do if the custodial ignores the terms outlined in the custody agreement & will not allow my child to use the phone?
Robert's answer
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Answered on January 30, 2014
Court is your best leverage. Do a motion; set a hearing. That alone may have impact. Otherwise, it's uphill.
Archived
Can a landlord keep any or all of my security deposit for trash bills he does not have?
Robert's answer
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Answered on January 29, 2014
My colleague has stated the situation very well. Security deposit claims are regulated by statute and compliance as to how and when a claim is made...
Archived
Can I get custody of my sister?
Robert's answer
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Answered on January 29, 2014
A good first step would be to contact a Boston family attorney.
Archived
Should I file contempt of court against my ex, and can I get my house back?
Robert's answer
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Answered on January 29, 2014
File a Motion to Compel Compliance.
Archived
I want to fire my lawyer. Can I fire him? And if so how do I go about it?
Robert's answer
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Answered on January 29, 2014
Put the firing in writing. If that doesn't stop him, advise him that you'll file a complaint.
Archived
Can a proposed final judgment be signed by a judge without both parties in agreement?
Robert's answer
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Answered on January 29, 2014
Everything that you describe suggests impropriety. Contact an attorney now.
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