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Karen Jean Haas

Karen Haas’s Answers

26 total

  • Can I get towed car from private tow company by power of attorney paper, if the car belong may daughter?

    I bought a car on loan from my neighbor. The car belong my neighbor daughter who is out of country, but the father has power of attorney behalf of her. we paid full and close the debt. Meanwhile waiting the title release from the bank, we had a i...

    Karen’s Answer

    If you bring a proper power of attorney that has been signed before a notary and two witnesses,
    they must honor it and give the father the car. But you have to show it to them, not just mention it.
    Good luck.

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  • How long does a divorce takes if my spouse's whereabouts are unknown?

    My husband's whereabouts are unknown. He has nothing to do with us financially.

    Karen’s Answer

    • Selected as best answer

    Or, you can do a diligent search for your husband. That means checking with the post office for forwarding address from his last known addresses, checking with relatives, former employers, etc. Then you do an affidavit showing all the ways you've looked for him, submit it to the judge. Once you get approval for service by publication, you post a notice in the local newspaper for 4 weeks. He has another 4 weeks to respond.
    So the answer is the divorce takes about 90 days. Good luck.

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  • What can i do about a contractor company not competing work.

    I sign a contract for installation of shutters to my house, i deposited $2,350. this was in June 2015 as of September 2015 they are not installed. the contract states 3 weeks for installation. the company will not return my phone calls.

    Karen’s Answer

    By Florida statute, a contractor who receives a deposit more than 10 percent of the contract or final price for work to a residence must apply for necessary permits within 30 days, and start the work within 90 days after receiving the permit. Of course, it's not a good sign the contractor isn't returning your calls. You can call contractor licensing and enforcement at (786) 315-2561 to see if there are any complaints against the contractor and if the contractor is licensed. Or, you can file a complaint with them. Another option is to file a complaint with the Better Business Bureau. Either may get their attention. Good luck.

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  • My lawyer does not want to withdraw from the case and I do not know what to do...it is holding up my divorce?

    my lawyer is lousy and i want a new one...i have paid his firm huge fees and paid everything, i do not owe him any money and I still have funds left in his trust... I sent him a letter saying I am terminating his representation over 2 weeks ago, a...

    Karen’s Answer

    You as the client always have the right to discharge or terminate your attorney's representation. You need
    to go ahead and get a new attorney, and that new attorney will take care of the other attorney's withdrawal.
    Usually, the previous attorney agrees to sign a stipulation, because that way the previous attorney avoids going to a hearing on his motion to withdraw. Your previous attorney is probably just waiting for that.
    As to the trust funds, the attorney will have to return that to you, minus any costs such as court reporter fees. You are not stuck with him, you just need to get another attorney as soon as possible. My firm does
    complex marital, and we do a very good job. If you can afford an attorney, you should avoid ever appearing before the judge pro se, or without a lawyer representing you. You don't want to attend a hearing on a motion to withdraw of your previous attorney, and be surprised by an order to respond to discovery very quickly, or a sudden trial date. Good luck.

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  • Is it posible to appeal a divorce case in Florida?

    The final hearing was on July 14, 2015

    Karen’s Answer

    Yes, but you really should do a Motion for Rehearing to preserve your issues for appeal, prior to appealing. You only have 15 days to do this Motion, meaning you only have 2 more days before it is do, so you need to consult with an attorney immediately. You also will need to order the transcript of the trial. In fact, divorce cases are better to appeal than other kinds of cases, as they tend to get reversed at a higher percentage..

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  • In Florida, can Attorney Fees be Awarded in APPELLANT court for a denied request for injunction for Domestic Violence Case?

    x girlfriend (who has our baby) had her request for injunction denied. After trial, it was denied again. She filed an Appeal in appeal court. It is outrageously expensive. Can attorney fees be awarded in Appellant Court? I know in the lower co...

    Karen’s Answer

    No, per appellate rule, a motion for appellate fees must be supported by a particular contractual, statutory, or other substantive basis. This means if you don't get fees in the lower court, you generally can't get them in the appellate court. As you already know, although you can get fees pursuant to statute for family law cases, you cannot get fees for domestic violence injunction cases. Notwithstanding, there is a very limited exception for attorney's fees awarded as a sanction, or for a frivolous proceeding, but these situations are quite unusual.

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  • What happens to an Appeal Petition if the other party does not respond?

    when does the district court of appeal make a decision on a Petition for Writ of Certiorari if the other party does not serve or file a response?

    Karen’s Answer

    The other party has nothing to do with it. The District Court of Appeal generally has discretionary review of a Writ of Certiorari, which means that it can decide whether or not to hear the issue. If it
    decides to look at your Writ, it will issue an order for the other side to respond within so many days. That doesn't mean you win, simply that it will look at both sides of the issue. Or, the Court can dismiss or deny the Petition outright, without ordering a response from the other side. Usually the Court will decide either way within a week or several weeks.

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  • Hi: In case of a divorce, my wife make $250,000 plus bonuses and I am currently studying don't make any income. Do I get some

    alimony?

    Karen’s Answer

    No one can answer that question without more details. How long is the marriage? How old are each
    of you? Do you have any children? Have you contributed in any way to her career or more generally to your lifestyle? Did you put her through school before she obtained her current position? Are you on a degree/career track with your studies? And today, now that courts split the assets/liabilities and pensions 50/50, alimony is a little less likely to be awarded than before.

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  • Legal Malpractice: Suing a retired lawyer who used P.A. after his name. Should I sue him or use extended P.A. after his name?

    As he was sole practitioner & thus his P.A. is no longer in business.

    Karen’s Answer

    If you were represented by the P.A., you must sue the P.A., not him personally. Just make sure before you do so that you don't have other remedies available which should be tried first. These include an appeal (which must be done within 30 days of a final judgment), or Motion to Vacate based on mistake or fraud, etc. (which is normally done within 1 year).

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