Questions answered by Earl Kenneth Mallory

Archived

My lawyer was incorrect about an adoption statute

Earl's answer | Answered on April 23, 2015

There are several routes that you can take. Immediately, hires an attorney with adoption experience. If the proceeding has already been filed,...

Archived

Is it a violation of hippa laws for an insurance company to send your medical file out to a copy center ?

Earl's answer | Answered on April 23, 2015

HIPPA does not give rise to a private cause of action. However, you may have other Florida tort claims, such as invasion of privacy, and use the...

Archived

How to handle this divorce situation?

Earl's answer | Answered on April 23, 2015

If you have not filed for divorce yet, you should do so immediately. Osceola County has a Standing Order id divorce cases which prohibits...

Archived

I had a transmission shop pick up my vehicle to have it checked and to get an estimate. Without my permission they did work.

Earl's answer | Answered on April 21, 2015

Google section 559.921 Fla. Stat. to learn about your remedies. You may find a lawyer handling this type of case on AVVO by looking for a consumer...

Archived

If a contract was signed by an elderly person with dementia (4 days ago) is there any way to void the contract?

Earl's answer | Answered on April 21, 2015

Where Mr. Phillips is correct about the contract being void as result of the dementia, getting agreement of the other “contracting” party regarding...

Archived

Are neighbors responsible for tree branches that broke off during storm and ripped holes in our pool enclosure?

Earl's answer | Answered on April 21, 2015

There is no cause of action for harm caused by plants growing on property of a neighbor which extend over your property line. See Vaughn v. Segal,...

Archived

To inherit shares/stock in a Indiana for-profit domestic corporation do I need to find paperwork.

Earl's answer | Answered on April 18, 2015

I am sorry for you loss of your mother. You should retain a lawyer immediately. The shareholder agreement, if there is one, between your mother...

Archived

Using debit card of someone in a coma/deceased

Earl's answer | Answered on April 17, 2015

If she was the sole beneficiary of the estate, and there are no creditor claims, probably not. If she is not the sole beneficiary of the estate,...

Archived

What is the statute of limitations for foreclosure on an empty residential lot? I have been delinquent on payment since 04/2008

Earl's answer | Answered on April 17, 2015

The Statute of Limitations (“SOL”) is 5 year on a written instrument. Normally, this runs from the date that you were sent a notice of...

Archived

Is this a legal transaction?

Earl's answer | Answered on April 15, 2015

You may want to search AVVO for a Tampa or Clearwater are attorney that is well versed in foreclosure defense, to advise you, after reading the...

Earl Kenneth Mallory's Answers (3787)

My lawyer was incorrect about an adoption statute

Is it a violation of hippa laws for an insurance company to send your medical file out to a copy center ?

How to handle this divorce situation?

I had a transmission shop pick up my vehicle to have it checked and to get an estimate. Without my permission they did work.

If a contract was signed by an elderly person with dementia (4 days ago) is there any way to void the contract?

Are neighbors responsible for tree branches that broke off during storm and ripped holes in our pool enclosure?

To inherit shares/stock in a Indiana for-profit domestic corporation do I need to find paperwork.

Using debit card of someone in a coma/deceased

What is the statute of limitations for foreclosure on an empty residential lot? I have been delinquent on payment since 04/2008

Is this a legal transaction?