We are planning to sue a lawyer for malpractice, can we still sue, if he is a judge?
David's answer
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Answered on August 27, 2014
Judges are not immune from suit for things that happened before assuming the bench. Yes you can sue him, and since he is running for judge a filing...
Is a "motion to strike affirmative defenses" considered a "responsive pleading"?
David's answer
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Answered on August 27, 2014
I hate to be contentious, but under Florida decisions on rules of pleading a technical distinction is made regarding a motion and it is deemed not...
Archived
My spouse and I are getting a divorce, I filed for bankruptcy, and he wants me to do a quit claim on our former home.
David's answer
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Answered on August 26, 2014
Your homestead is exempt property in Florida. Don't do anything about it until you are discharged. Be sure you claim your interest in the...
Archived
In chapter 11 GM pro se with creditor status may I obtain a atty from maine to bring case with drained income and ancillary
David's answer
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Answered on August 26, 2014
Find a bankruptcy lawyer near you. Go have a visit. Tell him/her all the facts. Get his/her advice. Follow it.
Each my colleagues is...
Can a Writ of Bodily Attachment be removed or does it expire?
David's answer
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Answered on August 26, 2014
Writs of bodily attachment can be dissolved (not removed) with a showing of good cause. As my colleagues have noted, the facts are too sparse. ...
Archived
Florida Real Estate/Probate question: I am Personal Rep of estate with Fiduciary Powers in Property Transactions.
David's answer
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Answered on August 26, 2014
Why don't you ask your lawyer these questions? No lawyer? Get one.
Probate is a minefield and you need a mine detector.
Archived
The owner by quitclaim deed/2011 is not joined in the foreclosure suit/2012, but the underlying mortgagor. Can home be taken?
David's answer
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Answered on August 26, 2014
This question cannot be answered without (1) a total review of the foreclosure file at the court house and (2) a deraignment of title. Deraigning...
Archived
What do I expect at a Foreclosure Setting Cause for Non-Jury Trial? What are my rights and How do I proceed?
David's answer
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Answered on August 26, 2014
My friend, you really need a lawyer.
Banks are screwed up. The Left Hand doesn't even know if there is a Right Hand.
A lawyer in this...
May I build a house on land that is owned by my mother and her sister? Her sister is deceased and my mother pays the taxes?
David's answer
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Answered on August 25, 2014
You have given some very sketchy facts, but are you more concerned about permission to build, or who is going to own the house at the end of the...
Archived
Can and should I take legal action and against who?
David's answer
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Answered on August 25, 2014
ABSOLUTELY CAN YOU DO SOMETHING.
You can demand that the seller replace the roof. It appears that he lied about it in the contract. If he...
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