Archived
Can I sue a contractor who did a full kitchen make over, i paid him 26.620.00 I found out from city hall he is not licenesed!
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Answered on June 06, 2012
Unlicensed activity in a profession that requires licensure through (for example) the Department of Business and Professional Regulation is a...
Can I file objection for motion for leave to amend - changing party suing me as owner and holder of note to servicer on begalf.
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Answered on January 25, 2012
You can file an objection to the motion, but the argument over whether leave to amend should be done will happen at the hearing on the motion. ...
Archived
Can I file an Answer to Foreclosure complaint AFTER I file Motion to dismiss?
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Answered on December 28, 2011
The simple answer is "yes" you can file an answer according to the FL Rules of Civil Procedure.
Esmond J. Lewis, Esq.
Esmond Lewis Law Firm,...
Archived
How should I respond to a Plaintiff's request for admissions?
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Answered on December 06, 2011
If the litigation is in Florida you can always look up an attorney's contact information through the Florida Bar website at www.floridabar.org. ...
Archived
AT MY EX.'S REDUCTION HEARING, (NOW THAT SHE WAS CITED FOR CONTEMPT) WILL MY COUNTER HEARING BE HEARD.?
Esmond's answer
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Answered on November 20, 2011
Yes. In most cases you can amend an answer so long as amendment doesn't prejudice the other side. Florida courts favor liberal amendment of...
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"Unclean Hands" Affirmative Defense Broadly Refers to Violations of Governing Documents. Is this sufficient?
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Answered on November 18, 2011
As a general rule, the party who raises an affirmative defense has the burden of proof as to that defense. Unclean hands is a fact-driven defense...
Archived
My HOA has filed a motion for summary judgement of Forclosure and I don't want to lose my home. The amount filed was for $2,000
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Answered on October 17, 2011
Run, don't walk to the office of the attorney for the HOA. To lose your home over $2,000 would be a waste in most circumstances. Get a payoff or...
Archived
Can the 2nd mtg foreclose without the 1st allowing it? The 1st $ = 2 x 2nd $)
Esmond's answer
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Answered on October 17, 2011
The simple answer is "yes" the second mortgagee can foreclose (anyone with a lien can foreclose). The only caveat to a junior lienor foreclosing...
Archived
Can Bank's attorney set hearing for foreclosure in Palm Beach County
Esmond's answer
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Answered on October 17, 2011
Attorneys are typically given the privilege of setting hearings (in terms of dates and times) without consulting an unrepresented party. So "yes"...
Archived
Is it any usual praxis to have a Bailiff and another Lieutenat in the same Court Room just for a Restrainig Order Hearing?
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Answered on October 17, 2011
The number of bailiffs or Sheriff's Deputies in a particular courtroom is a local matter, set by that particular court. It would not be uncommon...
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