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  1. I have posted before with no response so thought I would try again.... and put some white between since it is long. I will be as brief as possible. PLEASE ADVICE AND HELP. I filed for Disability in 08. I was denied. My then Attorney a (retired judge) stated the Judge was going to be rough to get approval because he doesn't agree with my lifestyle. I was floored and I told him I was seeking new counsel on grounds he didn't stand up and fight for me. I appealed my denial and hired a new attorney. I explained everything to new attorney and made sure that he would stand up to this judge if he felt my lifestyle (I am a Lesbian) was going to be a deciding factor instead of my illnesses and disabilities. It took some time to get in front of judge again, I think it was 2011 at this point. The hearing didn't go so well, and the judge was very rude and argumentative. He interruptive everyone and I felt my attorney held his own. 2012 I received denial letter. I was approved physically disabled however mentally was denied. Long Story short in his rambling he mentioned that my mental health issues where due to my relationship issues and it was mentioned 15 times. He finds a way to bring my relationship up in my DENIAL 15 times. I met with attorney who assured me we were going to appeal and there were medical records not received and the discrimination would be addressed. I then sign a new contract with attorney and waited. I became ill and was hospitalized and I had a few surgeries. Due to health I had to move to another state I always called in to his office or emailed my paralegal to give updates on medical and update phone number and file. It is now 2015, I find out threw Social Security that a appeal was NEVER filed and my case was CLOSED. 7 years I had been fighting this case. I call my attorney and he has left the firm and opened a new one. I was given his contact information from his old firm. I, my file, my case was LOST in the shuffle the MOVE and he wasn't even aware that the appeal wasn't filed and my case was closed. I LOST all my points, I haven't worked since 2008 and any back pay is GONE, I live in another state and opened new case here. The good thing about that I will go in front new judge when the time finally arrives. My attorney has apologized profusely and is on the new case. He is doing it for free now. He keeps saying we will address the " old case" when in front of judge and it will be explained that he LOST my whole FILE and didn't file the appeal. I do not trust him or that the old case will be addressed. What do I do? How do I address all this? This is my life and I am drowning here and the people who are supposed to help me sink me further. Do I need a malpractice attorney? Any advice or suggestion would be great Thanks
  2. My husband was working when the officer stopped him because he seen him pick up a beer can and threw it in the garbage jump out his vehicle push my husband up against his squad car put him in handcuffs search him without even asking him for an ID so he search him without his consent cause my husband did have his ID on him and took him into custody and didn't even read him his miranda rights he had Court today and the judge order for court fees and time served does that means he's getting released how can we go about this issue
  3. My spouse left the property in September 2014 and I have been solely responsible for all bills - mortgage, taxes, insurance, repairs - since that date. He has continuously ignored my requests to process a divorce. Naturally, he wants to be bought out, but it is now over 4 years later. What value of the property is used to determine equity? Is it the value at the time he left or current value? Also, can I use the cost of repairs, a percentage of the mortgage, taxes, and insurance, and half of our daughter's student loan bills against what equity he would be owed? We owe around $48,000 in parent plus loans for our daughter's college that I have been paying on my own since 6 months after her graduation in December 2014, so from July 2015 to now.
  4. Doug  DiZoglio

    CE

    On April 8 2019, Bay County Code Enforcement showed up with a bulldozer, gave the occupants 1 hour to pack and leave. About 90 minutes or so later, the home was reduced to rubble. This home was in total compliance, with all the proof necessary. Code did this without Warrant, without Court order, without permission an There was one person in particular without reason that needs to be pointed out, but be sure everyone in there was aware of what was going to happen. I am a family member, but no longer lived there. I did however go thru this with my family from day one, communicating with leaders that coulds help, ie my district 2 county comm., county manager, new s office., Florida AG, and most recent Fl Office of the Governor. My family ,my oldest son has retained a lawyer for his mother I want to know a couple of things. 1]as an aggrieved party can i sue this entity separately from the victims who lived their? How does a person go about calling for an investigation against a small town government type and who.
  5. The title is pretty self-explanatory, but I have read on various websites that one is automatically emancipated if they enlist in the Armed Forces. Since I doubt this is federal, I tried finding out if this is true in Florida. Alas, I have received contradictory information. As such, I've come here to ask the question: Does enlistment in the Armed Forces qualifying for emancipation in Florida?
  6. Hi! Sorry there's no forum for Government, so b/c it's about workers, I found this one the closest. Is it legal for a local Government to send employees for week(s) to do volunteer work for a charity? The employees get paid by the gov as usual, but instead of reporting to work at their gov job location, they go to the charity place, where they do presentations, speeches, etc IMHO gov shouldn't be playing favorites with organizations nor people at all. So, a big-shot at that local gov selects a charity of his liking to send resources to? Maybe someone's getting a kickback? Maybe this charity under the hood funnels money to a certain political party? Every way I look at it, this practice opens the door to all kind of issues which constitutional government is intended to prevent... Would you please share some light on this? Thank you, Rick
  7. i pay rent weekly and have been at my residence for almost 5 yrs. I have no lease just a paper that documents my deposit. The manager of the property told me I have one week to get out because he wants to give my apt to the Latin store that I live next to. But he is dying and no longer manages the property. I have received no written papers. I need to no my rights and the law on this. Please help I'm in shock. Edited 9 minutes ago by Jennifer 1966 Misspelled Quote Edit
  8. i pay rent weekly and have been at my residence for almost 5 yrs. I have no lease just a paper that documents my deposit. The manager of the property told me I have one week to get out because he wants to give my apt to the Latin store that I live next to. But he is dying and no longer manages the property. I have received no written papers. I need to no my rights and the law on this. Please help I'm in shock.
  9. Mom of many

    Lunch laws

    Is it perfectly legal without repercussions to snatch both my sons lunches out of their hands and toss in a trash in front of them and deny them lunch due to a less than 11.00 lunch balance ? Furthermore to offer them nothing else to eat . While they sit and watch other students eat and can't leave lunch period after being publicly humiliated and hungry ?
  10. On a Far bar AS IS realtor sales contract The inspection period ran out and just before it did the buyer's realtor emailed over an addendum with a lower offer claiming "due to inspection issues" , the problem I have is that they never inspected the house and are lying saying they did just because the clock was running out on their 10 days to inspect. They never contacted me to get in the house. I think they are using the contingency as a tactic to lower the price. Is this Breach of contract? misrepresentation, fraud, not performing or something that I can mention at the mediation over the 5k escrow deposit. I have emails and texts to support their statements. They also have refused to produce any inspection report, won't even tell me one detail from said inspection (that they never did) The last cash offer I received from another company at least they did inspect it and then wanted 33k off the price for ridiculous things like repaint inside and out, new roof, new bathrooms , (that one I signed their cancellation , this time I am not signing) the house was renovated and is move in ready , new floors, kitchen with granite, new paint, new locks, new doors, the bathrooms are outdated but fully function with partial renovations , Standard realtor contract page 5 paragraph reads partly: Property Inspection; Right to cancel Buyer shall have 10 days after effective date (inspection period) within which to have such inspections of the property performed as Buyer shall desire during the inspection period. If the buyer determines, in Buyers sole discretion, that the Property is not acceptable to Buyer, Buyer may terminate this contract by delivering written notice of such election to the Seller prior to expiration of the inspection period. attached ate two pages from the contract , please tell me if the inspection contingency paragraph has any teeth in it? I think its intended meaning is that the house be inspected by someone, its not just "cancel if I change my mind contingency" . I am going to request a mediation (non binding) but may end up suing in small claims court (for the escrow deposit 5k) , but want to know before hand if I have a tooth to stand on. I am aware I could end up paying their lawyer fees if I lose in court. Thanks for any solid feedback on interpreting this paragraph and other relevant words.
  11. In 2002 we went to Kent County court to get marry . Me and my love ( I always said my husband and I) had all kind of ceremonies, receptions, in church, too. After all that year we been filed tax and everything together as husband and wife . Two weeks ago I applied for a passport and it asked for Date of Marriage, I wasn't sure the exactly date because I consider the date we got married in church is the date but it have to be the date at the court. I never have a marriage certificate and I never thought I must have one because we went to the court for paper work . It been a long time and I never know that we were not legally married because Kent county clerk couldn't find our record, they said we were not legally married because we never return the form ... required for the marriage license . We thought we were married for all those years, we filed everything together, now what do we need to do to make everything legally ? And since we're not legally married do we have to refile the tax ? Do we need to do anything to prove either we are married or single ?
  12. 4 Months ago, my 22 year old daughter got really sad (Bi-Polar), cut up her wrists and swallowed a bottle of pills. She was rushed to the Hospital, Baker Acted, stomach pumped and was moved to JFK in North West Palm Beach. She has good insurance. They diagnosed her as Bi-Polar and gave her meds to last until her first appointment with New Horizons in Fort Pierce in a couple of weeks. She was doing just fine on the meds. She went to the first appointment and they only had a counselor who could not prescribe her meds. She would have to wait another month. She missed that appointment having to reschedule the next month because they said they could not fit her in until then. The 3rd month's appointment they called and cancelled the day before. Yesterday 11/17/2016 she was suppose to be there but got depressed, consumed a bunch of alcohol and an entire bottle of benadryl. We found in her room she was self-medicating with all kinds of different items. She was Baker-Acted again when a friend drove her to the hospital. Now she sits at University Pavilion in Broward County wanting to die. Do I have any legal action? I'm tired of my daughter having this mental pain wanting to die.
  13. A Florida city purchased a lot in a commercial subdivision under eminent domain. The lost was subject to CC&R. Does the city have the right to ignore the CC&R and decline to pay association fees?
  14. I'm interested in making a generic cart part for an older car model. I'd like to ascertain that the patent has expired for that product, how can I find that out?
  15. SJFL326

    Dead Tree

    Hello, Last month a lightening strike caused my neighbors large oak tree to split in half. A majority of the tree fell on their roof and property. My siding was damaged and I was left with about 1/4 of the tree on my property line. Since falling, the neighbors have moved out (they still own the home) and have made no effort to remove to tree. Additionally, we found out they recently stopped paying for homeowners insurance, so it appears they have no funds to remove the tree. We were able to remove most of the tree on our property line with the exception of two large limbs that dig into the ground on our side. The tree is supported by these two limbs. My hesitation in removing is that it will shift the tree weight and cause further damage to their house. However, the city left a notice at both of our houses today claiming negligence. So, now I want any remove of the tree off of my property. Am I able to legally remove what is on my side even if it causes more damage to their house (state of FL)? I would like to rectify this situation ASAP without having to face consequences from the city or involve a legal battle with my negligent neighbor. Thank you for your opinions!
  16. Today I was rear ended by this guy who was clearly going for a joy ride in a beautiful Friday afternoon . The cars ahead of me were stopping suddenly and the car directly in front of me was following too close the other cars. I saw the whole thing and break with plenty of time and space (apprx a car's length) . As I looked at the review mirror, The Jeep behind me didn't look to be slowing down and all of the sudden he realized all the cars were at a stop . He slammed on his breaks attempting to stop on time as I hopelessly looked into my review mirror knowing he was no going to stop on time and I was going to be hit. Sure thing, as he tried to break and hard as possible and even tried to avoid hitting me by swerving to his left to avoid me , the speed at which he was driving and how close to me he was before he realized he had to stop, didn't give him a chance to avoid me or stop on time . I was so shaken , this being the 1st accident I've been in . Within 2-3 min fire rescue was there, before I could call 911 they told me they call the police already. Apparently The driver is a licensed fire paramedic, and they knew him. The state trooper was there 5 min after. He went and talked to the guy, shook hands and chatted for about 15 min before coming to me and asking me for my paperwork . They clearly knew each other (maybe from working on the field of - paramedic) I provided him my info and he went back to talk to the guy . After about 10 min he came back asked me what happened and I explained to the officer , just like I just did here . He replied to give him a min . Went back to the guy spoke to him for a few more minutes and came back to me and said that the other driver was giving conflicting statements , stating that I was changing lanes and cut hin off and slammed on my breaks just to have him hit my car . REALLY ? Then the trooper proceeded to say that he could not ticket the other driver because our versions of what happens were different and there were no witnesses . Like the evidence doesn't speak loud and clear and anyone can clearly see my car hit on the rear bumper , mostly on the left side of the bumper were he tried to avoid hitting me but ultimately fail . Not only that , but in FL a rear end collision will virtually always be the fault of the driver who hit the car in the front . So , this trooper didn't ticket his buddy , he obviously knew and told me to let the insurances deal with it . ! Has anyone ever seen of this or come across such thing ? I'm baffled . Since when troopers are not able to determine who's at fault in a fender bender where the back bumper of one car is damaged and the other car that hit has no damage thanks to the big custom bars and tires the Jeep has ? Witnesses ? What more fugan the evidence and the LAW? ! Any suggestions ? What is the law in cases like this ? Please help ! I am attaching a couple of pics of the back of my truck.
  17. Hi, I recently had a eviction filed against me with my current leasing office, where I am residing. All monies owed was paid, resulting in the case being dismissed and no further action was taken. Since, I have noticed that this has been placed on my rental history report, as filed and no action taken. My question, is how do I go about getting this removed from my rental history and credit report since this matter has been taken care of without having to proceed with any filing of an actual eviction? I have been informed by the court clerk, this is will report as a "dismissal" and no action taken. As I have plans to move in the near future, I feel that this will have a great negative impact on obtaining a approval for future rental property or home loan. Please help.
  18. Hello, i am having some difficulties with my ex. To start we were never married. I am a US resident and her and our daughters are US citizens. Our 4 year old child is now living with the mother since i am out of the country. I still work for a company in Florida (online), still pay bills in US, but am more time in out of the country. I am two months away and one month in Miami. We separated with the mother of the child two years ago, we all decided to go back to our country with our daughters but each one to their own city. We arranged an amount of money that i will pass, the days i will visit and so on. Everything was fine until she decided to go back to Miami for 6 months to study. She went back so did i, it was very difficult because we had no more apartment and needed all again just for 6 months. Those 6 months the child lived with me and the mother was free to study work and go out with her friends. After 6 months she said i will need another 2 months, i waited another two months and then she said i will stay maybe another 6 months. I need to come flight out of the country to continue my job and was also having medical attention since i needed several surgeries. I offer the mother that since she is busy i can go out of town with our daughter and she can finish her stuff and then go back to Argentina. Of course she did not allow me to take the child, we had a very rought time, lot's of fights. Until i decided to go back and continue my work, so i did that and until today i am going staying for a month and then two months out. We arrange verbally an amount of money that i will pass and agree to that. Since i left she has made my life very difficult. Denying me to see the child over the phone, to talk with her, each time i talked she will put music, TV all to make it difficult. She is constanlty going out to parties living the child late with friends so she can go out, writing my brother at 4am to see if he can watch the child so she can go out (meaning waking up the child, taking her to my brothers house to go party)... This happens every weekend. She never tells me where the child is, she is constantly lying. Now she is telling me that if i don't delete a specific person on facebook she will not let me see the child, so she blocked me from all possible ways of communication i may have. Am very worry she is much older than me (she 41 me 28). I have a decent job, a decent home in my country, a vehicle in Miami, pay my taxes every year, still have a US phone (tmobile), bills that i pay, medical insurance, etc. I do not know what to do. She never allows me to bring the daughter to my home for few days or week, she is constantly trying to manipulate where i can stay and where not when i go visit, if she is not in the mood she will not let me take her to sleep if she is or wants to party she will not care. Everything is i do this if you give me that and so on... She is always saying that the money i give and what i do it's not enough, so she gets very angry and is very violent verbally. I will like either to have the child with me (which i consider is for the best interest of the child as i feel much more stable than her). she stills lives with her roomate which works on parties and her whole life is the party, so it's not a good place for our daughter to be). If i cannot have the custody i will like to set a child support amount that we all agree and that she will not complain any more, that i commit to that she will commit to not leave our child any where, not go party all the time, allow me to call her once a day, allow me to visit her and bring her to my home). The mother keeps saying that when she is finish she will go back to her home in Argentina (as we agree when we separated) but it;s been over a year and she has not left Miami. If someone can give me an advice on what i should do. I will highly appreciate it. Forget to mention that at the same time i don't want to lose my US residency or the chance to be a US citizen which they denied to me because they said i did not had proof of child support. But i have always given a lot to the mother and have proof of that... What can i do with this as well? Thank you
  19. ARS

    Mold

    Me and my pregnant fiancé live in a one bedroom apartment and about three months ago we noticed there is a mildewy odor. after a while we started noticing mold on our clothing that was stored near the ground in our dresser. We reached out to our landlord and she did nothing but send us a dehumidifier. We explained that this did not solve the problem that this in fact just covered the problem. This has been going on for 3 months now and my fiancee is having breathing issues and is constantly coughing and wheezing. At this point we are breaking our lease and moving which is costing us $6000 to do so. this also means we are breaking our lease which was poorly written and there is no penalty to us in doing so. We are thinking about suing our landlord for moving fees and for health damages.What do you recommend. (we have proof of everything)
  20. My mechanic has no lien or grounds for a lien as no work was performed and we had no contract verbal or written, but he won't return my car unless I pay $400 in storage fees. My car is immobile and was in his possession for an estimate. It was stored on his property for about 1 week and then stored across the street on public property by railroad tracks for about 5 weeks. We have no contract written or oral and no work was performed. When I contacted him recently to tow my car back was when he attempted to charge the fees and would not return my car, but he has not filed a lien. (It stayed on his property because it may have been repaired or traded to him fro another vehicle which he had for sale) Is this extortion? Can I/should file a criminal complaint for theft/extortion in order to get my car back or what is the best way to proceed? When he brought up the fee amount, and I explained that I saw my car on public property for 5 weeks he verbally exploded and we hung up. He also moved his shop and my car without notice. It's my understanding that in Florida a lien can only be filed for work and services performed, and under verbal or written contract. And storage cannot be charged until after notice of lien is filed? Is the above true and if so should I try and politely point that out to him in a letter first? Seeking resolution options that don't involve feeling like I've been robbed or extorted. I need the vehicle for some trade in value, and it's in excellent condition with new tires, new paint, new engine,(which I recently paid for) and I'm sure any mechanic would love to get their hands on it for a quick fix and flip. Thank You.
  21. My father was dismissed by his pain management doctor after having a false negative on a urine analysis. Now, other doctors are refusing to take him on as a patient because of the UA report on his medical records. However, he has proof that he actually took his medication as directed, which would invalidate the UA, but his original doctor refuses to allow to him to even request an amendment to his records. His condition is chronic and debilitating, so it's imperative that he resolves this as soon as possible. How can he do that?
  22. I worked for an IT company as Operations Manager for 7 months. During this time, I started helping some of our customers with software development and database work. The IT company did not previously offer these services so the customers were very happy. I've left the job and have started my own software development company. While at the IT company, I signed a non-compete that stated I could not contact any current customers of the IT company. My question is: Since the software development and database work is NOT something the IT company advertises or sells, what would be the impact in court should the IT company pursue the non-compete?
  23. My father passed 5 months ago after being ill for the last few years. There are 3 adult children and no spouse. Two of the children had been estranged on and off throughout the years. However, Dad was always there to help them with financial issues by lending/giving them money. He kept records of this or I wouldn't know the depth of it. I was only concerned by this in recent years when I knew he was on a fixed income and living off of his social security (in his 80s). Our relationship has always been good and he placed a lot of faith in me. I was his health care surrogate, POA, and executor of his will. He had made his will out about 7 years ago. I had a copy and was aware of the original's location. The will was to all three children and to divide in equal portions. Dad would've allocated more to me, and had expressed he would but I declined. I felt equal would be best for the sake of peace in the family. We had decided to file summary administration since it was well under the requirement. I had been informing both siblings of the status and documents were sent by the attorney I hired. My brother-in-law had sent me an email demanding several pieces of information be forwarded to him. I replied by telling him the attorney would take care of it. I have to admit it had me upset since I was spending a lot of time and money paying bills out of my own pocket (cremation, attorney, and all the household upkeep) while managing things from several states away. I am keeping good records of all expenditures and have never removed anything from the estate assets. The house sits "as is". To date, I have paid out about $4,000 of my own money. Neither sibling was willing to assist, but I didn't expect it. Recently, I found out that the brother-in-law sent a letter to the court clerk (posing as my sister). He says that he and my sister were at hospice three days prior to my father's death. He claims he made a video of my father stating they could take whatever they wanted from my father's home during their visit. In addition, that my father wanted the brother-in-law to handle his finances and the estate when he died. He also stated in this letter that they believe I destroyed a second will and I am mishandling the estate process - which is untrue and defamatory. First, my father has suffered a stroke and was mentally impaired. Second, my father was on very strong medications. Third, my father had not seen this sister in over eight years. He had never met the brother-in-law before. My sister had just recently married him. Fourth, I have been diligently and professionally handling the estate ensuring the house is maintained. Question: It appears to me that they were attempting to make a video deathbed will. I believe my father was uncooperative (I know him well). My sibling would not have even known of his condition had I not contacted her. I understand that deathbed wills are not recognized in Florida, so that does not concern me. What concerns me is that they were attempting to coerce my father while in his most vulnerable moment. They also went to his residence and removed several items in the days prior to his passing. I am technically not even the executor since we filed under summary administration. I think this might be a good thing, but not sure. There is about 20K in funds, 40K in real estate, and 3K in personal assets involved (divided 3 ways). It seems ridiculous to fight over this. I wish the attorney was more aggressive in addressing these things (and communicating), but he has been very slow and uninformative. He's been paid upfront and I'm willing to pay for his additional time. I would hire another attorney, but I am afraid it will be no different. Attorney says he can begin closing the estate now. Will the court give any weight to their unsubstantiated allegations or is this kind of thing typical nonsense? Can I pursue legal action against them for attempted fraud using the video as evidence if we can get the brother-in-law to produce it?
  24. A friend & business owner is undergoing cancer treatments. Can her friends pitch in and work in her Florida business without pay when she is unable to work?
  25. Can a county sheriff cite a conditional release act fl state statute, 947.1405, on a federal probationer who is on supervised release, even if the Florida Commission of Offender Review said he is not on any type of supervised probation through the state of Florida ? FDLE did not cite that statute but the county sheriff does. I am on Federal Probation so I don't understand when I am not on Conditional Release with the state of Florida.
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