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Florida Questions & Answers
1 Answer | Asked in Immigration Law and Civil Rights for Florida on
Q: Detained US citizen seeks advice on stalled BIA removal proceedings.

I am a U.S. citizen, but I was detained by ICE in Miami Krome for 16 months. After discovering my citizenship, I was released within thirty minutes, but my removal proceedings have not been terminated by the BIA. My attorney is handling my case, but the case seems stalled. What steps can I take to... View More

Kevin D. Slattery
Kevin D. Slattery
answered on May 23, 2026

Did you acquire citizenship automatically by virtue of a parent naturalizing while you were under 18? If so, have you yet applied for either a certificate of citizenship or U.S. passport to evidence your status as a U.S. Citizen? Has your attorney reached to to ICE Counsel about filing a joint... View More

2 Answers | Asked in Business Law, Contracts and Personal Injury for Florida on
Q: Am I liable if neighbor's cows escape from my damaged fence?

I live in Florida and have a mutual, non-monetary agreement with my neighbor. Due to a breach in his fence, I allow his cows access to my fenced-in pond. Recently, storms have damaged my fencing, and my repairs haven’t been adequate to keep the cows securely contained. We now have an unwritten... View More

Shannon J. Sagan
Shannon J. Sagan
answered on May 22, 2026

Yes you could be. Especially if one of the them gets loose and is hit by a car and injures someone. One of the relevant statutes is: FS 588.15 Liability of owner.—Every owner of livestock who intentionally, willfully, carelessly, or negligently suffers or permits such livestock to run at large... View More

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2 Answers | Asked in Business Law, Contracts and Personal Injury for Florida on
Q: Am I liable if neighbor's cows escape from my damaged fence?

I live in Florida and have a mutual, non-monetary agreement with my neighbor. Due to a breach in his fence, I allow his cows access to my fenced-in pond. Recently, storms have damaged my fencing, and my repairs haven’t been adequate to keep the cows securely contained. We now have an unwritten... View More

Peter J. Porcaro
Peter J. Porcaro
answered on May 26, 2026

The answer depends on a doctrine that often surprises rural Florida landowners: Florida is a "fence-out" state for most purposes, but livestock owners still bear significant responsibility when their animals escape onto roadways and cause injury.

My read on these facts is that the...
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2 Answers | Asked in Estate Planning, Tax Law and Probate for Florida on
Q: Will my son pay taxes on a gifted condo in Florida when I die?

I live in Florida and have listed my son as a co-owner of my condo, which was primarily done as a gift. He currently lives with me in the condo. I'm concerned about potential tax implications for him when I pass away. Specifically, will he have to pay any taxes, and if so, which kind? I... View More

Phillip William Gunthert
Phillip William Gunthert
answered on May 21, 2026

Generally, I would advise you to speak with and work with a Florida Estate Planning Attorney and they can advise you on estate related matters and on avoiding probate entirely potentially, more importantly, they can help you with issues related to Power of Attorney, Florida Healthcare Surrogate,... View More

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1 Answer | Asked in Employment Law for Florida on
Q: What can I do about retaliatory schedule changes at work in Florida?

I work at Dunkin' Donuts in Florida, and I recently filed a complaint with a manager from another store about my current store manager's behavior. Since then, I believe I've been facing retaliation as my scheduled hours, initially approved for 41 hours by the district manager, have... View More

Melissa C Mihok
Melissa C Mihok
answered on May 21, 2026

If you think that the reason for the treatment that you have been receiving is due to the complaint that you made about your manager, the only way that you would have a cause action against Dunkin’ Donuts would be as if what you complaining about was a violation of a law, rule, or regulation. If... View More

2 Answers | Asked in Real Estate Law, Landlord - Tenant and Arbitration / Mediation Law for Florida on
Q: What legal actions can I take for excessive lot rent on leased land in Florida?

I am a 73-year-old resident in Lakeland, Florida, attempting to sell my manufactured home on leased land for the past three years. The primary issue preventing the sale is the excessively high lot rent. I've had a meeting with the management, where they suggested I hand over my keys if I... View More

Barbara Billiot Stage
Barbara Billiot Stage
answered on May 20, 2026

The only thing I would add to my colleagues answer is the difficulty in determining what is "reasonable," which usually requires a judicial determination. Mediators cannot order either party to do anything but is still required before litigation can be filed.

The law and likely...
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2 Answers | Asked in Employment Law, Civil Litigation and Small Claims for Florida on
Q: What are my legal options for unpaid wages and mistreatment by my employer?

I am a 25-year-old student who was hired by an F45 fitness studio in Florida to shadow classes, with the promise of $10 per class as confirmed in their manual and in written confirmation from the owner/manager. I completed approximately 26.5 hours of shadowing, leading to an owed amount of $310.... View More

Melissa C Mihok
Melissa C Mihok
answered on May 20, 2026

If you do end up filing in Court, you may be entitled to up to three times the amount of wages owed, and the employer will have to reimburse you for all attorney's fees and costs expended in obtaining that back pay. If you have additional questions, I suggest you contact a labor and employment... View More

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3 Answers | Asked in Personal Injury and Car Accidents for Florida on
Q: Should I get a lawyer for my son's bike accident injuries in Florida?

My minor son was hit by another person while he was riding his bike at a four-way intersection. There is a police report and a witness statement regarding the accident. He was seen at the hospital for road rash and bruising, and he is experiencing pain. Should I get a lawyer to help with medical... View More

Shannon J. Sagan
Shannon J. Sagan
answered on May 19, 2026

Sorry to hear about your son. Was your son found at fault in any way? Who was he hit by? Another bicyclist, pedestrian, car? A lot of these cases are determined by fault (in Florida we now have modified comparative fault law unfortunately), the availability of insurance coverage to cover his... View More

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3 Answers | Asked in Personal Injury and Car Accidents for Florida on
Q: Should I get a lawyer for my son's bike accident injuries in Florida?

My minor son was hit by another person while he was riding his bike at a four-way intersection. There is a police report and a witness statement regarding the accident. He was seen at the hospital for road rash and bruising, and he is experiencing pain. Should I get a lawyer to help with medical... View More

Stephen Arnold Black
Stephen Arnold Black pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 20, 2026

You should retain a personal‑injury attorney to represent your son in his claim against the at‑fault driver. Any recovery obtained on his behalf must be placed into a structured settlement and approved by the court, and the funds cannot be distributed until he reaches the age of majority. Hire... View More

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3 Answers | Asked in Personal Injury and Car Accidents for Florida on
Q: Should I get a lawyer for my son's bike accident injuries in Florida?

My minor son was hit by another person while he was riding his bike at a four-way intersection. There is a police report and a witness statement regarding the accident. He was seen at the hospital for road rash and bruising, and he is experiencing pain. Should I get a lawyer to help with medical... View More

Peter J. Porcaro
Peter J. Porcaro
answered on May 26, 2026

I'm sorry your son was hit, and I'm glad he was seen at the hospital. A bike-versus-vehicle accident with a police report and a witness statement is exactly the kind of case where getting a Florida personal injury attorney involved early protects your family in ways that are hard to... View More

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1 Answer | Asked in Landlord - Tenant, Civil Rights, Personal Injury and Real Estate Law for Florida on
Q: How can I stop tenant harassment in Florida?

I am experiencing tenant harassment in Florida. I began renting a room in a coworker's home in March. Recently, she has become hostile, revoking permissions like using the kitchen, which was previously allowed. She threatened violence and called her adult children to intimidate me, leading me... View More

Melissa C Mihok
Melissa C Mihok
answered on May 19, 2026

Unfortunately, there is not much that you can do other than move. There is no law in Florida that you have to be nice or even civil to your roommates. If it escalates to physical violence, which I hope it does not, you should call the police. But if your co-worker is on the lease, and you are not,... View More

3 Answers | Asked in Real Estate Law and Contracts for Florida on
Q: If condo limits pool access, does my original contract's unlimited access still apply?

I purchased a property in an apartment building in Florida that includes unrestricted access to a shared pool, as stated in my purchase agreement. The building's condominium association occasionally votes on new rules. Recently, there was a vote to limit pool access to certain times or days.... View More

Barbara Billiot Stage
Barbara Billiot Stage
answered on May 19, 2026

Not only does a lot depend on the language of your purchase agreement, the statute in effect at the time the condominium's documents were recorded, the language of your condominium documents and any amendments to them, but also depends on WHO sold you the condominium. If you didn't buy... View More

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2 Answers | Asked in Business Law and Real Estate Law for Florida on
Q: Can future creditors of a Florida LLC owner claim a jointly owned home?

My mother and I plan to purchase a townhouse in Florida, where I will have my primary residence. I am a business owner with an LLC, and while I currently have no debts, I am concerned about potential future debts. We intend to own the property jointly. Could my future personal creditors or... View More

Phillip William Gunthert
Phillip William Gunthert
answered on May 19, 2026

You should speak with a Florida Attorney precisely about your and your mom's circumstances, but generally speaking, it is vital to keep your LLC and your personal finances and property and ownership interest separate, do not commingle things from bank accounts to anything else, also, do not... View More

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3 Answers | Asked in Car Accidents, Legal Malpractice and Personal Injury for Florida on
Q: How can I ensure fair compensation for my back injury after a rushed settlement by my lawyer?

I was involved in a car accident and received a settlement valued at $100,000 or more. My lawyer rushed me to settle the case with insufficient communication and took a large portion of the settlement. I am left with a permanent back injury and still require surgery. How can I ensure that I receive... View More

Maria Corvaia-O'Donnell
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Maria Corvaia-O'Donnell pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 17, 2026

Good Morning, I am sorry to hear that your lawyer rushed your settlement and that it’s insufficient for your needs. That is unacceptable. However, settlements are usually protected by a “release”. If you signed a release that will prevent you from seeking further damages from the specific... View More

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1 Answer | Asked in Family Law, Health Care Law and Estate Planning for Florida on
Q: What are my rights to make decisions for my boyfriend in Florida?

I'm not married, but I've lived with my boyfriend in Florida for 20 years, and he's currently in the hospital and might die. I'm concerned about my legal rights to make healthcare decisions for him and manage his affairs since I'm unsure if there's any power of... View More

Phillip William Gunthert
Phillip William Gunthert
answered on May 15, 2026

I am very sorry for your struggles and the medical condition of your boyfriend, at minimal there should be conversation about a Will, Power of Attorney, Florida healthcare Surrogate, HIPAA Waiver and probably even a Living Will, much of this will depend on his mental capacity and ability to make... View More

1 Answer | Asked in Employment Law and Employment Discrimination for Florida on
Q: Can I be fired for diminished cognitive function after a past aneurysm?

I work remotely in Florida for a company based in Texas. I experienced a ruptured brain aneurysm 12 years ago, which has resulted in diminished cognitive function. I've been with the company for 31 years, in an at-will employment status. Recently, in February, my employer expressed concerns... View More

Melissa C Mihok
Melissa C Mihok
answered on May 15, 2026

If you have a documented "disability" as defined by the ADA (an impairment that affects a major life function) you are protected under the ADA from discrimination because of that disability or the perception by the employer that you are disabled. They are required (if they have at least... View More

1 Answer | Asked in Civil Rights, Libel & Slander, Civil Litigation and Personal Injury for Florida on
Q: Can I be sued for defamation for an email sent 15 years ago included in discovery?

I sent an email 15 years ago to a lawyer about three individuals who were allegedly hurting someone, expressing my opinions on the matter. This email has recently been included in the discovery process for a lawsuit. These individuals are known to be vindictive and often seek opportunities to file... View More

Melissa C Mihok
Melissa C Mihok
answered on May 15, 2026

Most likely not. In order to even begin a defamation lawsuit, the plaintiff would have to show that 1) what you said was false; 2) you told a third party, knowing it was false; and 3) that he/she suffered damages as a result of your statement. If you were in a supervisor position, the speech is... View More

1 Answer | Asked in Employment Law and Contracts for Florida on
Q: What is the legal definition of "comparable employment" for severance?

My company is offering severance to eligible employees whose positions are being eliminated due to a reduction in force. The severance eligibility mentions that employees not offered "comparable employment" may be eligible for severance pay, provided they work through their planned... View More

Melissa C Mihok
Melissa C Mihok
answered on May 14, 2026

Your current employer, unless they made some type of arrangement with another company, cannot offer or promise you external employment. What is considered "comparable" is not a legal term, so it is not necessarily the same position, hours, pay, location, etc. What is... View More

1 Answer | Asked in Estate Planning and Probate for Florida on
Q: Can a trustee sell estate items without consulting beneficiaries?

I am concerned about my cousin, who is the trustee of my parents' estate. Without providing any inventory or accounting, she has already sold everything in one of my parents' houses in Florida and is now doing the same with their property in Wisconsin. My brother and I are beneficiaries,... View More

Phillip William Gunthert
Phillip William Gunthert
answered on May 14, 2026

Answering from a Florida perspective here, so consult with a Wisconsin or your home state attorney, but generally speaking "NO". You should demand a copy of any Will, Trust and demand a full accounting, a Trustee has affirmative duties to beneficiaries and they include providing a copy of... View More

1 Answer | Asked in Employment Law and Gaming for Florida on
Q: Can I claim unpaid wages if paid below minimum wage in Florida?

I was employed in Florida by a couple who owned three businesses. My roles included remote work as a customer service team member for two companies and an in-person position as a customer service team member and cashier for the third. Despite the state minimum wage being $13/hour—and increasing... View More

Melissa C Mihok
Melissa C Mihok
answered on May 13, 2026

Yes, you do. The Fair Labor Standards Act and Florida Statutes Chapter 448 require that they pay you minimum wage and time and a half for all hotel worked over 40 per pay period, unless you are considered exempt. From your description, you are likely not exempt and you should be paid if you have to... View More

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