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Medical malpractice suit acting pro,se

by Richard Mosley
(Orlando fla)

I am having a hard time getting an corroborating expert opinion from a medical doctor, because he will not sign an Affidavit from me because it is not coming from a lawyer. I have filed other papers and if I don't filed or get an expert opinion in relation to my claims my case will be dismissed and the Statute of limitation is soon to expire. I need some advice as to what to do. My E-mail is mosleyric60@yahoo.com, I have tried all types of lawyers but they won't accept the case. Its a soft tissue case and very complex. I have been doing law in prison for 35 years, and I never had this problem before. I live and breathe law. Please respond.

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Sued for non compete...forced me to leave then enforces the no compete

by Sofia cavanaugh
(Spring hill florida)

The correct things that I will need ...the questions that I should ask the opposing lawyers during discovery...what are the rules and procedures in the court room.....I was a no compete as an employee..but became a booth renter instead but never signed a no compete as a renter ...and was forced to leave only for her to enforce the no compete now.....her due diligence should have been more precise.....wants her money back. ...buts is neglecting to divulge that she closed because met a man online and took off for Brooklyn ..not because of me or this no compete...
So with that said. ....I need the proper paperwork and guidance

She purchased my salon....I iam a hairdresser.....I live in hernando florida
I just want to know if I signed a no compete as an employee then became a renter ...If this changes things..it would give me an out.....will the judge make me stop working?...this case is 3 yrs old....just now moving to trial.....based on fraud
I am scared to death...this woman harassed me..belittled me in front of clients...bullied me....yelled at me....I sent in a list of 17 witnesses ...that will testify gladly how she forced me out.....

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Enforceability of Non-compete agreements in Florida
by: Staff FALDP

Sofia,
First, the enforceability of the non-compete agreement depends on the content of the agreement. It must be reasonable and not over broad. Following is part of the Florida Statute:

542.335 Valid restraints of trade or commerce.—
(1) Notwithstanding s. 542.18 and subsection (2), enforcement of contracts that restrict or prohibit competition during or after the term of restrictive covenants, so long as such contracts are reasonable in time, area, and line of business, is not prohibited. In any action concerning enforcement of a restrictive covenant:
(a) A court shall not enforce a restrictive covenant unless it is set forth in a writing signed by the person against whom enforcement is sought.
(b) The person seeking enforcement of a restrictive covenant shall plead and prove the existence of one or more legitimate business interests justifying the restrictive covenant. The term “legitimate business interest” includes, but is not limited to:
1. Trade secrets, as defined in s. 688.002(4).
2. Valuable confidential business or professional information that otherwise does not qualify as trade secrets.
3. Substantial relationships with specific prospective or existing customers, patients, or clients.
4. Customer, patient, or client goodwill associated with:
a. An ongoing business or professional practice, by way of trade name, trademark, service mark, or “trade dress”;
b. A specific geographic location; or
c. A specific marketing or trade area.
5. Extraordinary or specialized training.

Please read the entire statute or consult an attorney to learn more.

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What if conpiracy is going on in you case with the judge and the lawyer but you is the plaintiff

by Karena Troutman
(jacksonville fl)

What if you have a case filed here in Florida and the judge and the lawyer are working together in the case. How do you file a conspiracy against them and who do you file it with and don't forget you are the plaintiff in the case and know the rules but they keep telling you you need to hire an attorney.

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Conspiracy
by: Staff FALDP

Karena,
The entity that investigates judicial misconduct is called the Judicial Qualification Commission (JQC); and the entity that investigates attorney misconduct is the Florida Bar. Here are the links:

http://www.floridajqc.com/images/JQCComplaintForm.pdf

http://www.floridabar.org/TFB/TFBResources.nsf/Attachments/AB230E7DCCC3B75385256B29004BD6DC/$FILE/Inquiry%20Complaint%20Form.pdf?OpenElement

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Can I sue for ruining my credit?

My abusive exhusband has on several different occasions refused to pay the mortgage on the family home (financial abuse). This has resulted in three separate foreclosure filings. He testified that he was irresponsible in paying the mortgage and he also testified that he had sufficient income to pay it because he has maintained employment since 2005. He is now in possession of the home, my credit is ruined and I am now unable to get a mortgage loan anywhere because my name is still on the loans for the 1st and 2nd mortgages he refuses to pay. Also, my negative credit score impacts my employment since I am a law enforcement officer and part of the application employment process is credit-worthiness.

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Suit for damage to credit
by: Staff FALDP

Nowadays good credit is considered a valuable asset and part of someone's reputation. Damage to that asset is compensable, but they don't say it's easy. According to a recent article on Fox Business -

http://www.foxbusiness.com/personal-finance/2013/04/02/damaged-credit-can-sue/ by Mindy Zetlin; published April 2013:

Damaged Credit: Can you Sue?


"In order to sue, you have to have a cause of action -- something specific the other party did that was illegal or malicious or infringed on your rights ..."








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Can I file dual lawsuits against the same company?

by Isabel
(Florida)

I am currently suing my bank for massive fraud, racketeering and RESPA in Federal Court. During the discovery phase, I acquired additional information regarding the fraud committed against us. We have passed the discovery phase and are now in pre-trial phase. The Defendants filed a Motion for Summary Judgment with just our depositions as evidence. Our depositions do not favor them at all. However, they failed to submit the depo of my expert witness whom they deposed. I am now awaiting the judge's decision and I am worried that he would be biased with the bank and unfairly grant them summary judgment. I would like to know if I can appeal this lawsuit and file another one in State Court with other counts such as FDCPA, Florida RICO, Common Law Fraud, Unjust Enrichment, etc. I can also add two more Defendants as well to this new lawsuit with the evidence I now have. Would there be an issue here with subject matter jurisdiction or some other issues? Thanks ahead of time.

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A complicated case
by: Legal Eagles

Your situation sounds complicated. You can still request permission for leave to amend your complaint. Information gained from discovery is customarily used not only as evidence but as grounds to file an amended complaint. That would be your first and best bet, and add your state claims onto the federal complaint as pendent state law causes of action.

Fed. R. Civ. P. 15 (a)(2) Other Amendments. In all other cases, a party may amend its pleading only with the opposing party's written consent or the court's leave. The court should freely give leave when justice so requires.

One simply files the motion seeking leave to file an amended complaint under this rule of course a copy of the proposed amended pleading should be attached, once the motion is granted, remove the word "proposed" and file the Amended complaint. It would be titled a "Plaintiff's First Amended Complaint" or "Second Amended complaint" and so on. The "should freely grant leave when justice so requires" clause is interpreted liberally by the federal courts.

Basically, one can amend when justice requires as in the case of the person posing the question. As to pendent state claims, that is normal pleading practice allowable under 28 USC Section 1367, See also this law review article: http://scholarship.law.marquette.edu/cgi/viewcontent.cgi?article=1598&context=mulr

Basically, if a fed court has original jurisdiction, it can exercise "supplemental" jurisdiction over a related state claim. For example, one brings a claim in fed court for a violation of the FDCPA and there is a local state law giving a civil claim for illegal debt collection practices the pleader can cite both the FDCPA violation in one Count, and the state claim in another Count. Discovery proceeds as usual even over the state claim.


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I need to sue an attorney for false representation/ He was a lawyer for the bad guy

by Gina
(Central Florida)

In what court do I file and can I file Pro Se. As of right now I have had a very hard time obtaining an attorney willing to sue against the county officials and the developers. My son and I are very sick. The first attorney ended up being an attorney for the Dr.'s that denied us treatment. I have just recently obtained all the proof of this and I want to take that attorney and the hospital/ dr.'s to court and get justice!
I am not afraid to take it on myself and in fact would be quite satisfied in being able to do it my self. I just would like some knowledge as of where to begin.

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My thoughts
by: Shavon Phipps

The best thing to do when you want to file a complaint against an attorney you should contact the Bar Association. Filing a complaint is much easier than trying to find an attorney to sue another attorney, although there are those out there.

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Judicial Negligence

by Allen B
(Broward County, Fl)

Pro se examples of motions to fourth appellate vacating a family court order by a judge who completely disregards an un-allocated final judgement terminating child support and perjury from an assistant attorney general falsifying an order.

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Pro Se Appellate Handbook
by: Staff, FALDP

Dear Allen B.,

We found a "Pro Se Appellate Handbook" published by the Florida Bar. The page we found it on is:
http://prose.flabarappellate.org/. Please copy and paste that link into your browser. We don't know whether this handbook includes exactly what you're looking for, but it should help you in your research.

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Facebook Invasion of Privacy

Does law enforcement really monitor you on facebook? Is that not an invasion of privacy? What can I do about it or is the government allowed to do this?

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Privacy, what privacy?
by: Anonymous

A not too recent Tampa newspaper story reported that Florida courtrooms accept Facebook evidence.

"Facebook flubs make for salacious legal cases"

By Stephanie Hayes, Times Staff Writer
Stephanie HayesTampa Bay Times In Print: Friday, October 15, 2010


"Florida courtrooms accept Facebook evidence to different degrees. Tampa Bay is receptive to the Internet, attorneys say, but more bucolic locations still think rooting through Facebook is an invasion of privacy akin to wiretapping. Florida has no-fault divorces, so in those instances, blame doesn't matter. At the very least, Facebook flubs diminish reputations and discredit stories."

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I wish to file a federal case in Florida with diversity jurisdiction.

by Salma
(UK)

I am no longer living in the united states, but I believe that a wrong was done to me. I want to file a case in Florida, but since I am pro se, does that mean I cannot file anything online? Can I mail my complaint?

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Filing documents online
by: Staff FALDP

Salma,
Right now in most Florida jurisdictions only attorneys can file documents online. However, you should be able to file via regular mail or via fax (followed by a hard copy) in any Florida court. Check with the clerk of court where you will be filing first, to find out any special or local rules; as well as to find out if there is a specific mailbox to send to, fax number, and filing fees. Remember to ask about method of payment that is acceptable. Some counties may accept credit card payment; while others will only want money orders.

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Motion for partial summary judgement when amended answer and counter-claim gave him second chance to plaintiff complaint in trial for counter-claim only

by Anne
(Daytona Beach)

My counter claim against landlord in previous eviction was transferred to circuit court. Only the counter-claim was pending and the eviction had already been dismissed on summary judgment when I was a pro se litigant defendant. The only thing pending in the case was trial for my counter claim.

This is 2 years later when status conference was held to set case for trial. I retained an attorney at that time and he was granted leave to amend the complaint.
I'm not sure why, but he filed an amended answer, defenses, and counter claims and a motion to transfer venue to circuit court for claims more than $15,000. The transfer was granted and docket still showed the Plaintiff's original complaint where I was the Defendant as dismissed/dissolved, and the counter-claim with me as Plaintiff listed as transferred and pending.
A few weeks after the transfer to circuit court, my attorney filed a second amended answer, defenses, and counter-claim. I don't understand what he is "answering" because there is no outstanding complaint against me, but now it shows the Counter defendant as Plaintiff, also Plaintiff/Counter-Defendant. I am now Defendant forst and Defendant/Counter-Plaintiff second.
How can that be when the eviction was already decided and only my counter claim was pending?
I can't understand why the Attorney would have filed a new answer, when there was no longer an active complaint by Plaintiff for me to answer to and even so, how does it cause him to be able to retry his complaint as Plaintiff when I initiated, paid for, and filed this Counter-Claim on the basis of the false eviction complaint and the judgment being the main document of my cause of action.
If this has given him a second opportunity, can I file motion for partial summary judgment as to the eviction complaint for declaratory relief and demand for judgment, especially since it was retaliation and a false complaint, I already proved that and got judgment, and that is the primary basis for my Counter-Claim?
If so, can I request expedited hearing based on the fact that we are in the process of scheduling depositions and his complaint was already adjudicated 2 years ago and I should not have to have all the extra expense and time to make that a part of the trial? Essentially I would then be paying for him to have a second opportunity to plead his case and essentially making the judgment being available at the onset, irrelevant until I re-establish a cause of action?

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Motion for summary judgment/declaratory relief as to the eviction complaint for
by: Anne

Although I did explain I was the prevailing party on the Plaintiffs original complaint, dismissed by adjudication, and the only open claim pending were my counter claims as the Counter-Plaintiff and after 2 years of constant delays by the Counter-Defendant,the Attorney's amendment was the specific cause of his ability to restate his claim as the Plaintiff, it was only for the purpose of clarifying the specifics of the erroneous motion that led to my question about the best way to reverse that action.
I am not in any way asking for advice on how to proceed with the Attorney's actions and any action I take against the Attorney will in no way assist me with my current and time sensitive need for advice on the question I have on the case in front of me.
That is, the Plaintiff's case is long since been dismissed. The only case pending is the counter claim which is a direct result of his false claims which have already been proven.
The amendment on the claims were already filed and after the additional claims were accepted a motion to transfer venue based on jurisdictional reasons (increase in claims) was set for hearing.
The judge signed the order to transfer MY COUNTER CLAIM to the higher court and it was agreed I would pay the additional expense (of course, it was my motion and my claims)
The case was transferred and I was The Counter-Plaintiff, that case pending. The docket showed as follows.
The case with him listed as the plaintiff (Dismissed/Dissolved) Closed.
The case with ME as Counter-Plaintiff PENDING
Then a week later, my attorney decided to file a second amended answer and defenses along with the Counter-claim. As of that day...Both cases opened.
His case no longer closed. He is Plaintiff Pending with me listed as Defendant.
On the case with me as Counter-Plaintiff, also listed as pending, but I am listed as Defendant on that case as well!
Would a summary or declaratory judgment motion, as to his claims as Plaintiff, already adjudicated and closed, before going to trial in order to eliminate him benefiting from my claims, be advisable?

No telling
by: Judi L.

Dear Anne,
I don't want to sound flippant, but there is no telling why your attorney did what he did. This site is probably not the correct resource for you. If you feel your attorney gave you incorrect or damaging advice, you may need to file a formal complaint through the Florida Bar.

I am not an attorney, and do not give legal advice.

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Can I ask for my money back ($500) from my lawyer?

by Sonia
(Florida)

I contacted this lawyer with the hope that he could help me to recover my small dog from somebody who refuses to give him back. After telling my story, the lawyer said that he can help me and right away asked for my credit card number and charged $500. He sent 2 letters to the persons involved in the case, giving up to 20 days for them to respond back. I called him once a week in order to know how my case was going. It was hard to reach him since most of the time he was away from his desk or at court. Finally I contacted him after the 20 days and he said since the person didn't contact him he wanted to give another 20 days. The first letter said if she didn't contact him he will pursue with legal matters, but any way I agreed but asked for only 7 days. He said that is not the way the law works. Then after more than 20 days again he won't answer my phone calls. I left him a couple of messages. The receptionist said he was away from his desk or in court. It's been 3 weeks since I tried to contact him and no answer from him. His office is in Hollywood,Fl which is about 40 minutes from where I live. I don't want to waste my time any more with him. I do have a copy of the receipt and the 2 letters and also in my message I ask him to transfer may case to someone else if he don't have the time to do it. But he again did not answer. Can I get my money back? If so what legal document do I need to do? Thank you. By the way I'm going to court on my own to continue with my case, as I had paid more than $300 in order to get a hearing.

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Recovering your money
by: FALDP Staff

Dear Sonia,

First write a letter to the attorney and request that he give you your money back. Include in your letter a time period where you are requesting either your money refunded, or a reason that your money will not be refunded. If you do not receive a response within that time period, your next step is to go to your local clerk of court's office and see if they have a form or form packet for small claims court. Ask the clerk of court for assistance.

Good Luck!

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Small Claims/Circuit Court

by Mark Peterson
(Monroe County Florida)

I'm told Florida has a small claims in Circuit Court where you can seek damages up to 15,000.00. Is this true?

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Owner, Docs In a Box
by: Denise

Monroe County, FL does have a small claims court; however, that is for claims $5,000 or less, excluding costs, interest and attorney fees, if you employ an attorney.

Here is a site that explains small claims in Monroe: https://gov.propertyinfo.com/fl-monroe/civil/coCivilSmallClaimsFAQ.html

The Monroe County Circuit Court, Civil Division, is where one would file a claim of $15,000 or more. See: https://gov.propertyinfo.com/fl-monroe/civil/cirCivilFAQ.html

Monroe County is located in the 16th Judicial Circuit. http://www.keyscourts.net/

The Monroe County County Court, Civil Division, would handle claims over $5,000 and under $15,000.

The court system runs as follows: Florida Supreme Court > District Court of Appeals > Circuit Court > County Court > Small Claims Court.

I hope this gives you enough information for what you need.

Denise Wells
Docs In a Box
Virtually serving the State of Florida
(561) 206-2207

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I want to file a lawsuit against a bank for returning items as unpaid when there was clearly funds available. This action ultimately affected my credibility and destroyed my financial profile

by Deb Fields
(Lake County, FL)

I just don't know how to correctly word the filing documents. Any suggestions?

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Law suit against bank
by: Lorna

Dear Deb,
I'm not sure how to answer your question. I only have a comment that might be helpful. It may seem like your bank was out to get you, but they may just have been following banking rules, or their own bank policy. It seems that bank policy sometimes works like this: the bank will return several smaller checks for insufficient funds and pay only the largest. For example, if you paid your mortgage for say, $500. and you had three smaller payments that added up to only $150. according to some banks policy, they would pay the $500. mortgage payment, and bounce the other three. Their reasoning is that the $500. payment is the most important. Or, you could interpret their action as wanting to make the money on three separate fees for insufficient funds.

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How do I Sue for Illegally Tapping Phone Conversations.?

by Katy
(Pennsylvania)

Violation occurred in Volusia County. Have deposition where he admits to tapping phone lines.

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phone tapping
by: Anonymous

Florida is one of the few states that "illegal interception of oral communication" is a third degree felony. Notify the state attorney's office.

Illegal Wiretapping
by: Staff FALDP

Dear Katy,

First understand that when you sue someone you sue in civil court and the punishment for a civil wrong is most often a fine or money damages. When someone has committed a crime the punishment could also be a fine but could also be criminal charges up to and including incarceration.

According to the Privacy Rights Clearinghouse - www.privacyrights.org:

What can I do if I think my phone is tapped?

"If you think your phone line is wiretapped, call your local phone company. Most phone companies will inspect your lines for wiretap devices free of charge. If a tap is found, the phone company will check to see if it is authorized." ... and:

"If you discover that someone has intentionally intercepted your private phone conversations, you may be able to take legal action. If you or the phone company find an illegal tap, you should notify local law enforcement officials. In addition, you may want to consult an attorney".

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Sueing company for negligence

by Pat Bouie
(Orlando, Fl)

What forms or documents do i need to sue a company for negligence resulting in bodily injury to me?

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Negligence causing personal injury
by: FALDP Staff

Dear Pat Bouie,

Your best bet is to seek legal counsel. Most personal injury attorneys will accept cases on contingency. "Contingency" means that you will not have to pay the attorney out of pocket in advance, and the attorney will be paid from the damage award. If you are having trouble finding an attorney to accept your case, you might want to contact the Florida Bar for a referral. Or, if no one wants to accept your case, you might want to consider that your case is too difficult to pursue, or not cost effective to pursue.

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Medical Damages

by Terry
(florida)

I'm suing a major pharmaceutical company for medical damages.The federal government will be my best witness. Can a legal document preparer help me file documents?

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Personal Injury
by: Lorna

Terry,
Yes, a legal document preparer can help you prepare and help you file documents to sue a major pharmaceutical company. However, I can't imagine why you would want to do that. First, as a pro se litigant you are immediately at a huge disadvantage against a major pharmaceutical company who can afford to employ a staff of attorneys. Pharmaceuticals are big business, and they are sued frequently. Also, since I'm guessing your law suit is based on personal injury, why don't you hire a personal injury attorney? They will generally work on a contingency basis, and you pay no out of pocket at all. The idea is that hiring an attorney will bring you a much higher award that will more than offset the 30-40% he will receive in fees.

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my partner on our patent we have together has abandoned himself altogether


(florida)

Can I get full ownership of patent? What court must I take him to? Can I go pro se in federal court?

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Patents Situation
by: Waterford Lakes Notary Charles 407.722.0800

Patents are a very sensitive area, your best bet is to contact an attorney to help you with your case. (See the name & tel. no of attorney below)

I would recommend you invest at least in an initial consultation with a patent law attorney. Many lawyers may give you short consult by phone or answer some basic questions for free. They may also provide extended telephone consults and they may charge a fee. Keep in mind that "everybody's time is money."

I have not seen any Florida Supreme Court approved self-help legal forms related to patents at the FL courts websites.

I have seen seen some "self-help" forms and information at the US Federal District Courts websites for "Pro Se" litigants.

Also the US Patent and Trademark Office has a great website : http://www.uspto.gov/

Atty. Angel Caro 787-761-0494, practices patent and trademarks in the federal courts.

Best regards, and much success with your patent situation.

Charles Figueroa,
Spanish Documents Translations &
Orlando Notary Public
Tel. 407-722-0800

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answering appellate case

by fred
(ft myers fl)

Is there a form to answer an appellate case?

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Answer to Appellate Case
by: FALDP Staff

Dear Fred,
We are not attorneys and do not provide legal advice. Please search the following site:

http://www.floridasupremecourt.org/index.html

As far as we know there is no specific form for an answer in an appellate case. There is, however, more than likely a specific format. The formatting instructions should be within the court rules. Formatting is the way the document appears on the page, width of margin, whether it is double spaced, whether the pages are numbered, etc.

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Can I represent myself as a medical expert

by blondell

Being a Pro se can I produce the evidence as a medical expert for myself?

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Pro Se Medical Expert
by: Lorna

Dear Blondell,
It depends. It appears that you need to be certified as a Florida medical expert in order to be an expert witness. This is a new question for this site. We welcome anyone who has more information or a better answer to post. A bill that passed in 2011 required out of state physicians to be certified as Florida medical experts before they would be allowed to testify:

Clincaladvisor.com reports that two new bills addressing malpractice reform issues have been passed by the Florida legislature.


Among the new provisions contained in HB 479 is the requirement that physicians (MDs or DOs) and dentists licensed in another state must obtain an expert witness certificate before providing expert testimony in Florida, and that experts witnesses (whether licensed in the state or those with an expert witness certificate) may be disciplined by the Boards of Medicine, Osteopathic Medicine, and Dentistry if they provide deceptive or fraudulent testimony.

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medical malpractice expert needed for pro se

by Tammy
(Polk County, Florida)

I am trying to bring suit against a doctor for medical malpractice. I am having a hard time in getting a medical expert to even talk to me because I am not an attorney. I HAVE to have a medical expert to pursue this case to file in court. Where can I go to get a medical expert to help me? I know I have a good case because in dealing with his insurance company, they want to settle with me out of court, but the doctor won't sign the consent to settle, so their hands are tied, as well as mine. Please help! Thanks!

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A company owes me over $16,000 in overtime. How can I file to get the payment

by Bonnie
(Pompano Beach)

I want to file my own civil lawsuit against a company irecently was terminated from. They owe mo over $16,000 in overtime but they want me to sign an agreement I am not comfortable signing. Please let me know how I can file a lawsuit as pro se.

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Why would you want to?
by: Robert Webb

Yes, the pro se offers you the right to represent
yourself in a court of law.
However, some times, it is foolish to try to
climb a mountain you don't have to climb.
Your case is perfect for an attorney, and
although he may get a percentage of the settlement, the attorney can probably find a reason to sue for much more than $16,000.
Based on the information you've given us, I can
imagine your attorney seeking $30,000 minimum and after he takes his 1/3, you still would be receiving more than your loss.
I work in the pro se business, but you have to
realize that attorneys can sometimes earn their
percentages. If you go pro se, in this case, the
attorneys for your former employer will probably
eat you alive with paperwork, that you may find
difficult or impossible to know what to do.
Their attorneys know that, and they wouldn't
even attempt it when a competent attorney represents you.
I don't believe that our organization, FALDP,
would want you to lose your case and your money
because of your failure to use an attorney in this
type of case.

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sue county

by William
(port st lucie Florida)

I am a business owner. A county code enforcer said I have no right to seal a brick paver driveway. I established in a hearing that there is no municipal code ow law that says that I can't. They agreed, but still are making me pay a fine. What should I do? And more importantly how should I do it?

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Driveway sealing and fine
by: FALDP Staff

So, what is the fine for if they said that you didn't do anything wrong? Does the county think that the sealant is toxic waste? They must have some basis to enforce a fine. We asked a home inspector/ builder before replying to your question.

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Defamation in south Florida

by Elena perez
(Ft lauderdale Florida Broward)

I want to file a defamation action in Broward county and I need forms and petition sample etc

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Defamation
by: FALDP Staff

Elena,
To our knowledge there are no specific forms for pro se litigants to use to file a defamation case. Defamation is a tort- a personal injury. If you're intent on proceeding pro se, we suggest that you find examples of this type of case and create your own complaint based on a similar case. Although there are not exact forms, there are certain things that you must include in your complaint to pursue it. First, are the jurisdictional allegations. These are basically the reasons that you are pursuing your case in a specific forum - circuit, county, or small claims. Jurisdictional allegations include not only the dollar range that you're seeking, but also where the defamation took place.

After that you will decipher the elements of defamation and apply them to your facts.

Under Florida law, the elements of a defamation claim are:

1. The defendant published a false statement;
about the plaintiff;
2. To a third party; and
3. The falsity of the statement caused injury to the plaintiff.

Digital Media Law:

http://www.dmlp.org/legal-guide/florida-defamation-law


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Information for filing a civil rights complaint under 42 United States Code Section 1983 and 1985

by Jose
(Miami, Florida)

Do you know where to obtain a "guide" or "packet" with instructions on filing a lawsuit as a pro se litigant in Miami, Florida? Filing Fees?
Thanks!

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Civil Rights
by: Judy Law

Dear Jose,

You can download a free Jailhouse Lawyer's Manual - http://www3.law.columbia.edu/hrlr/jlm/ or you can order one from their site.

This type of action is usually used by inmates to secure their rights. The phrase you may have heard is: "violation of civil and constitutional rights under color of law or authority". And it is commonly referred to as a Chapter 1983 action.

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civil suit against law enforcement for invasion of privacy

by Rene
(Panama City, Fl)

Where do I begin? I understand the law and have interpreted it to my best knowledge. However, I am unable to afford legal representation, although I have been informed that I have a valid case. I would like to know where to start and what do I file first?

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Invasion of Privacy
by: Michael Wappler Florida Nonlawyers, Inc.

You have a battle inasmuch as law enforcement is involved, they will launch experienced attorneys against you claiming immunity among other affirmative defenses. You can go to federal court and file a pro se complaint pursuant to Title 42 USC Section 1983 alleging federal violations and include a state claim for a violation of Florida law (a pendent or ancillary claim) or bring your case strictly in Florida. You can seek damages for the violation of the constitution, Florida statute and common law claims, compensatory and punitive damages may be allowed.

Although there is no explicit right to privacy in the federal Constitution,the Supreme Court has found a limited, implicit right to privacy in that document. However, it was not until the United States Supreme Court’s 1965 decision in Griswold v. Connecticut,381 U.S. 479 (1965),that the Court used a substantive due process approach to read an implicit right of privacy into the Constitution to protect a fundamental right.

There are four types of privacy at issue in tort litigation, separate and apart from the type of privacy at issue under the federal or Florida constitutions: (1)appropriation;(2) intrusion; (3) public disclosure of private facts; and (4) false light in the public eye.

"Florida recognizes the right to sue in tort for the civil wrong of invasion of privacy. In the relatively infamous case of Cason v.Baskin,131 which involved Marjorie Kinnan Rawlings’ book Cross Creek, the Florida Supreme Court held that an action for invasion of the right of privacy was cognizable in Florida. The court, however,
emphasized that the right of privacy is limited:
[T]he right of privacy has its limitations. Society also has its rights. The right of the general public to the dissemination of news
and information must be protected and conserved. Freedom of speech and of the press must be protected. Section 13 of our Declaration
of Rights reads in part as follows: “Every person may fully speak and write his sentiments on all subjects being responsible for the abuse of that right, and no laws shall be passed to restrain
or abridge the liberty of speech, or of the press.” Source: THE RIGHT OF PRIVACY IN FLORIDA IN THE AGE OF TECHNOLOGY AND THE TWENTY-FIRST
CENTURY: A NEED FOR PROTECTION FROM PRIVATE AND COMMERCIAL INTRUSION THE HONORABLE BEN F. OVERTON* AND KATHERINE E. GIDDINGS Please copy and paste this link to the PDF file:

http://www.law.fsu.edu/journals/lawreview/downloads/251/overton.pdf

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Removing a No Trespass Warning - General Civil

What are the steps required to have a no trespass warning removed to permit access to a public office to view public records? Can I do this pro se?

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Government in the Sunshine
by: Staff FALDP

Florida law specifically prohibits backroom politics. Please visit Attorney General, Pam Bondi's site to learn more about your rights. Posted on her site is the following:


In Florida, transparency is not up to the whim or grace of public officials. Instead, it is an enforceable right.

Attorney General Pam Bondi



and:


"Florida is proud to lead the nation in providing public access to government meetings and records. This website is designed to help government agencies, the media and private citizens understand Florida’s Open Government and Public Records laws.


Government must be accountable to the people. The Florida Constitution, which sets forth our rights as citizens of this great state, provides that the public has the right to know how government officials spend taxpayer dollars and make the decisions affecting their lives. The principle of open government is one that must guide everything done in government for its public."


and:


"The Attorney General’s Mediation Program assists in resolving public access disputes. For additional information on Open Government and public records, please call 850-245-0140."


http://www.myflsunshine.com/


No Trespass Warning - more info
by: Anonymous

Thank You for your comments above.

I am the one given the warning by a public official that is evading questions and public records requests.
He works for an economic development Board.

I have written letters to the two Chair persons and asked the trespass be reviewed by the Board. They refuse to consider the request (stacked board and subject of ten ethics investigations).

The charge is baseless --- "disturbance" with no specifics --- Asking questions like "can I see the list of public asset computer equipment bought with public money by a $7.25 million grant recipient."

I was told I might try to get this heard by the local County Court on a pro se filing. Otherwise, I must file through federal court using civil rights law as you cited.

Is this an appropriate pro se case in Florida courts?
Thank you,


Illegall Trespass Warning
by: Mike Wappler Legal Eagles

You may consider filing a Civil Rights action pursuant to Title 42 USC Section 1983 stating that the Trespass Warning is violating your federally secured civil rights under the U.S. Constitution, 1st, 5th, 8t and or 14th Amendments, thank you. Legal Eagles, 321 458 1814

Owner, Dakota's Document Preparation & Consulting Services
by: Gigi King

trespass n. entering another person's property without permission of the owner or his/her agent and without lawful authority (like that given to a health inspector) and causing any damage, no matter how slight. Any interference with the owner's (or a legal tenant's) use of the property is a sufficient showing of damage and is a civil wrong (tort) sufficient to form the basis for a lawsuit against the trespasser by the owner or a tenant using the property. Trespass includes erecting a fence on another's property or a roof which overhangs a neighbor's property, swinging the boom of a crane with loads of building materials over another's property, or dumping debris on another's real estate. In addition to damages, a court may grant an injunction prohibiting any further continuing, repeated or permanent trespass. Copyright © 1981-2005 by Gerald N. Hill and Kathleen T. Hill, http://legal-dictionary.thefreedictionary.com/Criminal+Trespass

Yes you can! Violating a trespass warning may result in your arrest, and you may be charged with criminal trespass. Criminal trespass is a misdemeanor in most jurisdictions and may be punishable by a fine and jail. To lift a trespass warning, you will need cooperation from the local police department and the property owner who issued the trespass warning.

1. Contact the property owner or lease holder. If it is a business or government agency, contact the manager or security department.
2. Make a written request for the trespass warning to be lifted. Explain the circumstances that led to the trespass. Explain why you should be allowed back on to the property.
3. Create a document that state you have permission to be on the property and states the old trespass warning is revoked. Put your full name, physical description and date of birth on the document. Include the name of the property owner and address of the property.
4. Deliver two copies of the document to the property owner by personal service. Give one copy to the property owner to keep. Request the property owner and delivery person sign the second copy and keep that copy for your records.
5. File your written permission with the police agencies that have jurisdiction for the property. Some police agencies, have forms you must fill out.

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Monies promised and owed - General Civil

by Carolyn
(Vero Beach FL)

Monie owed from promise of monthly payments for 2 years. Balances outstanding from first year and no payments received going into 2nd year. Dec. 1 will be third payment. Payments are in amount of $1000 per month. Have promise in email.

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Complaint to Enforce a Debt
by: Staff, FALDP

Dear Carolyn,

The total amount you are owed dictates which court has jurisdiction. For example, in Florida the statutory limit for small claims cases is $5000. When you sue for an amount above $5000. the proper jurisdiction is County or Circuit court. If you were owed $1000. a month for the past two years you must be owed more than $24,000.

To initiate a court case to collect a debt the first step is to file a Complaint and Summons and have the other party served by civil process. You don't say where the other party is located. If the other party is in another country or state, your case becomes more difficult.

Florida Statute 559 governs debt collection practices; and there are federal laws that must also be followed. An attorney or a collection agency may be your best avenue in collecting your money.

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help - General Civil

by steven
(springfield mo)

If someone sued a wrong party say a local gov entity that had been overtaken by fed gov---but they let go ahead in fed ct for a year because they did not want state ag coming in ---what cases can be used to say fraud?



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We need more information
by: FALDP, Staff

Dear Steven,
More information is needed about your situation for anyone to begin to give you an answer. As you know, we aren't attorneys and do not provide legal advice. However, sometimes a case can be dismissed for lack of prosecution if there has been no activity on the case in the past year. My best advice is to speak with an attorney. Many attorneys offer free consultations. We are primarily a Florida site.

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