stewart-riley-20260130180635

Law Firm Wins Reversal for Client in Commercial Lease Case

Mon, 25 Nov 2019 15:47:56 GMT

Attorney Brendan R. Riley won a victory for a commercial client this week, when the Circuit Appellate Court reversed a decision of the County Court, and sent an eviction and final judgment back to the lower court for retrial. The opinion can be found here. The Case When an auto mechanic approached Mr. Riley for help with an eviction, it seemed like a doubtful case. There was both a residential and a commercial lease involved, and time was running out to file an answer on the case. Mr. Riley reviewed the documents, and his firm spotted a possible weakness in the plaintiff's case. Residential leases and commercial leases are governed by two separate sections of Chapter 83 of the Florida State Statutes, and although they are similar, the sections differ in one critical section. The residential section, 83.60(2), requires deposit of rent into the court registry before the hearing to determine rent. The commercial section, 83.232(1), does not. The plaintiff requested relief based upon applying the residential chapter and section to both leases; and the lower court agreed. A Writ of Possession was issued on both properties. The Appeal Mr. Riley appealed the case based on this improper application of the statute. In an appeal, the district court of appeal (or any court sitting in an appellate capacity) can only review the court record, and the lower court judge's written order. In civil proceedings (unlike criminal where there is always at least an audible recording that can later be transcribed) transcripts are only made if the parties hire their own court reporter, so there was no transcript for the appellate court to review in this case. The appellate court agreed with Mr. Riley's position that the lower court judge should not have accepted the plaintiff's argument applying section 83.60(2) to both the commercial and residential leases. The appellate court also agreed that because no order had been made determining the amount of rent due, when the Appellant had moved for a hearing, that this needed to be done as well. The appellate court determined this was a harmful error. A harmful error is one which resulted in a miscarriage of justice and must be reversed. To correct this error, the default and final judgment for the commercial property, and the order issuing the Writ of Possession on the commercial property, were reversed, and that portion of the case remanded to the lower court for rehearing. The appellate court considered the same facts for the residential property, and found the error to be harmless. This is an error which, although a misapplication of law, does not rise to the same level of harm to the defendant. Since the correct section of the Statutes were applied to the residential property, the appellate court did not feel there had been harmful error, and the judgment and Writ were allowed to stand. The Outcome Most cases never go to appeal. To determine if a case rises to the level of harmful error, an appellate court must presume the lower court's rulings are correct, and the burden is on the Appellant (the one who brings the appeal) to show how the ruling was incorrect and why it should be reversed. It does not take a big law firm with fancy degrees and prestigious names to win appeals. Persistence, careful review, and knowledge of the law are what is needed to determine if an appeal is needed, and if it is, how it should be done. Stewart & Riley has the persistence, the knowledge, and the review and research skills to take an appeal all the way. If you may have a commercial or residential landlord tenant matter in which you need legal assistance or an appeal of some kind (provided you come to us timely so that a notice of appeal can be timely filed), do not hesitate to contact us a 727-312-3748 or BRR@BetterCallBrendan.com.

How Long Does it Take?

Guardianships, Dependency, Special Needs - the Other Sides of Family Law

Fri, 25 Oct 2019 15:46:45 GMT

There is a much smaller segment of Family Law, and one often overlooked until it’s desperately needed by the people involved; and then it might be too late to educate yourself. You just have to find an attorney and hope he or she (or their firm) is the right one for the job. But a little knowledge, in this case, can be a good thing, not a dangerous thing. This quick outline is not meant to give more than a little bit of knowledge, but it will be followed later by more detailed information. Guardianships, sometimes called adjudication, are intended to remove the freedom of choice from an individual who is not able to safely decide for himself or herself, and give it to someone (the “guardian”) who is deemed to be able to decide for them. A guardianship is not a power of attorney, which simply gives another person the right to make legal decisions for someone who is unable to make certain legal decisions for a specific period of time. A guardianship removes all decision-making ability from someone, usually permanently, and only after it has been determined that person cannot care for themselves. Guardianships are generally given in courts because of a person’s mental instability or physical disability; or if a child has no parents, but an adult wishes to be legally responsible for him or her. Dependency is the unfortunate situation that arises when a child must be removed from the parents and placed in the care of the state. The reasons for this are varied and never good; and the outcomes are rarely happy for anyone involved, including the courts. Legal action becomes an issue when for whatever reason the child must be removed from both parents and there are no close relatives with whom the child can immediately be placed. More issues can develop when relatives and parents begin haranguing the court and Child Protective Services (DFS, DCFS, etc.) demanding action. Dependency is a delicate, complex process, akin to juggling ferrets while riding a unicycle downhill through flaming razor blades, and needs a deft touch to negotiate. Special needs and all that it entails (IEPs, accommodations) may not be immediately thought of as Family Law, but it should be. Schools use parents’ ignorance of the law to ignore, deny, or disregard IDEA and 504 regulations, when they should not; and disability lawyers are often swamped with post-accident claims, veteran’s claims, and all the other slings and arrows man is heir to. Special needs and special education law is a unique niche that rests between family law and education law, and should be tucked away in any parent’s mind before a child begins having trouble in school. Hopefully, no family will ever have troubles that require thinking of these family law nooks and crannies. But by having them in mind ahead of time, the wise family will not be caught off guard if an issue arises requiring a specialized law firm with specialized knowledge to navigate these mysterious waters.

How Long Does it Take?

Perplexing Parenting - What Happens When Issues Arise?

Thu, 24 Oct 2019 15:45:44 GMT

Sometimes, parenting plans have to be designed for problems that seem impossible. Maybe one parent gets a job 500 miles away. Maybe one parent is incarcerated or abusive. Maybe things have changed in the household and now the former parenting plan just won’t work out. Even the most intractable of problems can be resolved by various parenting plan/timesharing templates already devised by the Florida courts. These can be refined by the parties, but the outlines already exist. All that remains is for the parties and their attorneys to determine what issues exist, and what format best serves the needs of the children and the living arrangements of the parents. Long-Distance Timesharing. Florida courts have a strong preference for 50/50 timesharing or something close whenever possible; but if one party lives more than 50 miles away (or outside a reasonable commute), or outside the state, then a long-distance plan is the only option. In a long-distance plan, the child or children will live during the school year with one parent, and then spend summers, and generally winter holidays, with the other parent. FaceTime, Skype, and phone calls are required. Supervised or Restricted Timesharing. In cases where there are allegations of abuse, criminal behaviour, or other issues which would negatively impact the child, one party may request supervised timesharing. Supervised timesharing may be carried out at a supervisory facility, or under the monitoring of an approved individual. Restricted timesharing may involve visitation being done at specific locations, or under certain conditions (such as only during the day, or not at the parent’s home). Courts generally want a specific result from supervised or restricted timesharing, and will not order it unless there are clear and convincing grounds for such restrictions. Rehabilitative Timesharing. Also called therapeutic or restorative timesharing, this type of visitation is ordered when a parent has become estranged from a child or has been absent from the child’s life for some reason, such as incarceration, illness, or foster placement. The court will order the estranged parent to be reunited with the child under conditions similar to supervised visitation, but usually with a therapist or counsellor to facilitate reunification. The goal of all of these types of modified timesharing is to bring and keep the child or children in contact with the parent in the least restrictive environment possible, while keeping all parties as safe and secure as reasonably feasible. As much as possible, the final goal is for the child to be able to live with both parents equally, without interference from the courts, and without oversight from any agency. The goal of an interested attorney in these proceedings is to smooth the path of the parent client and to keep their interaction with the court and the other party to a minimum, and to minimize the friction that seems to result when parents collide in court. Parents should consider hiring a competent pilot to steer their ship through the waters of court and avoid any icebergs in advance.

How Long Does it Take?

The Simplified Divorce: Do We Really Need a Lawyer?

Wed, 23 Oct 2019 15:43:46 GMT

When parties have no property, no children, and are in agreement about dividing up their debts and assets before they go to court, the question arises: Why do they need an attorney? After all, they aren’t arguing about anything, there isn’t any house or bank account, she doesn’t want alimony and the kids are grown or there never were any...why pay extra for someone to find problems that aren’t there? Well, there are a few good reasons to have a lawyer look things over in even the most simple and amicable divorce, no matter how little you think you have to split up. Here are a few things you may have overlooked, or even been unaware you needed to have.

Service or waiver of service. Even in a divorce where both parties agree to everything, one person has to be the “petitioner” and one has to be the “respondent”, and the respondent still has to be served with process; or else file a waiver of service. The dissolution packet you get from the clerk’s office or online comes with a Waiver of Service document; but it has to be filled out, signed, and notarized. Improper service is one of the easiest ways to challenge a Final Judgment later, if someone changes their mind. Avoid it by having a law-talkin’ person look over your paperwork.

Financial affidavits. In a Simplified Dissolution there is a way to waive financial affidavits; but some jurisdictions want one anyway. If you fill out the wrong petition, you will have to file a financial affidavit, and can be penalized for failing to do so. At a minimum, you will delay your final judgment while you file an affidavit you might not have had to file. Have an attorney make sure you didn’t need to do it.

Florida courts require mediation in all dissolutions, and there is nothing anyone can do about it. You will need to have completed mediation before your final hearing can be set at an absolute minimum. Even if you never had an attorney at any other time in your divorce, it is a good idea to have one at or nearby for the mediation, because the mediation agreement is used as the template for your marital settlement agreement. Things people didn’t intend to say often get incorporated by accident into settlement agreements, and then have to be removed later with much heartache.

Finally, if at any time during the process your soon-to-be-former significant other acquires legal counsel for any reason, you should seriously think about getting one. Even if it is for something besides your divorce, the unrepresented party is always at a disadvantage to the represented party. No matter how amicable or simple your dissolution may be, always remember: satisfaction is cheap, regret lasts a lifetime.

How Long Does it Take?

How is Child Support Determined, and What Can I Do About It?

Mon, 23 Sep 2019 15:42:22 GMT

Nothing causes more arguments among divorcing parents than the specter of child support. And no question annoys attorneys and child advocates more than parents who say "I want to do the right thing by my child…BUT…"

Child support has collected a number of myths and misconceptions among angry fathers and irate mothers anxious to prevent their estranged spouse from getting more money than they "deserve." Many Internet legal "experts" have weighed in on the topic, but there are some basic truths about child support that parents should be aware of, and at least accept.

Everyone pays child support. Support is calculated upon many factors, including time spent with the children, income, expenses, and the needs of the children. Both parents are expected to contribute equally. The payments may offset, based upon time spent with the children; but both parents will be paying.

You can never modify your child support. Actually, child support can be modified upon a showing of "substantial and significant changes" in circumstances. Judges will not grant a modification merely because a parent lost a job or bought a new car; but a modification may be granted if a parent becomes disabled or if a child needs special education.

Child support can only be spent on children! The purpose of child support payments is to provide the children with a comfortable life and lifestyle. This may or may not mean the payments are spent directly on food or clothing or school supplies. All attorneys have stories of furious fathers and angry mothers who storm into their offices waving Facebook pictures and shouting about how their former spouses are buying vacations and new cars with "their" money. However, child support is meant to support the children. If the mother needs a new car because her old car broke down; if father thinks the kids would benefit by a trip to the Grand Canyon, these are legitimate expenses.

Nobody can "waive" child support. Although some states allow parties to agree to waive child support, Florida is not one of them. Parties can request a departure from guidelines, and ask the judge permission to pay less or more than they would be paying; but it is still the judge's discretion. Parents cannot decide between themselves to not pay child support.

The intent behind child support is, obviously, to support the child. Two people created a third person, and are responsible for its well-being and upbringing for 18 years. The goal is to prevent a single parent (often the mother) from having to turn to state support to help raise the child, because the other parent (often the father), decided to skip out on responsibility.

Child support is not intended to punish either parent, or to provide a comfy living for a lucky recipient. If it seems that it has been unfairly allocated, then the parents should consult an attorney to see what can be done. A modification can be ordered if it can be shown that the original order was improper or if it is being misspent. Contact a family law attorney for information.

How Long Does it Take?

Alimony in a Divorce – What It is, Who Can Get It

Fri, 13 Sep 2019 15:41:13 GMT

One of the hotly argued topics in a divorce is alimony. Who is entitled to alimony? Who has to pay it? How long is alimony paid? Does alimony always have to be paid? And what if the wife makes more than the husband? Who makes the decisions and how do they decide?

In times long past, like thirty or forty years ago, alimony was paid almost exclusively by the husband to the wife, because the husband was likely to have an income and the wife was not. Today, both parties most likely have incomes, or the ability to work; or at least there is no presumption that the wife is not working. Indeed, the wife may have a better job than her husband.

So the courts look to numerous factors in determining if alimony should be awarded, and to which party, when a marriage is dissolved. Florida State Statute section 61.08(2) lists a plethora of factors the court must consider, which can include, but are not limited to:

(a) The standard of living established during the marriage.

(b) The duration of the marriage. This is critical, because for purposes of determining alimony, there is a rebuttable presumption that a short-term marriage is a marriage having a duration of less than 7 years, a moderate-term marriage is a marriage having a duration of greater than 7 years but less than 17 years, and long-term marriage is a marriage having a duration of 17 years or greater.

(d) The financial resources of each party, including the nonmarital and the marital assets and liabilities distributed to each.

(e) The earning capacities, educational levels, vocational skills, and employability of the parties and, when applicable, the time necessary for either party to acquire sufficient education or training to enable such party to find appropriate employment.

(f) The contribution of each party to the marriage, including, but not limited to, services rendered in homemaking, child care, education, and career building of the other party.

(g) The responsibilities each party will have with regard to any minor children they have in common.

(h) The tax treatment and consequences to both parties of any alimony award, including the designation of all or a portion of the payment as a nontaxable, nondeductible payment.

(i) All sources of income available to either party.

It is important to consider whether each party is able to work, able to earn a living, able to improve their standard of living; and whether one or the other party has been out of the workforce for an extended period of time during the marriage. Formerly, when women were the primary homemakers, a divorce meant they entered the workforce with no training and no skills. Today, a spouse may still enter the workforce at a disadvantage, having been home for five or six years with children.

To alleviate this, there are several types of alimony beyond permanent alimony which can be granted. Permanent alimony is typically only awarded to spouses in long-term marriages when the factors listed above indicate that the spouse will need support for the rest of his or her life, or until remarriage. This type of alimony is becoming rarer.

Durational alimony is awarded when a lengthy term of alimony is needed—many years of alimony—but permanent alimony is not appropriate. Durational alimony cannot last longer than the length of the marriage.

Rehabilitative alimony is intended to assist the spouse receiving it while they develop or reacquire skills needed for self-support. For instance, if the wife had been a teacher, but her teaching credential had lapsed, rehabilitative alimony would allow her to take any refresher classes and test for her credential.

“Bridge-the-gap” alimony cannot last for more than two years. Intended for short-term marriages, it is meant to assist a party in the transition from being married to being single.

Whether or not you want or need alimony, or whether or not you want to pay it, is a complex question. Your family law attorney can help you make your way through the factors and determine what you have, what you need, and who has to make the payments.

How Long Does it Take?

Marital Property – What It is, Who Wants It, Who Gets It.

Thu, 22 Aug 2019 15:40:49 GMT

Everyone knows that when a couple gets divorced, the first thing that happens is they divide up the property. But what is that? What qualifies as “marital property” and what doesn’t? How is it divided fairly? And what happens if one party wants something, and the other one doesn’t want to give it up?

How Long Does it Take?

Equitable Division Isn’t Always Fair

Marital property is any and all property acquired during the marriage; but it can also be property earned or made during the course of the marriage from a separate business that benefits the marriage. (Florida State Statute section 61.075(6)(a). So obviously, buying a house together is marital property; and working separate jobs to pay off the house is marital property; but if the husband has a landscaping business that he ran before the marriage, and it makes even more money during the marriage that he uses to improve the house—that’s marital property too. Maybe. She is entitled to some of what he earned, because she supported him during his money-earning venture. So a spouse can end up paying off the other spouse for his or her own work. This is why rich people get prenups.

Some types of property are exempt from division, even if acquired during the marriage. A gift from one person to another person, unless specifically given to both spouses, is presumed to be given only to the one it was given to.( Wright v. Wright, 505 So. 2d 699 (Fla. 5th DCA 1987) A birthday present given to Mary is by Aunt Mabel is Mary’s, no matter what it is. Gifts to and from the other spouse, which become points of tremendous conflict during divorces, are also presumed to be given to that spouse, and not to the “community”. In the same way, an inheritance (a “bequest” or “devise”) goes only to the person to whom it was given. If John inherits a billion-dollar oil field from his mysterious uncle in Dubai, Mary doesn’t get a drop when they divorce. (Florida State Statute section 61.075(6)(b)

Settlements and judgments are an unusual animal. They can be part of the marital property; but if they involve only one person, they may not be. A personal injury settlement belongs only to the person injured. A settlement that predates the marriage, that was not paid until after the marriage, probably belongs to the spouse.

Gifts, Inheritances, Buried Treasure

It’s Mine, Mine, Mine, Do You Hear?!

What if, like Daffy Duck, a spouse wants to keep something to herself, that most definitely belongs to the marital property? This happens often, and is easily remedied—if the other spouse doesn’t mind cooperating. (That doesn’t always happen)

Since Florida is an equitable property state, the only requirement is that everyone come out mostly even at the end. If the split is essentially equivalent, it need not necessarily be equal. So if Mary is refusing to give up the antique pool table she and John refinished, John can be given an equivalent value of antique goods from the house, or Mary can pay him the value of the pool table. If both of them must have the pool table, of course, then a judge will have to decide. (Gilliard v. Gilliard, 162 So. 3d 1147 (Fla. 5th DCA 2015). Normally, personal property is considered “de minimis,” or too small in value to count in division of property, but if it does have value, it becomes part of the property that must be equitably divided.

What You Can Do With Your Stuff

The best thing, of course, is never to get divorced; but this not always an option. Next best is to have reasoned, mature discussions about what things belong to whom, long before it becomes necessary to see the divorce lawyer. Sadly, that’s not always possible either.

Finally, the sensible thing to do is see an attorney who can help both of you come to a reasonable division of your marital property. A good family law attorney will work with you and your spouse, and your spouse’s attorney, to make sure both of you receive your fair share of one half of a lifetime.

Use of Corporate Representative Deposition (Duces Tecum) and Mediation in Foreclosure Cases

Thu, 15 Aug 2019 15:40:30 GMT

It is extremely important that you notice your foreclosure plaintiff for a corporate representative’s deposition after having embarked upon and completed written discovery. You will want the corporate representative with the most knowledge as to several thing including the following:

Knowledge of the facts asserted in the Pleadings.
Knowledge of the facts asserted in any affidavit submitted by Plaintiff or Plaintiff’s agent(s).
Knowledge of facts supporting Plaintiff’s modification of the subject note and how it supplemented and amended the subject note.
Knowledge of the authenticity of any notes, allonges and assignments on which Plaintiff relies.
Knowledge of the authenticity of the payment history.
Knowledge of the performance of any conditions precedent, particularly under Paragraph (acceleration paragraph number) of the subject mortgage.
Knowledge of any claim or acquisition of benefits from a private mortgage insurance policy that paid as a result of a default on the subject loan, whether in part or in full of the subject loan.
Knowledge of the default date as April of 2011 when Defendant stopped making payments before that date.
Any and all “bailee letters” in the Plaintiff’s possession, custody or control.
Any knowledge as to recording the subject note, mortgage or modification of the subject note.

How Long Does it Take?

The deponent shall bring to this deposition, copies of documents as set forth below:

Any and all documents electronic or otherwise in the possession, custody or control of Plaintiff, its agents or affiliates which include the Trust (or Trustee Plaintiff), including but not limited to the performance of conditions precedent pursuant to Paragraph 22 of the mortgage.
Any and all documents electronic or otherwise in the possession, custody or control of Plaintiff, its agents or affiliates which indicate the acquisition, transfer and storage of the subject Note.
Any and all documents electronic or otherwise in the possession, custody or control of Plaintiff, its agents or affiliates which relate in any way to default insurance.
Any and all documents that Plaintiff sent to the Defendants that would notify or that would purport to be a notice of collecting a monetary debt against the Defendants.
Copy of entire text of notes from any telephone conversations with Defendants or their authorized representatives.
Copy of any audio recordings of telephone calls between Plaintiff or its agent(s) and Defendants or their representatives.
Copy of any photo of when Plaintiff or its agent alleges and charges for a inspection of the subject property.
Copy of any agreement(s) between Plaintiff and Defendants that the collateral would be voluntarily surrendered in full satisfaction of the debt.
Copy of any power of attorney between Plaintiff and its servicer(s) that has or is servicing the subject loan.
Copy of any document that shows each servicer that serviced the subject loan and during what periods each entity serviced the subject loan.
Copy of any video or audio recordings from when the collateral was recovered from Defendants voluntarily.
Plaintiff’s process of mailing letters, particularly of the subject letter of its intent to accelerate the debt that Plaintiff intends to rely on in its case in chief.

Foreclosure Mediation

Oftentimes, a deposition can turn into a mediation of sorts, as you may very well have a qualified witness who has authority and will be the witness who would have to attend trial (and may not particularly want to). So this witness may be very helpful to a homeowner’s plight. Chapter 44 of Florida Statutes deals with mediation as an alternative to judicial action or decision making in a civil case, including foreclosure cases.

Mediation still may be necessary if there are loose ends to address at another meeting. Here, you are presenting all your leverage to push forward a favorable resolution, one that is reasonable and common sense. But without discovering your defenses, the bank will not voluntarily become reasonable. You must work your case from all angles and, in the end, be prepared for trial if necessary.

If we can be helpful to you here, particularly in foreclosure cases filed in New Port Richey where our office is located, please call us at 727-312-3748 or email us at BRR@BetterCallBrendan.com. If you are a homeowner with a foreclosure case in a different jurisdiction or county, please do not hesitate to contact us or other counsel for help in your foreclosure case.

Best Interest of the Children Factors

Mon, 12 Aug 2019 15:39:59 GMT

When a New Port Richey or Pasco County Court evaluates timesharing or parenting time between parents and parental responsibility (decision making authority when it comes to health, school, etc.), the Court will consider at least 20 potential factors in making such a decision as outlined in Florida Statute Section 60.13(3) as follows:

(3) For purposes of establishing or modifying parental responsibility and creating, developing, approving, or modifying a parenting plan, including a time-sharing schedule, which governs each parent’s relationship with his or her minor child and the relationship between each parent with regard to his or her minor child, the best interest of the child shall be the primary consideration. A determination of parental responsibility, a parenting plan, or a time-sharing schedule may not be modified without a showing of a substantial, material, and unanticipated change in circumstances and a determination that the modification is in the best interests of the child. Determination of the best interests of the child shall be made by evaluating all of the factors affecting the welfare and interests of the particular minor child and the circumstances of that family, including, but not limited to:

(a) The demonstrated capacity and disposition of each parent to facilitate and encourage a close and continuing parent-child relationship, to honor the time-sharing schedule, and to be reasonable when changes are required.

(b) The anticipated division of parental responsibilities after the litigation, including the extent to which parental responsibilities will be delegated to third parties.

(c) The demonstrated capacity and disposition of each parent to determine, consider, and act upon the needs of the child as opposed to the needs or desires of the parent.

(d) The length of time the child has lived in a stable, satisfactory environment and the desirability of maintaining continuity.

(e) The geographic viability of the parenting plan, with special attention paid to the needs of school-age children and the amount of time to be spent traveling to effectuate the parenting plan. This factor does not create a presumption for or against relocation of either parent with a child.

(f) The moral fitness of the parents.

(g) The mental and physical health of the parents.

(h) The home, school, and community record of the child.

(i) The reasonable preference of the child, if the court deems the child to be of sufficient intelligence, understanding, and experience to express a preference.

(j) The demonstrated knowledge, capacity, and disposition of each parent to be informed of the circumstances of the minor child, including, but not limited to, the child’s friends, teachers, medical care providers, daily activities, and favorite things.

(k) The demonstrated capacity and disposition of each parent to provide a consistent routine for the child, such as discipline, and daily schedules for homework, meals, and bedtime.

(l) The demonstrated capacity of each parent to communicate with and keep the other parent informed of issues and activities regarding the minor child, and the willingness of each parent to adopt a unified front on all major issues when dealing with the child.

(m) Evidence of domestic violence, sexual violence, child abuse, child abandonment, or child neglect, regardless of whether a prior or pending action relating to those issues has been brought. If the court accepts evidence of prior or pending actions regarding domestic violence, sexual violence, child abuse, child abandonment, or child neglect, the court must specifically acknowledge in writing that such evidence was considered when evaluating the best interests of the child.

(n) Evidence that either parent has knowingly provided false information to the court regarding any prior or pending action regarding domestic violence, sexual violence, child abuse, child abandonment, or child neglect.

(o) The particular parenting tasks customarily performed by each parent and the division of parental responsibilities before the institution of litigation and during the pending litigation, including the extent to which parenting responsibilities were undertaken by third parties.

(p) The demonstrated capacity and disposition of each parent to participate and be involved in the child’s school and extracurricular activities.

(q) The demonstrated capacity and disposition of each parent to maintain an environment for the child which is free from substance abuse.

(r) The capacity and disposition of each parent to protect the child from the ongoing litigation as demonstrated by not discussing the litigation with the child, not sharing documents or electronic media related to the litigation with the child, and refraining from disparaging comments about the other parent to the child.

(s) The developmental stages and needs of the child and the demonstrated capacity and disposition of each parent to meet the child’s developmental needs.

(t) Any other factor that is relevant to the determination of a specific parenting plan, including the time-sharing schedule.

Not every factor will be considered in every case, and there are factors that are not listed here that can be considered under 60.13(3)(t), a catch all factor of sorts. If you have questions, would like a consultation from a New Port Richey Family Law attorney, please do not hesitate to contact Stewart & Riley at 727-312-3748 or BRR@BetterCallBrendan.com.

How Long Does it Take?

The Best Interests of the Children—what to Do in a Timeshare Case

Mon, 05 Aug 2019 15:39:18 GMT

Divorce is not pleasant for anyone. There is marital property to divide, houses to sell or split, and visitation with children to arrange. If the husband and wife are angry with one another, as people going through a divorce often are, the urge to take out their feelings on each other through the court process can become overwhelming. This is a bad idea, because the children will catch the fallout; the attorneys will become frustrated; and worst of all, the judge will become annoyed. Family law judges are very skilled at their jobs, and when there are children involved, they often do not care about your divorce as much as they do about the best interests of the children. To keep things civil, and spare everyone a lot of pain, keep these things in mind:

The children are what matters. The legal phrase is "the best interests of the children." That's all that matters at this point. Houses can be sold, bills can be paid off. But you only get one chance with your kids. So keep that firmly in mind when going into your divorce. Leave your ego and animosity towards your spouse at the door.

" Little pitchers have big ears." Children repeat what they hear. They also say things that will please their parents. So if Daddy says mommy is a bitch, or Mommy says she wishes daddy was dead, not only will the kids bring that home, they will say it back to the parents to get rewards. NEVER disparage the other parent, or allow the child to do so. However,
Don't deny their feelings. If the child is angry at the other parent, or you, as children may well be during the depths of the divorce, they have to be able to express that anger. So if your child says "I hate daddy," the proper response is not "No you don't," it should be "why do you feel that way?"

Keep your new significant other out of it. Children should not be allowed to call your new boyfriend "daddy" or your new girlfriend "mommy". And your new significant other should not be allowed to encourage it. (The term in Florida is "paramour", which is delightfully medieval) Mommy and Daddy's child rearing, homework, discipline, and bedtimes are all in play, not the paramour's. And likewise,
Stay away from their significant other. You should not be driving past your soon-to-be-ex's home to check up on him/her, following the paramour home, watching from across the street while the paramour picks up the kids or goes to the grocery store.

All concerns should be relayed through your attorney. If you have hired an attorney, they might as well earn their retainer. If you believe your soon-to-be-ex is not doing something properly, and communications have broken down between you and that person, then call your lawyer, and have him/her/them call your spouse's attorney. That attorney can pass the message along to your spouse, and save everyone a lot of grief.

When in front of the judge, keep your mouth shut. During a contested divorce, and especially with children, there may be hearings regarding timesharing, visitation, child support and ancillary matters like school districts. Parents have feelings about these things surpassing the most fiercely contested battles over houses and bank accounts. However, this is the time to let your attorney do the talking. Do not succumb to the need to tell the judge about your spouse's poor judgment or unsafe child care practices. Your lawyer will do that.

Remember, the children are what matters. The parenting plan is filed and sometimes heard separately from the divorce case. Family courts prefer a 50-50 timesharing, all other things being equal; but many things may prevent that. The more civil and rational the parties can be with one another, the more likely it is that the judge will award the parties what they want.

Nobody will be happy after a divorce. But the pain to the children can be minimized if the parents remember who the adults are, and behave like grown-ups going through a painful experience, and not like spoiled brats having temper tantrums.

How Long Does it Take?

Business Records and Hearsay

Mon, 29 Jul 2019 15:38:53 GMT

The recent case of Rivera v. The Bank of New York Mellon, 2D17-4417, the Second District Court of Appeal applies its analysis of hearsay and the business records exception in reversing the lower court’s summary judgment in favor of the bank.

The Bank’s affidavit in support of its summary judgment included a printout of a mailing list, purporting to show that the default letter that was required to be sent as a condition precedent to any foreclosure action pursuant to paragraph 15 and 22 of the mortgage. However, the affiant fails to set forth any sworn facts that would show she had any knowledge regarding the company that mailed out Plaintiff’s or Plaintiff’s agent’s default letters.

The Second District Court of appeal is clear that simply placing a document within the business record does not get the document past a hearsay objection “merely because it has been recorded in the regular course of business activity.” The affiant must be familiar with and have knowledge of how the company produces the data.

While this hearsay objection should have been sustained by the trial court and ultimately caused the Second District Court of Appeal in Rivera v. The Bank of New York Mellon to reverse the summary judgment in favor of the bank, its logic is sound and can be used in many different types of cases in which a party is defending a summary judgment motion.

In foreclosure cases, the default or acceleration letter is normally a condition precedent to the filing of the foreclosure action itself. If the bank or its agent representing it in the foreclosure cannot prove that the letter was sent, then the bank cannot prevail at either a summary judgment proceeding or trial.

We look forward to using this case in defending foreclosure cases, other debt related cases and more. We are pleased to be representing Ms. Rivera and in helping homeowners keep their home, even in the after math of Stopa Law Firm’s closing its doors, there is still hope for homeowners in foreclosure, to find modifications and other work out options. At Stewart & Riley, we use mediation as a tool to help our clients. If your previous counsel avoided mediation at all costs, we can show you why that was likely a mistake. If you have any questions, please call 727-312-3748.

From the Rivera opinion, Hearsay information does not become admissible "merely because it has been recorded in the regular course of business." Id. (quoting Van Zant, 372 So. 2d at 503). Although a loan servicer's representative need not "have personal knowledge of the documents being authenticated," the witness "must be familiar with and have knowledge of how the" business produces its data. Id. (quoting Sanchez v. SunTrust Bank, 179 So. 3d 538, 541 (Fla. 4th DCA 2015)).

This is the quintessential lesson when prosecuting or defending summary judgment motions containing business records. This is a legal precedent that, if used correctly, can be used to prevail in cases and, if used incorrectly, used to defend cases.

How Long Does it Take?

Mandatory Disclosure and Johnson V. Davis: Legal Requirements for Selling a House

Wed, 17 Jul 2019 15:38:24 GMT

If you are a buyer or a seller of a home in Florida, there are two legal areas you need to watch out for. One is the so-called "as-is" contract, which is seen whenever the home purchased is not brand-new from a developer or built to spec by the buyer.

The other is the "mandatory disclosure" requirement, a seemingly straightforward concept first defined in the Third District Court of Appeals case Johnson v. Davis. That case held that the seller of a home was responsible for disclosing "material defects not readily apparent" to the buyer of the home, or not readily ascertainable on casual observation.

Since then, buyers, sellers, and courts have been trying to decide what is a material defect, and when it is readily apparent; and how long after the sale the seller is liable for a defect. A cracked pool deck would seem to be an obvious defect; but what if the seller had believed the defect was simply a cosmetic issue and repaired it in good faith? (Slitor v. Elias 544 So. 2d 255 (Fla. 2d DCA 1989) In that case, the court held that if the seller had no reason to believe a defect was a defect, they could not be held liable for failing to disclose it.

In addition, the courts have said that buyers cannot rely upon the seller's representation to their detriment, if those facts are "reasonably ascertainable." Florida home buyers should take special note of Nelson v. Wiggs, 699 So. 2d 258 (Fla. 3d DCA 1997). The appellate court reversed a judgement for buyers who purchased a home near the Everglades and later claimed the seller had failed to warn them the home was in a flood zone. The Third DCA stated, rather bluntly, that the buyer had a duty to discover facts which could be easily discovered, in this case, by looking up the FEMA maps.

The most prudent course for any buyer or seller is to check and check again. Sellers should disclose all flaws and faults with their homes, no matter how minor they may seem. Even the Slitors' crack in the pool deck should have been mentioned, if only as something repaired. Buyers should assume that floods have occurred at their property until proven otherwise, and never take the seller's breezy assurance that they've never had a flood. In Florida, there has always been a flood.

The best course for all property buyers and sellers should be to consult legal professionals before money changes hands, not after. Have your contract reviewed by attorneys, especially if either party made any handwritten changes to the boilerplate document. Title insurance is never money ill-spent. At Stewart & Riley, there are professionals who can assist you in all areas from review of your disclosure documents to the final closing, to ensure that a lawsuit need never spoil your housewarming.

How Long Does it Take?

Anger in Divorce is Toxic

Fri, 12 Jul 2019 15:38:04 GMT

When contemplating divorce, long before the words even come to mind, hurt and anger are likely familiar feelings associated with you and your spouse. It is no surprise that bringing up divorce is likely to cause hurt and anger in both partners. However, there are healthy ways of dealing with these feelings, of expressing them, and there are places in which anger and hurt will cause you more pain and damage mentally, possibly physically, financially, in relationships and the list goes on.

Whenever someone is considering going to court or finds him or herself in court, just like with a divorce, dissolution of marriage proceeding, paternity action or similar court actions, it is often most beneficial to use logic rather than emotion in making decisions. In fact, some say that the parties themselves to a divorce proceeding should treat it as a business decision, not an opportunity to get even or to get one’s pound of flesh. If one or both parties in a divorce are after revenge or the idea that he or she is going to get even with the other, he or she will inevitable lose as much as the other spouse. This may include money, property and the mental health of their children and themselves.

For example, consider going to a mediation and finding out that an insurance settlement check must be signed by both parties as soon as possible to repair the collateral that the bank has a lien on and interest in protecting. There is a hole in the roof and water is pouring in. One spouse, out of anger, rather not release the funds and let the house go into disrepair, potentially foreclosure and ultimate blight just so that the other spouse loses too. This type of anger toward a spouse is clearly toxic. It is toxic to one’s own financial status, the spouse’s financial status, the bank’s financial position with the house, one’s responsibility to the community to upkeep property and so on. If your lawyer is not attempting to redirect your anger, he or she may be more interested in billing you as previously written about here. So, you can imagine that leaving emotions out of mediation, as best as we possibly can, will lay the groundwork for a more productive mediation – which can normally resolve your entire case.

Anger and hurt when not expressed through counseling or other means and left to be the guiding force in a dissolution of marriage can have devastating effects on the angry person, the people around that person, including the courts, the community and loved ones who want their happy friend or family back before the divorce started. At Stewart & Riley, we encourage a reasoned approach to divorce, one that will get you from point A to point B as safely and healthy as possible.

In a dissolution of marriage or divorce proceeding, you may have children, real property or real estate, personal property, debt and other issues that come in all shapes, sizes and degrees or severity. Hire a professional to help you minimize the stress of these complicated issues and who may be able to offer you a flat fee divorce solution like we do here. #BetterCallBrendan

How Long Does it Take?

Does Your Family Law Lawyer Spend More Time Billing You Than Working on Your Case?

Thu, 20 Jun 2019 15:37:41 GMT

At Stewart & Riley, we often get this response: “my lawyer spent more time billing me for things that got nothing done in my case.” For example, emails between opposing counsel or staff that had little to not merit. Researching an idea that was never used. Handwriting the documents that have been filed in the court file to date when the lawyer could have simply printed out the docket from the clerk’s website, or saved the docket as a .pdf file to the client’s electronic file.

In other professions, this is what is infamously called “churning.” This can be tempting when a Family Law Lawyer in New Port Richey, Clearwater, or Tampa obtains a retainer upfront of anywhere from $5,000 to $10,000 just to start. And if the $5,000 retainer gets down to $2,500 or the $10,000 retainer gets down to $5,000, then it is time for the client to replenish the retainer amount to its initial amount of $5,000 or $10,000 or more.

Family Law is ripe for churning fees when the lawyer could be counseling the client at an emotional time not to engage in litigation that may very well be harmful to the children. When you have children, they sense the most insecure and anxious moments in their parents’ lives, including fighting over parenting time, child support, or parenting responsibility or decision making when these things should be agreed to by the parties. You the clients are the people who should control your own destiny and mediating your case does not have to be expensive. There are extremely experienced and effective mediator who are willing to charge a minimum of 3 hours, no time for travel at $200 per hour to be split by the parties. Hence, each client is simply paying $300 for a top-notch mediator. In Pasco, Hernando, Hillsborough, and Pinellas Cases, Stewart & Riley prefers to use James E. Kelly, Esq. who has shown time and time again how to bring about a fair outcome for the parties involved.

We pride ourselves in resolving a great majority of our cases on a fair, flat fee and at or before mediation.

What we would like to encourage here at Stewart & Riley is that divorcing parties, particularly with children, reduce and mitigate whatever financial, emotional and physical stress is involved in a dissolution of marriage proceeding or a petition for paternity action. A divorce proceeding in New Port Richey, Florida is not that much different than one in Tampa, Florida. Why? Because Judges know the law and know that if parties can bring a resolution to their own case through mediation or private agreement without mediation, they are better off. Who prefers that the government (yes, a Judge is a government employee) tell us how to live, when to do things, what to pay, what not to do, etc.? Not any client that I have me. So thankfully, we are able to come to pre-trial agreements whenever possible in dissolution of marriage proceedings, modification of parenting plans, petition to modify child support, and other family issues.

Do not let Courts dictate your life and raise your children; we are all better than that. If we can be of assistance, please call us at 727-312-3748. If you make an appointment with us and would like to know what papers would be useful, you may want to look here.

How Long Does it Take?

Mandatory Disclosure in Florida Dissolution of Marriage Proceedings

Wed, 05 Jun 2019 15:37:08 GMT

Most people think of proceeding with a divorce in Florida as a process involving the completion of a lot of paperwork. While true, a Florida dissolution of marriage requires more than just the completion of paperwork. The process involves the production of documents as well. In other words, there are certain documents each party is entitled to, and which must be delivered within a specific timeframe. This article will provide some general information concerning the manner in which Florida handles the production of documents. For specific information regarding your case, and for questions concerning what options are available concerning the production of documents, contact our office for a free consultation. You can do so through visiting our website www.bettercallbrendan.com or calling 727-312-3748. We’re conveniently located on Main Street in New Port Richey, on the corner of Main Street and River Road. Our address is Stewart & Riley, 5435 Main Street, New Port Richey, FL 34652. For anyone unfamiliar with the history of New Port Richey, Florida the Stewart & Riley building has remained standing and operating as a law firm and a law firm only, for over the past 40 years.

You may have been through a divorce before. Perhaps you know someone who has. As you’re probably aware, certain Florida dissolution of marriage proceedings are more difficult than others. Florida attorney Brendan Riley is aware of the stress and scope of emotions people experience when going through a divorce. Attorney Riley and his office at Stewart & Riley understand the numerous issues in need of being addressed in any Florida dissolution of marriage proceeding; both when minor children are involved and not.

In regard to the required production of documents, Florida implemented The Mandatory Disclosure Rule (Rule 12.285) of the Florida Family Court Rules of Procedure. Mandatory disclosure requires each party in a dissolution of marriage case to provide the other party with certain financial information and documents. These documents must be served on the other party within 45 days of service of the petition for dissolution of marriage or supplemental petition for modification on the respondent. Moreover, a form is required to show proof of your compliance with Mandatory Disclosure Rule. If represented by an attorney, you have secured the knowledge and resources necessary to make the divorce process as simple and efficient as possible. Moreover, if the circumstances leading up the point of your marriage being irretrievably broken were not amicable, your attorney can and will deal with your soon to be ex-spouse or their attorney; relieving you of contact and communication with someone likely to have become a significant negative source in your life.

When filing for initial, supplemental or permanent financial relief, the following is a list of documents that, without private counsel, you would need to both navigate through on your own, complete, complete service of process on the other party, and show proof of the date confirming service was made. Given the level of cooperation concerning your divorce proceeding, there are certain options whereby you can avoid producing the following documents. Such options are best discussed with your attorney along with the best means of working to implement them in your divorce. Most of our clients are surprised and happy to hear of the progress made with their ex-spouse. The simple involvement of a third party, such as your own attorney, can work towards reaching an amicable compromise. When your soon to be former spouse or their attorney speak with attorney Brendan Riley, your goals are made clear from the beginning. In addition, you can take comfort in knowing you have someone there for you throughout the entire process.

____ Financial Affidavit. Depending on the amount of your annual income, you are required to both complete and produce either Florida Family Law Rules of Procedure Form 12.902(b) (short form), Florida Family Law Rules of Procedure Form 12.932, the Certificate of Compliance with Mandatory Disclosure (09/12), or the Florida Family Law Rules of Procedure Form 12.902(c) (long form).

____ All personal (1040) federal and state income tax returns, gift tax returns, and intangible personal property tax returns for the preceding 3 years; ( ) IRS forms W-2, 1099, and K-1 for the past year because the income tax return for the past year has not been prepared.

____ Pay stubs or other evidence of earned income for the 3 months before the service of the financial affidavit.

___ A statement identifying the source and amount of all income for the 3 months before the service of the financial affidavit, if not reflected on the pay stubs produced.

___ All loan applications and financial statements prepared for any purpose or used for any purpose within the 12 months preceding the service of the financial affidavit.

___ All deeds to real estate in which I presently own or owned an interest within the past 3 years. All promissory notes in which I presently own or owned an interest within the last 12 months. All present leases in which I own an interest.

___ All periodic statements for the last 3 months for all checking accounts and for the last year for all savings accounts, money market funds, certificates of deposit, etc.

___ All brokerage account statements for the last 12 months.

___ Most recent statement for any pension, profit sharing, deferred compensation, or retirement plan (for example, IRA, 401(k), 403(b), SEP, KEOGH, etc.) and summary plan description for any such plan in which I am a participant or alternate payee.

___ The declaration page, the last periodic statement, and the certificate for any group insurance for all life insurance policies insuring my life or the life of me or my spouse.

___ All health and dental insurance cards covering either me or my spouse and/or our dependent child(ren).

___ Corporate, partnership, and trust tax returns for the last 3 tax years, in which I have an ownership or interest greater than or equal to 30%.

___ All credit card and charge account statements and other records showing my (our) indebtedness as of the date of the filing of this action and for the prior 3 months. All promissory notes on which I presently owe or owned within the past year. All lease agreements I presently owe.

___ All premarital and marital agreements between the parties to this case.

___ If a modification proceeding, all written agreements entered into between the parties at any time since the order to be modified was entered.

___ All documents and tangible evidence relating to claims for an unequal distribution of marital property, enhancement or appreciation in nonmarital property, or nonmarital status of an asset or debt.

___ Any court order directing that I pay or receive spousal support (alimony) or child support

We’ve explained the difficulties and lack of expertise any normal member of society has when it comes to obtaining a divorce in Florida. Navigating through the process on your own presents numerous opportunities for mistakes. The process is far from being as simple as….say, for example, filing your income tax return. Yet, people often use the services of an accountant. Especially when they want to ensure they are paying no more than the Federal Tax they’re entitled to. A divorce is much more significant than your income tax return. Moreover, once an Order approving your dissolution of marriage is granted, amending any of the documents thereafter will consume time and cost money. Your Final Order of Dissolution of Marriage is not at all as simply a process as amending a tax return.

Consultations with our office are free. Please contact us though calling 727-312-3748 or visiting www.bettercallbrendan.com

How Long Does it Take?

Preparing to Meet Your Family Law Attorney: What Documents to Bring?

Wed, 05 Jun 2019 15:35:59 GMT

Beginning any meeting prepared contributes to you feeling more relaxed, having a better understanding of what’s taking place, and ensuring a productive use of both your time and that of your attorney. Below you will find a list of documents. The more you’ll able to bring with you to any first meeting, the more information your attorney will have to proceed.

If you’re going through divorce, feeling relaxed or having a solid understanding of that’s taking place are not common experiences. Fortunately, attorney Brendan Riley with Stewart & Riley, has experience in the handling of family law matters. As such, he can work as your guide in helping to navigate the divorce process in Florida. The benefit to having an attorney assist in your divorce cannot be understated. Please reconsider making the same mistake too people make in believing they can handle their divorce on their own; especially if children are involved.

If you’re considering proceeding with your divorce, actually referred to dissolution of marriage, in Florida on your own, meaning Pro Se, please reconsider. We encourage you to reconsider representing yourself whether you select our firm or not. Yes, we understand the interest in doing so may indeed be bolstered by what you may recover through searching online. We understand Florida Family law forms are available on the internet (what isn’t?).

While we encourage reviewing information available on websites where such documents are available, we do not encourage completing the documents on your own and proceeding unrepresented. Please know the forms and the instructions contain the bare minimum amount of information. Relying on the bare minimum amount of information when proceeding through something as serious as a divorce is unwise.

A good comparison to proceeding with a divorce unrepresented could be made in considering an event leaving your car in need of extensive repair. There was likely an owner’s manual in the glovebox when you bought the car. If something seriously went wrong with your car, meaning more than a flat tire, would you simply consult the owner’s manual to complete the repair? Probably not; and for good reason. The reasons for retaining counsel for your divorce are even more important, but people make such avoidable mistakes all the time. In the example referring to your vehicle, more likely than not, you’d hire a mechanic.

It’s worth bringing your attention to the purpose the form for obtaining a divorce were made available to public. The forms are intended to provide those who lack any financial means whatsoever; lacking the resources whereby an agreement could be reached concerning payment to pay attorney fees, even in the event of agreement concerning installment payments, some means of resolution concerning a family law matter.

In order to speak with Brendan Riley and obtain a free consultation, we encourage you to contact Brendan Riley’s office through the links provided in this article, visiting www.bettercallbrendan.com through another device, or calling 727-312-3748.

When an initial consultation is scheduled, you will have an opportunity to discuss your case and circumstances

There is information available online concerning obtaining a divorce in Florida without an attorney. The forms are intended to provide those who lack any financial means whatsoever; lacking the resources whereby an agreement could be reached concerning payment of their attorney fees in installments. Such an arrangement is not for everyone, but the only way to know for sure is to contact Brendan Riley’s office through the links provided in this article, visiting www.bettercallbrendan.com through another device, or calling 727-312-3748. When an initial consultation is scheduled, you will have an opportunity to discuss your case and circumstances.

To help prepare for your first, meeting, please review the list of documents below. Please know it is entirely fine if you don’t have any number of the documents listed. We’re simply trying to provide you with some direction in terms of making the process of your divorce go as smoothly and quickly as possible. You can print this article and check the boxes if you prefer. Note - if it does not apply to your situation, write in N/A:

____ Individual income tax returns for past three to five years (federal, state, and local)

____ Business income tax returns for past three to five years (federal, state, and local)

____ Proof of your current income

____ Proof or spouse’s current income

____ Prenuptial agreement, if already drafted

____ Divorce decrees from previous marriages

____ Bank statements

____ Certificates of deposit

____ Pension statements

____ Retirement account statements

____ Trusts

____ Stock portfolios

____ Stock options

____ Mortgages

____ Property tax statements

____ Credit card statements

____ Loan documents

____ Utility bills

____ Other bills (e.g., school tuition, unreimbursed medical bills, etc.)

____ Monthly budget worksheet

____ Completed financial statements

____ Employment contracts

____ Benefits statements

____ Life insurance policies

____ Health insurance policies

____ Homeowner’s insurance policies

____ Automobile insurance policies

____ Personal property appraisals

____ Real property appraisals

____ List of personal property, including home furnishings, jewelry, artwork, computers, home office equipment, clothing and furs, etc.

____ List of property owned by each spouse prior to marriage

____ List of contents of safety deposit boxes

____ Wills

____ Living Wills

____ Powers of Attorney

____ Durable Powers of Attorney

____ Advance Health Care Directive

How Long Does it Take?

A Sword and a Shield: Injunctions and Divorce in Florida

Thu, 16 May 2019 15:35:31 GMT

The proper term for a divorce in Florida is a “dissolution of marriage.” Like many states, Florida abolished the need to prove fault as grounds for obtaining a dissolution of marriage. So long as one of the parties can state or allege that the marriage is irretrievably broken, the requirements for proceeding with a divorce in Florida have been met.

Going through a divorce is one of the most stressful experiences anyone could undergo. Due to the hassle and tension that can exist, some people are all too ready to sign off on the dissolution agreement. In fact, some people are so relieved the process is over, they sign off on the divorce agreement that goes before the assigned Judge for approval without even reading it. Unless modified, the dissolution of marriage agreement you enter into is final. Modifying a dissolution of marriage agreement, especially one that contains a parenting plan and a provision for the amount of child support due, will require the expenditure of significant time and resources. Every effort should be made to create the most favorable agreement the first time around. Those efforts include retaining a private attorney. There have been countless instances in which one of the parties to a divorce comes to the realization that the dissolution agreement contains unfair provisions or could have been more in their favor. What’s unfortunate about such realizations is that they tend to occur years later. Though modification can be possible, know that in addition to time and expense, any modification will not be retroactive. In other words, if a disagreement over the amount of child support paid arises, a petition to modify the child support amount could be filed, if the necessary elements for modification exist. Despite any modification to the amount, the years in which the disputed amount was paid cannot be considered. Any modifications are applied from the date of the modification forward.

How Long Does it Take?

Domestic Violence Injunctions

In a divorce proceeding, a restraining order can have an incredibly dramatic impact. This is particularly true if the divorce involves minor children and custody issues. Having a private attorney is undoubtedly in your best interest. If you or your family members are victims of domestic violence, having an attorney work to obtain a restraining order increases the likelihood of it being granted and your family being protected. In that way, the restraining order can be considered a protective shield. If your divorce involves child custody disputes, the significance of an injunction can be explained as follows: courts may decide to prohibit parents with a known history of domestic violence from parenting time. Visits with children, if granted, could become supervised instead of unsupervised. The best interest of the child will always be at the forefront of decisions made by Florida courts. Additional reasons exist to seek a restraining order against an abusive spouse or significant other. The courts can look at a victim of domestic violence that failed to act in furtherance of protecting a child could find that such a failure creates issues regard to custody disputes.

If you are the respondent, meaning you have been served with a restraining order, you will want an attorney to defend you. The implications of having a restraining order entered against you are far more expansive than most people realize. Not all allegations of domestic violence have merit. In this way, such allegations can be metaphorically considered a sword. Though unscrupulous and dishonest, certain individuals make false allegations against their spouses or partners. Their hope is to gain an advantage in later proceedings. In the paragraphs above, we state that you will want an attorney to defend you in the event you are served with an injunction. Though false, if believed by a Judge overseeing your case, entry of restraining order can strongly influence a judge’s decision on issues involving child custody and parenting time. If the false allegations are believed credibly by the Judge, you can be ejected from your home, prohibited from seeing your children, or arrested; depending on the nature of the allegations. Consultations with our office are free. You can contact us online at www.bettercallbrendan.com

Do I Need an Attorney for a First Time Dui in Florida?

Wed, 01 May 2019 15:34:55 GMT

People charged with driving under the influence (DUI) for the first time sometimes have certain beliefs this article hopes to explain and clarify. Some common false beliefs are: 1. Because it’s the first time they’ve been charged with a DUI, the consequences won’t be serious. 2. A belief that hiring an attorney for a first time DUI will not be worth the cost. Both of these beliefs are false, and we explain why.

In the State of Florida, consider that a DUI conviction will go on your Florida driving record for 75 years. This will affect your car insurance for years.

The lack of truth to these beliefs begins with the consequences someone arrested for a first time DUI may face. The repercussions for a first time DUI conviction in Florida are much more serious than most people realize. Furthermore, people tend to be unaware of the benefits involved when represented by a private attorney; whether that representation is for a first time DUI or any other matter.

To help understand the consequences you could face if convicted for a first time DUI, Florida law provides that you can be subjected to fines, license suspension, vehicle impoundment, having to install an ignition interlock device, and jail time. Moreover, the potential for increased penalties exist if your blood alcohol concentration (BAC) was .15% or more, if you were involved in an accident resulting in injuries or property damage, or if you had a passenger under 18 years old. We hope this information helps in understanding that regardless of whether you are charged a DUI for the first time, the penalties of being convicted could indeed be life altering.

Attorney Brendan Riley has significant experience in representing individuals charged with a DUI in Florida. When charged with a DUI, any number of issues can be challenged. Having an attorney knowledgeable and willing to challenge such issues can make the difference between a conviction and the charge being dismissed; a very significant difference indeed. Fortunately, attorney Brendan Riley made contesting issues in his clients’ cases standard. Doing so earned him a reputation anyone would want their attorney to have – a reputation for not backing down when dealing with opposing counsel. A reputation for bringing mistakes made by law enforcement to light and challenging the resulting criminal charge. A reputation for having a contested issue heard before a Judge in a motion hearing or a trial. Yes, earning this reputation required more work on attorney Brendan Riley’s behalf. By, “more work,” we mean more effort than what is typically seen by other attorneys. Motivation for engaging in additional efforts on a client’s behalf comes from a simple and significant principle upon which Brendan Riley’s approach to the practice of law is based: The motivating principle is that his clients deserve nothing less than the best legal representation. Providing the best representation involves putting forth time and effort. It means doing the work necessary to achieve the best outcome for his clients. A private attorney with experience in representing someone charged with a DUI is your best option when it comes to achieving the best outcome. Hiring a private attorney willing to put forth the necessary time and effort on your behalf is something very worthwhile indeed.

As with most things, people don’t realize how important something is until it’s gone. In terms of being convicted of a DUI, you can lose your driver’s license. To help put the importance of your driver’s license in perspective, consider how much time you spend in your vehicle. You likely drive to and from work, run various errands, visit friends and family; and if you have young children, driving includes picking up and dropping them off at day care or school. How would you accomplish these tasks if your driving privileges were suddenly gone? How quickly do you think you would become a burden to friends and family involved in driving you to the same places you used to drive yourself? Imagine what feeling like such a burden would be like. Retaining private counsel as quickly as possible after being charged with a DUI is crucial. The faster you retain counsel, the better your chances are of remaining eligible to drive. Because the consequences of a first time DUI conviction are serious, hiring private counsel is justified. You’re going to want the best outcome possible. Having a private attorney In order to have the best chance at obtaining the best outcome,

If you decide to drive despite your license being suspended, you’re likely to be pulled over and subject to being arrested again. In this scenario, you would have a new charge – driving while license suspended or revoked (DWLSR). Know that not having private counsel work towards preserving your driving privileges means your license remains suspended. With a suspended driver’s license, you cannot renew your vehicle’s registration. This means that the sticker on your license tag will eventually expire. Driving around with an expired tag is sufficient cause for being pulled over. Unfortunately, some people decide to gamble. Playing the odds in hopes of not being pulled over. The truth about gambling is that eventually, you lose. When it comes to criminal matters, you lose more than money. You are gambling with your freedom.

Contact our office to discuss your case and ask any questions you may have. You can visit our website at www.bettercallbrendan.com or call 727-312-3748. The initial consultation is free. You have nothing to lose and everything to gain.

How Long Does it Take?

Tips for Selecting an Attorney When Charged With a Dui, or Other Criminal Offense

Tue, 30 Apr 2019 15:34:22 GMT

Have you been arrested for a DUI in Pasco, Pinnellas, Hernando, or Hillsborough County? If so, trips to your mailbox after the arrest involved receiving numerous advertisements from law firms. These law firms pay for a list of people arrested. The letter and any other marketing material you received was already enclosed in envelopes ready to go. All that was needed was a stamp, your name, and your address. The letter you received was likely sent out by an assistant. The law firm sending you that letter has no idea who you actually are nor are they aware of any of the facts concerning your case. The fact you received an advertisement from a law firm doesn’t mean that the firm, or any of the attorneys practicing with that firm, aren’t capable of handling your case. We’re simply seeking to inform you of certain facts concerning how and why you received such correspondence.

Regardless of whether you’re seeking representation in a criminal or civil matter, the decision concerning which attorney you select to represent you is important. Whom you select for representation in a criminal matter arguably has a greater degree of importance as your freedom is at risk.

Ultimately, the practice of law is a service-related industry. You’re paying for the services provided by an attorney in representing you. Which attorney you decide on is a decision that is entirely yours to make. Because you’re relying on the services provided by your attorney and his or her expertise, it’s worth asking certain questions when speaking with attorneys you’re thinking of hiring. As a whole, lawyers have different methods in which they practice, different skill levels, different degrees of both training and experience. The lawyer you hire also has a reputation within his or her legal community. One of the best, but most difficult and least utilized methods, for gaining an enviable reputation is to be appropriately aggressive in representing a client. “Appropriately aggressive,” means actually scheduling motion hearings to test the sufficiency of certain evidence or other matters in representing a defendant. It also means taking a case to trial. Some criminal defense attorneys have gained a reputation for advising their clients to take plea bargains. When it comes to plea bargains, it’s crucial that you understand what we’re communicating and what not communicating in this article. We are NOT suggesting a plea bargain is always worse than proceeding to trial. The plea agreement may indeed be better to accept than proceeding to trial. What we are suggesting is that not all attorneys have the reputation of taking a case to trial. Attorney Brendan Riley gained his reputation as a zealous advocate for his clients through consistently working harder than other criminal defense attorneys.

Before deciding which attorney is best suited to represent you, consider asking the prospective attorney the following questions:

Do they have experience as a former State prosecutor or Public Defender? Past experience, especially as a public defender, is particularly beneficial to someone charged with a DUI. Such experience provides the attorney with knowledge and understanding of the intricacies within our court system that cannot be gained through any other means. Attorney Brendan Riley has experience as a former public defender.
How much of their practice involves handling criminal defense matters? Obviously, an attorney who is routinely before Judges in defending those charged with a criminal offense will have more experience and knowledge about how a particular Judge may interpret your case. There’s a saying in the legal community – “it’s better to have a lawyer that knows the Judge than it is to have a lawyer that knows the law.” Attorney Brendan Riley’s past experience and current case load reflect his knowledge in terms of how different Judges may interpret the facts of your case.
Has the lawyer been successful in the past concerning individuals charged with a DUI? You should feel comfortable asking how the lawyer obtained any favorable results on behalf of their clients charged with a DUI or other criminal offense. How the favorable result came about will reveal how hard that attorney worked in order to obtain such an outcome.
How familiar is the attorney with current methods for testing someone’s blood alcohol level? Attorney Brendan Riley is well informed on the proper administration of breath tests and other methods used to determine your blood alcohol level (BAL).
How many criminal cases has the attorney taken to trial or had dismissed in the past 5 years? Keep in mind that the State attorney prosecuting you will be well aware of your attorney’s reputation in regard to taking a case to trial or not, and so should you.

In keeping with the question asked in paragraph number 5 above, in the previous 5 years, how many Motions to Suppress or other evidentiary hearings has the attorney litigated? If the attorney is not regularly litigating DUI and other criminal defense matters through evidentiary hearings, it may be an indication that he or she does not have the requisite knowledge necessary to obtain the best result for you.

If you received an advertisement from an attorney, did that advertisement list the price? In addition, consider whether there was any language that made the price listed time sensitive. Meaning, you would only be given that price if you acted within a certain time. This tactic is one we emphatically disapprove of. Why? Because it’s a sophomoric and unscrupulous way of taking advantage of you. If you’ve been charged with a DUI, a common concern is the cost of hiring an attorney. Every case is different, and every case deserves the requisite amount of attention. Quoting a price before knowing anything about the facts is a strong indication that the attorney sending such an advertisement is more concerned about the attorney fee than the facts of your case. Imagine an immediate family member complaining of stomach pains. You take your family member to a doctor. BEFORE conducting any kind of physical exam or reviewing the results from any diagnostic study, the doctor tells you how much you will have to pay to cure your family member. Doesn’t make much sense does it? It doesn’t make much sense for attorneys to do so either.

Consultations with our office are free. Please visit our website at www.bettercallbrendan.com or call us at 727-312-3748. We look forward to hearing from you.

How Long Does it Take?

Can I Change my Parenting Plan after a Final Judgement?

Tue, 16 Apr 2019 15:33:57 GMT

Before addressing the question of whether you can change a parenting a plan, let’s provide you with some additional information to help in your understanding.

If you undergo a divorce with minor children, the documents included with your dissolution of marriage include a parenting plan. A parenting plan is intended to encourage “frequent and continuing contact” between both parents and their child or children. Contact is to continue both during and after the divorce. To accomplish this goal, the Florida Legislature passed Fla. Stat. § 61.13(2)(c)(1) (2018). In relevant part, that statute provides:

It is the public policy of this state that each minor child has frequent and continuing contact with both parents after the parents separate or the marriage of the parties is dissolved and to encourage parents to share the rights and responsibilities, and joys, of childrearing. There is no presumption for or against the father or mother of the child or for or against any specific time-sharing schedule when creating or modifying the parenting plan of the child. To achieve this, Florida courts are tasked with approving or implementing a parenting plan that addresses issues fundamental to raising a child.

An incorrect, but common belief, is that decisions relating to custody and child support will favor the mother over the father. As noted above in bold, there is no such favoritism granted to either the mother or the father. The court considers a number of factors, not the least of which is the best interest of the minor child.

The same Florida Statute noted above includes language relating to modifications of final divorce judgments:

After divorce proceedings are over and judgments have been entered where the judge clearly defines the rights and obligations of each party, there are times when either party wishes to modify the ruling if circumstances have changed significantly or if you now meet statutory guidelines that would make a modification action pertinent.

Statutes are rarely worded in a way that makes them easy to read or understand. Fortunately, attorney Brendan Riley is more than capable of interpreting statutory language and explaining the meaning to his clients. To explain the meaning of the above referenced statutory section, a parenting plan can be modified. Whether the modification would be granted depends on various factors. If you have questions about changing the amount of child support you pay or receive, or concerning anything else relating to family law, please contact our office for a free consultation. You can visit us online at www.bettercallbrendan.com or through calling 727-312-3748.

The reasons for a post-dissolution modification are numerous and specific to each circumstance.

We have dealt with situations in which a parent feels that their children are in danger. Sadly, there are circumstances in which the children are being harmed or being neglected. We discuss these matters with our clients and determine the best option for them in proceeding.

Another circumstance we’ve encountered concerning modifying a parenting plan involves visitation. A parent may wish to increase their visitation. Other situations involve a parent wanting to limit the amount of visitation time had by a non – custodial parent.

Family Law involves matters we understand are of vital importance to you. If you have a situation involving family law that you’re unsure about, contact our office. It’s possible that you may have rights you’re not aware of.

How Long Does it Take?

Should I Handle My Divorce on My Own?

Tue, 16 Apr 2019 15:33:02 GMT

According the American Psychological Association, the current divorce rate in the US is between 40% and 50%. The divorce rate among those who remarry is even higher. This article isn’t about divorce rates or other related statistics. What this article addresses are the unfortunate, costly, and entirely avoidable mistakes people make when attempting to proceed with a divorce without an attorney. If there are marital assets or there are children involved, the divorce process is far more complicated than most people realize. The advantages of having counsel to help guide you through the process can not be overstated.

Given the access to online resources of information related to Florida family law matters, some people decide to proceed without an attorney. The decision to proceed without an attorney is made for numerous reasons. The main reason for not retaining counsel is financial. Many people don’t believe they can afford an attorney. Unfortunately, not everyone knows they may qualify for a payment plan.

While we’re not suggesting that anyone remain in a marriage where physical or mental abuse takes place, or a marriage in which any other circumstances exists that puts them at risk, proceeding without an attorney is never advisable. With few exceptions, going through a divorce takes an emotional and mental toll. If minor children are involved, the emotional and mental toll increases exponentially. No one makes rational decisions when emotional. Even attorneys are advised against representing themselves. They’re emotionally attached to the matter. This emotional attachment clouds the judgment of an attorney just as much as it would someone in a different career. The saying, “an attorney who represents himself has a fool for a client,” is well known in the law profession.

Going through a divorce when children are involved is often an emotionally painful process. One that can often be fraught with power struggles, receiving less than kind messages, and never seems to end soon enough. We often see mistakes made when the parenting plan is completed by a divorcing couple proceeding without an attorney. The mistakes predominantly come about when children are involved. The problem is that these mistakes are not only avoidable, it costs more to go back and seek to correct them than it would have if the mistake had never been made in the first place. For example, a parenting plan is comprehensive. Completing the plan involves details including but not limited to: each parent’s right to make decisions concerning education, medical care, obligation to maintain health insurance, visitation schedule, and the amount of child support. Whether a deviation from the child support guidelines will be made or not is addressed. Even understanding how the child support guidelines work can be confusing. Parties seeking a divorce will be ordered to undergo a mediation before they appear before a Judge. The mediator will work with the parties to reach an agreement concerning all matters. If the parties can reach an agreement, the parties will sign the dissolution of marriage documents. These documents will then be presented to the assigned Judge. If the divorcing couple is lucky, everything they anticipate happening after their divorce is finalized will occur. If the divorcing couple is anything like the vast majority of couples, what they anticipate happening and what actually occurs are quite different. This difference simply creates more conflict. This conflict creates problems for each partner and it’s a undue burden on the children. These conflicts and mistakes can be avoided. Seeking the advice and counsel of an attorney with experience in family matters is an investment in both your own well – being and is in the best interest of your children. The fewer the problems after a divorce, the better it is for any minor children; resulting in honoring the best interests of any minor children.

Please call our office today for a free consultation. We can be reached at 727-312-3748 or through visiting www.bettercallbrendan.com We’re conveniently located on Main Street in downtown New Port Richey. Our address is: 5435 Main Street, New Port Richey, FL 34652.

How Long Does it Take?

Service of Process – Law for Layperson

Sun, 03 Mar 2019 15:32:29 GMT

Service of Process – Law for the Lay Person

In this series, we will look at some questions the average person asks their attorney throughout the legal process, from start to finish. The questions that everyone asks their lawyer as their case proceeds through the court. Today, we look at the start of the procedure: Serving the opposing party.

In order to begin a lawsuit, the other party has to know that you are suing them. This is done by sending them an official announcement of what you are suing them for (the “complaint”) accompanied by an order telling them that they have to come to court to respond to the complaint (the “summons”). The summons tells them that they are being sued, what court they are being sued in, and how long they have to tell the court what their side of the story is. (“answer” the complaint).

If the other person doesn’t get the summons and complaint, he or she cannot answer in the amount of time that they are allowed by the court. However, that does not mean that you win; it means that you could lose for something called “failure of service of process.” Service of Process is subject to being completed within 120 days, or the Plaintiff should seek an extension of time for service of process. Any Plaintiff has the option to dismiss the case and refile the case so that the summons and complaint (“the process”) can be served timely.

To avoid this, your attorney gives the summons and complaint to a process server. The process server knows exactly how to deliver the summons and complaint to the person being sued, and how to document the service so that it will be recorded properly in court. To do this, the process server will fill out and send to your attorney something called “proof of service,” or “return of service.” This tells the court in an affidavit or verified document who the process server is and who he or she gave the summons and complaint to (person or corporation), what date and time he gave it to them, and what other documents (like exhibits) were included.

Just as important, if the process server can’t find anyone to take the documents (“accept service”) he notes down all the times he tried to serve them. The courts generally require three different attempts, on different days and times of day, before it considers that enough attempts have been made and a different method can be tried.

All this has to be done before your lawsuit can begin.

What is Service of Process?

How Long Does it Take?

Your case begins in your attorney’s office; but the lawsuit cannot begin in the court until the opposing party has been served and has had an opportunity to respond. Your attorney will file the complaint, and receive a case number, in about two to five days. Once a case number has been received, the summons can be issued, and then sent to the process server.

After the process server receives the summons and complaint, he will attempt service. Then the opposing party has twenty days (or up to 45, depending on the type of service and type of case) in which to answer the summons. The time to answer does not start (“run”) until the day after the opposing party receives the summons, although it is 20 calendar days, not 20 business days. So your case will not truly start until three weeks from the day the opposing party gets his or her copy of the complaint.

Many things. That is the subject of the next article.

What Happens Next?

Florida Workers’ Comp Law

Sun, 03 Mar 2019 15:31:54 GMT

Florida Workers’ Comp Complaints, Denials, and Appeals

“My Claim Was Denied.”

The initial denial of a worker’s compensation claim occurs with greater frequency than most realize. Insurance companies and the adjusters that handle claims are under pressure to pay out as little as possible. Through paying out as little as possible on claims, they ostensibly can keep premium costs lower. The reality is that they increase their profit through claim denials, and denials of both medical care and lost wage payments. Florida worker’s compensation insurance companies have not reduced premiums in well over a decade.

“It’s Taking Too Long to Process My Claim.”

An entirely denied work comp claim can take up to a year or more to resolve. Benefits you’re entitled to receive but are not receiving due to a work comp carrier’s refusal to authorize necessary medical treatment vary in the length of time taken to resolve. What remedies you have in order to expedite the process of receiving medical care of wage loss benefits is the filing of a Petition for Benefits. A consultation with our office is free. Call us at: (727) 312-3748 or visit www.bettercallbrendan.com We’re conveniently located in downtown New Port Richey on Main Street, at 5435 Main Street, New Port Richey, FL 34652

“The Settlement Amount Isn’t Fair.”

There is no right to a settlement of a worker’s compensation claim. Settlements occur as a result of mutually voluntary decision between you and the insurance company. Because the insurance company can’t force you to settle your claim, and you can’t force them, there will never be a Judge or Jury to determine the value of your case. Our goal in every work comp case is to obtain as much as possible for our clients. There are many benefits individuals are unaware they’re entitled to, as well as numerous ways in which we can help maximize their settlement amount.

“My Employer Fired Me Because I Can’t Return To Work.”

An employer cannot legally terminate a worker because he files a workers’ compensation insurance claim. However, because Florida is a right to work state, an employer can fire an employee for many reasons, or no reason. There are exceptions to the freedoms an employer has in regard to terminating an individual. An employer CAN NOT terminate an individual for reporting or filing a work comp claim. An employer has an obligation to make a reasonable accommodation to injured employee after a work accident. If an employer cannot make a reasonable accommodation, the employer can terminate the employee or simply await a change in their medical condition that allows them to return to work in an accommodating position. This is one of the most complicated and detail-oriented areas of worker’s compensation law. A free consultation with our office will help you understand your rights and your employer’s obligations.

“I’m Still Suffering from Pain and Discomfort.”

Unfortunately, there is no value attributed to pain and suffering in a worker’s compensation claim. Pain is subjective and impossible to accurately measure. While a doctor may diagnose an injured worker as reaching maximum medical improvement, the worker may disagree. If the MMI diagnosis or allowed recovery time are not acceptable, one option is to seek another medical opinion. The process in doing so is not as simple as most work comp insurance companies lead injured employees to believe.

If you are being denied work comp benefits you’re entitled to, or they’re not being provide timely, you have the option of filing was is called a Petition for Benefits. Our office will file a Petition for Benefits on our client’s behalf based on what we’ve discussed with them in terms of benefits they’re entitled to but not receiving. Once a Petition for Benefits has been filed, the work comp insurance company has 30 days to provide the benefits requested.

Filing a Complaint

Common Reasons for Claim Denials

Failure to Promptly Notify Your Employer of Your Injury

You have an obligation to report any work-related injury within 30 days. However, reporting any work-related injury and accident in as quickly a manner a possible is the best means of ensuring that benefits are provided timely and that your claim is not denied.

Failure to File Your Claim within the Statutory Time Period

Reporting your injury and filing your claim are two different processes. There is a statutory time period in which you must formally file your workers’ comp claim, referred to as the filing of a Petition for Benefits within the period known as the Statute of Limitations period. In Florida, a work comp claim must be filed within 2 years of the date of accident.

Your Injury Occurs Outside of Employment

Your injury must occur in the course and scope of your employment or arise out of conditions directly attributable to your work duties. There are exceptions to this requirement wherein an injury that occurs outside of normal working hours and at a location other than your place of work are accident for which work comp benefits are due. Contact our office to determine if your claim is one in which the work comp carrier should provide benefits.

Your Injury Occurs While You Are Under the Influence

Regardless of how hard you work, how long you’ve been employed, or what type of work you’re doing, if you are under the influence of illegal narcotics or alcohol when you’re injured, expect your claim to be denied. Most employers will require that you submit to a post-accident drug screen. If the results of that drug screen are positive, there a presumption that your accident and resulting injuries occurred as a result of the intoxication.

Your Employer Disputes Your Injury Claim

An employer may dispute your claim by stating that your injury is pre-existing, it occurred outside of the scope of your employment, or that your report of your accident and resulting injuries has been fabricated. We encounter such situations on a regular basis and can inform you as to how best to proceed.

Appealing a denied claim occurs when you file a Petition for Benefits. You have a right to dispute any denial. You will likely receive a notice of denial in the mail. If that occurs, contact our office. Again, the consultation is free. Contact us at (727) 312-3748 or visit www.bettercallbrendan.com

Missing the filing deadline for your appeal can end any possibility of getting compensation. Be sure to review the workers’ comp regulations and appellate deadlines in your state.

Appealing a Denied Claim

The Role of Attorneys

The initial filing of most workers’ comp claims can be handled without an attorney. When you believe your claim is being unnecessarily delayed or has been unfairly denied, you may need legal assistance. Most workers’ comp attorneys will not charge for an initial office consultation. You have nothing to lose and everything to gain by visiting with one or more.

Buyer Beware of the Salvaged Vehicle

Sun, 03 Mar 2019 15:31:27 GMT

The Frankenstein Vehicle

A recent client of ours needed to file a lawsuit quickly, and we were there for him. Why? The truck her purchased for work and his family could no longer be driven safely on the road. It was the body of a 3/4 Ton 4×4 Chevrolet Silverado Truck but with the chasis of a 1/4 Ton Suburban, which had a lot more miles than were disclosed on the sales documents. We were able to obtain a favorable settlement for this client, and ABC Action News’ Jackie Callaway investigated and covered the story here:

https://www.abcactionnews.com/money/consumer/taking-action-for-you/buyer-beware-frankenstein-cars-built-from-salvaged-vehicles

A salvaged vehicle must be disclosed as such. Salvaged means that the vehicle at some point was totaled. So, before it can return to the road safely, the DHSMV must inspect the vehicle and place its proper stickers of approval on it. Furthermore, the title must be branded “salvaged.”

If you purchased what you discover later to be a salvaged vehicle and the title is not branded as such, it was more than likely subject to a “washing” of the title scam that many dealers do to sell broken vehicles for top dollar.

If you have a question about your sale of a vehicle, please do not hesitate to contact us.

BRR@BetterCallBrendan.com 727-312-3748

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The deponent shall bring to this deposition, copies of documents as set forth below:

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Mandatory Disclosure in Florida Dissolution of Marriage Proceedings

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A Sword and a Shield: Injunctions and Divorce in Florida

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Tips for Selecting an Attorney When Charged With a Dui, or Other Criminal Offense

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Service of Process – Law for Layperson

Service of Process – Law for the Lay Person ﻿

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What Happens Next? ﻿

Florida Workers’ Comp Law

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Filing a Complaint ﻿

Common Reasons for Claim Denials ﻿

Appealing a Denied Claim ﻿

The Role of Attorneys ﻿

Buyer Beware of the Salvaged Vehicle

The Frankenstein Vehicle ﻿

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Filing a Complaint

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Appealing a Denied Claim

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The Frankenstein Vehicle