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  1. Business Disputes: Re: How Can a LLC Member Oppose Dissolving the Business

    Unless the attorney is licensed in your state, she may be practicing law without a license in your jurisdiction. I still don't understand how a Florida lawyer fits into this situation.
  2. Security Deposits: Re: Suing for Return of a Security Deposit if a Mortgage Company Owns the Property

    You can receive treble damages if a landlord improperly withholds your deposit, so be sure to ask for that. Also, some items such as carpet cleaning are considered normal wear and tear in CA and...
  3. Life Estates: Re: Is a Life Tenant Entitled to a Share of Proceeds From the Sale of the Home

    A "life estate" has a specific meaning within the law of a given jurisdiction. It is expressed as "to A for life, then to B" with A holding the life estate and B being the remainderman. It can be...
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    Foreclosure: Re: Court Order of Foreclosure

    *sigh*
  5. Life Estates: Re: Is a Life Tenant Entitled to a Share of Proceeds From the Sale of the Home

    I suspect that what he is expecting is for his life estate interest to be bought out. The OP doesn't understand what the life estate gives him and what she has as remainderman. Hopefully it's clear...
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    Foreclosure: Re: Court Order of Foreclosure

    In Florida property is never sold because of a junior lien default as a practical matter. In any case, without details, I try to make reasonable assumptions.
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    Foreclosure: Re: Court Order of Foreclosure

    The goal of foreclosure sale is to put the buyer in the same position the previous owner was in when he mortgaged the property. That's what the quoted statutory language does.
  8. Life Estates: Re: Is a Life Tenant Entitled to a Share of Proceeds From the Sale of the Home

    That is incorrect. A life tenant has a possessory interest until he dies. He can live there, rent it, or leave it vacant. His interest is also alienable, so he can sell it himself. He just can't...
  9. Business Disputes: Re: How Can a LLC Memper Oppose Dissolving the Business

    Your LLC is not governed by Connecticut law. It is governed by the law of the state in which it was organized, not where it is registered as a foreign entity.

    Also, how does a Florida lawyer...
  10. Business Disputes: Re: How Can a LLC Memper Oppose Dissolving the Business

    Or consult a business attorney. Judicial dissolution is where you're headed anyway.
  11. Business Disputes: Re: How Can a LLC Memper Oppose Dissolving the Business

    Chapter 322B.383 of the Minnesota statutes controls the rights of dissenting LLC members with regard to anything the operating agreement is silent on. So, you need to evaluate what the operating...
  12. Student Discipline: Re: Can Schools Ban Public Parking

    Next time please provide your details up front so that others don't have to guess and then waste their time on irrelevant nonsense, as I ended up doing. Someone else can expend their efforts on your...
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    Post-Conviction Relief: Re: Can a Judge Overrule a Jury's Verdict

    In a criminal case a judge can only grant a motion for a relief from judgment as a matter of law if a jury has found a defendant guilty. A jury's verdict of not guilty is beyond the reach of the...
  14. Student Discipline: Re: Can Schools Ban Public Parking

    Yes, if the student parks anyplace where the school has no authority to monitor the parking lot for safety, school skipping, etc. The legality of the parking space is meaningless in this analysis. ...
  15. Student Discipline: Re: Can Schools Ban Public Parking

    A public high school can set rules necessary to support a safe and productive education environment. In that regard, it can require students to conform to any rule regarding students using their own...
  16. Sales Agreements: Re: Customer Income Not Proved

    Thus there are business decisions and there are legal decisions, and the two are often different. Many business people learn the risk from their attorney and then choose to bear the risk. And then...
  17. Sales Agreements: Re: Customer Income Not Proved

    There are more costs than just the diminution in value because of the mileage. There was the loss of the vehicle in the dealer's inventory during the period of time, the dealer's cost of carrying the...
  18. Defamation: Re: Can You Sue Somebody if They File for a Restraining Order That is Denied

    And recover what?

    To prove defamation you would have to prove: 1) a false statement purporting to be fact; 2) publication or communication of that statement to a third person; 3) fault; and 4)...
  19. Life Estates: Re: Is a Life Tenant Entitled to a Share of Proceeds From the Sale of the Home

    The market value of your remainder interest in the property is likely quite low. Few people will pay money for an unknowable possessory interest in property at some time in the future. The...
  20. Sales Agreements: Re: Customer Income Not Proved

    Yes, when you are talking about a transaction that is governed by the UCC, which Texas has adopted almost in its entirety, the four corners of the contract are the key and not any verbal...
  21. Sales Agreements: Re: Customer Income Not Proved

    If the customer obtained your assent to the contract through misrepresentation, then you would have a right to rescind the contract and to also be made whole for any damages you incur as a result of...
  22. Domestic Violence: Re: Battery Charge Against a Spouse on a Conditional Greed Card

    I will just reiterate that you absolutely must get a lawyer.

    It is possible (not guaranteed) that a lawyer can get your statement to the police suppressed. It is possible that your spouse will...
  23. Re: Police Lt Sues Starbucks Over His Free Coffee

    Still shooting blanks, I'm afraid.

    Same consistent pattern of behavior when you're out of anything substantive to add to a discussion.
  24. Re: Police Lt Sues Starbucks Over His Free Coffee

    These are always enjoyable and enlightening discussions when they remain respectful and thoughtful. Then the same old party comes along when his rhetorical ammunition is exhausted and the personal...
  25. Re: Police Lt Sues Starbucks Over His Free Coffee

    But you know as well as I do that juries can and do get it wrong sometimes. The OJ trial demonstrates that better than I can ever argue. I am not stating facts per se, what I'm doing is expressing an...
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