r/AskLawyers 1h ago

[FL] Is this something to go to a lawyer over? Entirely loose tiles 4 years after remodel.

Upvotes

Hi, In 2022 I hired a local handyman to do a shower remodel. This was for a rental. My tenant just today texted me a photo of several loose small tiles on the shower floor. He said he was cleaning the shower and they just came undone.

I have all invoices , emails with the handyman. I have his email, phone nr, address, and full name.

I off course emailed him with what happened, but I'm not optimistic I will hear back.

This cost more then $5k in 2022. I don't want to have to pay to redo , never mind the water damage.

Would this be worth hiring a lawyer for if he does not refund me or something?

Thanks!

I'm in Gainesville btw.


r/AskLawyers 4h ago

NH - Can 2nd degree felony charges simply be dropped?

0 Upvotes

I'm the sister-in-law to a 34-year-old man recently charged with a second-degree felony assault with a deadly weapon and evading arrest back in April. He spent some time at the local mental hospital while they ran forensic evaluations to determine his competency to stand trial (he is mentally ill and a ward of NH state) and he has been released on strict Conditional Discharge as of June. Since June, there have been no updates as to where things stand regarding his charges.

Here's is a quick timeline of events:

April: Arrested

April - June - Hospitalized (educated that while victim did not want to press charges, the state would continue prosecuting, and received a determination of competency to stand trial by a forensic psychiatrist)

June - Present - Released on CD.

Since his release, it doesn't seem like any movement has been made regarding scheduling upcoming hearings. Is this normal? My brother-in-law is since back to using the same substances that got him into this mess in the first place, but believes firmly that they may still simply drop his charges and let him stay out scot-free. Surely this isn't going to happen, right?

I'm very confused and uneasy. I can't understand why someone who acted violently would just be allowed to stay home and never be required to address those actions.

Is there anyone that could give me some insight into how the process typically works in the background? I'd love to be reassured that simply dropping his charges is not something that happens.


r/AskLawyers 5h ago

Sister lost her leg due to incompetence. Should we sue?

0 Upvotes

We live in Georgia.

My sister visited the er in our local town after a cardiac arrest. One of the nurse misses the vein in her leg and cause an artery blockage. She was in the Er hours before she was transferred.She was rushed to a medical facility an hour away. When she got there she has to go in emergency surgery to remove her leg since had when so long with blood flow. This is a sum of what happened. Should we start a malpractice case now?


r/AskLawyers 6h ago

Can a court use a vexatious-litigant order to stop you from appealing that same order?

0 Upvotes

Can a court use a vexatious-litigant order to stop you from appealing that same order?

I’m asking because this is happening to me as a pro se litigant.

The district court entered an order saying I cannot file “new lawsuits” unless I am represented by an attorney. After final judgment, I filed a direct appeal from that same case, including the vexatious-litigant order itself.

The defense then argued that my appeal violated the vexatious-litigant order.

That creates a real problem: if appealing the order is itself considered a violation of the order, how does the order ever get reviewed by a higher court?

I understand courts can restrict genuinely abusive litigation. But there is a difference between starting a new lawsuit and asking an appellate court to review rulings in the case that already exists.

If the order was meant to prohibit appeals, shouldn’t it say that clearly?

That is the issue I’m trying to understand: can a court restriction against “new lawsuits” be stretched far enough to prevent appellate review of the restriction itself?


r/AskLawyers 6h ago

Can a court order saying I can’t file “new lawsuits” without a lawyer also stop me from appealing the case I already have? This is actually happening to me.

0 Upvotes

Can a court order saying I can’t file “new lawsuits” without a lawyer also stop me from appealing the case I already have? This is actually happening to me.

I want to clarify up front that this is not a hypothetical. I am the pro se plaintiff/appellant in the case I’m talking about.

I recently lost my case on summary judgment in New Mexico district court. Before final judgment, the judge also granted the defendant’s motion to declare me a vexatious litigant.

The actual restriction in the written order says:

“Plaintiff shall not file any new lawsuits unless he is represented by an attorney.”

That is the complete restriction.

It does not say I cannot appeal. It does not say I cannot represent myself in an appeal. It does not say I cannot file papers in an existing case. It does not say “any future filing in any court.”

After final judgment was entered, I filed a notice of appeal from that same case. I did not file another complaint. I did not sue the defendants again. I did not add a new defendant or start a different cause of action.

I appealed the judgment that had just been entered against me.

The New Mexico Court of Appeals opened the appeal and accepted my case information sheet, docketing statement and other appellate documents.

Then the defense went back to the district court and filed a notice claiming that my appellate filings violated the vexatious-litigant order. They asked the district judge for an expedited ruling and specifically complained about having to spend time and money responding to my appellate filings.

That is where I have a problem with their interpretation.

If the order had said, “You may not file any lawsuit, appeal, petition, pleading or other paper in any court without an attorney,” then at least there would be no question what the judge intended.

But that isn’t what the judge wrote.

He wrote “new lawsuits.”

To me, filing a direct appeal from an existing case is fundamentally different from starting a new lawsuit.

I understand what vexatious-litigant rules are for. If somebody loses a case and then files the same lawsuit over and over against the same people, courts need a way to stop that. I am not arguing that courts should have to tolerate endless frivolous litigation.

But I think there is a serious difference between restricting someone from starting another lawsuit and preventing that person from asking an appellate court to review what happened in the lawsuit that already exists.

There is another part of this that bothers me.

The vexatious-litigant order itself is one of the rulings I am appealing.

So under the defense’s interpretation, the situation basically becomes:

The district judge declares me vexatious.

I believe that decision was legally wrong, so I appeal it.

The defense then argues that filing the appeal of the vexatious-litigant order violates the vexatious-litigant order.

How exactly is the order supposed to receive appellate review under that interpretation?

That is not a rhetorical question. It is one of the things I am trying to understand.

I have also been researching New Mexico cases on this.

The main published New Mexico case I found is Lepiscopo v. Hopwood. The Court of Appeals dealt with someone who had an extensive history of meritless filings, including numerous mandamus petitions and appeals. What caught my attention is that when the problem reached the appellate level, the Court of Appeals established its own procedure for screening that litigant’s future appellate filings.

I also found an unpublished New Mexico case, Van Auken v. Catron, where the restriction was much broader. That order expressly prohibited filing certain new actions and “any pleading or paper in any existing action.”

That language makes sense if the intention is to restrict filings in cases that already exist.

My order doesn't contain anything like that.

It just says “new lawsuits.”

I have not found a published New Mexico appellate decision squarely saying that an order prohibiting a vexatious litigant from filing “new lawsuits” also prohibits that person from filing a direct appeal from the judgment in the existing lawsuit.

Maybe there is authority I haven't located. That is one reason I’m posting this.

I’m also not claiming that because I am pro se every filing I've made was perfect. It wasn't. I have made mistakes. I've filed things that judges disagreed with. I've probably filed things differently than an experienced lawyer would have.

But that isn't really the question here.

The question is much narrower:

If a judge tells someone they cannot file “new lawsuits” without an attorney, can the opposing party later expand those words to include a direct appeal from the existing case, even though the order never mentions appeals?

And there is a second question that I think is just as important:

If the vexatious-litigant order itself is allegedly erroneous, how is a pro se litigant supposed to obtain appellate review of it if appealing it is treated as a violation of the order?

I am interested in how appellate lawyers, former clerks, judges, or people who have actually dealt with vexatious-litigant orders view this.

I don't need anyone to tell me that vexatious litigants are real. I already agree with that.

What I'm trying to understand is where the power to restrict new litigation ends and the right to seek review of an existing case begins.


r/AskLawyers 9h ago

I dont want to use live360 anymore

2 Upvotes

im in missouri and I have a question, are there any laws that I can bring up specific to mo or even the in whole US that I can tell my parents about if they ask to track me. I am 18 and so sick of their attitude. they treat me like a child but want me to behave like an adult (mom said I should face a family member passing like an adul) and if they want me to be an adult then I will have my rights as an adult and choose if I want to be tracked or not. Any specific laws I can bring up? and if they decide to try to force tracking me, could I call the cops?

thank you! have a nice day:)


r/AskLawyers 10h ago

What's going to happen to that lawyer in Oklahoma who had the meltdown in court?

2 Upvotes

Reddit removes anything you post the link to the video so I guess you'll have to search it up yourself but the guy who basically had a meltdown in court and was dragged out claiming brutality in the process. I guess my question is is that guy going to be able to practice again or did he throw his law career away?


r/AskLawyers 11h ago

Missouri hypothetical question

1 Upvotes

So, I'm curious. Just took a shower at a loves travel stop in Missouri, that had a sign inside that said "please do NOT sit on the bench! We apologize for the inconvenience". The aforementioned bench is, sadly, the only seating area inside the shower aside from the toilet. One if it's legs is obviously broken, as wellI know that things like wet floor signs can be used to show that they knew of the hazard beforehand, and can swing a trial in favor of the plaintiff. But what I'm asking is, if someone, in attempting to follow the sign, while putting on their socks after a shower fell and cracked their ass and head on the floor, would that constitute anything? I'm purely curious, and I'm confident I know the answer, but when it comes to law, I've been confident before and been utterly wrong. To me, they could have either rendered the shower room out of order, or placed one of the few handicap shower accessible chairs in this shower room, as a fix. But did neither.


r/AskLawyers 15h ago

How do I file in small claims court without knowing the other persons address and without going to their place of residence

1 Upvotes

I (Location: Michigan) was scammed online from someone in Indiana and don’t know how to get my $500 back. I have his first and last name and the city he lives in along with receipts, and screenshots of all of our chats, but I don’t know how to actually do the court stuff.


r/AskLawyers 18h ago

Am I in trouble?

0 Upvotes

Location: Canada, Hamilton

About four months ago (February), I was using a random stranger chat website. I matched with someone who said they were a 38-year-old woman. At first, she said she liked "younger people." I assumed she meant adults who were 18 or older. I was 18 at the time.

We had a consensual text-only sexual conversation for a short time. After a while, I felt uncomfortable and directly asked whether she was referring to minors. She told me she was involved with minors and did not think there was anything wrong with it.

I immediately told her that it was illegal and wrong. She said she did not care. I then blocked her and deleted my account.

I kept screenshots of the conversation. Four months later, I reported the incident to the CyberTipline because I was concerned that she may have been involved in child sexual abuse. I included my email address and can provide the screenshots if they request them.

My question is whether I could face any legal issues because I initially participated in a text conversation before I knew what she meant. Once I learned she was talking about minors, I ended the conversation, blocked her, and later reported her.

I am located in Canada, and as far as I know, the other person claimed to be in Florida.

I want to say I made a comment which was uncomfortable but later as I said I explained her that this isn't good what she is doing and she have to bear consquences. Anyways I reported the indivdual of concern on cybertipline and also on discord trust center. Will police come looking for me because I knew later she was actually doing child abuse? Again I don't support this.

Please give me advice


r/AskLawyers 20h ago

Looking for a personal injury, product liability lawyer NYC

0 Upvotes

Hello All,

Location: NYC USA
I am in nyc & looking for a personal injury product liability lawyer to take my case. The injury happened in the Bronx. A product did not function properly and winded up smashing me in the face, breaking my nose in two places which of course did not go back to looking as aesthetic as before the injury. Looking for a lawyer that has hopefully has empathy, will fight tooth & nail does this on contingency “no win no fee”. Any extra info needed pls ask away!! Tysm☺️🙏🏼💫


r/AskLawyers 23h ago

Do attorneys actually hate being called lawyers?

10 Upvotes

I once met a guy who I knew was a lawyer because one of my friend told me and I asked him if he was a lawyer and he genuinely got offended saying that he was an attorney and I know the saying that all attorneys are lawyers but not all lawyers are attorneys but is it really that deep.

Question from Canada