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Ely
Ely, Counselor at Law
Category: Criminal Law
Satisfied Customers: 3057
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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I want to sue a person my business under Florida

Customer Question

I want to sue a person for destroying my business under Florida Statute 828.03 to Statute 828.23 and have them charged for animal cruelty, and have them fined and restitution of the value of the birds . And have them serve time in jail as this offense demands. They both earn around $10,000.00 a month so they can afford to pay.I have photos and Police report to these offences.
Submitted: 1 year ago.
Category: Criminal Law
Expert:  Hammer O'Justice replied 1 year ago.
Hello. So that I can best help you, can you explain what these people did?
Customer: replied 1 year ago.
my now ex- threw all my business records, letters, permits , business files in to the dumpster. That's one , While I was on a business trip she shot off the electric and the water to my aviaries while there was a freeze, interrupting the operation of the automatic heaters, causing the death by freezing of all my tropical birds as well as the birds of other people under my care. Falsely accused me of stalking to the Judge so a restraining order was put on my that I could not enter my business to feed and water the birds, The Judge had ordered her to feed and water them until the case was heard but she did not for ten days so the birds died ( animal cruelty, destruction of animals of an ongoing business enterprise) . At the hearing the Judge threw the case out for there was no stalking, I was just going to feed and water the birds. A freezer with two hundred bird specimens (valued at over $15,000.00) for taxidermy the electricity was disconnected and put outside the incubator room to the driveway under the sun by her and her paramour (Jojo Flores) --the freezer weight 125 pounds and the birds around 400 pounds for a total of 525 pounds--. Once or twice a month I would find missing birds from aviaries that the lock was on and the police inspecting did not find any holes or openings and noticed that there was a surveillance camera but on all 6 occasions their surveillance camera was not on (strange coincidence) even on a police report the officer commented after checking around that Gina B . Feliciano was messing around with the birds disepearance . There was a copy set of keys in the office inside the house ; that's why each time there was no broken locks and the police inspected the aviaries and found no holes or tears on the mesh wire aviaries from where the birds could have escaped. Total loss of birds : (1) In December 27-28 , 2013 , $23,400.00 , (2) the freezer taken outside the incubator room $15.000.00 --at least estimated value of the two hundred birds for taxidermy. -- (3) when Gina B. Feliciano accused falsely me of stalking ; total loss of birds that starved to death $2,300.00 and (4) six robberies of birds totaling $8,000.00 and all this with surveillance cameras not on those days of the robberies. All this was done when I was not around and to run my business to the ground , an ongoing animal enterprise by ecoterrorism.
Expert:  Hammer O'Justice replied 1 year ago.
Thank you for the additional information. If you want them to be charged with the animal cruelty, then you will need to file a police report and pursue charges through the police. If the police find that they are warranted based on your report, they will forward the charges to the prosecutor's office for further action. If the police refuse to press charges, then you may have to go directly to the prosecutor's office. In terms of a civil case, you cannot sue someone for violating a criminal law in this instance. However, you can sue for the damage that was done to your personal property and possibly the lost income resulting therefrom. Given the amount of money involved, you may want to consider hiring a lawyer for the civil case. While small claims (under $5000) are very easy for someone to handle without a lawyer because small claims court does not use the rules and procedures that regular court does, when you have a large claim, there is a great deal of legal work that has to be done and rules that must be followed that a non-lawyer would likely have some difficulty with. It is up to you and you can certainly try to proceed without counsel, but it will be a bit more difficult without an attorney.