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Legalease
Legalease, Lawyer
Category: Legal
Satisfied Customers: 16289
Experience:  15 years exp all aspects of general law
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Now you tell me your not a Florida atty. so i think you are

Customer Question

Now you tell me your not a Florida atty. so i think you are not spot on .So I will go back in time with you on 2 different links i gave you 5 stars .I . i looked up the statute per 48.031Service of process generally; service of witness subpoenas.—
(1)(a)Service of original process is made by delivering a copy of it to the person to be served with a copy of the complaint, petition, or other initial pleading or paper or by leaving the copies at his or her usual place of abode with any person residing therein who is 15 years of age or older and informing the person of their contents...No process service was left at the house where I am homesteaded or where i am voter registered. I was never served a subpoena, because :
Process service was handed to my brothers attorney's office. My brothers atty called the opposition atty. asked for the service to be dropped there, not representing me the deaf person..... dropped ie at my brothers atty's office. But my name was on the suit, as co defendant ....but where the process occurred, that law office was not my attorney, I never saw anything in the plaintiffs brief, or its exhibits etc. so i was wondering how process serve could have ever been performed legally in Florida only .2. I had given you dates triggering the actions back to 2001 then 2005 & 2010. Then you realized moments sa go after i sated near 5-6 years have passed you saw the statutes ran. But I specified attorney have 2 year , then statutes run per errors Omissions malpractice are 6 years. But except for the FL bar rule i think i attached , when fraud is involved statutes are not tolled. . per FL bar rule 3-7.16 ... but you must not be familiar with my questions details for not being a FL atty.
That is what I was asking. Considering statute ran ....can a disabled person, discover differently than a normal due diligent Peron can, because a deaf person is mentally disabled , without hearing there is no knowledge to be experienced. .
You must know the common rules of Discovery ====by a reasonable due diligent person. But thats my point a deaf person can not be that person. please fill me in , take your time . I'm going off line now thank you .
Submitted: 9 months ago.
Category: Legal
Expert:  Legalease replied 9 months ago.

Hello again --

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1. Process service -- I did tell you that service of process does not have to be given to you personally and at many times can be left at the last address. Your looking up the statute does not really change that. My second comment there was that if there had been a default judgment then you might be able to go back and reopen the case and attack the default due to improper service. When you told me a settlement had been reached I then told you it was not possible to reopen it on service of process grounds when someone appeared and defended the case.

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3. First, I thought you were referring to the statute of limitations on your original lawsuit. The reason I referred you to the Florida Bar / Licensing Authority is that they are very good at determining when the statutes run and are tolled. Per the rules of Professional Conduct adopted in all states, they are the same in every state (I think maybe one or two states have not adopted these rules but the rest have -- that is why we can universally answer your questions). However, none of us are expected to know the statutes of limitations for all of these items off the tops of our heads and so we refer persons who have problems with local attorneys to their local law licensing authority. Look up the Rules of Professional Conduct for attorneys in any state that you wish to do so -- it will be the same as the FL rules.

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Overall, I find that you have a compelling argument but I do agree that you have a tendency to set things out in writing that are somewhat confusing to the regular non hearing disabled reader. This is most likely why the Florida Bar is having difficulties with your complaint and issues. My suggestion to find someone local to you to assist in writing up the complaints to the bar was a matter of believing that is the type of assistance that you need here. You are on the right track legally, even if some of your actions are barred by the statutes of limitations you still can file a complaint with the bar and they can take action at ANY time they wish to take action against any attorney licensed there.

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And I did practice in FL from 1999 to 2008 -- as well as NY, NJ, and CT but it was costing thousands every year in bar admissions and with the streamlining of most of the laws it was more cost effective to stay licensed in one state.

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MARY

Customer: replied 9 months ago.
This occurred once before, ( with JA.com site) the site will not accept when I click 5 stars with my mouse, per your response.
Expert:  Legalease replied 9 months ago.

Hello again --

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You can try it now? THANKS

Customer: replied 9 months ago.
Let me try again, in other words:
1. PROCESS SERVICE RECEIVED AT MY BROTHERS ATTORNEYS KEN C. ESQ'S OFFICE ( WHO IS NOT MY ATTORNEY)
So if the plaintiffs attorney B esq , received a call from K esq , (an attorney only representing my brother) asking for the suit he B esq had filed in Broward Co. court to please serve said legal process service on my brother KGM not me aka "M" , service was received at K esq's office, ( not at my home) in order fro K esq to speak to B esq about what the lawsuit is all about. This because 3 months had passed and I had never been served or given the opportunity to read the motion from petitioner B esq client Mr & Mrs L.**Background info that you Legalese may utilize:
* The 1st time in now over 6 years i have seen a copy of the FARBAR, ie the AS IS For sale of real estate. ( a form made by the Florida realty assoc in cooperation with the Florida bar Assoc.)
* I say this due to DISCOVERY RULES VIA STATUTES IN Florida & BAR RULES not to be DILATORY.
* I am not a normal , due diligent person, you now hear me say I'm trying to figure out how to explain bar infractions, fraud vs a deaf disabled person & my mother a frail mentally person this a crime in Florida under fs 825.103 Exploitation of an elderly person or disabled adult; penalties.— 825.103
“Exploitation of an elderly person or disabled adult” means: (1)
Knowingly, by deception or intimidation, obtaining or using, or endeavoring to obtain or use, an elderly person’s or disabled adult’s funds, assets, or property with the intent to temporarily or permanently deprive the elderly person or disabled adult of the use, benefit, or possession of the funds, assets, or property, or to benefit someone other than the elderly person or disabled adult, by a person who: (a)
Stands in a position of trust and confidence with the elderly person or disabled adult; or 1.
Has a business relationship with the elderly person or disabled adult; 2.
Obtaining or using, endeavoring to obtain or use, or conspiring with another to obtain or use an elderly person’s or disabled adult’s funds, assets, or property with the intent to temporarily or permanently deprive the elderly person or disabled adult of the use, benefit, or possession of the funds, assets, or property, or to benefit someone other than the elderly person or disabled adult, by a person who knows or reasonably should know that the elderly person or disabled adult lacks the capacity to consent; or (b)
Breach of a fiduciary duty to an elderly person or disabled adult by the person’s guardian or agent under a power of attorney which results in an unauthorized appropriation, sale, or transfer of property. (c)* with this statute my attorney JS Esq breached his fiduciary duty , fraudulently under a crime fs 825.103Therewith I wish you specify an answer considering i was never process served. Its really a simple question with gobs of background info. , if my brothers attorney received process service from himself My brother * not for me , was I process served , when tow parties i.e my brother & myself are the named defendants in the Buyers atty B esq motion for my breach of contract?
You see Leagal ease : I could not perform diligently or with any of the sale contracts timelines because my Realtor hid the contract from us, lied saying he was unaware of my mortgage, when factually many emails prove he was aware of the HELOC & the primary mortgage he simply was fraudulent when asking me to sign a contract that showed no mortgage i trusted my Realtor but he was lying all the way 11 months. Realtor did not show my home had a mortgagor . But the same Realtor was secretly representing the opposition, ie the buyer & their atty B esq.So B esq knew all this , knew the Realtor was aiding the buyer harming me the seller.
Customer: replied 9 months ago.
The above then leads to , DISCOVERY , & DURESS. I dint know how to pose the language of : SEVERE DURESS" WITH FRAUD & CONSPIRACY with both my realtor & my attorney . I was played as was my frail mother ( a granter of the quitclaim ) with with legal procedures till i broke down & gave in. Why because my atty twice said he had a conflict one by the opposition atty calling his partner asking & receiving legal advice. When I got wind of this I wrote the opposition atty B esq demanding to know why he asked for legal advice from my law firm, knowing I asked B esq to call my atty's office in June to be represented by my atty in B esq litigation. But from June tll Nov 27 when my atty Z esq emailed admitting his partner JS Esq gave legal advice to B esq. Then on Dec 8 my atty emailed its ok with B Esq the conflict is removed. So my atty gave no legal advice , yet he set mediation, then abandoned me again saying i said he drafted the defective quit claim deed. I never said that I never spoke to my atty Z esq s after 9 years passing. but that QC self cured itself by time as you & I agree yesterday. But B esq for the buyer didn't know this or avaideded it & my atty Z never in tose mere 8 days of representing me cited this statue 95.231
Customer: replied 9 months ago.
i MAY DRAFT A RESPONSE TO THE BaR , i wish TO HAVE SOME INSIGHTS PER severe duress upon elderly frail, & deaf disabled persons.I MUST HAMMER HOME fraud FOR FLORIDA BAR RULE fs RULE 3-7.16 LIMITATION ON TIME TO BRING COMPLAINT) Exception for Theft or Conviction of a Felony Criminal Offense. There shall be no limit on the time in which to present, reopen, or bring a matter alleging theft or conviction of a felony criminal offense by a member of The Florida Bar.(c) Tolling Based on Fraud, Concealment, or Misrepresentation. In matters covered by this rule where it can be shown that fraud, concealment, or intentional misrepresentation of fact prevented the discovery of the matter giving rise to the inquiry or complaint, the limitation of time in which to bring or reopen an inquiry or complaint within this rule shall be tolled.Quitclaim deeds are legal instruments that transfer ownership of a property. Specifically, they are used in instances where a property is jointly owned and both owners want to transfer complete ownership to just one of them. While the deed transfers rights of ownership "for all time," the parties do have an allowable time period during which either one can challenge the deed's validity. After that time period expires, however, a statute of limitations goes into effect, at which point the quitclaim may no longer be contested.In order to contest a quitclaim, a legal suit must be filed by one of the parties within the time frame before the start of the deed's statute of limitations. As long as the challenge is filed in time, it does not matter if the actual trial date is within the statute of limitations. Consult a lawyer if you wish to bring an action to court that contests a quitclaim deed.
Customer: replied 9 months ago.
legalese SINCE YOU ARE NOT A fl BARRED ATTY : i GIVE THIS , CONSIDERING IM IN PART HANGING MY HAT ON THIS FRAUD TO ARGUE AGAINST THE 6 YER SOLD RUNNING OUT.
:
RULE 3-7.16 LIMITATION ON TIME TO BRING COMPLAINT(a) Time for Inquiries, Complaints, and Reopened Cases. Inquiries raised or complaints presented by or to The Florida Bar under these rules shall be commenced within 6 years from the time the matter giving rise to the inquiry or complaint is discovered or, with due diligence, should have been discovered. A reopened disciplinary investigation shall not be barred by this rule if the investigation is reopened within 1 year of the date on which the matter was closed, except that reopened investigations based on deferrals made in accord with bar policy and as authorized elsewhere in these Rules Regulating The Florida Bar shall not be barred if reopened within 1 year of the conclusion of the civil, criminal, or other proceedings on which deferral was based.(b) Exception for Theft or Conviction of a Felony Criminal Offense. There shall be no limit on the time in which to present, reopen, or bring a matter alleging theft or conviction of a felony criminal offense by a member of The Florida Bar.(c) Tolling Based on Fraud, Concealment, or Misrepresentation. In matters covered by this rule where it can be shown that fraud, concealment, or intentional misrepresentation of fact prevented the discovery of the matter giving rise to the inquiry or complaint, the limitation of time in which to bring or reopen an inquiry or complaint within this rule shall be tolled.(d) Constitutional Officers. Inquiries raised or complaints presented by or to The Florida Bar about the conduct of a constitutional officer who is required to be a member in good standing of The Florida Bar shall be commenced within 6 years after the constitutional officer vacates office.
Expert:  Legalease replied 9 months ago.

Hello again --

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At this point, I think you might benefit from having a FL attorney answer your questions. There are several currently licensed FL attorneys here at Just Answer and I will ask the moderators to put you in touch with them.

MARY

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