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Q: Can I include a counter-lawsuit in my eviction response?
I have been served with an eviction summons and will be responding accordingly. My response will include: a Motion to Determine Rent, and evidence of retaliation and negligence against the property management. I provided a 7-day notice to the management, followed by a call to code compliance, which... View More 
Andrey Mangushev
answered on Nov 2, 2026
answered on Nov 2, 2026
Being served with an eviction summons while also dealing with code violations in your home is stressful, and Florida law gives tenants real defenses, but the procedure is strict. If the case is based on nonpayment of rent, Fla. Stat. 83.60(1)(a) allows you to defend on the ground of a material... View More
Q: Can I sue my Florida attorney for legal malpractice?
I engaged an attorney in Florida who settled a claim on 09/07/2025 regarding a false background report, despite my written instructions to halt negotiations until 3 pending reports, published on 08/29/2025, could be considered. Recently, I discovered that my attorney also hid a demand letter dated... View More
Andrey Mangushev
answered on Nov 2, 2026
answered on Nov 2, 2026
Feeling that your lawyer settled over your written instruction to wait, and did not disclose a demand letter that left out the later reports, is a serious concern and worth taking seriously. Under Rule 4-1.2(a) of the Rules Regulating The Florida Bar, a lawyer must abide by a client's decision... View More
Q: What can I do if my co-owner is underinsured for bodily injury on a shared truck?
I am a primary co-owner of a truck that is driven and insured by the co-owner. He does not have bodily injury coverage. Although he has driven the truck for three years without any accidents, I'm concerned about financial risks due to underinsurance. Should I purchase bodily injury coverage... View More
Andrey Mangushev
answered on Nov 2, 2026
answered on Nov 2, 2026
Worrying about financial exposure when you are an owner of a truck that someone else drives, and he carries no bodily injury coverage, is reasonable, because ownership can carry liability even when you are not behind the wheel. Under Fla. Stat. 324.021(9)(a), the person who holds legal title is... View More
Q: Mechanics damaged my engine during test drive. What are my options?
I took my car to a mechanic in Florida due to check engine and oil lights on the dashboard, although the car seemed to drive and sound fine. After dropping it off on Thursday, by Friday, they diagnosed it as an oil sensor issue with a specific cost for repair. However, upon retrieval, they said the... View More
Andrey Mangushev
answered on Nov 2, 2026
answered on Nov 2, 2026
Having your engine fail after you left the car with a shop for a diagnosis, and then hearing that it blew during a test drive, is stressful and expensive, and Florida has a statute written for repair disputes. Under the Florida Motor Vehicle Repair Act, Fla. Stat. 559.905(1) requires a shop to... View More
Q: Points for victim injury in Maryland sentencing guidelines?
In Maryland, if an individual is acquitted of homicide counts due to a self-defense instruction from the jury, but is convicted for possession of a firearm under the age of 21, will they receive points for victim injury on their guidelines worksheet at sentencing?
Mark Oakley
answered on Nov 2, 2026
answered on Nov 2, 2026
They should not. The injuries are unrelated to the crime on which the conviction rests, and directly relate to the acquitted charge. Even if the Guidelines somehow do not take into account this distinction, the judge should exercise their discretion and not impose a sentence based upon it. The... View More
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