Legal Question in Civil Rights Law in Florida

Property damage

I have filed a small claims suit for damages caused to the front door of my property. The tenant at the property called the police for an incident in which she reported that her relative kicked and damaged the door. The police report states the tenant told him she observed the door being kicked.I have subpeoned the tenant but am not sure what she will say. The report indicates the charge is criminal mischief, but I have been unable to get info. from the state's attorney re: whether they will proscecute. The defendant states she did not kick the door. The police report states he observed dents. I also have photos of damage to the door frame. My questions are: Is the police report admissable or should I subpeona him? Do I need to have the repairs made before court or will estimates of work be allowed? The defendant wants her coworker to make the repairs and does not feel the whole door needs to be replaced. Do I have the right to chose the person to do repairs? Do I have the right to request that the door and frame be replaced versus attempts to patch the frame? Thank you for your assistance.


Asked on 8/19/02, 7:08 pm

1 Answer from Attorneys
Charles Aspinwall Charles S. Aspinwall, J.D., LLC

Re: Property damage

1. It is best to subpoena the officer - the report is hearsay; 2. the repairs need not be completed - a reliable estimate is OK - it is best to have three; 3. you have the right to decide who performs the repairs, and should select only a qualified service company; 4. you are entitled to have the door and frame restored to its original condition prior to the damage.

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Answered on 8/19/02, 7:16 pm


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