Notable Cases

Appeal

Law Offices of Robin Bresky Helps Lawyer Pursue Fees for Services to Guardianship

By Robin Bresky |

May 10, 2017 The Law Offices of Robin Bresky recently obtained reversal of two crucial rulings in an order on three petitions for compensation filed by a lawyer who had represented a guardian. Bresky’s firm also helped the lawyer obtain an unconditional award of entitlement to appellate attorney’s fees. In the trial court, the… Read More »

Bresky_Divorce

Law Offices of Robin Bresky Obtains Reversal of a Final Judgment of Dissolution of Marriage Denying a Former Wife’s Petition for Relocation

By Robin Bresky |

June 7, 2017* Our firm recently obtained a reversal of the portion of a final judgment of dissolution of marriage denying a Former Wife’s petition to relocate with her two young children to Virginia. The appeal concerned a dissolution proceeding between a husband and wife who were married for twelve years and have two… Read More »

Divorce Appeal

Law Offices of Robin Bresky Obtains Affirmance of Order Awarding Former Wife Attorney’s Fees in Dissolution of Marriage Proceeding

By Robin Bresky |

April 13, 2017 Our firm recently obtained an affirmance in the appeals court of a Final Order on Attorney’s Fees and Costs (“Fee Order”) rendered by a trial court in favor of our client in a divorce proceeding. We represented the former wife in the former husband’s appeal of the Fee Order that was… Read More »

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Law Offices of Robin Bresky Assists Homeowner in Obtaining Dismissal of Appeal and Entitlement to Attorney’s Fees in Dispute Over Sale of Property

By Robin Bresky |

March 20, 2017 The Law Offices of Robin Bresky recently assisted a plaintiff homeowner in successfully obtaining dismissal of an appeal of trial court orders that gave him the power to complete the sale of the property despite the Defendant’s attempts to frustrate his efforts. The parties, who were not married, had previously purchased… Read More »

Bresky_Eminent Domain

Firm Prevails in Eminent Domain Appeal on Behalf of Landowner

By Robin Bresky |

City of Sunny Isles Beach v. Cavalry Corp., Case No. 3D15-1420, 42 Fla. L. Weekly D 232 (Fla. 3d DCA Jan. 25, 2017). The Law Offices of Robin Bresky, through Of Counsel attorneys Joanne Rose Telischi and Michele K. Feinzig, along with co-counsel Gerald B. Cope, Jr., and trial counsel J. Wiley Hicks, recently… Read More »

Bresky_Employment Law

Law Offices of Robin Bresky Wins Appeal on Behalf of Employer in Fair Labor Standards Act Case

By Robin Bresky |

Klein v. Floranada Warehouse and Storage, Inc., No. 16-11342 (11th Cir. Jan. 26, 2017).* The Law Offices of Robin Bresky, through Of Counsel attorney Michele Feinzig, recently won an appeal in the United States Court of Appeals for the Eleventh Circuit, on behalf of an employer who was sued by a former employee for… Read More »

Bresky_Probate

Firm Obtains Dismissal of Appeal on Behalf of Co-Personal Representatives of Estate in Florida-based Probate Case

By Robin Bresky |

The Law Offices of Robin Bresky, through Of Counsel attorney Michele Feinzig, successfully moved to dismiss an appeal on behalf of the Firm’s Appellee clients, the co-personal representatives of an estate in a Florida-based probate case.  The Appellants, potential heirs of the estate, had appealed a probate court order that denied their motion to… Read More »

Bresky_Divorce

Law Offices of Robin Bresky Obtains Reversal and Remand for Clarification of Inconsistency Between Final Judgment of Dissolution of Marriage and Parenting Plan

By Robin Bresky |

January 18, 2017 Our firm recently obtained the reversal and remand of a Final Judgment of Dissolution of Marriage for clarification of an inconsistency between the Final Judgment and the Parenting Plan. We represented the former wife in an appeal of a Final Judgment of Dissolution of Marriage. An issue of contention between the… Read More »

Bresky_Church

Law Offices of Robin Bresky Obtains Dismissal of Lawsuit Against Church and Pastor

By Robin Bresky |

Jackson v. The S Avenue Church of Christ of Riviera Beach, Inc., and Jonathan B. Young, Case No. 2015-CA-005206 (Fla. 15th Jud. Cir. Nov. 22, 2016) Our firm recently obtained dismissal of a lawsuit against a church and its pastor, that was brought by a group of disgruntled former church members. The church terminated… Read More »

Bresky_Insurance

Florida Supreme Court Determines Which Theory of Recovery Applies Under Insurance Policy When Both Included and Excluded Perils Converge to Cause Loss

By Robin Bresky |

Sebo v. American Home Assurance Company, Inc., Case No. SC14-897 (Fla. Dec. 1, 2016)* If your homeowner’s insurance policy includes coverage for rainwater damage but excludes construction defects, how should a court determine whether your loss is covered when your home suffers a loss where both factors clearly converge and act in concert and… Read More »

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Law Offices of Robin Bresky Prevails in Substantial Reduction of Client’s Prison Sentence

By Robin Bresky |

State vs. Walker, No. 2013-CF-3015 (Fla. 2d Cir. Ct. Nov. 10, 2016) Our client was sentenced to five years in prison following a conviction of burglary. At the time of the offense, our client was twenty-one years old and attending college, and he had no criminal record. While the appeal of his conviction and… Read More »

Automobile Accident

Firm Obtains PCA Upholding Trial Court’s Order Granting a New Trial

By Robin Bresky |

Voegeli v. McNutt, Case No. 4D14-4556, Opinion issued August 11, 2016 The Firm’s client, Tavares McNutt, recently prevailed in an appeal by the Defendant from an order granting McNutt a new trial.  The action below arose from a June 2011 automobile accident which caused McNutt, a pastor, to suffer serious injuries when the car… Read More »

Time-Sharing

Law Offices of Robin Bresky Obtains PCA Affirming Trial Court’s Orders in Child Time-sharing Contempt Proceeding

By Robin Bresky |

Case No. 4D15-2264 (Fla. 4th DCA, Oct. 20, 2016)* The Law Offices of Robin Bresky recently represented a father as the appellee opposing an appeal by the mother/former wife regarding a contempt proceeding involving child time-sharing. In the Fourth District Court of Appeal, the mother challenged an order denying her exceptions to the magistrate’s… Read More »

Commercial Dispute

Appellate Court Vacates Prematurely-Entered Order Granting Opponent’s Motion to Supplement Record on Appeal

By Robin Bresky |

A district court of appeal recently vacated a prematurely-entered order that had granted our opponent’s motion to supplement the record on appeal. We represent the appellant in an appeal stemming from a commercial dispute over a limited liability company. The appellate briefs have not yet been filed. There was also a separate derivative action… Read More »

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Law Offices of Robin Bresky Successfully Defends Against Motion to Stay Pending Appeal of Order Awarding Former Wife Her Attorney’s Fees

By Robin Bresky |

The Law Offices of Robin Bresky recently successfully defended against a motion to stay pending appeal directed at a family court order awarding our client her attorney’s fees. The trial court entered an order (“Fees Order”) that awarded our client her attorney’s fees following the dissolution of the parties’ marriage and directed that the… Read More »

Landlord Tenant Bresky Appellate

Third DCA Denies Appellees’ Motion for Rehearing of Opinion Reversing Summary Final Judgment That Was in Favor of Landowner and Lessee

By Robin Bresky |

Grimes v. Family Dollar, Case No. 3D14-1874 (Fla. 3d DCA, May 4, 2016), rehearing denied, June 30, 2016.* The Law Offices of Robin Bresky recently obtained reversal of a final judgment that was in favor of a landowner and lessee who were alleged to be negligent in maintaining their premises and failing to warn… Read More »

Probate Bresky Apppellate Law

“Filing” Means Electronic Filing: Law Offices of Robin Bresky Wins Affirmance of Trial Court Order Disallowing Claim Submitted to Clerk in Paper Form

By Robin Bresky |

United Bank v. Estate of Frazee, Case No. 4D15-826 (Fla. 4th DCA, July 13, 2016)* UPDATE: Mandate issued on September 2, 2016. The Law Offices of Robin Bresky recently obtained affirmance of a trial court order that found a bank’s claims against a decedent’s estate untimely. The appeal required the Fourth DCA to examine… Read More »

Domestic Violence Case - Bresky Appellate

Law Offices of Robin Bresky Wins Reversal of Trial Court Order Summarily Denying Petition for Injunction Against Domestic Violence Without a Hearing

By Robin Bresky |

July 13, 2016* The Law Offices of Robin Bresky recently obtained reversal of a trial court order summarily denying a petition for injunction against domestic violence without a hearing. The petitioner filed a form petition in circuit court, checking the boxes on the form indicating that she was a victim of domestic violence or… Read More »

Divorce Appeal

Law Offices of Robin Bresky Assists Former Husband in Obtaining Disqualification of Judge in Dispute After Dissolution of Marriage

By Robin Bresky |

The Law Offices of Robin Bresky recently assisted a pro se former husband in successfully obtaining disqualification of the trial judge presiding over a dispute that arose after the dissolution of the parties’ marriage. The former wife had filed a motion for contempt and enforcement, seeking to compel the former husband to convey foreign… Read More »

Bresky_Divorce

Law Offices of Robin Bresky Wins Affirmance of Trial Court Ruling Denying Mother’s Request for Attorney’s Fees, Awarding Father Attorney’s Fees, Imputing Income to Mother, and Awarding Rotating Timesharing

By Robin Bresky |

Gonzalez v. Walker, Case No. 4D14-4013 (Fla. 4th DCA, May 18, 2016)* The Law Offices of Robin Bresky recently obtained an affirmance on appeal in favor of our client on a number of important disputed issues between the parties. We represented the father in the appeal. The trial court had held a trial and… Read More »

Bresky_Miranda

Law Offices of Robin Bresky Obtains Unanimous Decision as Co-counsel in Supreme Court of Florida Appeal Addressing Use of Pre-Arrest, Pre-Miranda Silence Against Accused

By Robin Bresky |

State v. Donna Horwitz, SC15-348 (Fla., May 5, 2016).* On May 5, 2016, the Supreme Court of Florida issued a unanimous decision in favor of our client in an appeal that is likely to have substantial consequences for police-citizen encounters and criminal defendants across the state. Board-certified appellate specialist Jonathan Mann of The Law… Read More »

Appeal_Bresky

Firm Obtains Reversal of Order Denying Rule 1.540(b) Motion for Relief from Judgment

By Robin Bresky |

Richards v. Crowder, Case No. 4D15-4034 (Fla. 4th DCA, May 10, 2016)* In a recent appeal, The Law Offices of Robin Bresky represented an individual whose former girlfriend filed a petition for an injunction against him to seek protection from alleged stalking. Our client did not appear at the evidentiary hearing on the final… Read More »

Bresky_ParkingLot_Cone

Who’s Afraid of the Big Bad Wolf?: The Law Offices of Robin Bresky Wins Reversal of Summary Final Judgment; Now the Injured Plaintiff Can Proceed to Seek Recovery from the Landowner and Lessee

By Robin Bresky |

Grimes v. Family Dollar Stores, Case No. 3D14-1874 (Fla. 3d DCA, May 4, 2016)* On behalf of an injured plaintiff, The Law Offices of Robin Bresky recently obtained reversal of a summary final judgment that was in favor of the defendants, the landowner and long-term lessee, which were allegedly negligent in the maintenance of… Read More »

Firm Helps Condominium Association Obtain Reversal of Order that Dismissed Construction Law Case

By Robin Bresky |

Case No. 4D14-1880, Opinion issued January 20, 2016, Order on Rehearing Issued March 2, 2016* The Firm’s client, Townhouses at Jacaranda Condominium Association, Inc., recently prevailed in an appeal it took from an order dismissing its case against two construction contractors. Of Counsel attorney Michele K. Feinzig worked on the appeal with Townhouses’ trial… Read More »

What Is It, How Much Is It Worth, and Who Gets It?: Fourth DCA Reverses Final Judgment of Dissolution for Failure to Include Required Findings as to Equitable Distribution

By Robin Bresky |

Joseph W. Pierre v. Marie C. Pierre, Case No. 4D14-1651 (Fla. 4th DCA, February 24, 2016)* Florida law requires that certain trial court rulings in family court cases, such as those on equitable distribution and alimony, must be supported with specific written findings. The written findings allow an appeals court to review the trial… Read More »

Law Offices of Robin Bresky Co-Counsels for Respondent in Supreme Court of Florida Appeal Addressing Use of Pre-Arrest, Pre-Miranda Silence Against Accused

By Robin Bresky |

State v. Donna Horwitz, SC15-348 The Supreme Court of Florida is currently considering an appeal that could have substantial consequences for criminal defendants across the state. Jonathan Mann of the Law Offices of Robin Bresky is serving as co-counsel for the Respondent, Donna Horwitz. Ms. Horwitz was convicted of first-degree murder with a firearm… Read More »

FIRM OBTAINS REVERSAL OF ORDER COMPELLING MEDIATION AND ARBITRATION

By Robin Bresky |

MuniCommerce, LLC v. Navidor, LTD, Case 4D15-169 (Fla. 4th DCA, Feb. 3, 2016)* In a recent appeal, The Law Offices of Robin Bresky represented a company that offers merchant accounts and payment solutions for merchants. The company appealed from a non-final order compelling mediation and arbitration with a former independent sales agent, with whom… Read More »

The Firm’s Of Counsel Lawyers Win Consolidated Appeal of Final Judgment and Attorney’s Fee Order in Breach of Contract Dispute Against Delinquent Law Firm Over Earned Legal Fees: Michele K. Feinzig, P.A. and Joanne Rose Telischi, P.A. v. ***, 176 So. 3d 305 (Fla. 3d DCA 2015), Case Nos. 3D14-2539 and 3D14-904.

By Robin Bresky |

Firm lawyers Michele K. Feinzig and Joanne Rose Telischi recently won a consolidated appeal at the Third District Court of Appeal as not only counsel of record, but also actual parties in the case (through their individual professional associations). Prior to becoming Of Counsel to the Bresky Firm, Michele K. Feinzig, P.A. (“Feinzig”) and… Read More »

Firm Obtains Appeal Dismissal in Probate Matter

By Robin Bresky |

Priscilla Sodaro, et al v. The Estate of Joseph Nicholas Sodaro, Case No.:4D14-2991, Appeal Dismissed February 18, 2015 The firm, through Of Counsel attorney Joanne Rose Telischi, successfully moved to dismiss an appeal on behalf of its Appellee clients, the personal representatives of an estate in a Florida-based probate case. The Appellants, potential heirs of… Read More »

Firm Obtains Appeal Dismissal in Family Law Matter

By Robin Bresky |

Constance Boyd v. Alice Llaurado, Case No. 3D14-1133, Appeal Dismissed February 13, 2015 The firm, through Of Counsel attorney Michele Feinzig, recently ghostwrote a successful motion to dismiss an appeal on behalf of a client who had obtained a favorable ruling in the trial court. The client was sued by her young daughter’s grandmother for… Read More »

Law Offices of Robin Bresky Obtains Ruling in Petition For Writ of Certiorari in Probate Matter

By Robin Bresky |

Law Offices of Robin Bresky Obtains Ruling in Petition For Writ of Certiorari in Probate Matter Stockinger, et al. v. Zeilberger, et al., Case No. 3D14-550, Opinion issued November 19, 2014 The firm, through Of Counsel attorney Michele Feinzig, recently obtained an advantageous ruling in a Petition for Writ of Certiorari proceeding we filed… Read More »

Law Offices of Robin Bresky Wins Reversal of Order Basing Father’s Child Support Obligation on Abnormally High Income Year

By Robin Bresky |

Law Offices of Robin Bresky Wins Reversal of Order Basing Father’s Child Support Obligation on Abnormally High Income Year Rudnick v. Harman, Case No. 4D13-1359 & 4D13-1364 (Fla. 4th DCA, January 28, 2015)* The Law Offices of Robin Bresky recently obtained the reversal of a trial court order that erroneously based our client’s child… Read More »

Law Offices of Robin Bresky Successfully Defends Motion for Appellate Attorney’s Fees Based on Failure to Apportion Settlement Offer

By Robin Bresky |

Law Offices of Robin Bresky Successfully Defends Motion for Appellate Attorney’s Fees Based on Failure to Apportion Settlement Offer The Law Offices of Robin Bresky recently successfully defended against a motion for appellate attorney’s fees based on opposing counsel’s failure to apportion a settlement offer. The case concerned the Defendant’s failure to pay for… Read More »

Law Offices of Robin Bresky Helps Father Obtain Co-Guardianship of Developmentally Disabled Adult Daughter

By Robin Bresky |

Law Offices of Robin Bresky Helps Father Obtain Co-Guardianship of Developmentally Disabled Adult Daughter The Law Offices of Robin Bresky recently assisted a father and his trial counsel in obtaining co-guardianship of the father’s developmentally disabled adult daughter over the objections of his ex-wife. Our client’s ex-wife, who is the girl’s mother, filed a… Read More »

Law Offices of Robin Bresky Obtains Affirmance of Order Ruling that Obligation in Property Settlement Agreement Did Not Apply to Non-Probate Assets

By Robin Bresky |

Richard Weil, Robert F. Weil, & Nancy Nittolo vs. Kathleen K. Weil, etc. et al. Case No. 4D13-4277 (Fla. 4th DCA, November 26, 2014) The Law Offices of Robin Bresky, with appellate co-counsel and trial counsel Amy Beller, recently obtained a per curiam affirmance of a trial court order in our client’s favor in… Read More »

Fourth DCA: Ruling Designating Keys Father Primary Residential Parent When Child Begins School Does Not Constitute Improper Prospective Relocation Order

By Robin Bresky |

Fourth DCA: Ruling Designating Keys Father Primary Residential Parent When Child Begins School Does Not Constitute Improper Prospective Relocation Order Krift v. Obenour, Case No. 4D13-1151 (Fla. 4th DCA, November 5, 2014) The Law Offices of Robin Bresky recently obtained a decision in our client’s favor in the Fourth DCA in a case regarding… Read More »

Motions for Recusal: Effective Tool for Litigants Faced With Judges They Perceive as Biased

By Robin Bresky |

Motions for Recusal: Effective Tool for Litigants Faced With Judges They Perceive as Biased In addition to handling appeals, the Law Offices of Robin Bresky frequently provides litigation support to attorneys and sometimes to pro se litigants (individuals who represent themselves without an attorney appearing on their behalf). Our firm recently assisted a pro… Read More »

Law Offices of Robin Bresky Wins Rehearing of Order Holding Former Husband in Contempt for Failure to Pay Alimony

By Robin Bresky |

Law Offices of Robin Bresky Wins Rehearing of Order Holding Former Husband in Contempt for Failure to Pay Alimony The Law Offices of Robin Bresky recently succeeded on a motion for rehearing of an order that had held our client in contempt for failure to pay alimony. The parties’ marriage was dissolved in 2009…. Read More »

Law Offices of Robin Bresky Wins Reversal of Summary Judgment in Homeowner’s Dispute Over Condo Association’s Use of Chemical Pesticides**

By Robin Bresky |

Law Offices of Robin Bresky Wins Reversal of Summary Judgment in Homeowner’s Dispute Over Condo Association’s Use of Chemical Pesticides Small v. Devon Condominium B Ass’n, Inc., 4D10-2302, 4D10-5243, 4D11-247, and 4D11-4110 The Law Offices of Robin Bresky recently won reversal of a trial court’s order granting summary judgment for a condominium association against a… Read More »

Alter Egos No More! Law Offices of Robin Bresky Assists with Unique California Appeal

By Robin Bresky |

Alter Egos No More! Law Offices of Robin Bresky Assists with Unique California Appeal The Law Offices of Robin Bresky was retained in 2013 to assist two California attorneys with an appeal in Los Angeles. We researched and drafted portions of the briefs and assisted in editing and polishing the drafts into cohesive products,… Read More »

Law Offices of Robin Bresky Wins Affirmance of Final Summary Judgment Finding Condominium Purchaser Entitled to Benefit of Safe Harbor Statute

By Robin Bresky |

Law Offices of Robin Bresky Wins Affirmance of Final Summary Judgment Finding Condominium Purchaser Entitled to Benefit of Safe Harbor Statute The Plaza Condominium Ass’n, Inc. v. BAC Home Loans Servicing, L.P., 5D12-4354 The Law Offices of Robin Bresky recently successfully defended an appeal by a condominium association of a final summary judgment finding… Read More »

Firm Obtains Writ Disqualifying Judge from Presiding over Family Law Case

By Robin Bresky |

Firm Obtains Writ Disqualifying Judge from Presiding over Family Law Case Ballard v. Campbell, 4D13-2098 The Father in a post-dissolution family-law dispute had twice filed motions asking the judge to disqualify herself because of the appearance of partiality. One motion was based on a letter where the judge disclosed that she had been personally… Read More »

Law Offices of Robin Bresky Obtains Affirmance of Foreclosure Judgment

By Robin Bresky |

Law Offices of Robin Bresky Obtains Affirmance of Foreclosure Judgment Silverthorne v. Aurora Loan Services, 3D11-2824 & 3D12-1056 The Third District Court of Appeal recently affirmed a foreclosure judgment in favor of the lender, for whom the Law Offices of Robin Bresky was lead appellate counsel. The homeowner raised numerous issues in her two… Read More »

Law Offices of Robin Bresky Obtains Reversal and Remand on Rehearing in Emergency Temporary Guardianship Appeal

By Robin Bresky |

Law Offices of Robin Bresky Obtains Reversal and Remand on Rehearing in Emergency Temporary Guardianship Appeal Martinez v. Cramer, 4D13-405 In August of 2013, the Fourth District Court of Appeal (“Fourth DCA”) clarified a crucial point of guardianship law: the time at which the trial court must appoint counsel for an alleged incapacitated person… Read More »

Law Offices of Robin Bresky Wins Affirmance of Grant of Summary Judgment of Foreclosure and Dismissal of Counterclaims in Suit by Subcontractor Against Lender’s Assignee

By Robin Bresky |

Law Offices of Robin Bresky Wins Affirmance of Grant of Summary Judgment of Foreclosure and Dismissal of Counterclaims in Suit by Subcontractor Against Lender’s Assignee Pro-Frame Contracting, Inc. v. Highfields Development, LLC, 4D12-1886 The Law Offices of Robin Bresky successfully defended against an appeal by a subcontractor from a summary judgment of foreclosure and… Read More »

Writs, Lies, and Videotape: Law Offices of Robin Bresky Prevails in Certiorari Proceeding Over Timing of Production of Store Video Surveillance Showing Plaintiff’s Injury

By Robin Bresky |

Writs, Lies, and Videotape: Law Offices of Robin Bresky Prevails in Certiorari Proceeding Over Timing of Production of Store Video Surveillance Showing Plaintiff’s Injury Whole Foods Market Group, Inc. v. Classie, 4D13-43 The Law Offices of Robin Bresky successfully defended against a petition for writ of certiorari filed by the defendant in a personal… Read More »

Law Offices of Robin Bresky Obtains Disqualification of Judge in Guardianship Case

By Robin Bresky |

Law Offices of Robin Bresky Obtains Disqualification of Judge in Guardianship Case Fourth DCA Case 4D13-368 The Law Offices of Robin Bresky recently prevailed in an original proceeding, a petition for writ of prohibition, to prevent the trial judge from presiding over further proceedings in a guardianship case where our client is the spouse… Read More »

Law Offices of Robin Bresky Obtains Reversal of Order That Landlord Return “Advance Rent” Following Proper Termination of Tenant’s Lease

By Robin Bresky |

Law Offices of Robin Bresky Obtains Reversal of Order That Landlord Return “Advance Rent” Following Proper Termination of Tenant’s Lease Atlantis Estate Acquisitions, Inc. v. DePierro, 4D11-295 The Law Offices of Robin Bresky recently obtained reversal of a final judgment following trial, which ordered a landlord of residential property to return a large sum… Read More »

Jonathan Mann of Law Offices of Robin Bresky Obtains Reversal in Fifth District Court of Appeal of Final Judgment Modifying Timesharing Entered After Judge Disqualified Himself

By Robin Bresky |

Jonathan Mann of Law Offices of Robin Bresky Obtains Reversal in Fifth District Court of Appeal of Final Judgment Modifying Timesharing Entered After Judge Disqualified Himself Parnell v. Parnell, 5D12-785 Jonathan Mann of the Law Offices of Robin Bresky recently obtained reversal, in the Fifth District Court of Appeal, of a final judgment of… Read More »

Law Offices of Robin Bresky Obtains Affirmance of Final Judgment Based on Verdict for Plaintiff in Personal Injury Automobile Accident Suit

By Robin Bresky |

Law Offices of Robin Bresky Obtains Affirmance of Final Judgment Based on Verdict for Plaintiff in Personal Injury Automobile Accident Suit Garcia Rojas v. Aristizabal, 3D12-384 The Law Offices of Robin Bresky recently won an affirmance of a final judgment awarding our client damages for personal injuries he sustained in an automobile accident. Our… Read More »

Law Offices of Robin Bresky Obtains Affirmance of Order Limiting Successor Mortgagee’s Liability Following a Foreclosure Sale

By Robin Bresky |

Law Offices of Robin Bresky Obtains Affirmance of Order Limiting Successor Mortgagee’s Liability Following a Foreclosure Sale The Sterling Villages of Palm Beach Lakes v. The Bank of New York, 4D11-3008 The Law Offices of Robin Bresky recently won an affirmance of an order limiting a successor mortgagee’s liability to the homeowner’s association (“HOA”)… Read More »

Firm Obtains Reversal of Temporary Attorney’s Fees Award in Modification of Alimony Proceedings

By Robin Bresky |

Law Offices of Robin Bresky Obtains Reversal of Temporary Attorney’s Fees Award in Modification of Alimony Proceedings Giorlando v. Giorlando, 4D12-1220 The Law Offices of Robin Bresky recently won reversal of a trial court’s award of temporary attorney’s fees and costs in a petition for modification of alimony. The parties’ marriage was previously dissolved… Read More »

Unauthorized Practice of Law Order Reversed; Colorado Attorney’s Professional Reputation Vindicated

By Robin Bresky |

Bovino v. MacMillan, 4D11-3105 The Law Offices of Robin Bresky recently won reversal of a trial court’s erroneous order finding that our client/Appellant, a Colorado attorney, engaged in the unauthorized practice of law. The Appellant had a broad power of attorney (POA) relating to the financial affairs of a man that he represented in… Read More »

Michele K. Feinzig Wins Denial of Rehearing and Rehearing En Banc in Negligent Security Appeal, Obtains New Trial for the Plaintiff

By Robin Bresky |

Michele K. Feinzig, along with Plaintiff’s trial counsel, Scott Sheftall of Sheftall & Torres, P.A., represented the Plaintiff/Appellant in an appeal of a defense final judgment following a zero verdict in a negligent security case (Third DCA Case No. 3D10-975). The Plaintiff was robbed and then raped at gunpoint while working the graveyard shift as… Read More »

Undue Influence Argument Is Undone

By Robin Bresky |

Miller v. Bohan, 4D11-1169 The Law Offices of Robin Bresky recently won an affirmance of a final judgment in our client’s favor in an appeal involving a trust amendment. Our client’s remaining living sister brought a lawsuit against our client contesting the trust amendment their deceased sister had executed in favor of our client…. Read More »

No Time but the Present: Law Offices of Robin Bresky Wins Motion for Rehearing of Order Holding Former Husband in Contempt for Failure to Pay Attorney’s Fees Based upon Future Ability to Pay

By Robin Bresky |

The Law Offices of Robin Bresky recently won a motion for rehearing of an order of contempt that held our client in contempt for failure to pay an award of temporary attorney’s fees. We are in the process of appealing the underlying order requiring our client to pay fees to opposing counsel. The parties… Read More »

Law Offices of Robin Bresky Defeats Motion for Relinquishment of Jurisdiction

By Robin Bresky |

Law Offices of Robin Bresky Defeats Motion for Relinquishment of Jurisdiction In an appeal by a Former Husband who took his Former Wife’s jewelry and artwork, the Former Husband moved the Fourth District Court of Appeal to relinquish jurisdiction to the trial court. He argued that the trial judge should have an opportunity to… Read More »

There and Back Again: Recovering Appellate Attorney’s Fees After a Successful Appeal

By Robin Bresky |

The Law Offices of Robin Bresky recently obtained entitlement to appellate attorney’s fees in several appeals in which it prevailed. Additionally, Florida Rule of Appellate Procedure 9.400(a) provides that a prevailing party on appeal is entitled to recover its costs for litigating an appeal unless the appellate court orders otherwise. The recovery of appellate… Read More »

Law Offices of Robin Bresky Obtains Reversal of Order Denying Wife’s Attorney’s Fees and Attributing Wife Depleted Marital Assets

By Robin Bresky |

Goldstein v. Goldstein Case No. 4D10-3081 We represented a former wife in an appeal from an amended final judgment of dissolution of marriage. The trial court had denied our client her attorney’s fees and costs without making any findings as to our client’s need and the former husband’s ability to pay. Additionally, in the… Read More »

Law Offices of Robin Bresky Obtains Ruling Dispensing With Evidentiary Hearing And Awarding Client $660,611 Cash Distribution Following Appellate Win

By Robin Bresky |

Bell v. Bell, Case No. 4D10-5122 This was a divorce case with several contested issues regarding the parties’ assets. Our client, the former wife, appealed the final judgment of dissolution of marriage. The former husband cross-appealed. Our client’s main issues were (1) the trial court’s failure to award her half of the husband’s accounts… Read More »

Law Offices of Robin Bresky Successfully Defends Appellate Win In Favor Of Former Wife Against Motion For Rehearing

By Robin Bresky |

Hallac v. Hallac Case No. 4D10-4450 We represented a former wife in an appeal from the trial court’s order on opposing motions for attorney’s fees following trial. On appeal, our firm argued that it was legal error for the trial court to have used our client’s refusal of a settlement offer and the fact… Read More »

Law Offices of Robin Bresky Obtains Ruling Dispensing With Evidentiary Hearing Upon Remand Following Appellate Win

By Robin Bresky |

Bell v. Bell, 502007DR002692XXXXSB Case No. 4D10-5122 This was a divorce case with several contested issues regarding the parties’ marital and non-marital assets. Our client, the former wife, appealed the final judgment of dissolution of marriage. The former husband cross-appealed. Our client’s main issues were (1) the trial court’s failure to award her half… Read More »

Law Offices of Robin Bresky Obtains Reversal of Order Dismissing Nursing Home Abuse Case

By Robin Bresky |

Kaufman v. FS Tenant Pool III Trust Case No. 4D10-5122 We represented an elderly plaintiff who brought suit against a nursing home, through her daughter as power of attorney. Our client alleged multiple abuses by the nursing home in violation of its duty of care pursuant to sections 400.022(1), (2)(n) and (2)(o), Florida Statutes…. Read More »

Law Office of Robin Bresky Obtains Reversal Where The Trial Court Excluded Stocks As Marital Income, Failed To Identify Marital Property In Jamaica, and Abused Its Discretion In The Parenting Plan

By Robin Bresky |

Preudhomme v. Bailey Case No. 4D10-3262 Our firm challenged the trial court’s final judgment on behalf of a former wife claiming that the lower court erred in dividing the assets, calculating income of the husband, awarding an inadequate amount of alimony, calculating child support payable by the wife, and including overly restrictive parenting provisions…. Read More »

Law Offices of Robin Bresky Obtains Reversal of Child Support Order to Award Mother Her Child’s Uncovered Medical Expenses

By Robin Bresky |

Judkins v. Dep’t of Revenue and Jose Briceno Case No. 4D10-4579 We represented a mother in her appeal from the Department of Revenue’s child support order. The mother had sought an order requiring the father of her child to pay child support. Specifically, the mother’s application for child support enforcement sought financial contribution from… Read More »

Law Offices of Robin Bresky Obtains Reversal of Fee Award Against Former Wife Awarded Based on Rejection of a Settlement Offer

By Robin Bresky |

Hallac v. Hallac Case No. 4D10-4450 We represented a former wife in an appeal from the trial court’s order on opposing motions for attorney’s fees following trial. Early in the dissolution of marriage case, our client had rejected the former husband’s settlement offer and made a counteroffer. The case proceeded to trial and our… Read More »

Law Offices of Robin Bresky Obtains Affirmance of Summary Judgment Against Apartments That Sought to Evict Residents

By Robin Bresky |

Canterbury Apartments, Inc. v. Sokol, Case No. 10-21735 CACE (26); L.T. Case No. 09-7287 COCE (53) We represented the tenants of a unit of a co-operative apartment building. Prior to our involvement in the case, the apartment building management filed suit against our clients alleging five separate violations of the lease, corporation by-laws, and… Read More »

Law Offices of Robin Bresky Obtains Remand For Former Wife to Pursue Past-Due Alimony

By Robin Bresky |

Drdek v. Drdek, Case No. 4D10-3082 We represented a former wife who originally filed a motion for contempt shortly after the parties divorced, due to the former husband’s non-payment of alimony despite his recent receipt of significant income from social security. The trial court adopted the magistrate’s recommendation to deny former wife’s motion because… Read More »

Law Offices of Robin Bresky Obtains Per Curiam Affirmance of Order Dismissing Former Husband’s Petition For Modification of Alimony

By Robin Bresky |

Rice v. Rice Case No. 4D10-2523 We represented a former wife whose trial counsel succeeded in getting her former husband’s petition for modification of alimony dismissed, as well as attorney’s fees as a sanction. The parties had divorced in 2005 and entered into a Marital Settlement Agreement whereby the former husband paid the former… Read More »

Insureds’ Entitlement to Attorney’s Fees Resolved – Win at the Fourth District Court of Appeal

By Robin Bresky |

Rahabi v. FIGA Case No. 4D10-846* The issue on appeal was whether our clients were entitled to an award of attorney’s fees because FIGA affirmatively denied our clients’ claim under the insurance policy prior to paying the appraisal award. Our clients’ roof was damaged by Hurricane Wilma in 2005. Our clients sought coverage under… Read More »

Reversal Where Trial Court Did Not Properly Enforce Previous Fourth District Court of Appeal Mandate

By Robin Bresky |

Shinitzky v. Shinitzky Case No. 4D10-137 We represented a former husband whose marriage was dissolved by a final judgment in 2007. The final judgment ordered the former wife to pay our client half “of the value” of certain investment accounts held by the parties. The former wife appealed. The trial court denied the former… Read More »

U.S. Court of Appeals Reverses Summary Judgment Where Disputed Issue of Material Fact Exists – Win in Federal Appellate Court

By Robin Bresky |

VOIS, Inc. v. Michael Spindel and Edward Spindel, Case No. 10-15668-D We represented a corporation that had gone through multiple changes of ownership since issuing promissory notes to two of its investors and former directors, the Spindels. The corporation sued the Spindels for corporate wrongdoing, and the Spindels countersued claiming they were never paid… Read More »

Inequitable Distribution of Assets Resolved – Win at the Fourth District Court of Appeal:

By Robin Bresky |

Bell v. Bell This was a divorce case involving several issues regarding the parties’ marital and non-marital assets. Our client appealed and the opposing party cross appealed. Our client’s main issues were the trial court’s failure to (1) award her half of the husband’s accounts receivable from loans he made to his businesses; and… Read More »

Entitlement to Attorney’s Fees in Probate Matter Resolved – Win at the Supreme Court:

By Robin Bresky |

Carlin v. Javorek The issue was whether the Supreme Court should exercise its discretionary jurisdiction to review of the Fourth District Court of Appeal’s reversal of a trial court’s order denying an award of attorney’s fees to our client. The Fourth District Court of Appeal recently reversed a trial court decision holding that our… Read More »

Entitlement to Attorneys’ Fees Awarded Following Grant of Motion to Dismiss

By Robin Bresky |

Florida Rule of Appellate Procedure 9.400(b) states: A motion for attorneys’ fees may be served not later than the time for service of the reply brief and shall state the grounds on which recovery is sought. The assessment of attorneys’ fees may be remanded to the lower tribunal. If attorney’s fees are assessed by… Read More »

Appeal Dismissed in Favor of Client Where Unauthorized Under Appellate Rules

By Robin Bresky |

The issue was whether a trial court’s order denying exceptions to a general magistrate’s report and affirming the report, with several exceptions, was appealable as a final order or an appealable non-final order. We represented the Father of an infant child in a contentious custody dispute over timesharing and other issues. A general magistrate… Read More »

Trial Attorneys Take Note – 57.105 Motion Overturned and Express Malice for Defamation Expanded

By Robin Bresky |

The issue was whether the trial court abused its discretion in ordering our client and our client’s attorney to pay 57.105 attorney’s fees in a defamation action. Our client sued the opposing party for defamation after being forced out of business by the opposing party’s outrageous allegation that our client, a jeweler, replaced diamonds… Read More »

Is Expert Testimony Necessary for Attorney’s Fees Charging Lien?

By Robin Bresky |

The issue of whether the trial court erred in denying our client’s motion for attorney’s fees based on a charging lien merely because our client did not call an independent expert witness to testify concerning the reasonableness of the fees has been certified to the Florida Supreme Court. Our client, an attorney, represented the… Read More »

Entitlement to Attorney’s Fees in Probate Matter Resolved

By Robin Bresky |

The issue was whether our client was entitled to an award of attorney’s fees, under the settlement agreement between the parties and as a prevailing party, after the opposing party failed to honor certain provisions in their settlement agreement. After years of litigating a probate matter, our client and the opposing party entered into… Read More »

Resolved in Favor of the Innocent Co-insured

By Robin Bresky |

The issue as to whether or not an insurance company can deny coverage to an innocent co-insured based on the failure of a spouse to attend an examination under oath (EUO) was resolved in favor of our client, the innocent co-insured. Our client’s home was burglarized by an unknown assailant. The client preformed all… Read More »

In These Economic Times…

By Robin Bresky |

The economic downturn the country has been experiencing has affected families, individuals and corporations alike.  In Florida in particular, the insurance industry has been hard hit and eventually, the losses get passed down to the consumer.  In most cases, consumers will obtain insurance from underwriters who have contractual relationships with the actual providers.  The… Read More »