Monthly Archives: June 2011

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 »

Reverses Order Dismissing Suit Entered Following Hearing Noticed Only as Status Conference

By Robin Bresky |

Marcline v. Florida Insurance Guaranty Association, 4D09-4948 May 25, 2011 The Fourth DCA recently reversed a trial court order dismissing the appellants’ case with prejudice entered following a status conference. The appellants had filed a claim with the Florida Insurance Guaranty Association (“FIGA”) after their insurer became insolvent. The appellants eventually sued for breach… Read More »

Specificity Needed to Support Jury Award for Lost Profits Based on Defamation, But Not for General Damages to Reputation

By Robin Bresky |

NITV, L.L.C. v. Baker, 4D10-1503 May 25, 2011 NITV appealed an adverse jury verdict in the amount of $575,000, based upon Baker’s defamation claim. Baker and NITV were in competition, as they both distributed and provided training for similar “truth verifier” software programs used by law enforcement agencies. NITV prepared two documents, one of… Read More »

Circumstantial Evidence Must Rebut Any Reasonable Hypothesis of Innocence to Withstand a Motion For Judgment of Dismissal

By Robin Bresky |

D.F.J. v. State of Florida, 4D10-1763 May 25, 2011 The Fourth District addressed a juvenile defendant’s appeal of conviction for aggravated battery and robbery with a weapon. The evidence showed that the defendant and codefendant were present in the victim’s backyard, drinking beer with the victim and another man. At some point, the victim… Read More »

Fourth DCA Holds Order Dismissing Action for Failure to Attend Case Management Conference Insufficient Without Finding of “Willful and Contumacious Conduct”

By Robin Bresky |

Dedmon and Kelly v. Kelly, 4D09-3572 May 18, 2011 The Fourth District wrote to address an appeal from an order of dismissal of appellants’ complaint for failure to appear at a case management conference. A clerk’s default was entered in favor of appellants, and the appellee’s motion to set aside default was denied by… Read More »