Recent Blog Posts

Appeal

Law Offices of Robin Bresky Obtains Dismissal of Trustee’s Appeal for Lack of Jurisdiction

By Robin Bresky |

July 10, 2018* The Law Offices of Robin Bresky recently assisted an elderly client in obtaining dismissal of an appeal of an order in a probate proceeding. Our client was the beneficiary of a decedent’s will and trust. The Trustee initiated a probate case as the personal representative of the estate. Our client later… Read More »

bankrutcy

The Law Offices of Robin Bresky Successfully Provided Litigation Support in Opposing a Request for Attorney’s Fees

By Robin Bresky |

Our firm, through attorneys Robin Bresky and Jeremy Dicker, rendered litigation support in opposing a request for attorney’s fees at the state trial court level. Our clients were debtors in a Bankruptcy proceeding and we were retained following the Bankruptcy Court’s decision to authorize the state trial court to decide the attorney’s fees matter…. Read More »

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Appellate Court Grants Motion Filed By Law Offices of Robin Bresky On Behalf Of Client To Recategorize Appeal Of Permanent Injunction As Appeal From Non-Final Order

By Robin Bresky |

While Florida Rule of Appellate Procedure 9.130(a)(3)(B) might seem to indicate that only temporary injunction orders may be appealed as non-final orders under that rule, The Law Offices of Robin Bresky recently filed a successful motion asking the Third District Court of Appeal to treat an appeal from a Final Judgment of Injunction for… Read More »

Paternity

The Law Offices of Robin Bresky Successfully Appeals Denial of Client’s Due Process Rights By Trial Court’s Precluding Presentation of Case-In-Chief at Final Hearing, Which Was Fundamental Error

By Robin Bresky |

Recently, the Law Offices of Robin Bresky helped a mother obtain an appellate reversal of the final judgment in a paternity case. At the Final Hearing, the Father was afforded his right to present his case-in-chief. The trial judge stated repeatedly at the hearing that the Mother would have the same opportunity. However, due… Read More »

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Law Offices of Robin Bresky Successfully Defends Judgment in Favor of Injured Plaintiff from Challenge Alleging Improper Service of Process

By Robin Bresky |

May 10, 2018* Our firm recently obtained affirmance of a final judgment rendered in favor of our client, a plaintiff who was injured after tripping and falling over uneven and misaligned concrete located on the defendant’s property. The plaintiff’s process server served the defendant with the lawsuit by personal service on the defendant’s registered… Read More »

Mortgage

The Fourth District Court Of Appeal Disapproves The Clerk Of The Court’s Practice Of Backdating Judgments

By Robin Bresky |

In Guy v. Plaza Home Mortgage, Inc., Case No. 4D17-3335 (Fla. 4th DCA Apr. 25, 2018), the summary judgment hearing in a foreclosure case was held on an afternoon in September of 2017. However, the lower tribunal’s clerk’s office’s electronic time stamp revealed that the final judgment was filed approximately five hours before the scheduled hearing…. Read More »

Real Estate

Law Offices of Robin Bresky Secures Win for Condominium Association on Insurance Claim for Substantial Hurricane Wilma Damage

By Robin Bresky |

The Firm’s client, a condominium association for a community with eight buildings, over 400 residential units, a clubhouse and two pools, recently prevailed in an appeal from a Final Judgment based on the interpretation of insurance policy language concerning application of the policy deductible. The action arose from extensive hurricane/windstorm damage suffered by the… Read More »

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Law Offices of Robin Bresky Obtains Affirmance of Order Finding Unenforceable a Post-Judgment Settlement Agreement That Prevented Client from Contact with Family

By Robin Bresky |

Our firm recently helped a client obtain affirmance of a trial court order finding unenforceable a Post-Judgment Settlement Agreement that prohibited our client from having contact with various family and friends. The parties entered into the Post-Judgment Settlement Agreement (“PJSA”) shortly after the Final Judgment dissolving their marriage. The PJSA contained a provision that… Read More »

bresky-lawsuit

Law Offices of Robin Bresky Obtains Dismissal of Appeal for Lack of Prosecution

By Robin Bresky |

March 23, 2018 The Law Offices of Robin Bresky recently assisted an appellee client in successfully obtaining dismissal of an appeal of a postjudgment trial court order. Our client, who was the plaintiff in the trial court action, obtained a judgment in the trial court awarding our client appellate attorney’s fees incurred in a… Read More »

Car Accident

Law Offices of Robin Bresky Helps Injured Plaintiff Prevail in Appeal by Defendant Who Sought New Trial

By Robin Bresky |

The firm’s client, who was Plaintiff in a personal injury suit, recently prevailed in an appeal by the Defendant from an order denying the Defendant’s motion for new trial. The action arose from personal injuries sustained by our client in 2008, while driving in Miami-Dade County.  As our client cleared the intersection, a vehicle traveling… Read More »