Category Archives: 4th DCA Rulings

Landlord Tenant Bresky Appellate

Law Offices of Robin Bresky Successfully Obtains Entitlement to Attorney’s Fees for Landowner in Suit Against Community

By Robin Bresky |

November 16, 2018* The Law Offices of Robin Bresky recently assisted a landowner in obtaining entitlement to attorney’s fees in a lawsuit brought against him by his community regarding termination of his membership in the community and nuisance. The community sued the landowner for declaratory judgment and nuisance, seeking a ruling that certain actions… Read More »

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Law Offices of Robin Bresky Obtains Order Denying Discretionary Review of Probate Matter in Florida Supreme Court

By Robin Bresky |

October 25, 2018* The Law Offices of Robin Bresky recently assisted an elderly client in obtaining dismissal of a trustee’s attempt to take a probate proceeding to the Florida Supreme Court. Our client was the beneficiary of a decedent’s will and trust. The Trustee initiated the probate case as personal representative of the estate…. Read More »

bresky-lawsuit

Law Offices of Robin Bresky Obtains Reversal of Order Granting Summary Judgment

By Robin Bresky |

August 17, 2018* The Law Offices of Robin Bresky recently assisted a chiropractic care center in obtaining reversal of a county court order granting final summary judgment in favor of an insurance company that our client had sued. Our client provided medical treatment to an insured patient following a car accident. Our client later… Read More »

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Law Offices of Robin Bresky Succeeds in Appeal of Permanent Injunction for Protection Against Dating Violence

By Robin Bresky |

August 8, 2018* The Law Offices of Robin Bresky recently assisted a client in obtaining a per curiam affirmance of a restraining order protecting him against violence by his former girlfriend. At the trial court level, the Petitioner filed a sworn petition for injunction for protection against dating violence pursuant to section 784.046, Florida… Read More »

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 »

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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 »

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 »

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 »