Category Archives: Arbitration

Foreclosure

Fourth DCA Clarifies Standards for E-Notes in Foreclosure Cases and Reminds Appellants of the Need to Preserve Arguments

By Robin Bresky |

Rivera v. Wells Fargo Bank, N.A., et al., Case No. 4D14-2273 (Fla. 4th DCA, April 20, 2016)* In a recent foreclosure case that was based on an electronic promissory note (“e-note”), the borrowers raised four arguments in their appeal to Florida’s Fourth District Court of Appeal (“Fourth DCA”). The Fourth DCA decided that two… Read More »

Florida Supreme Court Clarifies Standards for Enforcement of Arbitration Clauses

By Robin Bresky |

Florida Supreme Court Clarifies Standards for Enforcement of Arbitration Clauses On March 20, 2014, the Florida Supreme Court decided Basulto v. Hialeah Automotive, 39 Fla. L. Weekly S 140, concerning whether a buyer was required to arbitrate a dispute with a seller. The Supreme Court clarified that courts, when asked to enforce an arbitration… 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 »

Fourth DCA Reverses Order Granting Attorney’s Fees in Lemon Law Arbitration as “Damages” Under Section 681.112(1), Fla. Stat.

By Robin Bresky |

Chrysler Group, LLC v. Musacchia, 4D10-212 June 8, 2011 The Fourth District Court of Appeal recently reversed a trial court decision granting a claim for attorney’s fees under section 681.112(1), Florida Statutes (2006).  The Musacchias filed a successful arbitration action against Chrysler with the Lemon Law New Motor Vehicle Arbitration Board after they experienced… Read More »

The Law of the Case Doctrine – Win at the Third DCA against Luxury Automotive Dealership

By Robin Bresky |

The law of the case doctrine states generally that questions of law that actually have been decided on appeal must govern the case in the same court and in the trial court through all subsequent states of the proceedings. State Dept. of Revenue v. Bridger, 935 So. 2d 536, 538 (Fla. 3d DCA 2006)…. Read More »