Category Archives: Attorney’s Fees

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Significant Caselaw: When Expert Testimony Is Not Required to Obtain an Award of Attorney’s Fees

By Robin Bresky |

April 1, 2020* Robin Bresky argued before the Fourth DCA and successfully defended an award of attorney’s fees involving an important issue of law. The Law Offices of Robin Bresky assisted the appellee, another law firm, in an appeal by that firm’s former client, a condominium association. The association challenged the fee award due… Read More »

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Attorney’s Fees and the Requirement of Expert Witness Testimony in Florida

By Robin Bresky |

July, 2019 A party to litigation in Florida is often entitled to recoup its reasonable attorney’s fees from the opposing party pursuant to a statute or a contract between the parties. Florida law requires in most cases that a party seeking its fees from the opposing party introduce the testimony of an expert witness… Read More »

Money

The Law Offices of Robin Bresky Serves as Expert Attorney’s Fee Witness for Homeowners Who Prevailed in Appeal Against HOA

By Robin Bresky |

September 20, 2017 Appellate attorney Jonathan Mann of The Law Offices of Robin Bresky recently served as an expert attorney’s fee witness on behalf of homeowners who prevailed in an appeal brought by their homeowner’s association (“HOA”). The homeowners prevailed at the county court level after a particularly long and drawn-out legal dispute regarding… 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 »

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 »

Florida Supreme Court Clarifies Procedure for Seeking Attorney’s Fees for Original Proceedings

By Robin Bresky |

Florida Supreme Court Clarifies Procedure for Seeking Attorney’s Fees for Original Proceedings There has been some confusion about when and how a party must seek prevailing-party attorney’s fees for an original proceeding in an appellate court under Rule 9.100, including petitions for writs of certiorari, mandamus, prohibition, habeas corpus, quo warranto, and “all writs.”… 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 »

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 »

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 »