Category Archives: Bresky Appellate Cases

Electronic Patient Card

Creative Solution to Jurisdictional Issue Helps Firm Obtain Writ of Certiorari Protecting Elderly Lady’s Health Records

By Robin Bresky |

March 9, 2020* It is not easy to convince an appellate court to issue a writ of certiorari to quash a trial court’s order compelling discovery. The petitioner must demonstrate “a departure from the essential requirements of law that will cause material injury for which there is no adequate remedy by appeal.” Fla. R…. Read More »

lady-justice

The Law Offices of Robin Bresky successfully secures ruling in a case of national origin discrimination and retaliation

By Robin Bresky |

The Law Offices of Robin Bresky was recently successful in securing affirmance of a substantial verdict in favor of a former employee in a suit against her former employer for national origin discrimination and retaliation. The Plaintiff began working for the employer through a temp agency and was later hired full-time. Shortly thereafter, persons… Read More »

Bresky final_3822

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 »

Law Offices of Robin Bresky Obtains Disqualification of Trial Judge for Clients Before Attorneys’ Fee Hearing

By Robin Bresky |

In Florida, “every litigant is entitled to nothing less than the cold neutrality of an impartial judge.” State v. Parks, 141 Fla. 516, 194 So. 613, 615 (Fla. 1939). If a trial court judge says or does something that appears to indicate bias, prejudice, partiality, or prejudgment against a litigant, that party may have… Read More »

Jonathan Mann

Law Offices of Robin Bresky Assists Estate in Obtaining Per Curiam Affirmance of Order Sanctioning Plaintiffs and Plaintiffs’ Attorneys

By Robin Bresky |

The Law Offices of Robin Bresky recently assisted a defendant’s estate in defending the propriety of a sanctions order in an appeal by the plaintiff. The plaintiff sued the defendant after the defendant stopped payment on a check for goods to be purchased from the plaintiff. The defendant filed a motion for sanctions pursuant… Read More »

Daily Business Review Features The Law Offices of Robin Bresky’s Appellate Matter Holding the Disqualification of Trial Judge

By Robin Bresky |

Florida Rule of Judicial Administration 2.330 and section 38.10, Florida Statutes, govern the disqualification of trial judges. A party may seek to have a judge disqualified where the party “fears that he or she will not receive a fair trial or hearing because of specifically described prejudice or bias of the judge.” “The question… Read More »

father_litigation_support

Update: Minor Child Permitted To Relocate Out Of State to Reside With The Father After The Trial Court Granted A Motion For Rehearing In Favor Of The Father Who Received Litigation Support From The Law Offices Of Robin Bresky

By Robin Bresky |

Following the trial court’s dismissal of his Second Supplemental Petition to Permit Relocation with Minor Child in a paternity action, the Father retained the Law Offices of Robin Bresky to draft a Motion for Rehearing to be filed by trial counsel. The trial court granted the Motion for Rehearing, which effectively undid the dismissal order. Following… Read More »

Randall Burks

Law Offices of Robin Bresky Obtains Per Curiam Affirmance for Appellees in Ejectment and Conversion Case

By Robin Bresky |

The Law Offices of Robin Bresky in Boca Raton, Florida, recently helped its clients, who are landowners in Hendry County, to maintain the victory they had previously won in the trial court in a case involving the ejectment of squatters from their farmland and the assessment of damages for the squatters’ conversion of personal… Read More »

Robin Bresky

Five Things You Should Do in the Trial Court to Boost Your Chance of Winning an Appeal

By Robin Bresky |

Everything you do in the trial court should be geared towards a potential appeal. It seems that one side or the other is likely to appeal nearly any order. If you’re the Appellant, trying to reverse an order adverse to your client, the statewide statistics show less than a 20% chance of success on… Read More »

Appeal

Law Offices of Robin Bresky Prevails in Classifying Order as Final, Appealable Order

By Robin Bresky |

August 2019 District courts of appeal have jurisdiction to review final orders under Florida Rule of Appellate Procedure 9.110 and certain nonfinal orders under Rule 9.130. Other kinds of nonfinal orders not listed in Rule 9.130 cannot be reviewed via an interlocutory appeal; they can be reviewed only within a plenary appeal from an… Read More »