Category Archives: Bresky Appellate Published Articles

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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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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 »

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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 »

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Law Offices of Robin Bresky Helps Clients Obtain Reversals of Final Judgments Entered Without Due Process

By Robin Bresky |

July 5, 2018 The two most basic elements of due process are notice and a hearing. A court action without notice would violate due process. The Law Offices of Robin Bresky recently secured reversals of two substantial final judgments that had been entered against our clients without notice of their trial dates. The case… Read More »

Probate Bresky Apppellate Law

“Filing” Means Electronic Filing: Law Offices of Robin Bresky Wins Affirmance of Trial Court Order Disallowing Claim Submitted to Clerk in Paper Form

By Robin Bresky |

United Bank v. Estate of Frazee, Case No. 4D15-826 (Fla. 4th DCA, July 13, 2016)* UPDATE: Mandate issued on September 2, 2016. The Law Offices of Robin Bresky recently obtained affirmance of a trial court order that found a bank’s claims against a decedent’s estate untimely. The appeal required the Fourth DCA to examine… Read More »

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Law Offices of Robin Bresky Obtains Unanimous Decision as Co-counsel in Supreme Court of Florida Appeal Addressing Use of Pre-Arrest, Pre-Miranda Silence Against Accused

By Robin Bresky |

State v. Donna Horwitz, SC15-348 (Fla., May 5, 2016).* On May 5, 2016, the Supreme Court of Florida issued a unanimous decision in favor of our client in an appeal that is likely to have substantial consequences for police-citizen encounters and criminal defendants across the state. Board-certified appellate specialist Jonathan Mann of The Law… Read More »

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Who’s Afraid of the Big Bad Wolf?: The Law Offices of Robin Bresky Wins Reversal of Summary Final Judgment; Now the Injured Plaintiff Can Proceed to Seek Recovery from the Landowner and Lessee

By Robin Bresky |

Grimes v. Family Dollar Stores, Case No. 3D14-1874 (Fla. 3d DCA, May 4, 2016)* On behalf of an injured plaintiff, The Law Offices of Robin Bresky recently obtained reversal of a summary final judgment that was in favor of the defendants, the landowner and long-term lessee, which were allegedly negligent in the maintenance of… Read More »

The Fundamental Error Exception to the Preservation-of-Error Rule

By Robin Bresky |

This article was featured in the November Issue of Attorney At Law Magazine. An appeal is an opportunity for the appellate court to review an order or judgment of a lower tribunal and correct reversible errors. But “an appellate court will not consider an issue unless it was presented to the lower court. Furthermore,… Read More »

Taking the Pathway of Discretionary Review Toward Florida’s Highest Court

By Robin Bresky |

by Diana L. Martin and Robin I. Bresky Florida Bar Journal – Page 55 Your client is on the losing end of an opinion issued by one of Florida’s five district courts of appeal and wants to know whether there is hope of having that opinion overturned by the state’s highest court. Given that… Read More »