Category Archives: Civil

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

Florida Supreme Court Addresses Validity of Offers of Settlement that Fail to Mention Attorney’s Fees in Cases Where the Complaint Does Not Seek Fees

By Robin Bresky |

Kuhajda v. Borden Dairy Co. of Alabama, LLC, 41 Fla. L. Weekly S 471 (Fla. Oct. 20, 2016) The Florida Supreme Court recently decided the question of whether an offer of settlement under section 768.79(1), Florida Statutes, is invalid when the offer of judgment fails to address attorney’s fees pursuant to Fla. R. Civ…. 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 »

Commercial Dispute

Appellate Court Vacates Prematurely-Entered Order Granting Opponent’s Motion to Supplement Record on Appeal

By Robin Bresky |

A district court of appeal recently vacated a prematurely-entered order that had granted our opponent’s motion to supplement the record on appeal. We represent the appellant in an appeal stemming from a commercial dispute over a limited liability company. The appellate briefs have not yet been filed. There was also a separate derivative action… Read More »

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Law Offices of Robin Bresky Successfully Defends Against Motion to Stay Pending Appeal of Order Awarding Former Wife Her Attorney’s Fees

By Robin Bresky |

The Law Offices of Robin Bresky recently successfully defended against a motion to stay pending appeal directed at a family court order awarding our client her attorney’s fees. The trial court entered an order (“Fees Order”) that awarded our client her attorney’s fees following the dissolution of the parties’ marriage and directed that the… Read More »

Landlord Tenant Bresky Appellate

Third DCA Denies Appellees’ Motion for Rehearing of Opinion Reversing Summary Final Judgment That Was in Favor of Landowner and Lessee

By Robin Bresky |

Grimes v. Family Dollar, Case No. 3D14-1874 (Fla. 3d DCA, May 4, 2016), rehearing denied, June 30, 2016.* The Law Offices of Robin Bresky recently obtained reversal of a final judgment that was in favor of a landowner and lessee who were alleged to be negligent in maintaining their premises and failing to warn… 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 »

FIRM OBTAINS REVERSAL OF ORDER COMPELLING MEDIATION AND ARBITRATION

By Robin Bresky |

MuniCommerce, LLC v. Navidor, LTD, Case 4D15-169 (Fla. 4th DCA, Feb. 3, 2016)* In a recent appeal, The Law Offices of Robin Bresky represented a company that offers merchant accounts and payment solutions for merchants. The company appealed from a non-final order compelling mediation and arbitration with a former independent sales agent, with whom… Read More »

Motions for Recusal: Effective Tool for Litigants Faced With Judges They Perceive as Biased

By Robin Bresky |

Motions for Recusal: Effective Tool for Litigants Faced With Judges They Perceive as Biased In addition to handling appeals, the Law Offices of Robin Bresky frequently provides litigation support to attorneys and sometimes to pro se litigants (individuals who represent themselves without an attorney appearing on their behalf). Our firm recently assisted a pro… Read More »