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

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. App....

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

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. Bresky Law 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 to the absence of supporting...

Bresky Law Prevails in Classifying Order as Final, Appealable Order

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 eventual...

Bresky Law Secures Win for Condominium Association on Insurance Claim for Substantial Hurricane Wilma Damage

The Firm’s client, a condominium association for a community with eight buildings, over 400 residential units, a clubhouse and two pools, recently prevailed in an appeal from a Final Judgment based on the interpretation of insurance policy language concerning application of the policy deductible. The action arose from extensive hurricane/windstorm damage suffered by the condo...

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

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. P....

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

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 in...

Firm Obtains Reversal Of Order Compelling Mediation and Arbitration

MuniCommerce, LLC v. Navidor, LTD, Case 4D15-169 (Fla. 4th DCA, Feb. 3, 2016)* In a recent appeal, Bresky Law 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 the company terminated its contract...

Be Careful What You Ask For

“Be Careful What You Ask For” or “Read The Contract Before You Sign It”: Third DCA Reverses For Enforcement Of Forum Selection Clause In Contract Despite Drafting Party’s Claim Of Mistake Espresso Disposition Corp. 1 v. Santana Sales & Marketing Group, Inc., 3D12-1147 The parties signed an agreement, drafted by Santana, with a forum selection clause...

A Party’s Attorney is Legally Insufficient to Execute Sworn Affidavit Under Fla. Stat. §222.12 ; Affidavit Must be Executed by Party Who Sued

Caproc Third Ave., L.L.C. v. Donisi Ins. Inc., and Donosi, 4D09-4792 June 1, 2011 The Fourth District wrote to address the issue of who may properly deny facts set forth in a judgment debtor’s affidavit for exemption under section 222.12, Florida Statutes. Caproc Third Avenue, LLC (“Caproc”) obtained a final judgment against Charles Donisi. A writ...