Category Archives: Contract

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 »

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 »

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 »

Real Estate

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

By Robin Bresky |

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… 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 »

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 »

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 »

Be Careful What You Ask For

By Robin Bresky |

“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… Read More »

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

By Robin Bresky |

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…. Read More »