Category Archives: Federal Appellate Court Rulings

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 »

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 »

ripped contract

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 »

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 »

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 »

Rental Car

Florida Supreme Court Agrees that Rental-Car Drivers Must Be Treated Equally After Red-Light Camera Violations

By Robin Bresky |

City of Fort Lauderdale v. Dhar, 41 Fla. L. Weekly S 61 (Fla. 2016) On February 25, 2016, the Florida Supreme Court decided that section 316.0083, Florida Statutes (2012) was unconstitutional as applied to short-term vehicle renters because there was no rational basis to justify treating short-term renters differently than registered owners and registered… Read More »

What Is It, How Much Is It Worth, and Who Gets It?: Fourth DCA Reverses Final Judgment of Dissolution for Failure to Include Required Findings as to Equitable Distribution

By Robin Bresky |

Joseph W. Pierre v. Marie C. Pierre, Case No. 4D14-1651 (Fla. 4th DCA, February 24, 2016)* Florida law requires that certain trial court rulings in family court cases, such as those on equitable distribution and alimony, must be supported with specific written findings. The written findings allow an appeals court to review the trial… Read More »

U.S. Court of Appeals Reverses Summary Judgment Where Disputed Issue of Material Fact Exists – Win in Federal Appellate Court

By Robin Bresky |

VOIS, Inc. v. Michael Spindel and Edward Spindel, Case No. 10-15668-D We represented a corporation that had gone through multiple changes of ownership since issuing promissory notes to two of its investors and former directors, the Spindels. The corporation sued the Spindels for corporate wrongdoing, and the Spindels countersued claiming they were never paid… Read More »