Category Archives: U.S. Court of Appeals

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 »

Law Offices of Robin Bresky Obtains Disqualification of Trial Judge for Clients Before Attorneys’ Fee Hearing

By Robin Bresky |

In Florida, “every litigant is entitled to nothing less than the cold neutrality of an impartial judge.” State v. Parks, 141 Fla. 516, 194 So. 613, 615 (Fla. 1939). If a trial court judge says or does something that appears to indicate bias, prejudice, partiality, or prejudgment against a litigant, that party may have… Read More »

Daily Business Review Features The Law Offices of Robin Bresky’s Appellate Matter Holding the Disqualification of Trial Judge

By Robin Bresky |

Florida Rule of Judicial Administration 2.330 and section 38.10, Florida Statutes, govern the disqualification of trial judges. A party may seek to have a judge disqualified where the party “fears that he or she will not receive a fair trial or hearing because of specifically described prejudice or bias of the judge.” “The question… Read More »

father_litigation_support

Update: Minor Child Permitted To Relocate Out Of State to Reside With The Father After The Trial Court Granted A Motion For Rehearing In Favor Of The Father Who Received Litigation Support From The Law Offices Of Robin Bresky

By Robin Bresky |

Following the trial court’s dismissal of his Second Supplemental Petition to Permit Relocation with Minor Child in a paternity action, the Father retained the Law Offices of Robin Bresky to draft a Motion for Rehearing to be filed by trial counsel. The trial court granted the Motion for Rehearing, which effectively undid the dismissal order. Following… Read More »

Randall Burks

Law Offices of Robin Bresky Obtains Per Curiam Affirmance for Appellees in Ejectment and Conversion Case

By Robin Bresky |

The Law Offices of Robin Bresky in Boca Raton, Florida, recently helped its clients, who are landowners in Hendry County, to maintain the victory they had previously won in the trial court in a case involving the ejectment of squatters from their farmland and the assessment of damages for the squatters’ conversion of personal… Read More »

Robin Bresky

Five Things You Should Do in the Trial Court to Boost Your Chance of Winning an Appeal

By Robin Bresky |

Everything you do in the trial court should be geared towards a potential appeal. It seems that one side or the other is likely to appeal nearly any order. If you’re the Appellant, trying to reverse an order adverse to your client, the statewide statistics show less than a 20% chance of success on… 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 »

Appeal

Law Offices of Robin Bresky Obtains Affirmance of Final Judgment for Tenant Injured at Apartment Building*

By Robin Bresky |

Our firm recently obtained an affirmance of a final judgment rendered in favor of an injured tenant following a favorable verdict. The tenant plaintiff suffered injuries when he fell on the stairs outside of his apartment as the result of a loose handrail. The plaintiff sought damages from the landlord, who owned the apartment… Read More »

Should Estate Plans be Updated for Those Who Relocate to Florida?

By Robin Bresky |

Has a friend, family member or colleague recently relocated to Florida or thinking of moving to the Sunshine State? They may have a will or a full estate plan that was prepared by an attorney in another state, or perhaps they haven’t yet taken the important step of planning their estate. Either way, a… Read More »