Notable Cases
Law Offices of Robin Bresky Obtains Disqualification of Trial Judge for Clients Before Attorneys’ Fee Hearing
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 »
Law Offices of Robin Bresky Assists Estate in Obtaining Per Curiam Affirmance of Order Sanctioning Plaintiffs and Plaintiffs’ Attorneys
The Law Offices of Robin Bresky recently assisted a defendant’s estate in defending the propriety of a sanctions order in an appeal by the plaintiff. The plaintiff sued the defendant after the defendant stopped payment on a check for goods to be purchased from the plaintiff. The defendant filed a motion for sanctions pursuant… Read More »
Daily Business Review Features The Law Offices of Robin Bresky’s Appellate Matter Holding the Disqualification of Trial Judge
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 »
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
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 »
Law Offices of Robin Bresky Obtains Per Curiam Affirmance for Appellees in Ejectment and Conversion Case
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 »
Five Things You Should Do in the Trial Court to Boost Your Chance of Winning an Appeal
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 »
Law Offices of Robin Bresky 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… Read More »
Attorney’s Fees and the Requirement of Expert Witness Testimony in Florida
July, 2019 A party to litigation in Florida is often entitled to recoup its reasonable attorney’s fees from the opposing party pursuant to a statute or a contract between the parties. Florida law requires in most cases that a party seeking its fees from the opposing party introduce the testimony of an expert witness… Read More »
Law Offices of Robin Bresky Obtains Affirmance of Final Judgment for Tenant Injured at Apartment Building*
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 »
Trial Court Grants Motion for Rehearing in Favor of Client Who Received Litigation Support from the Law Offices of 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. Recently, the trial court granted the Motion for Rehearing, which effectively undid the dismissal… Read More »
Law Offices of Robin Bresky Obtains Affirmance of Final Judgment for Tenant Injured at Apartment Building*
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 »
Law Offices of Robin Bresky Obtains Dismissal of Appeal for Lack of Jurisdiction
April 8, 2019* The Law Offices of Robin Bresky recently assisted a client in obtaining dismissal of an appeal of an order granting summary judgment on the opposing party’s counterclaims in a case arising from a failed real estate transaction. Our client entered into a contract for sale of a home. The buyer failed… Read More »
Law Offices Of Robin Bresky Obtains Reinstatement Of Appeal For New Client Who Had Filed Appeal Pro Se
By Randall Burks A new client recently approached The Law Offices of Robin Bresky to represent him in an appeal after filing the notice of appeal on his own, pro se. When our attorneys reviewed the appellate court’s docket, they discovered that the court had dismissed the appeal several weeks earlier. The order of… Read More »
Law Offices of Robin Bresky Successfully Obtains Entitlement to Attorney’s Fees for Landowner in Suit Against Community
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 »
Law Offices of Robin Bresky Obtains Order Denying Discretionary Review of Probate Matter in Florida Supreme Court
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 »
Law Offices of Robin Bresky Assists Injured Plaintiffs in Successfully Obtaining Entitlement to Attorney’s Fees Against Insurance Company
October 4, 2018 The Law Offices of Robin Bresky recently assisted a husband and wife in obtaining entitlement to attorney’s fees in their suit for declaratory judgment to establish coverage arising from an automobile accident. The Plaintiffs were injured in an automobile accident in which they were driven off the road by a phantom… Read More »
Law Offices of Robin Bresky Helps Clients Obtain Reversals of Final Judgments Entered Without Due Process
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 »
Law Offices of Robin Bresky Obtains Reversal of Order Granting Summary Judgment
August 17, 2018* The Law Offices of Robin Bresky recently assisted a chiropractic care center in obtaining reversal of a county court order granting final summary judgment in favor of an insurance company that our client had sued. Our client provided medical treatment to an insured patient following a car accident. Our client later… Read More »
Law Offices of Robin Bresky Succeeds in Appeal of Permanent Injunction for Protection Against Dating Violence
August 8, 2018* The Law Offices of Robin Bresky recently assisted a client in obtaining a per curiam affirmance of a restraining order protecting him against violence by his former girlfriend. At the trial court level, the Petitioner filed a sworn petition for injunction for protection against dating violence pursuant to section 784.046, Florida… Read More »
Law Offices of Robin Bresky Obtains Dismissal of Trustee’s Appeal for Lack of Jurisdiction
July 10, 2018* The Law Offices of Robin Bresky recently assisted an elderly client in obtaining dismissal of an appeal of an order in a probate proceeding. Our client was the beneficiary of a decedent’s will and trust. The Trustee initiated a probate case as the personal representative of the estate. Our client later… Read More »
Appellate Court Grants Motion Filed By Law Offices of Robin Bresky On Behalf Of Client To Recategorize Appeal Of Permanent Injunction As Appeal From Non-Final Order
While Florida Rule of Appellate Procedure 9.130(a)(3)(B) might seem to indicate that only temporary injunction orders may be appealed as non-final orders under that rule, The Law Offices of Robin Bresky recently filed a successful motion asking the Third District Court of Appeal to treat an appeal from a Final Judgment of Injunction for… Read More »
The Law Offices of Robin Bresky Successfully Appeals Denial of Client’s Due Process Rights By Trial Court’s Precluding Presentation of Case-In-Chief at Final Hearing, Which Was Fundamental Error
Recently, the Law Offices of Robin Bresky helped a mother obtain an appellate reversal of the final judgment in a paternity case. At the Final Hearing, the Father was afforded his right to present his case-in-chief. The trial judge stated repeatedly at the hearing that the Mother would have the same opportunity. However, due… Read More »
The Fourth District Court Of Appeal Disapproves The Clerk Of The Court’s Practice Of Backdating Judgments
In Guy v. Plaza Home Mortgage, Inc., Case No. 4D17-3335 (Fla. 4th DCA Apr. 25, 2018), the summary judgment hearing in a foreclosure case was held on an afternoon in September of 2017. However, the lower tribunal’s clerk’s office’s electronic time stamp revealed that the final judgment was filed approximately five hours before the scheduled hearing…. Read More »
Law Offices of Robin Bresky 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… Read More »
Law Offices of Robin Bresky Obtains Affirmance of Order Finding Unenforceable a Post-Judgment Settlement Agreement That Prevented Client from Contact with Family
Our firm recently helped a client obtain affirmance of a trial court order finding unenforceable a Post-Judgment Settlement Agreement that prohibited our client from having contact with various family and friends. The parties entered into the Post-Judgment Settlement Agreement (“PJSA”) shortly after the Final Judgment dissolving their marriage. The PJSA contained a provision that… Read More »
Law Offices of Robin Bresky Obtains Dismissal of Appeal for Lack of Prosecution
March 23, 2018 The Law Offices of Robin Bresky recently assisted an appellee client in successfully obtaining dismissal of an appeal of a postjudgment trial court order. Our client, who was the plaintiff in the trial court action, obtained a judgment in the trial court awarding our client appellate attorney’s fees incurred in a… Read More »
Law Offices of Robin Bresky Obtains Reversal of Trial Court Order that Summarily Denied Petition for Stalking Injunction
The Law Offices of Robin Bresky recently assisted a client in obtaining reversal of an order denying the client’s petition for an injunction for protection against stalking. The client filed the petition pro se, alleging five separate instances of stalking by his ex-girlfriend. He included detailed descriptions of the five incidents of stalking with… Read More »
The Law Offices of Robin Bresky Serves as Expert Attorney’s Fee Witness for Homeowners Who Prevailed in Appeal Against HOA
September 20, 2017 Appellate attorney Jonathan Mann of The Law Offices of Robin Bresky recently served as an expert attorney’s fee witness on behalf of homeowners who prevailed in an appeal brought by their homeowner’s association (“HOA”). The homeowners prevailed at the county court level after a particularly long and drawn-out legal dispute regarding… Read More »
Law Offices of Robin Bresky Helps Lawyer Pursue Fees for Services to Guardianship
May 10, 2017 The Law Offices of Robin Bresky recently obtained reversal of two crucial rulings in an order on three petitions for compensation filed by a lawyer who had represented a guardian. Bresky’s firm also helped the lawyer obtain an unconditional award of entitlement to appellate attorney’s fees. In the trial court, the… Read More »
Law Offices of Robin Bresky Obtains Reversal of a Final Judgment of Dissolution of Marriage Denying a Former Wife’s Petition for Relocation
June 7, 2017* Our firm, through attorney Dan Weinger, recently obtained a reversal of the portion of a final judgement of dissolution of marriage denying a Former Wife’s petition to relocate with her two young children to Virginia. The appeal concerned a dissolution proceeding between a husband and wife who were married for twelve… Read More »
Law Offices of Robin Bresky Obtains Affirmance of Order Awarding Former Wife Attorney’s Fees in Dissolution of Marriage Proceeding
April 13, 2017 Our firm recently obtained an affirmance in the appeals court of a Final Order on Attorney’s Fees and Costs (“Fee Order”) rendered by a trial court in favor of our client in a divorce proceeding. We represented the former wife in the former husband’s appeal of the Fee Order that was… Read More »
Law Offices of Robin Bresky Assists Homeowner in Obtaining Dismissal of Appeal and Entitlement to Attorney’s Fees in Dispute Over Sale of Property
March 20, 2017 The Law Offices of Robin Bresky recently assisted a plaintiff homeowner in successfully obtaining dismissal of an appeal of trial court orders that gave him the power to complete the sale of the property despite the Defendant’s attempts to frustrate his efforts. The parties, who were not married, had previously purchased… Read More »
Law Offices of Robin Bresky Obtains Reversal and Remand for Clarification of Inconsistency Between Final Judgment of Dissolution of Marriage and Parenting Plan
January 18, 2017 Our firm recently obtained the reversal and remand of a Final Judgment of Dissolution of Marriage for clarification of an inconsistency between the Final Judgment and the Parenting Plan. We represented the former wife in an appeal of a Final Judgment of Dissolution of Marriage. An issue of contention between the… Read More »
Law Offices of Robin Bresky Obtains Dismissal of Lawsuit Against Church and Pastor
Jackson v. The S Avenue Church of Christ of Riviera Beach, Inc., and Jonathan B. Young, Case No. 2015-CA-005206 (Fla. 15th Jud. Cir. Nov. 22, 2016) Our firm recently obtained dismissal of a lawsuit against a church and its pastor, that was brought by a group of disgruntled former church members. The church terminated… Read More »
Florida Supreme Court Determines Which Theory of Recovery Applies Under Insurance Policy When Both Included and Excluded Perils Converge to Cause Loss
Sebo v. American Home Assurance Company, Inc., Case No. SC14-897 (Fla. Dec. 1, 2016)* If your homeowner’s insurance policy includes coverage for rainwater damage but excludes construction defects, how should a court determine whether your loss is covered when your home suffers a loss where both factors clearly converge and act in concert and… Read More »
Law Offices of Robin Bresky Obtains PCA Affirming Trial Court’s Orders in Child Time-sharing Contempt Proceeding
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 »
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… Read More »
Law Offices of Robin Bresky Successfully Defends Against Motion to Stay Pending Appeal of Order Awarding Former Wife Her Attorney’s Fees
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 »
Third DCA Denies Appellees’ Motion for Rehearing of Opinion Reversing Summary Final Judgment That Was in Favor of Landowner and Lessee
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 »
“Filing” Means Electronic Filing: Law Offices of Robin Bresky Wins Affirmance of Trial Court Order Disallowing Claim Submitted to Clerk in Paper Form
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 »
Law Offices of Robin Bresky Wins Reversal of Trial Court Order Summarily Denying Petition for Injunction Against Domestic Violence Without a Hearing
July 13, 2016* The Law Offices of Robin Bresky recently obtained reversal of a trial court order summarily denying a petition for injunction against domestic violence without a hearing. The petitioner filed a form petition in circuit court, checking the boxes on the form indicating that she was a victim of domestic violence or… Read More »
Law Offices of Robin Bresky Assists Former Husband in Obtaining Disqualification of Judge in Dispute After Dissolution of Marriage
The Law Offices of Robin Bresky recently assisted a pro se former husband in successfully obtaining disqualification of the trial judge presiding over a dispute that arose after the dissolution of the parties’ marriage. The former wife had filed a motion for contempt and enforcement, seeking to compel the former husband to convey foreign… Read More »
Law Offices of Robin Bresky Wins Affirmance of Trial Court Ruling Denying Mother’s Request for Attorney’s Fees, Awarding Father Attorney’s Fees, Imputing Income to Mother, and Awarding Rotating Timesharing
Gonzalez v. Walker, Case No. 4D14-4013 (Fla. 4th DCA, May 18, 2016)* The Law Offices of Robin Bresky recently obtained an affirmance on appeal in favor of our client on a number of important disputed issues between the parties. We represented the father in the appeal. The trial court had held a trial and… Read More »
Law Offices of Robin Bresky Obtains Unanimous Decision as Co-counsel in Supreme Court of Florida Appeal Addressing Use of Pre-Arrest, Pre-Miranda Silence Against Accused
State v. Donna Horwitz, SC15-348 (Fla., May 5, 2016).* On May 5, 2016, the Supreme Court of Florida issued a unanimous decision in favor of our client in an appeal that is likely to have substantial consequences for police-citizen encounters and criminal defendants across the state. Board-certified appellate specialist Jonathan Mann of The Law… Read More »
Who’s Afraid of the Big Bad Wolf?: The Law Offices of Robin Bresky Wins Reversal of Summary Final Judgment; Now the Injured Plaintiff Can Proceed to Seek Recovery from the Landowner and Lessee
Grimes v. Family Dollar Stores, Case No. 3D14-1874 (Fla. 3d DCA, May 4, 2016)* On behalf of an injured plaintiff, The Law Offices of Robin Bresky recently obtained reversal of a summary final judgment that was in favor of the defendants, the landowner and long-term lessee, which were allegedly negligent in the maintenance of… 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
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 »
Law Offices of Robin Bresky Co-Counsels for Respondent in Supreme Court of Florida Appeal Addressing Use of Pre-Arrest, Pre-Miranda Silence Against Accused
State v. Donna Horwitz, SC15-348 The Supreme Court of Florida is currently considering an appeal that could have substantial consequences for criminal defendants across the state. Jonathan Mann of the Law Offices of Robin Bresky is serving as co-counsel for the Respondent, Donna Horwitz. Ms. Horwitz was convicted of first-degree murder with a firearm… Read More »
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, 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 »
Law Offices of Robin Bresky Wins Reversal of Order Basing Father’s Child Support Obligation on Abnormally High Income Year
Law Offices of Robin Bresky Wins Reversal of Order Basing Father’s Child Support Obligation on Abnormally High Income Year Rudnick v. Harman, Case No. 4D13-1359 & 4D13-1364 (Fla. 4th DCA, January 28, 2015)* The Law Offices of Robin Bresky recently obtained the reversal of a trial court order that erroneously based our client’s child… Read More »
Law Offices of Robin Bresky Successfully Defends Motion for Appellate Attorney’s Fees Based on Failure to Apportion Settlement Offer
Law Offices of Robin Bresky Successfully Defends Motion for Appellate Attorney’s Fees Based on Failure to Apportion Settlement Offer The Law Offices of Robin Bresky recently successfully defended against a motion for appellate attorney’s fees based on opposing counsel’s failure to apportion a settlement offer. The case concerned the Defendant’s failure to pay for… Read More »
Law Offices of Robin Bresky Helps Father Obtain Co-Guardianship of Developmentally Disabled Adult Daughter
Law Offices of Robin Bresky Helps Father Obtain Co-Guardianship of Developmentally Disabled Adult Daughter The Law Offices of Robin Bresky recently assisted a father and his trial counsel in obtaining co-guardianship of the father’s developmentally disabled adult daughter over the objections of his ex-wife. Our client’s ex-wife, who is the girl’s mother, filed a… Read More »
Law Offices of Robin Bresky Obtains Affirmance of Order Ruling that Obligation in Property Settlement Agreement Did Not Apply to Non-Probate Assets
Richard Weil, Robert F. Weil, & Nancy Nittolo vs. Kathleen K. Weil, etc. et al. Case No. 4D13-4277 (Fla. 4th DCA, November 26, 2014) The Law Offices of Robin Bresky, with appellate co-counsel and trial counsel Amy Beller, recently obtained a per curiam affirmance of a trial court order in our client’s favor in… Read More »
Fourth DCA: Ruling Designating Keys Father Primary Residential Parent When Child Begins School Does Not Constitute Improper Prospective Relocation Order
Fourth DCA: Ruling Designating Keys Father Primary Residential Parent When Child Begins School Does Not Constitute Improper Prospective Relocation Order Krift v. Obenour, Case No. 4D13-1151 (Fla. 4th DCA, November 5, 2014) The Law Offices of Robin Bresky recently obtained a decision in our client’s favor in the Fourth DCA in a case regarding… Read More »
Motions for Recusal: Effective Tool for Litigants Faced With Judges They Perceive as Biased
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 »
Law Offices of Robin Bresky Wins Rehearing of Order Holding Former Husband in Contempt for Failure to Pay Alimony
Law Offices of Robin Bresky Wins Rehearing of Order Holding Former Husband in Contempt for Failure to Pay Alimony The Law Offices of Robin Bresky recently succeeded on a motion for rehearing of an order that had held our client in contempt for failure to pay alimony. The parties’ marriage was dissolved in 2009…. Read More »
Law Offices of Robin Bresky Wins Reversal of Summary Judgment in Homeowner’s Dispute Over Condo Association’s Use of Chemical Pesticides**
Law Offices of Robin Bresky Wins Reversal of Summary Judgment in Homeowner’s Dispute Over Condo Association’s Use of Chemical Pesticides Small v. Devon Condominium B Ass’n, Inc., 4D10-2302, 4D10-5243, 4D11-247, and 4D11-4110 The Law Offices of Robin Bresky recently won reversal of a trial court’s order granting summary judgment for a condominium association against a… Read More »
Alter Egos No More! Law Offices of Robin Bresky Assists with Unique California Appeal
Alter Egos No More! Law Offices of Robin Bresky Assists with Unique California Appeal The Law Offices of Robin Bresky was retained in 2013 to assist two California attorneys with an appeal in Los Angeles. We researched and drafted portions of the briefs and assisted in editing and polishing the drafts into cohesive products,… Read More »
Law Offices of Robin Bresky Wins Affirmance of Final Summary Judgment Finding Condominium Purchaser Entitled to Benefit of Safe Harbor Statute
Law Offices of Robin Bresky Wins Affirmance of Final Summary Judgment Finding Condominium Purchaser Entitled to Benefit of Safe Harbor Statute The Plaza Condominium Ass’n, Inc. v. BAC Home Loans Servicing, L.P., 5D12-4354 The Law Offices of Robin Bresky recently successfully defended an appeal by a condominium association of a final summary judgment finding… Read More »
Firm Obtains Writ Disqualifying Judge from Presiding over Family Law Case
Firm Obtains Writ Disqualifying Judge from Presiding over Family Law Case Ballard v. Campbell, 4D13-2098 The Father in a post-dissolution family-law dispute had twice filed motions asking the judge to disqualify herself because of the appearance of partiality. One motion was based on a letter where the judge disclosed that she had been personally… Read More »
Law Offices of Robin Bresky Obtains Affirmance of Foreclosure Judgment
Law Offices of Robin Bresky Obtains Affirmance of Foreclosure Judgment Silverthorne v. Aurora Loan Services, 3D11-2824 & 3D12-1056 The Third District Court of Appeal recently affirmed a foreclosure judgment in favor of the lender, for whom the Law Offices of Robin Bresky was lead appellate counsel. The homeowner raised numerous issues in her two… Read More »
Law Offices of Robin Bresky Obtains Reversal and Remand on Rehearing in Emergency Temporary Guardianship Appeal
Law Offices of Robin Bresky Obtains Reversal and Remand on Rehearing in Emergency Temporary Guardianship Appeal Martinez v. Cramer, 4D13-405 In August of 2013, the Fourth District Court of Appeal (“Fourth DCA”) clarified a crucial point of guardianship law: the time at which the trial court must appoint counsel for an alleged incapacitated person… Read More »
Law Offices of Robin Bresky Wins Affirmance of Grant of Summary Judgment of Foreclosure and Dismissal of Counterclaims in Suit by Subcontractor Against Lender’s Assignee
Law Offices of Robin Bresky Wins Affirmance of Grant of Summary Judgment of Foreclosure and Dismissal of Counterclaims in Suit by Subcontractor Against Lender’s Assignee Pro-Frame Contracting, Inc. v. Highfields Development, LLC, 4D12-1886 The Law Offices of Robin Bresky successfully defended against an appeal by a subcontractor from a summary judgment of foreclosure and… Read More »
Writs, Lies, and Videotape: Law Offices of Robin Bresky Prevails in Certiorari Proceeding Over Timing of Production of Store Video Surveillance Showing Plaintiff’s Injury
Writs, Lies, and Videotape: Law Offices of Robin Bresky Prevails in Certiorari Proceeding Over Timing of Production of Store Video Surveillance Showing Plaintiff’s Injury Whole Foods Market Group, Inc. v. Classie, 4D13-43 The Law Offices of Robin Bresky successfully defended against a petition for writ of certiorari filed by the defendant in a personal… Read More »
Law Offices of Robin Bresky Obtains Disqualification of Judge in Guardianship Case
Law Offices of Robin Bresky Obtains Disqualification of Judge in Guardianship Case Fourth DCA Case 4D13-368 The Law Offices of Robin Bresky recently prevailed in an original proceeding, a petition for writ of prohibition, to prevent the trial judge from presiding over further proceedings in a guardianship case where our client is the spouse… Read More »
Law Offices of Robin Bresky Obtains Reversal of Order That Landlord Return “Advance Rent” Following Proper Termination of Tenant’s Lease
Law Offices of Robin Bresky Obtains Reversal of Order That Landlord Return “Advance Rent” Following Proper Termination of Tenant’s Lease Atlantis Estate Acquisitions, Inc. v. DePierro, 4D11-295 The Law Offices of Robin Bresky recently obtained reversal of a final judgment following trial, which ordered a landlord of residential property to return a large sum… Read More »
Jonathan Mann of Law Offices of Robin Bresky Obtains Reversal in Fifth District Court of Appeal of Final Judgment Modifying Timesharing Entered After Judge Disqualified Himself
Jonathan Mann of Law Offices of Robin Bresky Obtains Reversal in Fifth District Court of Appeal of Final Judgment Modifying Timesharing Entered After Judge Disqualified Himself Parnell v. Parnell, 5D12-785 Jonathan Mann of the Law Offices of Robin Bresky recently obtained reversal, in the Fifth District Court of Appeal, of a final judgment of… Read More »
Law Offices of Robin Bresky Obtains Affirmance of Final Judgment Based on Verdict for Plaintiff in Personal Injury Automobile Accident Suit
Law Offices of Robin Bresky Obtains Affirmance of Final Judgment Based on Verdict for Plaintiff in Personal Injury Automobile Accident Suit Garcia Rojas v. Aristizabal, 3D12-384 The Law Offices of Robin Bresky recently won an affirmance of a final judgment awarding our client damages for personal injuries he sustained in an automobile accident. Our… Read More »
Law Offices of Robin Bresky Obtains Affirmance of Order Limiting Successor Mortgagee’s Liability Following a Foreclosure Sale
Law Offices of Robin Bresky Obtains Affirmance of Order Limiting Successor Mortgagee’s Liability Following a Foreclosure Sale The Sterling Villages of Palm Beach Lakes v. The Bank of New York, 4D11-3008 The Law Offices of Robin Bresky recently won an affirmance of an order limiting a successor mortgagee’s liability to the homeowner’s association (“HOA”)… Read More »
Firm Obtains Reversal of Temporary Attorney’s Fees Award in Modification of Alimony Proceedings
Law Offices of Robin Bresky Obtains Reversal of Temporary Attorney’s Fees Award in Modification of Alimony Proceedings Giorlando v. Giorlando, 4D12-1220 The Law Offices of Robin Bresky recently won reversal of a trial court’s award of temporary attorney’s fees and costs in a petition for modification of alimony. The parties’ marriage was previously dissolved… Read More »
Unauthorized Practice of Law Order Reversed; Colorado Attorney’s Professional Reputation Vindicated
Bovino v. MacMillan, 4D11-3105 The Law Offices of Robin Bresky recently won reversal of a trial court’s erroneous order finding that our client/Appellant, a Colorado attorney, engaged in the unauthorized practice of law. The Appellant had a broad power of attorney (POA) relating to the financial affairs of a man that he represented in… Read More »
Undue Influence Argument Is Undone
Miller v. Bohan, 4D11-1169 The Law Offices of Robin Bresky recently won an affirmance of a final judgment in our client’s favor in an appeal involving a trust amendment. Our client’s remaining living sister brought a lawsuit against our client contesting the trust amendment their deceased sister had executed in favor of our client…. Read More »
No Time but the Present: Law Offices of Robin Bresky Wins Motion for Rehearing of Order Holding Former Husband in Contempt for Failure to Pay Attorney’s Fees Based upon Future Ability to Pay
The Law Offices of Robin Bresky recently won a motion for rehearing of an order of contempt that held our client in contempt for failure to pay an award of temporary attorney’s fees. We are in the process of appealing the underlying order requiring our client to pay fees to opposing counsel. The parties… Read More »
Law Offices of Robin Bresky Defeats Motion for Relinquishment of Jurisdiction
Law Offices of Robin Bresky Defeats Motion for Relinquishment of Jurisdiction In an appeal by a Former Husband who took his Former Wife’s jewelry and artwork, the Former Husband moved the Fourth District Court of Appeal to relinquish jurisdiction to the trial court. He argued that the trial judge should have an opportunity to… Read More »
There and Back Again: Recovering Appellate Attorney’s Fees After a Successful Appeal
The Law Offices of Robin Bresky recently obtained entitlement to appellate attorney’s fees in several appeals in which it prevailed. Additionally, Florida Rule of Appellate Procedure 9.400(a) provides that a prevailing party on appeal is entitled to recover its costs for litigating an appeal unless the appellate court orders otherwise. The recovery of appellate… Read More »
Law Offices of Robin Bresky Obtains Reversal of Order Denying Wife’s Attorney’s Fees and Attributing Wife Depleted Marital Assets
Goldstein v. Goldstein Case No. 4D10-3081 We represented a former wife in an appeal from an amended final judgment of dissolution of marriage. The trial court had denied our client her attorney’s fees and costs without making any findings as to our client’s need and the former husband’s ability to pay. Additionally, in the… Read More »
Law Offices of Robin Bresky Obtains Ruling Dispensing With Evidentiary Hearing And Awarding Client $660,611 Cash Distribution Following Appellate Win
Bell v. Bell, Case No. 4D10-5122 This was a divorce case with several contested issues regarding the parties’ assets. Our client, the former wife, appealed the final judgment of dissolution of marriage. The former husband cross-appealed. Our client’s main issues were (1) the trial court’s failure to award her half of the husband’s accounts… Read More »
Law Offices of Robin Bresky Successfully Defends Appellate Win In Favor Of Former Wife Against Motion For Rehearing
Hallac v. Hallac Case No. 4D10-4450 We represented a former wife in an appeal from the trial court’s order on opposing motions for attorney’s fees following trial. On appeal, our firm argued that it was legal error for the trial court to have used our client’s refusal of a settlement offer and the fact… Read More »
Law Offices of Robin Bresky Obtains Ruling Dispensing With Evidentiary Hearing Upon Remand Following Appellate Win
Bell v. Bell, 502007DR002692XXXXSB Case No. 4D10-5122 This was a divorce case with several contested issues regarding the parties’ marital and non-marital assets. Our client, the former wife, appealed the final judgment of dissolution of marriage. The former husband cross-appealed. Our client’s main issues were (1) the trial court’s failure to award her half… Read More »
Law Offices of Robin Bresky Obtains Reversal of Order Dismissing Nursing Home Abuse Case
Kaufman v. FS Tenant Pool III Trust Case No. 4D10-5122 We represented an elderly plaintiff who brought suit against a nursing home, through her daughter as power of attorney. Our client alleged multiple abuses by the nursing home in violation of its duty of care pursuant to sections 400.022(1), (2)(n) and (2)(o), Florida Statutes…. Read More »
Law Office of Robin Bresky Obtains Reversal Where The Trial Court Excluded Stocks As Marital Income, Failed To Identify Marital Property In Jamaica, and Abused Its Discretion In The Parenting Plan
Preudhomme v. Bailey Case No. 4D10-3262 Our firm challenged the trial court’s final judgment on behalf of a former wife claiming that the lower court erred in dividing the assets, calculating income of the husband, awarding an inadequate amount of alimony, calculating child support payable by the wife, and including overly restrictive parenting provisions…. Read More »
Law Offices of Robin Bresky Obtains Reversal of Child Support Order to Award Mother Her Child’s Uncovered Medical Expenses
Judkins v. Dep’t of Revenue and Jose Briceno Case No. 4D10-4579 We represented a mother in her appeal from the Department of Revenue’s child support order. The mother had sought an order requiring the father of her child to pay child support. Specifically, the mother’s application for child support enforcement sought financial contribution from… Read More »
Law Offices of Robin Bresky Obtains Reversal of Fee Award Against Former Wife Awarded Based on Rejection of a Settlement Offer
Hallac v. Hallac Case No. 4D10-4450 We represented a former wife in an appeal from the trial court’s order on opposing motions for attorney’s fees following trial. Early in the dissolution of marriage case, our client had rejected the former husband’s settlement offer and made a counteroffer. The case proceeded to trial and our… Read More »
Law Offices of Robin Bresky Obtains Affirmance of Summary Judgment Against Apartments That Sought to Evict Residents
Canterbury Apartments, Inc. v. Sokol, Case No. 10-21735 CACE (26); L.T. Case No. 09-7287 COCE (53) We represented the tenants of a unit of a co-operative apartment building. Prior to our involvement in the case, the apartment building management filed suit against our clients alleging five separate violations of the lease, corporation by-laws, and… Read More »
Law Offices of Robin Bresky Obtains Remand For Former Wife to Pursue Past-Due Alimony
Drdek v. Drdek, Case No. 4D10-3082 We represented a former wife who originally filed a motion for contempt shortly after the parties divorced, due to the former husband’s non-payment of alimony despite his recent receipt of significant income from social security. The trial court adopted the magistrate’s recommendation to deny former wife’s motion because… Read More »
Law Offices of Robin Bresky Obtains Per Curiam Affirmance of Order Dismissing Former Husband’s Petition For Modification of Alimony
Rice v. Rice Case No. 4D10-2523 We represented a former wife whose trial counsel succeeded in getting her former husband’s petition for modification of alimony dismissed, as well as attorney’s fees as a sanction. The parties had divorced in 2005 and entered into a Marital Settlement Agreement whereby the former husband paid the former… Read More »
Insureds’ Entitlement to Attorney’s Fees Resolved – Win at the Fourth District Court of Appeal
Rahabi v. FIGA Case No. 4D10-846* The issue on appeal was whether our clients were entitled to an award of attorney’s fees because FIGA affirmatively denied our clients’ claim under the insurance policy prior to paying the appraisal award. Our clients’ roof was damaged by Hurricane Wilma in 2005. Our clients sought coverage under… Read More »
Reversal Where Trial Court Did Not Properly Enforce Previous Fourth District Court of Appeal Mandate
Shinitzky v. Shinitzky Case No. 4D10-137 We represented a former husband whose marriage was dissolved by a final judgment in 2007. The final judgment ordered the former wife to pay our client half “of the value” of certain investment accounts held by the parties. The former wife appealed. The trial court denied the former… Read More »
U.S. Court of Appeals Reverses Summary Judgment Where Disputed Issue of Material Fact Exists – Win in Federal Appellate Court
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 »
Inequitable Distribution of Assets Resolved – Win at the Fourth District Court of Appeal:
Bell v. Bell This was a divorce case involving several issues regarding the parties’ marital and non-marital assets. Our client appealed and the opposing party cross appealed. Our client’s main issues were the trial court’s failure to (1) award her half of the husband’s accounts receivable from loans he made to his businesses; and… Read More »
Entitlement to Attorney’s Fees in Probate Matter Resolved – Win at the Supreme Court:
Carlin v. Javorek The issue was whether the Supreme Court should exercise its discretionary jurisdiction to review of the Fourth District Court of Appeal’s reversal of a trial court’s order denying an award of attorney’s fees to our client. The Fourth District Court of Appeal recently reversed a trial court decision holding that our… Read More »
Entitlement to Attorneys’ Fees Awarded Following Grant of Motion to Dismiss
Florida Rule of Appellate Procedure 9.400(b) states: A motion for attorneys’ fees may be served not later than the time for service of the reply brief and shall state the grounds on which recovery is sought. The assessment of attorneys’ fees may be remanded to the lower tribunal. If attorney’s fees are assessed by… Read More »
Appeal Dismissed in Favor of Client Where Unauthorized Under Appellate Rules
The issue was whether a trial court’s order denying exceptions to a general magistrate’s report and affirming the report, with several exceptions, was appealable as a final order or an appealable non-final order. We represented the Father of an infant child in a contentious custody dispute over timesharing and other issues. A general magistrate… Read More »
Trial Attorneys Take Note – 57.105 Motion Overturned and Express Malice for Defamation Expanded
The issue was whether the trial court abused its discretion in ordering our client and our client’s attorney to pay 57.105 attorney’s fees in a defamation action. Our client sued the opposing party for defamation after being forced out of business by the opposing party’s outrageous allegation that our client, a jeweler, replaced diamonds… Read More »
Is Expert Testimony Necessary for Attorney’s Fees Charging Lien?
The issue of whether the trial court erred in denying our client’s motion for attorney’s fees based on a charging lien merely because our client did not call an independent expert witness to testify concerning the reasonableness of the fees has been certified to the Florida Supreme Court. Our client, an attorney, represented the… Read More »
Entitlement to Attorney’s Fees in Probate Matter Resolved
The issue was whether our client was entitled to an award of attorney’s fees, under the settlement agreement between the parties and as a prevailing party, after the opposing party failed to honor certain provisions in their settlement agreement. After years of litigating a probate matter, our client and the opposing party entered into… Read More »
Resolved in Favor of the Innocent Co-insured
The issue as to whether or not an insurance company can deny coverage to an innocent co-insured based on the failure of a spouse to attend an examination under oath (EUO) was resolved in favor of our client, the innocent co-insured. Our client’s home was burglarized by an unknown assailant. The client preformed all… Read More »
In These Economic Times…
The economic downturn the country has been experiencing has affected families, individuals and corporations alike. In Florida in particular, the insurance industry has been hard hit and eventually, the losses get passed down to the consumer. In most cases, consumers will obtain insurance from underwriters who have contractual relationships with the actual providers. The… Read More »
