Litigation is frequently a zero-sum game, with a final judgment resulting in a winner and a loser. In commercial litigation, the stakes are often very high, and while one party may be pleased with the decision of the court, the other side most certainly will not be. While an appeal is not a second trial or “a second bite at the apple,” the losing party in litigation may often find some valid reason to appeal the judgment. At Bresky Law in Boca Raton, we represent petitioners and respondents in commercial litigation appeals in state and federal courts in Palm Beach, Broward, and Miami-Dade counties, all of South Florida, throughout Florida and across the country. Appellate work is our primary focus, and our Florida commercial litigation appeals attorneys have handled appeals across the broad spectrum of business and corporate law and commercial litigation matters, including:

    Breach of ContractBusiness TortsCorporate WrongdoingForeclosuresReal Estate TransactionsCondominium Associations & Homeowner’s DisputesConstruction DisputesLease Terminations or EvictionsMortgagor’s Post-Foreclosure Sale LiabilityUnauthorized Practice of LawDenials of Insurance Claims/CoverageRecovery of Prevailing Party Attorney’s FeesAward of Need-based Attorney’s Fees (family law cases)

Some Representative Matters in Florida Commercial Litigation Appeals

We defended against an appeal in the Florida Fifth District Court of Appeal in Daytona Beach, in the case of Plaza Condominium Ass’n, Inc. v. BAC Home Loans Servicing, L.P. Our client had purchased a condo unit that was in foreclosure but was unable to get an estoppel certificate from the condominium association limiting liability for past-due assessments on the property, which kept our client from being able to sell the property with clear title. Our client sued the association for a correct estoppel certificate and won a summary judgment in his favor, as well as attorney’s fees. The association appealed, arguing that material issues of fact existed that made summary judgment improper. We successfully argued on appeal that summary judgment was indeed proper. The Fifth DCA affirmed the lower court’s judgment in our client’s favor and also granted attorney’s fees for the appeal.

In another case, we were successful in arguing the innocent co-insured exception to overturn a summary judgment entered against our client in an insurance claim case. Summary judgment had been granted to the insurer on the grounds that a co-insured had failed to appear for an examination under oath required by the insurance company, which constituted a material breach of the policy terms for payment of a claim. We successfully argued that our client was an innocent co-insured, and the circuit court, sitting in its appellate capacity, reversed and remanded the case. Our client was awarded appellate attorney fees pursuant to Florida Statute 627.428(1).

Many more successes of the firm in commercial litigation appeals can be found on our Notable Cases page.