Tag Archives: appeals process

Appeal Dismissed in Favor of Client Where Unauthorized Under Appellate Rules

By Robin Bresky |

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 »

Resolved in Favor of the Innocent Co-insured

By Robin Bresky |

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 »

The Law of the Case Doctrine – Win at the Third DCA against Luxury Automotive Dealership

By Robin Bresky |

The law of the case doctrine states generally that questions of law that actually have been decided on appeal must govern the case in the same court and in the trial court through all subsequent states of the proceedings. State Dept. of Revenue v. Bridger, 935 So. 2d 536, 538 (Fla. 3d DCA 2006)…. Read More »

Getting Through the Velvet Ropes of Florida’s Highest Court

By Robin Bresky |

While there are specific mandates under Florida law that require the Florida Supreme Court to grant review in certain instances, for most practitioners, getting your case heard by the Florida Supreme Court can seem as daunting as getting a front seat at the Kodak Theater during the Oscars.  Alas, Robin I. Bresky and Diana… Read More »

Want a Second Opinion?

By Robin Bresky |

Many of us are taught at a young age to trust the men and women of the cloth; cloth in this case consisting of a white poly-cotton blend lab coat.  In most cases, we trust our physicians with our lives and the lives of our loved ones.  As patients, we listen and do as… Read More »

Taking the Pathway of Discretionary Review Toward Florida’s Highest Court

By Robin Bresky |

by Diana L. Martin and Robin I. Bresky Florida Bar Journal – Page 55 Your client is on the losing end of an opinion issued by one of Florida’s five district courts of appeal and wants to know whether there is hope of having that opinion overturned by the state’s highest court. Given that… Read More »

Foreclosure as Means to Revenge

By Robin Bresky |

One of the most prominent disputes amongst divorcing couples is the division or disposal of the marital home. And, due to the current economic conditions, homes have been almost impossible to sell and many have fallen into foreclosure. A status most would try to avoid; but may not always be the case when resentful… Read More »