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 entered...
Continue reading…
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 conditions...
Continue reading…
The Law of the Case Doctrine – Win at the Third DCA against Luxury Automotive Dealership
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)....
Continue reading…
Getting Through the Velvet Ropes of Florida’s Highest Court
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...
Want a Second Opinion?
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...
Continue reading…
Taking the Pathway of Discretionary Review Toward Florida’s Highest Court
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 the Florida...
Continue reading…
Foreclosure as Means to Revenge
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...
Continue reading…