Tag Archives: appeals

Motions for Recusal: Effective Tool for Litigants Faced With Judges They Perceive as Biased

By Robin Bresky |

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 Successfully Obtains Leave to Add New Issues to Initial Brief on Appeal After Opposing Counsel Threatens Sanctions*

By Robin Bresky |

Law Offices of Robin Bresky Successfully Obtains Leave to Add New Issues to Initial Brief on Appeal After Opposing Counsel Threatens Sanctions* The Law Offices of Robin Bresky represented a former homeowner in the Fourth District Court of Appeal in an appeal from a final judgment of foreclosure. Our office filed an Initial Brief… Read More »

Law Offices of Robin Bresky Is Ready to Handle Appeals of Issues under the New Electronic Discovery Rules

By Robin Bresky |

Law Offices of Robin Bresky Is Ready to Handle Appeals of Issues under the New Electronic Discovery Rules On July 5, 2012, the Florida Supreme Court made several changes to the Florida Rules of Civil Procedure that will take effect on September 1, 2012 regarding discovery of electronically stored information (“ESI”). See In Re:… Read More »

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 »

Entitlement to Attorney’s Fees in Probate Matter Resolved

By Robin Bresky |

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

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 »

Why Certiorari?

By Robin Bresky |

Attorney-client privilege is the right of clients to refuse to disclose confidential communications with their lawyers to third parties. This privilege is fundamental to preserve the right to effective legal counsel. Lawyers cannot function effectively on behalf of their clients without the ability to communicate with them in confidence. With that said, as an… Read More »