Florida Supreme Court Clarifies Procedure for Seeking Attorney’s Fees for Original Proceedings
There has been some confusion about when and how a party must seek prevailing-party attorney’s fees for an original proceeding in an appellate court under Rule 9.100, including petitions for writs of certiorari, mandamus, prohibition, habeas corpus, quo warranto, and “all writs.” Until...
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Bresky Law Successfully Obtains Leave to Add New Issues to Initial Brief on Appeal After Opposing Counsel Threatens Sanctions*
Bresky Law Successfully Obtains Leave to Add New
Issues to Initial Brief on Appeal After Opposing Counsel Threatens Sanctions*
Bresky Law 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 on the homeowner’s behalf that raised two issues...
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Bresky Law 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 receivable from...
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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. The case...
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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 a...
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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)....
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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...
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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...
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The Record Deal: And We’re Not Talking Songs
Florida Rule of Appellate Procedure 9.200 dictates what documents shall be included in the record on appeal. In relevant part, the rule states:
Except as otherwise designated by the parties, the record shall consist of the original documents, exhibits, and transcripts(s) of proceedings, if any, filed in the lower tribunal….
9.200(a)(1), Fla. R. App. P. ...
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