Tag Archives: appellate law

Burden of Proof on the Party Asserting a Nonmarital Value to a Marital Residence

By Robin Bresky |

Konz v. Konz, 4D09-4454 June 1, 2011 The Fourth District addressed an issue of valuation regarding a marital residence during a dissolution of marriage proceeding.  At the time of the marriage, appellant, husband owned a home that had a fair market value of $380,000 with a $25,000 mortgage.  During the marriage, the home was… 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 »

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 »

In These Economic Times…

By Robin Bresky |

The economic downturn the country has been experiencing has affected families, individuals and corporations alike.  In Florida in particular, the insurance industry has been hard hit and eventually, the losses get passed down to the consumer.  In most cases, consumers will obtain insurance from underwriters who have contractual relationships with the actual providers.  The… Read More »

Bonds, Stays and Writs of Garnishment: A Cautionary Tale

By Robin Bresky |

Individuals that seek to appeal a lower court judgment that involves solely a monetary judgment, are entitled to an automatic stay by posting a good and sufficient bond, pursuant to Florida Rule of Appellate Procedure 9.310(b)(1). The rule requires the bond be set in an amount that equals the judgment amount plus twice the… 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 »

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 »