Tag Archives: Attorney

Law Offices of Robin Bresky Successfully Defends Motion for Appellate Attorney’s Fees Based on Failure to Apportion Settlement Offer

By Robin Bresky |

Law Offices of Robin Bresky Successfully Defends Motion for Appellate Attorney’s Fees Based on Failure to Apportion Settlement Offer The Law Offices of Robin Bresky recently successfully defended against a motion for appellate attorney’s fees based on opposing counsel’s failure to apportion a settlement offer. The case concerned the Defendant’s failure to pay for… Read More »

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 »

Unauthorized Practice of Law Order Reversed; Colorado Attorney’s Professional Reputation Vindicated

By Robin Bresky |

Bovino v. MacMillan, 4D11-3105 The Law Offices of Robin Bresky recently won reversal of a trial court’s erroneous order finding that our client/Appellant, a Colorado attorney, engaged in the unauthorized practice of law. The Appellant had a broad power of attorney (POA) relating to the financial affairs of a man that he represented in… Read More »

Everyone Gets Their Day in Court: Fourth DCA Reverses Civil Contempt Order For Failure To Hold Evidentiary Hearing

By Robin Bresky |

Leo v. Leo Case No. 4D10-5127 In this family law appeal, appellant, Former Wife, appealed an order finding her in civil contempt. This appeal stemmed from a final judgment of dissolution of marriage between the appellant and the appellee, Former Husband. Subsequent to entry of the final judgment, Former Husband filed a motion for… Read More »

Statute of Limitations for a Legal Malpractice Action Begins When the Injured Party Knows or Should Know of the Injury or the Negligent Act

By Robin Bresky |

McLeod v. Elk, Bankier, Christu, P.A., 4D10 – 37 June 8, 2011 The Fourth District addressed the issue of whether the statute of limitations had expired before a claim for legal practice was filed.  In 1998, Robert McLeod hired Thomas Tew as his attorney in order to sue Fidelity Investments (“Fidelity”) for an alleged… Read More »

A Party’s Attorney is Legally Insufficient to Execute Sworn Affidavit Under Fla. Stat. §222.12 ; Affidavit Must be Executed by Party Who Sued

By Robin Bresky |

Caproc Third Ave., L.L.C. v. Donisi Ins. Inc., and Donosi, 4D09-4792 June 1, 2011 The Fourth District wrote to address the issue of who may properly deny facts set forth in a judgment debtor’s affidavit for exemption under section 222.12, Florida Statutes.  Caproc Third Avenue, LLC (“Caproc”) obtained a final judgment against Charles Donisi…. Read More »