Florida Supreme Court Clarifies Procedure for Seeking Attorney’s Fees for Original Proceedings

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...

Firm Obtains Reversal of Temporary Attorney’s Fees Award in Modification of Alimony Proceedings

Bresky Law Obtains Reversal of Temporary Attorney’s Fees Award in Modification of Alimony Proceedings Giorlando v. Giorlando, 4D12-1220 Bresky Law recently won reversal of a trial court’s award of temporary attorney’s fees and costs in a petition for modification of alimony. The parties’ marriage was previously dissolved and a marital settlement agreement (“MSA”) was incorporated in...

Bresky Law Obtains Reversal of Order Denying Wife’s Attorney’s Fees and Attributing Wife Depleted Marital Assets

Goldstein v. Goldstein Case No. 4D10-3081 We represented a former wife in an appeal from an amended final judgment of dissolution of marriage. The trial court had denied our client her attorney’s fees and costs without making any findings as to our client’s need and the former husband’s ability to pay. Additionally, in the equitable distribution...

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...

Bresky Law Obtains Ruling Dispensing With Evidentiary Hearing Upon Remand Following Appellate Win

Bell v. Bell, 502007DR002692XXXXSB Case No. 4D10-5122 This was a divorce case with several contested issues regarding the parties’ marital and non-marital 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...

Bresky Law Obtains Reversal of Fee Award Against Former Wife Awarded Based on Rejection of a Settlement Offer

Hallac v. Hallac Case No. 4D10-4450 We represented a former wife in an appeal from the trial court’s order on opposing motions for attorney’s fees following trial. Early in the dissolution of marriage case, our client had rejected the former husband’s settlement offer and made a counteroffer. The case proceeded to trial and our client obtained...

Bresky Law Obtains Affirmance of Summary Judgment Against Apartments That Sought to Evict Residents

Canterbury Apartments, Inc. v. Sokol, Case No. 10-21735 CACE (26); L.T. Case No. 09-7287 COCE (53) We represented the tenants of a unit of a co-operative apartment building. Prior to our involvement in the case, the apartment building management filed suit against our clients alleging five separate violations of the lease, corporation by-laws, and rules and...

Insureds’ Entitlement to Attorney’s Fees Resolved – Win at the Fourth District Court of Appeal

Rahabi v. FIGA Case No. 4D10-846* The issue on appeal was whether our clients were entitled to an award of attorney’s fees because FIGA affirmatively denied our clients’ claim under the insurance policy prior to paying the appraisal award. Our clients’ roof was damaged by Hurricane Wilma in 2005. Our clients sought coverage under the...

Tuition Tales on Trial

Fourth DCA: Trial Court Erred in Holding Mother in Contempt Without Finding of Ability to Comply With Order Harris v. Hampton Case No. 4D11-966 The Fourth District Court of Appeal wrote to address an appeal of a non-final order of contempt entered after a final order in a post-dissolution of marriage case. The trial court had...

Fourth DCA Reverses Order Granting Attorney’s Fees in Lemon Law Arbitration as “Damages” Under Section 681.112(1), Fla. Stat.

Chrysler Group, LLC v. Musacchia, 4D10-212 June 8, 2011 The Fourth District Court of Appeal recently reversed a trial court decision granting a claim for attorney’s fees under section 681.112(1), Florida Statutes (2006). The Musacchias filed a successful arbitration action against Chrysler with the Lemon Law New Motor Vehicle Arbitration Board after they experienced numerous problems...