Tag Archives: court

Fourth DCA: Florida Courts Lack Jurisdiction to Order Debtor to Turn Over Property Located Outside of Florida to Satisfy Judgment Debt

By Robin Bresky |

Fourth DCA: Florida Courts Lack Jurisdiction to Order Debtor to Turn Over Property Located Outside of Florida to Satisfy Judgment Debt Harry Sargeant III, Mustafa Abu-Naba’a, and International Oil Trading Co., LLC v. Mohammed Anwar Fari Al-Saleh, Case No. 4D13-1447 The Fourth District Court of Appeal (“Fourth DCA”) recently decided an important case regarding… Read More »

Law Offices of Robin Bresky Obtains Disqualification of Judge in Guardianship Case

By Robin Bresky |

Law Offices of Robin Bresky Obtains Disqualification of Judge in Guardianship Case Fourth DCA Case 4D13-368 The Law Offices of Robin Bresky recently prevailed in an original proceeding, a petition for writ of prohibition, to prevent the trial judge from presiding over further proceedings in a guardianship case where our client is the spouse… Read More »

Be Careful What You Ask For

By Robin Bresky |

“Be Careful What You Ask For” or “Read The Contract Before You Sign It”: Third DCA Reverses For Enforcement Of Forum Selection Clause In Contract Despite Drafting Party’s Claim Of Mistake Espresso Disposition Corp. 1 v. Santana Sales & Marketing Group, Inc., 3D12-1147 The parties signed an agreement, drafted by Santana, with a forum… Read More »

Paid In Full? Fourth DCA Holds Former Husband’s Settlement of Debt For Less Than Full Amount Sufficient Where Marital Settlement Agreement Failed to Specify Debt Amount

By Robin Bresky |

Cunha v. Cunha, 4D11-1892 The parties’ marriage was dissolved by a final judgment that incorporated a marital settlement agreement (“MSA”). The MSA gave the former husband the responsibility for paying a certain specific debt to a creditor, although the MSA did not specify the amount of that debt. The former wife filed a motion… Read More »

U.S. Court of Appeals Reverses Summary Judgment Where Disputed Issue of Material Fact Exists – Win in Federal Appellate Court

By Robin Bresky |

VOIS, Inc. v. Michael Spindel and Edward Spindel, Case No. 10-15668-D We represented a corporation that had gone through multiple changes of ownership since issuing promissory notes to two of its investors and former directors, the Spindels. The corporation sued the Spindels for corporate wrongdoing, and the Spindels countersued claiming they were never paid… Read More »

Available Income is the Proper Basis for an Alimony Award; A Marital Lifestyle That Exceeds the Parties’ Earnings is not a Proper Guide for Awarding Alimony

By Robin Bresky |

Cissel v. Cissel, 4D09-3029 & 4D10-1324 June 22, 2011 The Fourth District wrote to address an appeal of an alimony award and child support.  The court below found the former husband, appellant, to have a gross monthly income of $18,109.  The figure was based on his average earnings during the preceding fourteen months of… Read More »

Finding of Contempt for Failure to Pay Medical Expenses Improper Where Good Faith Dispute Existed as to Whether Procedure Was Reasonable and Necessary

By Robin Bresky |

Lustgarten v. Lustgarten, 4D09-4404 June 22, 2011 The parties entered into a settlement agreement that required the former husband, who is a physician, to pay former wife’s Medicare insurance premiums and medical expenses not covered by Medicare. Former wife later brought a motion for contempt, alleging that the former husband refused to pay 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 »

Reverses Order Dismissing Suit Entered Following Hearing Noticed Only as Status Conference

By Robin Bresky |

Marcline v. Florida Insurance Guaranty Association, 4D09-4948 May 25, 2011 The Fourth DCA recently reversed a trial court order dismissing the appellants’ case with prejudice entered following a status conference. The appellants had filed a claim with the Florida Insurance Guaranty Association (“FIGA”) after their insurer became insolvent. The appellants eventually sued for breach… Read More »

Fourth DCA Holds Order Dismissing Action for Failure to Attend Case Management Conference Insufficient Without Finding of “Willful and Contumacious Conduct”

By Robin Bresky |

Dedmon and Kelly v. Kelly, 4D09-3572 May 18, 2011 The Fourth District wrote to address an appeal from an order of dismissal of appellants’ complaint for failure to appear at a case management conference. A clerk’s default was entered in favor of appellants, and the appellee’s motion to set aside default was denied by… Read More »