Tag Archives: Dismissal

Law Offices of Robin Bresky Wins Affirmance of Grant of Summary Judgment of Foreclosure and Dismissal of Counterclaims in Suit by Subcontractor Against Lender’s Assignee

By Robin Bresky |

Law Offices of Robin Bresky Wins Affirmance of Grant of Summary Judgment of Foreclosure and Dismissal of Counterclaims in Suit by Subcontractor Against Lender’s Assignee Pro-Frame Contracting, Inc. v. Highfields Development, LLC, 4D12-1886 The Law Offices of Robin Bresky successfully defended against an appeal by a subcontractor from a summary judgment of foreclosure and… 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 »

A Motion for New Trial in a Small Claims Action Must Be Filed Within Ten Days and Such a Motion Tolls the Rendition of the Order of the Trial Court Until Disposition of the Motion.

By Robin Bresky |

Arafat v. U-Haul Center Margate, 4D10-1179 June 22, 2011 The Fourth District addressed a writ of certiorari challenging a circuit court’s dismissal of an appeal as untimely. Arafat filed a complaint in small claims county court for $5,000 based on a statement of claim for items that were removed from her storage unit. The… 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 »