Tag Archives: evidence

Law Offices of Robin Bresky Wins Reversal of Order Basing Father’s Child Support Obligation on Abnormally High Income Year

By Robin Bresky |

Law Offices of Robin Bresky Wins Reversal of Order Basing Father’s Child Support Obligation on Abnormally High Income Year Rudnick v. Harman, Case No. 4D13-1359 & 4D13-1364 (Fla. 4th DCA, January 28, 2015)* The Law Offices of Robin Bresky recently obtained the reversal of a trial court order that erroneously based our client’s child… 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 »

Florida Supreme Court Curtails Medical Malpractice Defense

By Robin Bresky |

Florida Supreme Court Curtails Medical Malpractice Defense Saunders v. Dickens, 39 Fla. L. Weekly S 494 (Fla. July 10, 2014)* In several medical malpractice cases, defendants have argued that the defendant doctor’s misdiagnosis did not really cause the injury if a subsequent treating physician has testified that the eventual treatment would have been the… Read More »

Law Offices of Robin Bresky Obtains Affirmance of Final Judgment Based on Verdict for Plaintiff in Personal Injury Automobile Accident Suit

By Robin Bresky |

Law Offices of Robin Bresky Obtains Affirmance of Final Judgment Based on Verdict for Plaintiff in Personal Injury Automobile Accident Suit Garcia Rojas v. Aristizabal, 3D12-384 The Law Offices of Robin Bresky recently won an affirmance of a final judgment awarding our client damages for personal injuries he sustained in an automobile accident. Our… Read More »

Undue Influence Argument Is Undone

By Robin Bresky |

Miller v. Bohan, 4D11-1169 The Law Offices of Robin Bresky recently won an affirmance of a final judgment in our client’s favor in an appeal involving a trust amendment. Our client’s remaining living sister brought a lawsuit against our client contesting the trust amendment their deceased sister had executed in favor of our client…. Read More »

Law Office of Robin Bresky Obtains Reversal Where The Trial Court Excluded Stocks As Marital Income, Failed To Identify Marital Property In Jamaica, and Abused Its Discretion In The Parenting Plan

By Robin Bresky |

Preudhomme v. Bailey Case No. 4D10-3262 Our firm challenged the trial court’s final judgment on behalf of a former wife claiming that the lower court erred in dividing the assets, calculating income of the husband, awarding an inadequate amount of alimony, calculating child support payable by the wife, and including overly restrictive parenting provisions…. 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 »

Fourth DCA Reverses and Remands Trial Court’s Directed Verdict Against Plaintiff

By Robin Bresky |

Westervelt v. Thyssenkrupp Elevator Corporation and Toscana North Condominium Association, Inc. Case No. 4D08-3037 Westervelt worked as a concierge at a Toscana condominium building. Westervelt was injured as a result of riding in a condominium elevator, which suddenly stopped while traveling from an upper floor to the lobby. Toscana had hired Thyssenkrupp to maintain… Read More »

Circumstantial Evidence Must Rebut Any Reasonable Hypothesis of Innocence to Withstand a Motion For Judgment of Dismissal

By Robin Bresky |

D.F.J. v. State of Florida, 4D10-1763 May 25, 2011 The Fourth District addressed a juvenile defendant’s appeal of conviction for aggravated battery and robbery with a weapon. The evidence showed that the defendant and codefendant were present in the victim’s backyard, drinking beer with the victim and another man. At some point, the victim… Read More »