Tag Archives: Florida Rule of Appellate Procedure

Possession Determinations Give Power To Bring Non-Final Appeals

By Robin Bresky |

“Possession Determinations Give Power To Bring Non-Final Appeals”: Fourth DCA Clarifies That Order Must Direct Immediate Possession To Qualify As Appealable Non-Final Order Florida Atlantic Stock Transfer, Inc., v. Smith, 4D11-2955 Florida Atlantic Stock Transfer (“FAST”), a stock transfer agent, appealed from an order in an interpleader action it filed in a dispute over… Read More »

Entitlement to Attorneys’ Fees Awarded Following Grant of Motion to Dismiss

By Robin Bresky |

Florida Rule of Appellate Procedure 9.400(b) states: A motion for attorneys’ fees may be served not later than the time for service of the reply brief and shall state the grounds on which recovery is sought. The assessment of attorneys’ fees may be remanded to the lower tribunal. If attorney’s fees are assessed by… Read More »

Appeal Dismissed in Favor of Client Where Unauthorized Under Appellate Rules

By Robin Bresky |

The issue was whether a trial court’s order denying exceptions to a general magistrate’s report and affirming the report, with several exceptions, was appealable as a final order or an appealable non-final order. We represented the Father of an infant child in a contentious custody dispute over timesharing and other issues. A general magistrate… Read More »

Want a Second Opinion?

By Robin Bresky |

Many of us are taught at a young age to trust the men and women of the cloth; cloth in this case consisting of a white poly-cotton blend lab coat.  In most cases, we trust our physicians with our lives and the lives of our loved ones.  As patients, we listen and do as… Read More »

Bonds, Stays and Writs of Garnishment: A Cautionary Tale

By Robin Bresky |

Individuals that seek to appeal a lower court judgment that involves solely a monetary judgment, are entitled to an automatic stay by posting a good and sufficient bond, pursuant to Florida Rule of Appellate Procedure 9.310(b)(1). The rule requires the bond be set in an amount that equals the judgment amount plus twice the… Read More »