Tag Archives: Fourth DCA

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 »

Law Offices of Robin Bresky Obtains Affirmance of Order Ruling that Obligation in Property Settlement Agreement Did Not Apply to Non-Probate Assets

By Robin Bresky |

Richard Weil, Robert F. Weil, & Nancy Nittolo vs. Kathleen K. Weil, etc. et al. Case No. 4D13-4277 (Fla. 4th DCA, November 26, 2014) The Law Offices of Robin Bresky, with appellate co-counsel and trial counsel Amy Beller, recently obtained a per curiam affirmance of a trial court order in our client’s favor in… Read More »

Fourth DCA: Ruling Designating Keys Father Primary Residential Parent When Child Begins School Does Not Constitute Improper Prospective Relocation Order

By Robin Bresky |

Fourth DCA: Ruling Designating Keys Father Primary Residential Parent When Child Begins School Does Not Constitute Improper Prospective Relocation Order Krift v. Obenour, Case No. 4D13-1151 (Fla. 4th DCA, November 5, 2014) The Law Offices of Robin Bresky recently obtained a decision in our client’s favor in the Fourth DCA in a case regarding… Read More »

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

By Robin Bresky |

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.”… 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 »

Fourth DCA Holds that Florida Statute Commencing Limitations Period for Property Insurance Suit at Date of Loss Does Not Apply Retroactively

By Robin Bresky |

Fourth DCA Holds that Florida Statute Commencing Limitations Period for Property Insurance Suit at Date of Loss Does Not Apply Retroactively Donovan v. Florida Peninsular Ins. Co., 39 Fla. L. Weekly D 1421 (Fla. 4th DCA 2014) The Fourth District Court of Appeal (“DCA”) recently held in favor of a homeowner in a case… Read More »

Fourth DCA Holds That Inheritance Commingled with Marital Funds Became Marital Property Subject to Equitable Distribution

By Robin Bresky |

Fourth DCA Holds That Inheritance Commingled with Marital Funds Became Marital Property Subject to Equitable Distribution A divorce proceeding forces the parties, their attorneys, and possibly the court, to examine the parties’ assets to determine which assets are marital and which are non-marital. Absent an agreement between the parties, the marital assets are then… Read More »

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 »

Fourth DCA: Contempt Unavailable to Force Payment of Mortgage on Marital Home by Spouse Who Received Home in Dissolution of Marriage Proceeding

By Robin Bresky |

Fourth DCA: Contempt Unavailable to Force Payment of Mortgage on Marital Home by Spouse Who Received Home in Dissolution of Marriage Proceeding A common problem we have seen spouses encounter following divorce involves responsibility for the mortgage on the marital home. Family courts often award one spouse the marital home in equitable distribution. However,… Read More »

Firm Obtains Writ Disqualifying Judge from Presiding over Family Law Case

By Robin Bresky |

Firm Obtains Writ Disqualifying Judge from Presiding over Family Law Case Ballard v. Campbell, 4D13-2098 The Father in a post-dissolution family-law dispute had twice filed motions asking the judge to disqualify herself because of the appearance of partiality. One motion was based on a letter where the judge disclosed that she had been personally… Read More »