Tag Archives: Fourth District Court of Appeal

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 »

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 »

Thinking of Handling Your Appeal Pro Se?

By Robin Bresky |

Thinking of Handling Your Appeal Pro Se? If you have lost a trial-level case or received an unfavorable interlocutory ruling, it is to your advantage to hire an appellate lawyer. Sometimes we see individuals decide to handle an appeal on their own (“pro se”), which can be complex and difficult for an individual who… 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 »

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 »

Law Offices of Robin Bresky Defeats Motion for Relinquishment of Jurisdiction

By Robin Bresky |

Law Offices of Robin Bresky Defeats Motion for Relinquishment of Jurisdiction In an appeal by a Former Husband who took his Former Wife’s jewelry and artwork, the Former Husband moved the Fourth District Court of Appeal to relinquish jurisdiction to the trial court. He argued that the trial judge should have an opportunity to… Read More »

Take Notice: Fourth DCA Reverses Summary Judgment of Foreclosure Where Homeowner Claimed Bank Failed to Provide Notice

By Robin Bresky |

Finnegan v. Deutsche Bank National Trust Co., 4D11-939 Deutsche Bank filed a mortgage foreclosure action alleging that Finnegan had failed to make payments on the promissory note. Deutsche Bank claimed that all conditions precedent to acceleration of the note, and the foreclosure action, had occurred. The mortgage document specified as a condition precedent that… Read More »

Specificity Required: Fourth DCA Holds Modification of Custody Was Not a Condition Precedent to Modification of Alimony Under Marital Settlement Agreement

By Robin Bresky |

Cook v. Cook, 4D11-2561 The parties were married for nineteen years and had four children. They filed for dissolution of marriage, and their marriage was later dissolved by a final judgment that incorporated a marital settlement agreement (“MSA”). The MSA set a specific child support obligation for the former husband. The MSA also set… Read More »

Law Offices of Robin Bresky Obtains Reversal of Order Denying Wife’s Attorney’s Fees and Attributing Wife Depleted Marital Assets

By Robin Bresky |

Goldstein v. Goldstein Case No. 4D10-3081 We represented a former wife in an appeal from an amended final judgment of dissolution of marriage. The trial court had denied our client her attorney’s fees and costs without making any findings as to our client’s need and the former husband’s ability to pay. Additionally, in the… Read More »