Tag Archives: Fourth District Court of Appeal

Law Offices of Robin Bresky Obtains Ruling Dispensing With Evidentiary Hearing Upon Remand Following Appellate Win

By Robin Bresky |

Bell v. Bell, 502007DR002692XXXXSB Case No. 4D10-5122 This was a divorce case with several contested issues regarding the parties’ marital and non-marital assets. Our client, the former wife, appealed the final judgment of dissolution of marriage. The former husband cross-appealed. Our client’s main issues were (1) the trial court’s failure to award her half… 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 »

Law Offices of Robin Bresky Obtains Reversal of Child Support Order to Award Mother Her Child’s Uncovered Medical Expenses

By Robin Bresky |

Judkins v. Dep’t of Revenue and Jose Briceno Case No. 4D10-4579 We represented a mother in her appeal from the Department of Revenue’s child support order. The mother had sought an order requiring the father of her child to pay child support. Specifically, the mother’s application for child support enforcement sought financial contribution from… Read More »

Fourth DCA Reverses Order of Contempt

By Robin Bresky |

Parris v. Silveira and Parris Case No. 4D11-3006 Angelica Parris gave birth to a child while married to Joseph Parris. Angelica later filed for divorce, representing in her petition for dissolution that there were no minor children of the marriage. The trial court entered a final judgment of dissolution of marriage. Silveira later filed… Read More »

Free Rent Ends When New Marriage Begins: Fourth DCA Makes Clear That Awards of Exclusive Possession of Marital Home Must Provide for Termination Upon Remarriage

By Robin Bresky |

Fisher v. Fisher Case No. 4D10-383 The Fourth District Court of Appeal (“Fourth DCA”) addressed a direct appeal from a final judgment of dissolution of marriage. The trial court’s final judgment provided that the former wife and minor children would have exclusive use and possession of the marital home until the youngest child reached… Read More »

Rip Van Winkle and Default Judgments: Fourth Reverses Order Granting Motion To Vacate Eighteen Year Old Default Judgment

By Robin Bresky |

Block v. Tosun Case No. 4D11-1594 The Fourth District Court of Appeal (“DCA”) reviewed a trial court order granting a motion to vacate an eighteen year old default judgment without an evidentiary hearing. The plaintiff trustees had obtained a default judgment against Tosun in 1992. Eighteen years later, with no record activity having occurred,… Read More »

Law Offices of Robin Bresky Obtains Per Curiam Affirmance of Order Dismissing Former Husband’s Petition For Modification of Alimony

By Robin Bresky |

Rice v. Rice Case No. 4D10-2523 We represented a former wife whose trial counsel succeeded in getting her former husband’s petition for modification of alimony dismissed, as well as attorney’s fees as a sanction. The parties had divorced in 2005 and entered into a Marital Settlement Agreement whereby the former husband paid the former… Read More »

Fourth DCA Affirms Judgment for Homeowners Association Where Enforcement of Declaration Left to Association’s Discretion

By Robin Bresky |

Heath v. Bear Island Homeowners Association, Inc. Case No. 4D10-3779 The Fourth District Court of Appeal (“DCA”) reviewed a trial court’s final judgment in favor of the defendant homeowners association (“HOA”) and the HOA’s board member. Heath, the plaintiff, had filed suit against the defendants for injunctive relief to compel them to enforce the… Read More »

Saved by Sloppy Filing: Fourth DCA Reverses Summary Judgment of Foreclosure Where Bank Failed to Attach Assignment

By Robin Bresky |

Duke v. HSBC Mortgage Services, LLC, Case No. 4D09-5183 The Fourth District Court of Appeal (“DCA”) reviewed a trial court order granting summary judgment of foreclosure against the homeowners, who were husband and wife. At the time HSBC filed its complaint in the trial court, it attached a mortgage showing the Dukes as the… Read More »

State Taxation of Gasoline Sales Outside of Indian Lands Does Not Violate Indian Commerce Clause of U.S. Constitution

By Robin Bresky |

Florida Dep’t of Revenue v. Seminole Tribe of Florida, 4D10-456 June 22, 2011 The issue of the taxability of gasoline sales to the Seminole Tribe made off the reservation was presented to the Fourth District Court of Appeal.  The trial court granted the Seminole Tribe’s motion for summary judgment while denying the Department of… Read More »