Tag Archives: Fourth District Court of Appeals

Florida Supreme Court: State Law Prohibits Discrimination on the Basis of Pregnancy

By Robin Bresky |

Florida Supreme Court: State Law Prohibits Discrimination on the Basis of Pregnancy On April 17, 2014, the Florida Supreme Court decided that “discrimination because of sex” under the Florida Civil Rights Act (“FCRA”) includes discrimination based on pregnancy, which is a “natural condition and primary characteristic unique to the female sex.” Delva v. Continental… Read More »

Law Offices of Robin Bresky Successfully Obtains Leave to Add New Issues to Initial Brief on Appeal After Opposing Counsel Threatens Sanctions*

By Robin Bresky |

Law Offices of Robin Bresky Successfully Obtains Leave to Add New Issues to Initial Brief on Appeal After Opposing Counsel Threatens Sanctions* The Law Offices of Robin Bresky represented a former homeowner in the Fourth District Court of Appeal in an appeal from a final judgment of foreclosure. Our office filed an Initial Brief… 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 »

A Legitimate Stranger: Fourth DCA Holds Non-Party Had Standing to Attack Fraudulently Obtained Judgment

By Robin Bresky |

Davis v. M&M Aircraft Acquisitions, Inc. Case No. 4D11-706 The Fourth District Court of Appeal (“DCA”) reviewed a trial court order denying a non-party’s motion to vacate a final judgment. Robert Davis owned 40% of Aerovision, LLC, and Daniel McCue owned 60%. McCue sold his interest in Aerovision to M&M Aircraft. Davis then sought… Read More »

Insureds’ Entitlement to Attorney’s Fees Resolved – Win at the Fourth District Court of Appeal

By Robin Bresky |

Rahabi v. FIGA Case No. 4D10-846* The issue on appeal was whether our clients were entitled to an award of attorney’s fees because FIGA affirmatively denied our clients’ claim under the insurance policy prior to paying the appraisal award. Our clients’ roof was damaged by Hurricane Wilma in 2005. Our clients sought coverage under… Read More »

Inequitable Distribution of Assets Resolved – Win at the Fourth District Court of Appeal:

By Robin Bresky |

Bell v. Bell This was a divorce case involving several issues regarding the parties’ marital and non-marital assets. Our client appealed and the opposing party cross appealed. Our client’s main issues were the trial court’s failure to (1) award her half of the husband’s accounts receivable from loans he made to his businesses; and… Read More »

A Parent’s Efforts to Assume Parental Duties While Incarcerated is Relevant and Admissible in a Proceeding for Termination of Parental Rights.

By Robin Bresky |

L.K. v. Department of Children and Families, 4D10 – 5124 June 15, 2011 The Fourth District Court of Appeal addressed a final order terminating L.K.’s parental rights as to her daughter, G.B. The Department initiated dependency proceedings regarding G.B and took her into the Department’s custody. Shortly thereafter, L.K. was incarcerated for narcotics. The… Read More »

Past, Present, or Future Criminal Activity Necessary for a Constitutional Stop or Search When Acting on a Tip

By Robin Bresky |

Bryan v. State of Florida, 4D10-632 June 15, 2011 The Fourth District Court of Appeal wrote to address a trial court’s order denying a motion to suppress evidence obtained during a warrantless search.  Acting on an anonymous tip, police were dispatched to investigate a call about three black males in front of a home… Read More »

Revocation of Probation Reversed Where Warrant Fails to Allege Violation

By Robin Bresky |

Barrueta v. State of Florida, 4D10-2084 June 15, 2011 The Fourth District Court of Appeals addressed an appeal from a revocation of probation and resulting judgment and sentence. The appellant was on probation following a conviction on one count of trafficking in cocaine and one count of conspiracy to traffic in cocaine. The State… Read More »

Extended Turkish Vacation: Fourth DCA Affirms Trial Court’s Exercise of “Home State” Jurisdiction to Make Custody Determination Despite Children’s Absence From Florida for Seven Months

By Robin Bresky |

Sarpel v. Eflanli, 4D09-4828 & 4D10-3146 June 1, 2011 The Fourth District recently addressed a trial court’s jurisdiction to make a custody ruling under the Uniform Child Custody Jurisdiction and Enforcement Act (“UCCJEA”). The father had Turkish and American citizenship, and the mother was a Turkish citizen. The family members were longtime residents of… Read More »