Tag Archives: Hearing

Law Offices of Robin Bresky Helps Father Obtain Co-Guardianship of Developmentally Disabled Adult Daughter

By Robin Bresky |

Law Offices of Robin Bresky Helps Father Obtain Co-Guardianship of Developmentally Disabled Adult Daughter The Law Offices of Robin Bresky recently assisted a father and his trial counsel in obtaining co-guardianship of the father’s developmentally disabled adult daughter over the objections of his ex-wife. Our client’s ex-wife, who is the girl’s mother, filed a… 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 »

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 »

Guarding Due Process Rights in Guardianship: Fourth DCA Holds Timely Objection to Guardianship Plan Entitles Objector to a Hearing

By Robin Bresky |

Rothman-Browning v. Marshall Case No. 4D11-2079 The Fourth District Court of Appeal (“DCA”) reviewed a trial court order approving a guardianship plan over objection from a co-trustee. The co-trustee had filed the objection exactly thirty days after the guardianship plan was filed. The trial court approved the guardianship plan despite the co-trustee’s objection. The… Read More »

Factual Differences in the Complaint and Cure Letters in a Foreclosure Proceeding Preclude Summary Judgment

By Robin Bresky |

Valencia v. Deutsche Bank National Trust Company, 4D09-3297 June 22, 2011 The Fourth District addressed an appeal of an order granting summary final judgment in favor if the lender in a foreclosure proceeding.  The complaint had alleged December 1, 2003 as the date of the borrower’s default. The mortgage required that the lenders provide… Read More »

Reverses Order Dismissing Suit Entered Following Hearing Noticed Only as Status Conference

By Robin Bresky |

Marcline v. Florida Insurance Guaranty Association, 4D09-4948 May 25, 2011 The Fourth DCA recently reversed a trial court order dismissing the appellants’ case with prejudice entered following a status conference. The appellants had filed a claim with the Florida Insurance Guaranty Association (“FIGA”) after their insurer became insolvent. The appellants eventually sued for breach… Read More »