Bresky Law Obtains Ruling Dispensing With Evidentiary Hearing And Awarding Client $660,611 Cash Distribution Following Appellate Win

Bell v. Bell, Case No. 4D10-5122 This was a divorce case with several contested issues regarding the parties’ 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 of the husband’s accounts receivable from...

A Motion for New Trial in a Small Claims Action Must Be Filed Within Ten Days and Such a Motion Tolls the Rendition of the Order of the Trial Court Until Disposition of the Motion.

Arafat v. U-Haul Center Margate, 4D10-1179 June 22, 2011 The Fourth District addressed a writ of certiorari challenging a circuit court’s dismissal of an appeal as untimely. Arafat filed a complaint in small claims county court for $5,000 based on a statement of claim for items that were removed from her storage unit. The court entered...

Revocation of Probation Reversed Where Warrant Fails to Allege Violation

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 later obtained...

Fourth DCA Reverses Order Granting Attorney’s Fees in Lemon Law Arbitration as “Damages” Under Section 681.112(1), Fla. Stat.

Chrysler Group, LLC v. Musacchia, 4D10-212 June 8, 2011 The Fourth District Court of Appeal recently reversed a trial court decision granting a claim for attorney’s fees under section 681.112(1), Florida Statutes (2006). The Musacchias filed a successful arbitration action against Chrysler with the Lemon Law New Motor Vehicle Arbitration Board after they experienced numerous problems...

A Party’s Attorney is Legally Insufficient to Execute Sworn Affidavit Under Fla. Stat. §222.12 ; Affidavit Must be Executed by Party Who Sued

Caproc Third Ave., L.L.C. v. Donisi Ins. Inc., and Donosi, 4D09-4792 June 1, 2011 The Fourth District wrote to address the issue of who may properly deny facts set forth in a judgment debtor’s affidavit for exemption under section 222.12, Florida Statutes. Caproc Third Avenue, LLC (“Caproc”) obtained a final judgment against Charles Donisi. A writ...

Tipsy Coachman, Anticipatory Repudiation, and Adhering to Your Own Contractual Remedies: Fourth DCA Affirms Judgment for Prospective Home Buyers Despite Seller’s Assertion of Anticipatory Repudiation Defense

Shelby Homes at Millstone, Inc. v. Cullinane, 4D10-289 May 18, 2011 Four months prior to expiration of the contractual time period for completion of a home, the buyers’ counsel sent a letter to the seller’s counsel stating that the home buyers “may not be able to obtain financing under the same terms and conditions as originally...

Trial Attorneys Take Note – 57.105 Motion Overturned and Express Malice for Defamation Expanded

The issue was whether the trial court abused its discretion in ordering our client and our client’s attorney to pay 57.105 attorney’s fees in a defamation action. Our client sued the opposing party for defamation after being forced out of business by the opposing party’s outrageous allegation that our client, a jeweler, replaced diamonds from...