Tag Archives: summary judgment

Law Offices of Robin Bresky Wins Reversal of Summary Judgment in Homeowner’s Dispute Over Condo Association’s Use of Chemical Pesticides**

By Robin Bresky |

Law Offices of Robin Bresky Wins Reversal of Summary Judgment in Homeowner’s Dispute Over Condo Association’s Use of Chemical Pesticides Small v. Devon Condominium B Ass’n, Inc., 4D10-2302, 4D10-5243, 4D11-247, and 4D11-4110 The Law Offices of Robin Bresky recently won reversal of a trial court’s order granting summary judgment for a condominium association against a… Read More »

Law Offices of Robin Bresky Wins Affirmance of Final Summary Judgment Finding Condominium Purchaser Entitled to Benefit of Safe Harbor Statute

By Robin Bresky |

Law Offices of Robin Bresky Wins Affirmance of Final Summary Judgment Finding Condominium Purchaser Entitled to Benefit of Safe Harbor Statute The Plaza Condominium Ass’n, Inc. v. BAC Home Loans Servicing, L.P., 5D12-4354 The Law Offices of Robin Bresky recently successfully defended an appeal by a condominium association of a final summary judgment finding… Read More »

Law Offices of Robin Bresky Wins Affirmance of Grant of Summary Judgment of Foreclosure and Dismissal of Counterclaims in Suit by Subcontractor Against Lender’s Assignee

By Robin Bresky |

Law Offices of Robin Bresky Wins Affirmance of Grant of Summary Judgment of Foreclosure and Dismissal of Counterclaims in Suit by Subcontractor Against Lender’s Assignee Pro-Frame Contracting, Inc. v. Highfields Development, LLC, 4D12-1886 The Law Offices of Robin Bresky successfully defended against an appeal by a subcontractor from a summary judgment of foreclosure and… Read More »

Possession Determinations Give Power To Bring Non-Final Appeals

By Robin Bresky |

“Possession Determinations Give Power To Bring Non-Final Appeals”: Fourth DCA Clarifies That Order Must Direct Immediate Possession To Qualify As Appealable Non-Final Order Florida Atlantic Stock Transfer, Inc., v. Smith, 4D11-2955 Florida Atlantic Stock Transfer (“FAST”), a stock transfer agent, appealed from an order in an interpleader action it filed in a dispute over… Read More »

Law Offices of Robin Bresky Obtains Affirmance of Summary Judgment Against Apartments That Sought to Evict Residents

By Robin Bresky |

Canterbury Apartments, Inc. v. Sokol, Case No. 10-21735 CACE (26); L.T. Case No. 09-7287 COCE (53) We represented the tenants of a unit of a co-operative apartment building. Prior to our involvement in the case, the apartment building management filed suit against our clients alleging five separate violations of the lease, corporation by-laws, and… Read More »

Fourth DCA Rules in Favor of Homeowner and against Major Bank

By Robin Bresky |

McLean v. JP Morgan Chase Bank Case No. 4D10-3429 Chase filed a foreclosure action against McLean alleging that, as the legal and/or equitable owner and holder of the Note and Mortgage, it had the right to enforce the loan because McLean defaulted under the note and mortgage. Chase asserted that it could not obtain… Read More »

Fourth DCA Settles Dispute over Collapsed Roof between J.C. Penny and Dillard’s

By Robin Bresky |

J.C. Penney Company, Inc. v. Dillard’s, Inc. Case No. 4D10-1770 JCPenney sued Dillard’s for damage to its store at the Turtle Creek Mall in Mississippi. In 2005, the roof over the Dillard’s store (which was adjacent to the JCP store) collapsed from Hurricane Katrina, severing a sprinkler main and causing uncontrolled water flow into… 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 »

Fourth DCA Reverses and Remands Probate Court’s Distribution of Trust

By Robin Bresky |

Darian v. Weymouth Case No. 4D10-550 Andrew Darian, personal representative of the estate of his father, James E. Hughes, and trustee of the James E. Hughes Living Trust, appeals a final summary judgment entered in favor of Elizabeth Ann Weymouth, personal representative of the estate of her mother, Martha Mayfield Hughes where the probate… Read More »

U.S. Court of Appeals Reverses Summary Judgment Where Disputed Issue of Material Fact Exists – Win in Federal Appellate Court

By Robin Bresky |

VOIS, Inc. v. Michael Spindel and Edward Spindel, Case No. 10-15668-D We represented a corporation that had gone through multiple changes of ownership since issuing promissory notes to two of its investors and former directors, the Spindels. The corporation sued the Spindels for corporate wrongdoing, and the Spindels countersued claiming they were never paid… Read More »