For those of you who’ve been following my blog and my long, long wait for a ruling from the court, I can now say that the light at the end of the tunnel is finally in view! Yesterday, the Florida 4DCA finally posted their opinion on my case. The good news is that they denied my adversary’s appeal of the trial court’s order from 2008. The great news is that they granted my appeal, remanded the question about “how much” my adversary must pay me for attorneys fees and costs, and also paved the way for the Trial Court to be able to consider the question of breach of contract, damages and unjust enrichment. So while it’s not completely over yet, as my son said,
“It’s the beginning of the end.”
The opinion will not be considered “final” (or as they call it in Florida, a “Mandate” for 15 days in order to give the parties an opportunity to request either clarification or reconsideration. But for those of you who are interested, you can download the Court’s opinion in .pdf form here: Carlin v. Javorek. The opinion only addresses the issues that were addressed in the order on appeal so it’s not really very informative as far as what I consider to be the “real” issues which brought about this case in the first place. But that’s okay because, as I said above, they not only did not slam the door shut on those issues, they left it wide open with a sign above it saying “Enter”.
Because of the nature of the case where certain issues remain to be resolved, I do not want to unfairly influence either the court, potential jurors, nor be in a position where I could actually be held liable for slander or libel (vs. unreasonably be accused of it) despite the fact that the truth is always a strong defense against such charges. So I hope y’all will understand if I don’t respond to any question for more details on those unresolved issues at this time.
I owe a huge hug and Thanks to my appellate attorney, Robin Bresky, without who’s understanding of what was really at stake in this case, hard work in researching the law and fussing over the wording to get it just right, and kind patience and understanding for what I have been personally going through. I could not have gotten through this without her and heartily recommend her services to anyone and everyone!
And, Thanks to all of you who have so kindly supported me and taken so much time out of your own lives to write me (on and off the blog) and/or call me. You are truly appreciated and I am blessed to have such friends as you.
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