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 Group,...
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Bresky Law Successfully Obtains Leave to Add New Issues to Initial Brief on Appeal After Opposing Counsel Threatens Sanctions*
Bresky Law Successfully Obtains Leave to Add New
Issues to Initial Brief on Appeal After Opposing Counsel Threatens Sanctions*
Bresky Law 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 on the homeowner’s behalf that raised two issues...
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Everyone Gets Their Day in Court: Fourth DCA Reverses Civil Contempt Order For Failure To Hold Evidentiary Hearing
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 civil contempt...
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A Legitimate Stranger: Fourth DCA Holds Non-Party Had Standing to Attack Fraudulently Obtained Judgment
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 a declaratory...
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Insureds’ Entitlement to Attorney’s Fees Resolved – Win at the Fourth District Court of Appeal
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 the...
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Inequitable Distribution of Assets Resolved – Win at the Fourth District Court of Appeal:
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 (2)...
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A Parent’s Efforts to Assume Parental Duties While Incarcerated is Relevant and Admissible in a Proceeding for Termination of Parental Rights.
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 evidence showed...
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Past, Present, or Future Criminal Activity Necessary for a Constitutional Stop or Search When Acting on a Tip
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 by a...
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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...
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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
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 Florida. On...
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