Estate Planning During a Pandemic

By Jennifer L. Delgado, J.D., LL.M.

Due to the current pandemic, many of us have been thinking about our mortality. As a result, pushing off one’s estate plan is no longer an option. During these unpredictable times, individuals are motivated to quickly create or update their estate plans. The...

Bresky Law Obtains Reversal of Order Denying Motion To Set Aside Oral Marital Settlement Agreement

Bresky Law recently obtained reversal of a trial court order denying a husband’s motion to set aside a purported oral settlement agreement in a dissolution of marriage proceeding.

The parties were scheduled for a hearing on the wife’s motion for temporary relief in the pending dissolution proceeding. The parties’...

Preparing Your College Child to Return During COVID

By Jennifer Fulton Those of you sending your children off to college may be surprised and frustrated by the barriers that suddenly exist to receiving information about your fledgling adult making their way in the world. Now that they are 18, your little darling is considered an adult (here in Florida,...

Creative Solution to Jurisdictional Issue Helps Firm Obtain Writ of Certiorari Protecting Elderly Lady’s Health Records

March 9, 2020* It is not easy to convince an appellate court to issue a writ of certiorari to quash a trial court’s order compelling discovery. The petitioner must demonstrate “a departure from the essential requirements of law that will cause material injury for which there is no adequate remedy by appeal.” Fla. R. App....

During or After Your Divorce, It’s Time to Update Your Estate Plan

By Jennifer L. Fulton, Esquire If you are going through a divorce, consider your estate plan. Most people want someone other than the spouse they are divorcing to make their health care decisions for them. You may also want to change the fiduciaries named in your documents and change the beneficiaries. The rules are different...

Hand Sanitizer, Toilet Paper and… An Estate Plan?

By Jennifer L. Fulton, Esquire The recent coronavirus pandemic has all of us making our emergency preparedness list: hand sanitizer, toilet paper, sanitizing wipes, etc. But perhaps you haven’t thought of another important measure that should be in place, to protect you and your family: a basic estate plan. This can be done with social...

Bresky Law successfully secures ruling in a case of national origin discrimination and retaliation

Bresky Law was recently successful in securing affirmance of a substantial verdict in favor of a former employee in a suit against her former employer for national origin discrimination and retaliation. The Plaintiff began working for the employer through a temp agency and was later hired full-time. Shortly thereafter, persons from a certain country became...

Significant Caselaw: When Expert Testimony Is Not Required to Obtain an Award of Attorney’s Fees

April 1, 2020* Robin Bresky argued before the Fourth DCA and successfully defended an award of attorney’s fees involving an important issue of law. Bresky Law assisted the appellee, another law firm, in an appeal by that firm’s former client, a condominium association. The association challenged the fee award due to the absence of supporting...

What Is a Power of Attorney and Why Would I Want One?

We live in uncertain times. Our GPS re-routes us for accidents during our commute. There are rumors of epidemics that may impact our health. According to the Alzheimer’s Association, 1 in 3 seniors dies with Alzheimer’s or another dementia. It is uncomfortable to think about moving from being healthy and in control of your...

Bresky Law Obtains Disqualification of Trial Judge for Clients Before Attorneys’ Fee Hearing

In Florida, “every litigant is entitled to nothing less than the cold neutrality of an impartial judge.” State v. Parks, 141 Fla. 516, 194 So. 613, 615 (Fla. 1939). If a trial court judge says or does something that appears to indicate bias, prejudice, partiality, or prejudgment against a litigant, that party may have...