By Jonathan Mann
Whether a party seeking an award of attorney fees needs an expert witness to testify in support of the reasonableness of the fees requested has been the subject of much discussion and many written legal opinions in Florida.
Court Orders Dismissal with Prejudice in Favor of Bresky Law’s Client and Estate Plan
In a recent case, Bresky Law was originally retained to represent the personal representative in the administration of a probate estate that poured into a revocable living trust. During the probate administration, one of the trust beneficiaries filed an adversarial trust action, claiming the trust amendment had been procured by undue influence....
Larry King’s Secret Will Focus of Undue Influence Allegations
By Jennifer L. Delgado
Despite his fame and fortune, Larry King attempted to draft his own handwritten will to cut his estranged wife out of his estate. However, she claims it was the product of undue influence. On Jan. 23, 2021, Larry passed away at the age of 87 and...
Appellate Brief: Drastic Changes to Fla.’s County Court Appeals, Appellate Documents
By Robin I. Bresky and Jennifer L. Delgado
The new year began with drastic changes to Florida’s county court appeal procedures and document formats. The primary source of appellate jurisdiction is the Florida Constitution, which specifies that the district courts of appeal have appellate jurisdiction over appeals that are not...
Threat of Reducing the Gift and Estate Tax Exemption Prompts New Wave of Planning
By Jennifer L. Fox
The United States just experienced a historic election amid a worldwide pandemic. The election was filled with anticipation, confusion, and delays. One thing we can try to predict, however, is how the election may affect estate and gift tax, based on the new administration’s proposed tax...
Bresky Law Obtains Ruling Vacating Client’s Federal Sentence and Ordering Resentencing Based On Government’s Failure to Honor Plea Agreement
December 29, 2020*
Bresky Law recently obtained a decision in the United States Court of Appeals For The Eleventh Circuit that vacated our client’s sentence for federal criminal charges and ordered resentencing.
Our client had entered a plea agreement to plead guilty to federal criminal charges...
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,...
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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....
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