4th DCA Rules in Favor of SSRGA Client in Severance of Parental Rights Issue

SSRGA successfully defended their client (the father) in a case where the mother sought to terminate his parental rights based on his incarceration, arguing that his placement on home confinement did not constitute incarceration under Florida law, ultimately resulting in the dismissal of the mother's petition.

K.M. (“the mother”)...

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’...

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....

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...

Bresky Law Assists Estate in Obtaining Per Curiam Affirmance of Order Sanctioning Plaintiffs and Plaintiffs’ Attorneys

Bresky Law recently assisted a defendant’s estate in defending the propriety of a sanctions order in an appeal by the plaintiff. The plaintiff sued the defendant after the defendant stopped payment on a check for goods to be purchased from the plaintiff. The defendant filed a motion for sanctions pursuant to section 57.105, Florida...

Daily Business Review Features Bresky Law’s Appellate Matter Holding the Disqualification of Trial Judge

Florida Rule of Judicial Administration 2.330 and section 38.10, Florida Statutes, govern the disqualification of trial judges. A party may seek to have a judge disqualified where the party “fears that he or she will not receive a fair trial or hearing because of specifically described prejudice or bias of the judge.” “The question...

Update: Minor Child Permitted To Relocate Out Of State to Reside With The Father After The Trial Court Granted A Motion For Rehearing In Favor Of The Father Who Received Litigation Support From Bresky Law

Following the trial court’s dismissal of his Second Supplemental Petition to Permit Relocation with Minor Child in a paternity action, the Father retained Bresky Law to draft a Motion for Rehearing to be filed by trial counsel. The trial court granted the Motion for Rehearing, which effectively undid the dismissal order. Following the granting of the...

Bresky Law Prevails in Classifying Order as Final, Appealable Order

August 2019 District courts of appeal have jurisdiction to review final orders under Florida Rule of Appellate Procedure 9.110 and certain nonfinal orders under Rule 9.130. Other kinds of nonfinal orders not listed in Rule 9.130 cannot be reviewed via an interlocutory appeal; they can be reviewed only within a plenary appeal from an eventual...

Bresky Law Obtains Affirmance of Final Judgment for Tenant Injured at Apartment Building*

Our firm recently obtained an affirmance of a final judgment rendered in favor of an injured tenant following a favorable verdict. The tenant plaintiff suffered injuries when he fell on the stairs outside of his apartment as the result of a loose handrail. The plaintiff sought damages from the landlord, who owned the apartment complex....