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....

Bresky Law Successfully Obtains Entitlement to Attorney’s Fees for Landowner in Suit Against Community

November 16, 2018* Bresky Law recently assisted a landowner in obtaining entitlement to attorney’s fees in a lawsuit brought against him by his community regarding termination of his membership in the community and nuisance. The community sued the landowner for declaratory judgment and nuisance, seeking a ruling that certain actions taken by the landowner in the...

Bresky Law Obtains Order Denying Discretionary Review of Probate Matter in Florida Supreme Court

October 25, 2018* Bresky Law recently assisted an elderly client in obtaining dismissal of a trustee’s attempt to take a probate proceeding to the Florida Supreme Court. Our client was the beneficiary of a decedent’s will and trust. The Trustee initiated the probate case as personal representative of the estate. Our client later initiated a separate...

Bresky Law Obtains Reversal of Order Granting Summary Judgment

August 17, 2018* Bresky Law recently assisted a chiropractic care center in obtaining reversal of a county court order granting final summary judgment in favor of an insurance company that our client had sued. Our client provided medical treatment to an insured patient following a car accident. Our client later sued the patient’s auto insurance company...

Bresky Law Succeeds in Appeal of Permanent Injunction for Protection Against Dating Violence

August 8, 2018* Bresky Law recently assisted a client in obtaining a per curiam affirmance of a restraining order protecting him against violence by his former girlfriend. At the trial court level, the Petitioner filed a sworn petition for injunction for protection against dating violence pursuant to section 784.046, Florida Statutes (2017). Based on the evidence...

Bresky Law Obtains Dismissal of Trustee’s Appeal for Lack of Jurisdiction

July 10, 2018* Bresky Law recently assisted an elderly client in obtaining dismissal of an appeal of an order in a probate proceeding. Our client was the beneficiary of a decedent’s will and trust. The Trustee initiated a probate case as the personal representative of the estate. Our client later initiated a trust case alleging breach...

Appellate Court Grants Motion Filed By Bresky Law On Behalf Of Client To Recategorize Appeal Of Permanent Injunction As Appeal From Non-Final Order

While Florida Rule of Appellate Procedure 9.130(a)(3)(B) might seem to indicate that only temporary injunction orders may be appealed as non-final orders under that rule, Bresky Law recently filed a successful motion asking the Third District Court of Appeal to treat an appeal from a Final Judgment of Injunction for Protection Against Dating Violence...

Bresky Law Successfully Appeals Denial of Client’s Due Process Rights By Trial Court’s Precluding Presentation of Case-In-Chief at Final Hearing, Which Was Fundamental Error

Recently, Bresky Law helped a mother obtain an appellate reversal of the final judgment in a paternity case. At the Final Hearing, the Father was afforded his right to present his case-in-chief. The trial judge stated repeatedly at the hearing that the Mother would have the same opportunity. However, due to the time limitations...

The Fourth District Court Of Appeal Disapproves The Clerk Of The Court’s Practice Of Backdating Judgments

In Guy v. Plaza Home Mortgage, Inc., Case No. 4D17-3335 (Fla. 4th DCA Apr. 25, 2018), the summary judgment hearing in a foreclosure case was held on an afternoon in September of 2017. However, the lower tribunal’s clerk’s office’s electronic time stamp revealed that the final judgment was filed approximately five hours before the scheduled hearing. In...

Bresky Law Secures Win for Condominium Association on Insurance Claim for Substantial Hurricane Wilma Damage

The Firm’s client, a condominium association for a community with eight buildings, over 400 residential units, a clubhouse and two pools, recently prevailed in an appeal from a Final Judgment based on the interpretation of insurance policy language concerning application of the policy deductible. The action arose from extensive hurricane/windstorm damage suffered by the condo...