Bresky Law Wins Reversal of Trial Court Order Summarily Denying Petition for Injunction Against Domestic Violence Without a Hearing

July 13, 2016* Bresky Law recently obtained reversal of a trial court order summarily denying a petition for injunction against domestic violence without a hearing. The petitioner filed a form petition in circuit court, checking the boxes on the form indicating that she was a victim of domestic violence or had reasonable cause to believe she...

Bresky Law Wins Affirmance of Trial Court Ruling Denying Mother’s Request for Attorney’s Fees, Awarding Father Attorney’s Fees, Imputing Income to Mother, and Awarding Rotating Timesharing

Gonzalez v. Walker, Case No. 4D14-4013 (Fla. 4th DCA, May 18, 2016)* Bresky Law recently obtained an affirmance on appeal in favor of our client on a number of important disputed issues between the parties. We represented the father in the appeal. The trial court had held a trial and entered a Final Judgment of...

Bresky Law Obtains Unanimous Decision as Co-counsel in Supreme Court of Florida Appeal Addressing Use of Pre-Arrest, Pre-Miranda Silence Against Accused

State v. Donna Horwitz, SC15-348 (Fla., May 5, 2016).* On May 5, 2016, the Supreme Court of Florida issued a unanimous decision in favor of our client in an appeal that is likely to have substantial consequences for police-citizen encounters and criminal defendants across the state. Board-certified appellate specialist Jonathan Mann of Bresky Law served...

Fourth DCA Clarifies Standards for E-Notes in Foreclosure Cases and Reminds Appellants of the Need to Preserve Arguments

Rivera v. Wells Fargo Bank, N.A., et al., Case No. 4D14-2273 (Fla. 4th DCA, April 20, 2016)* In a recent foreclosure case that was based on an electronic promissory note (“e-note”), the borrowers raised four arguments in their appeal to Florida’s Fourth District Court of Appeal (“Fourth DCA”). The Fourth DCA decided that two...

What Is It, How Much Is It Worth, and Who Gets It?: Fourth DCA Reverses Final Judgment of Dissolution for Failure to Include Required Findings as to Equitable Distribution

Joseph W. Pierre v. Marie C. Pierre, Case No. 4D14-1651 (Fla. 4th DCA, February 24, 2016)* Florida law requires that certain trial court rulings in family court cases, such as those on equitable distribution and alimony, must be supported with specific written findings. The written findings allow an appeals court to review the trial court’s...

When One Notice Is Enough: Fourth DCA Clarifies When Lender Is Required to Send New Notice of Default Before Filing New Suit Following Prior Voluntary Dismissal

Michael E. Sill a/k/a Michael Sill v. JP Morgan Chase Bank, National Association Case No. 4D14-1014 (Fla. 4th DCA, January 6, 2016)* The Fourth District Court of Appeal recently held that a mortgage lender was not required to send a borrower another notice of default before the lender filed a new foreclosure suit after the...

Fourth DCA Reverses Alimony Award For Lack of Supporting Factual Findings

Kelley v. Kelley, 4D14-756 (Fla. 4th DCA, Sept. 30, 2015). A common reversible error that trial courts make in final judgments of dissolution of marriage is the failure to make sufficient factual findings to support alimony awards. Florida law requires that a trial court awarding a party alimony make findings on a specific set of...

Bresky Law Wins Reversal of Order Basing Father’s Child Support Obligation on Abnormally High Income Year

Bresky Law Wins Reversal of Order Basing Father’s Child Support Obligation on Abnormally High Income Year Rudnick v. Harman, Case No. 4D13-1359 & 4D13-1364 (Fla. 4th DCA, January 28, 2015)* Bresky Law recently obtained the reversal of a trial court order that erroneously based our client’s child support obligation on one year of abnormally high income....

Bresky Law Obtains Affirmance of Order Ruling that Obligation in Property Settlement Agreement Did Not Apply to Non-Probate Assets

Bresky Law, with appellate co-counsel and trial counsel Amy Beller, recently obtained a per curiam affirmance of a trial court order in our client’s favor in a dispute over the interpretation of language in a property settlement agreement (“Agreement”). The Decedent entered into the Agreement as part...

Fourth DCA: Ruling Designating Keys Father Primary Residential Parent When Child Begins School Does Not Constitute Improper Prospective Relocation Order

Fourth DCA: Ruling Designating Keys Father Primary Residential Parent When Child Begins School Does Not Constitute Improper Prospective Relocation Order Krift v. Obenour, Case No. 4D13-1151 (Fla. 4th DCA, November 5, 2014) Bresky Law recently obtained a decision in our client’s favor in the Fourth DCA in a case regarding timesharing where the parties live greater...