Bresky Law Obtains Reversal of Final Judgment Denying Fee Award Without Findings of Need and Ability to Pay

May 19, 2021

Bresky Law recently obtained reversal of a Final Judgment of Dissolution of Marriage that denied our client’s request for attorney’s fees.

The parties were married for sixteen years before the wife filed for a divorce. The husband earned a significant income while the...

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...

Attorney’s Fees and the Requirement of Expert Witness Testimony in Florida

July, 2019 A party to litigation in Florida is often entitled to recoup its reasonable attorney’s fees from the opposing party pursuant to a statute or a contract between the parties. Florida law requires in most cases that a party seeking its fees from the opposing party introduce the testimony of an expert witness in...

Bresky Law Serves as Expert Attorney’s Fee Witness for Homeowners Who Prevailed in Appeal Against HOA

September 20, 2017 Appellate attorney Jonathan Mann of Bresky Law recently served as an expert attorney’s fee witness on behalf of homeowners who prevailed in an appeal brought by their homeowner’s association (“HOA”). The homeowners prevailed at the county court level after a particularly long and drawn-out legal dispute regarding assessments. The homeowners also obtained a...

Bresky Law Obtains PCA Affirming Trial Court’s Orders in Child Time-sharing Contempt Proceeding

Case No. 4D15-2264 (Fla. 4th DCA, Oct. 20, 2016)* Bresky Law recently represented a father as the appellee opposing an appeal by the mother/former wife regarding a contempt proceeding involving child time-sharing. In the Fourth District Court of Appeal, the mother challenged an order denying her exceptions to the magistrate’s report on the father’s motion...

Bresky Law Successfully Defends Motion for Appellate Attorney’s Fees Based on Failure to Apportion Settlement Offer

Bresky Law Successfully Defends Motion for Appellate Attorney’s Fees Based on Failure to Apportion Settlement Offer Bresky Law recently successfully defended against a motion for appellate attorney’s fees based on opposing counsel’s failure to apportion a settlement offer. The case concerned the Defendant’s failure to pay for professional services rendered by her attorney in a...

Florida Supreme Court Clarifies Procedure for Seeking Attorney’s Fees for Original Proceedings

Florida Supreme Court Clarifies Procedure for Seeking Attorney’s Fees for Original Proceedings There has been some confusion about when and how a party must seek prevailing-party attorney’s fees for an original proceeding in an appellate court under Rule 9.100, including petitions for writs of certiorari, mandamus, prohibition, habeas corpus, quo warranto, and “all writs.” Until...

Alter Egos No More! Bresky Law Assists with Unique California Appeal

Alter Egos No More! Bresky Law Assists with Unique California Appeal Bresky Law was retained in 2013 to assist two California attorneys with an appeal in Los Angeles. We researched and drafted portions of the briefs and assisted in editing and polishing the drafts into cohesive products, which were reviewed, finalized, signed, and filed by...

Firm Obtains Reversal of Temporary Attorney’s Fees Award in Modification of Alimony Proceedings

Bresky Law Obtains Reversal of Temporary Attorney’s Fees Award in Modification of Alimony Proceedings Giorlando v. Giorlando, 4D12-1220 Bresky Law recently won reversal of a trial court’s award of temporary attorney’s fees and costs in a petition for modification of alimony. The parties’ marriage was previously dissolved and a marital settlement agreement (“MSA”) was incorporated in...

Undue Influence Argument Is Undone

Bresky Law recently won an affirmance of a final judgment in our client’s favor in an appeal involving a trust amendment. Our client’s remaining living sister brought a lawsuit against our client contesting the trust amendment their deceased sister had executed in favor of our client. Our client’s remaining living sister argued that our...