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 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....

Trial Court Grants Motion for Rehearing in Favor of Client 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. Recently, the trial court granted the Motion for Rehearing, which effectively undid the dismissal order. The relevant history leading...

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

Bresky Law Obtains Dismissal of Appeal for Lack of Jurisdiction

April 8, 2019* Bresky Law recently assisted a client in obtaining dismissal of an appeal of an order granting summary judgment on the opposing party’s counterclaims in a case arising from a failed real estate transaction. Our client entered into a contract for sale of a home. The buyer failed to close on the purchase of...

Bresky Law Obtains Reinstatement Of Appeal For New Client Who Had Filed Appeal Pro Se

By Randall Burks A new client recently approached Bresky Law to represent him in an appeal after filing the notice of appeal on his own, pro se. When our attorneys reviewed the appellate court’s docket, they discovered that the court had dismissed the appeal several weeks earlier. The order of dismissal stated: “Upon the Court’s...

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 Assists Injured Plaintiffs in Successfully Obtaining Entitlement to Attorney’s Fees Against Insurance Company

October 4, 2018 Bresky Law recently assisted a husband and wife in obtaining entitlement to attorney’s fees in their suit for declaratory judgment to establish coverage arising from an automobile accident. The Plaintiffs were injured in an automobile accident in which they were driven off the road by a phantom vehicle. The Plaintiffs eventually were forced...

Bresky Law Helps Clients Obtain Reversals of Final Judgments Entered Without Due Process

July 5, 2018 The two most basic elements of due process are notice and a hearing. A court action without notice would violate due process. Bresky Law recently secured reversals of two substantial final judgments that had been entered against our clients without notice of their trial dates. The case started when three plaintiffs filed three...