Bresky Law Wins Affirmance of Final Summary Judgment Finding Condominium Purchaser Entitled to Benefit of Safe Harbor Statute

Bresky Law Wins Affirmance of Final Summary Judgment Finding Condominium Purchaser Entitled to Benefit of Safe Harbor Statute Bresky Law recently successfully defended an appeal by a condominium association of a final summary judgment finding our client entitled to the safe harbor protection of section 718.116(1)(b), Florida Statutes. We represented a condo owner who purchased...

Firm Obtains Writ Disqualifying Judge from Presiding over Family Law Case

Firm Obtains Writ Disqualifying Judge from Presiding over Family Law Case The Father in a post-dissolution family-law dispute had twice filed motions asking the judge to disqualify herself because of the appearance of partiality. One motion was based on a letter where the judge disclosed that she had been personally represented by a partner in...

Bresky Law Obtains Affirmance of Foreclosure Judgment

Bresky Law Obtains Affirmance of Foreclosure Judgment The Third District Court of Appeal recently affirmed a foreclosure judgment in favor of the lender, for whom Bresky Law was lead appellate counsel. The homeowner raised numerous issues in her two initial briefs totaling almost 100 pages in these consolidated appeals. Many were procedural, such as arguing...

Bresky Law Obtains Reversal and Remand on Rehearing in Emergency Temporary Guardianship Appeal

Bresky Law Obtains Reversal and Remand on Rehearing in Emergency Temporary Guardianship Appeal In August of 2013, the Fourth District Court of Appeal (“Fourth DCA”) clarified a crucial point of guardianship law: the time at which the trial court must appoint counsel for an alleged incapacitated person when the court finds that a guardian needs...

Bresky Law Wins Affirmance of Grant of Summary Judgment of Foreclosure and Dismissal of Counterclaims in Suit by Subcontractor Against Lender’s Assignee

Bresky Law Wins Affirmance of Grant of Summary Judgment of Foreclosure and Dismissal of Counterclaims in Suit by Subcontractor Against Lender’s Assignee Bresky Law successfully defended against an appeal by a subcontractor from a summary judgment of foreclosure and dismissal of counterclaims in an action stemming from a construction project. The plaintiff was a subcontractor...

Writs, Lies, and Videotape: Bresky Law Prevails in Certiorari Proceeding Over Timing of Production of Store Video Surveillance Showing Plaintiff’s Injury

Writs, Lies, and Videotape: Bresky Law Prevails in Certiorari Proceeding Over Timing of Production of Store Video Surveillance Showing Plaintiff’s Injury Bresky Law successfully defended against a petition for writ of certiorari filed by the defendant in a personal injury action. The writ involved important questions about the timing of production of surveillance videos in...

Bresky Law Obtains Disqualification of Judge in Guardianship Case

Bresky Law Obtains Disqualification of Judge in Guardianship Case Bresky Law recently prevailed in an original proceeding, a petition for writ of prohibition, to prevent the trial judge from presiding over further proceedings in a guardianship case where our client is the spouse and designated healthcare surrogate of the ward. The American judicial system is built...

Bresky Law Obtains Reversal of Order That Landlord Return “Advance Rent” Following Proper Termination of Tenant’s Lease

Bresky Law Obtains Reversal of Order That Landlord Return “Advance Rent” Following Proper Termination of Tenant’s Lease Bresky Law recently obtained reversal of a final judgment following trial, which ordered a landlord of residential property to return a large sum of rent to a former tenant. The evidence showed that the tenants had made one...

Jonathan Mann of Bresky Law Obtains Reversal in Fifth District Court of Appeal of Final Judgment Modifying Timesharing Entered After Judge Disqualified Himself

Jonathan Mann of Bresky Law Obtains Reversal in Fifth District Court of Appeal of Final Judgment Modifying Timesharing Entered After Judge Disqualified Himself Jonathan Mann of Bresky Law recently obtained reversal, in the Fifth District Court of Appeal, of a final judgment of modification of timesharing of a minor child. The parties’ son was two...

Bresky Law Obtains Affirmance of Final Judgment Based on Verdict for Plaintiff in Personal Injury Automobile Accident Suit

Bresky Law Obtains Affirmance of Final Judgment Based on Verdict for Plaintiff in Personal Injury Automobile Accident Suit Bresky Law recently won an affirmance of a final judgment awarding our client damages for personal injuries he sustained in an automobile accident. Our client went to trial in his personal injury suit and obtained a jury...