Bresky Law Obtains Affirmance of Order Limiting Successor Mortgagee’s Liability Following a Foreclosure Sale

Bresky Law Obtains Affirmance of Order Limiting Successor Mortgagee’s Liability Following a Foreclosure Sale. Bresky Law recently won an affirmance of an order limiting a successor mortgagee’s liability to the homeowner’s association (“HOA”) following a foreclosure sale. Our client held a mortgage on property located within the HOA. The unit owner defaulted. Our client foreclosed...

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...

Unauthorized Practice of Law Order Reversed; Colorado Attorney’s Professional Reputation Vindicated

Bresky Law recently won reversal of a trial court’s erroneous order finding that our client/Appellant, a Colorado attorney, engaged in the unauthorized practice of law. The Appellant had a broad power of attorney (POA) relating to the financial affairs of a man that he represented in Colorado. That man's mother later initiated a guardianship...

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...

No Time but the Present: Bresky Law Wins Motion for Rehearing of Order Holding Former Husband in Contempt for Failure to Pay Attorney’s Fees Based upon Future Ability to Pay

Bresky Law recently won a motion for rehearing of an order of contempt that held our client in contempt for failure to pay an award of temporary attorney’s fees. We are in the process of appealing the underlying order requiring our client to pay fees to opposing counsel. The parties were divorced in 2005...

Bresky Law Defeats Motion for Relinquishment of Jurisdiction

Bresky Law Defeats Motion for Relinquishment of Jurisdiction In an appeal by a Former Husband who took his Former Wife’s jewelry and artwork, the Former Husband moved the Fourth District Court of Appeal to relinquish jurisdiction to the trial court. He argued that the trial judge should have an opportunity to vacate the final judgment...

There and Back Again: Recovering Appellate Attorney’s Fees After a Successful Appeal

Bresky Law recently obtained entitlement to appellate attorney’s fees in several appeals in which it prevailed. Additionally, Florida Rule of Appellate Procedure 9.400(a) provides that a prevailing party on appeal is entitled to recover its costs for litigating an appeal unless the appellate court orders otherwise. The recovery of appellate attorney’s fees and costs...

Bresky Law Obtains Reversal of Order Denying Wife’s Attorney’s Fees and Attributing Wife Depleted Marital Assets

Goldstein v. Goldstein Case No. 4D10-3081 We represented a former wife in an appeal from an amended final judgment of dissolution of marriage. The trial court had denied our client her attorney’s fees and costs without making any findings as to our client’s need and the former husband’s ability to pay. Additionally, in the equitable distribution...

Bresky Law Obtains Ruling Dispensing With Evidentiary Hearing And Awarding Client $660,611 Cash Distribution Following Appellate Win

Bell v. Bell, Case No. 4D10-5122 This was a divorce case with several contested issues regarding the parties’ assets. Our client, the former wife, appealed the final judgment of dissolution of marriage. The former husband cross-appealed. Our client’s main issues were (1) the trial court’s failure to award her half of the husband’s accounts receivable from...

Bresky Law Successfully Defends Appellate Win In Favor Of Former Wife Against Motion For Rehearing

Hallac v. Hallac Case No. 4D10-4450 We represented a former wife in an appeal from the trial court’s order on opposing motions for attorney’s fees following trial. On appeal, our firm argued that it was legal error for the trial court to have used our client’s refusal of a settlement offer and the fact that she...