Creative Solution to Jurisdictional Issue Helps Firm Obtain Writ of Certiorari Protecting Elderly Lady’s Health Records

March 9, 2020* It is not easy to convince an appellate court to issue a writ of certiorari to quash a trial court’s order compelling discovery. The petitioner must demonstrate “a departure from the essential requirements of law that will cause material injury for which there is no adequate remedy by appeal.” Fla. R. App....

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...

What Is a Power of Attorney and Why Would I Want One?

We live in uncertain times. Our GPS re-routes us for accidents during our commute. There are rumors of epidemics that may impact our health. According to the Alzheimer’s Association, 1 in 3 seniors dies with Alzheimer’s or another dementia. It is uncomfortable to think about moving from being healthy and in control of your...

Bresky Law Obtains Disqualification of Trial Judge for Clients Before Attorneys’ Fee Hearing

In Florida, “every litigant is entitled to nothing less than the cold neutrality of an impartial judge.” State v. Parks, 141 Fla. 516, 194 So. 613, 615 (Fla. 1939). If a trial court judge says or does something that appears to indicate bias, prejudice, partiality, or prejudgment against a litigant, that party may have...

Appellate Attorney Robin I. Bresky Honored With 2019 Soroptimist International Women of Distinction Award

BOCA RATON, Fla. – Appellate attorney Robin I. Bresky, Founder and President of Bresky Law, won the 2019 Soroptimist International Women of Distinction award in the category of Community Involvement. Bresky was recognized for her many contributions to Legal Aid Society of Palm Beach County where she has served as a board member for the...

Bresky Law Obtains Per Curiam Affirmance for Appellees in Ejectment and Conversion Case

Bresky Law in Boca Raton, Florida, recently helped its clients, who are landowners in Hendry County, to maintain the victory they had previously won in the trial court in a case involving the ejectment of squatters from their farmland and the assessment of damages for the squatters’ conversion of personal property. The underlying case began...

Five Things You Should Do in the Trial Court to Boost Your Chance of Winning an Appeal

Everything you do in the trial court should be geared towards a potential appeal. It seems that one side or the other is likely to appeal nearly any order. If you’re the Appellant, trying to reverse an order adverse to your client, the statewide statistics show less than a 20% chance of success on...

Bresky Law Prevails in Classifying Order as Final, Appealable Order

August 2019 District courts of appeal have jurisdiction to review final orders under Florida Rule of Appellate Procedure 9.110 and certain nonfinal orders under Rule 9.130. Other kinds of nonfinal orders not listed in Rule 9.130 cannot be reviewed via an interlocutory appeal; they can be reviewed only within a plenary appeal from an eventual...

Should Estate Plans be Updated for Those Who Relocate to Florida?

Has a friend, family member or colleague recently relocated to Florida or thinking of moving to the Sunshine State? They may have a will or a full estate plan that was prepared by an attorney in another state, or perhaps they haven’t yet taken the important step of planning their estate. Either way, a relocation...

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....