Bresky Law Assists Estate in Obtaining Per Curiam Affirmance of Order Sanctioning Plaintiffs and Plaintiffs’ Attorneys

Bresky Law recently assisted a defendant’s estate in defending the propriety of a sanctions order in an appeal by the plaintiff. The plaintiff sued the defendant after the defendant stopped payment on a check for goods to be purchased from the plaintiff. The defendant filed a motion for sanctions pursuant to section 57.105, Florida...

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...

Doctors Can Ask Patients About Guns: Eleventh Circuit Strikes Down Part of Florida’s Firearms Owners’ Privacy Act

Wollschlaeger v. Governor, State of Florida, Case No. 12-14009 (11th Cir. 2017) (en banc). On February 16, 2017, the U.S. Court of Appeals for the Eleventh Circuit struck down certain parts of Florida’s Firearms Owners’ Privacy Act (“FOPA”), which imposed content-based restrictions on the free speech of medical professionals such as limiting inquiries about the...

What if You Fail to Appear in Court?

The fabric of our society depends on respect for the law and cooperation with the judicial branch of government. One of the most important responsibilities is the duty to obey an order to appear in court or comply with a subpoena summoning a witness to appear. “Failure by any person without adequate excuse to...

Third DCA Denies Appellees’ Motion for Rehearing of Opinion Reversing Summary Final Judgment That Was in Favor of Landowner and Lessee

Grimes v. Family Dollar, Case No. 3D14-1874 (Fla. 3d DCA, May 4, 2016), rehearing denied, June 30, 2016.* Bresky Law recently obtained reversal of a final judgment that was in favor of a landowner and lessee who were alleged to be negligent in maintaining their premises and failing to warn of a dangerous condition on...

Bresky Law Wins Reversal of Trial Court Order Summarily Denying Petition for Injunction Against Domestic Violence Without a Hearing

July 13, 2016* Bresky Law recently obtained reversal of a trial court order summarily denying a petition for injunction against domestic violence without a hearing. The petitioner filed a form petition in circuit court, checking the boxes on the form indicating that she was a victim of domestic violence or had reasonable cause to believe she...

Bresky Law Obtains Unanimous Decision as Co-counsel in Supreme Court of Florida Appeal Addressing Use of Pre-Arrest, Pre-Miranda Silence Against Accused

State v. Donna Horwitz, SC15-348 (Fla., May 5, 2016).* On May 5, 2016, the Supreme Court of Florida issued a unanimous decision in favor of our client in an appeal that is likely to have substantial consequences for police-citizen encounters and criminal defendants across the state. Board-certified appellate specialist Jonathan Mann of Bresky Law served...

Bresky Law Co-Counsels for Respondent in Supreme Court of Florida Appeal Addressing Use of Pre-Arrest, Pre-Miranda Silence Against Accused

State v. Donna Horwitz, SC15-348 The Supreme Court of Florida is currently considering an appeal that could have substantial consequences for criminal defendants across the state. Jonathan Mann of Bresky Law is serving as co-counsel for the Respondent, Donna Horwitz. Ms. Horwitz was convicted of first-degree murder with a firearm and sentenced to life in prison...

Order of Juvenile Detention Did Not Violate Florida Law

Fourth DCA: Trial Court Order of Juvenile Detention Pending Placement in Residential Program Did Not Violate Florida Law V.P. v. State Case No. 4D11-3001 The trial court adjudicated V.P. delinquent on a first-degree petit theft count, and revoked V.P.’s probation for counts of battery, second-degree petit theft, and grand theft. Pending placement in a moderate risk residential...

Past, Present, or Future Criminal Activity Necessary for a Constitutional Stop or Search When Acting on a Tip

Bryan v. State of Florida, 4D10-632 June 15, 2011 The Fourth District Court of Appeal wrote to address a trial court’s order denying a motion to suppress evidence obtained during a warrantless search. Acting on an anonymous tip, police were dispatched to investigate a call about three black males in front of a home by a...