Daily Business Review Features Bresky Law’s Appellate Matter Holding the Disqualification of Trial Judge

Florida Rule of Judicial Administration 2.330 and section 38.10, Florida Statutes, govern the disqualification of trial judges. A party may seek to have a judge disqualified where the party “fears that he or she will not receive a fair trial or hearing because of specifically described prejudice or bias of the judge.” “The question...

Update: Minor Child Permitted To Relocate Out Of State to Reside With The Father After The Trial Court Granted A Motion For Rehearing In Favor Of The Father 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. The trial court granted the Motion for Rehearing, which effectively undid the dismissal order. Following the granting of the...

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...

Protecting Your Adult Children: The Underappreciated Benefit of a Revocable Living Trust

By Jennifer L. Fulton, Esquire Bresky Law The golden age of the pension plan is waning. Social security is at risk of going bankrupt. The divorce rate has risen, and can wreak financial havoc in a person’s life. How will your children retire? While you may not be able to protect them from these possibilities, your...

Bringing Up Baby: Estate Planning for Your Little Bundle of Joy

By Jennifer L. Fulton, Esquire It’s easy to think that estate planning is just for those with a little gray around the temple. However, the birth of a little one is a very important time to talk about your estate plan. And yes, grandparents can talk about it too. As parents, now is the time...

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...

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 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...