Bresky Law Obtains Order Denying Discretionary Review of Probate Matter in Florida Supreme Court

October 25, 2018* Bresky Law recently assisted an elderly client in obtaining dismissal of a trustee’s attempt to take a probate proceeding to the Florida Supreme Court. Our client was the beneficiary of a decedent’s will and trust. The Trustee initiated the probate case as personal representative of the estate. Our client later initiated a separate...

Bresky Law Obtains Reversal of Order Granting Summary Judgment

August 17, 2018* Bresky Law recently assisted a chiropractic care center in obtaining reversal of a county court order granting final summary judgment in favor of an insurance company that our client had sued. Our client provided medical treatment to an insured patient following a car accident. Our client later sued the patient’s auto insurance company...

Bresky Law Succeeds in Appeal of Permanent Injunction for Protection Against Dating Violence

August 8, 2018* Bresky Law recently assisted a client in obtaining a per curiam affirmance of a restraining order protecting him against violence by his former girlfriend. At the trial court level, the Petitioner filed a sworn petition for injunction for protection against dating violence pursuant to section 784.046, Florida Statutes (2017). Based on the evidence...

Bresky Law Obtains Dismissal of Trustee’s Appeal for Lack of Jurisdiction

July 10, 2018* Bresky Law recently assisted an elderly client in obtaining dismissal of an appeal of an order in a probate proceeding. Our client was the beneficiary of a decedent’s will and trust. The Trustee initiated a probate case as the personal representative of the estate. Our client later initiated a trust case alleging breach...

Bresky Law Successfully Appeals Denial of Client’s Due Process Rights By Trial Court’s Precluding Presentation of Case-In-Chief at Final Hearing, Which Was Fundamental Error

Recently, Bresky Law helped a mother obtain an appellate reversal of the final judgment in a paternity case. At the Final Hearing, the Father was afforded his right to present his case-in-chief. The trial judge stated repeatedly at the hearing that the Mother would have the same opportunity. However, due to the time limitations...

The Fourth District Court Of Appeal Disapproves The Clerk Of The Court’s Practice Of Backdating Judgments

In Guy v. Plaza Home Mortgage, Inc., Case No. 4D17-3335 (Fla. 4th DCA Apr. 25, 2018), the summary judgment hearing in a foreclosure case was held on an afternoon in September of 2017. However, the lower tribunal’s clerk’s office’s electronic time stamp revealed that the final judgment was filed approximately five hours before the scheduled hearing. In...

Bresky Law Obtains Affirmance of Order Finding Unenforceable a Post-Judgment Settlement Agreement That Prevented Client from Contact with Family

Our firm recently helped a client obtain affirmance of a trial court order finding unenforceable a Post-Judgment Settlement Agreement that prohibited our client from having contact with various family and friends. The parties entered into the Post-Judgment Settlement Agreement (“PJSA”) shortly after the Final Judgment dissolving their marriage. The PJSA contained a provision that our...

Amendments to Florida Rules of Appellate Procedure Regarding Records and Appendices Took Effect October 1, 2017

On September 7, 2017, the Supreme Court of Florida amended the Florida Rules of Appellate Procedure regarding the record on appeal and any appendix filed in appellate proceedings. The amendments took effect on October 1, 2017. In re: Amendments to the Florida Rules of Appellate Procedure, Case No. 16-1377 (Fla....

Bresky Law Helps Lawyer Pursue Fees for Services to Guardianship

May 10, 2017 Bresky Law recently obtained reversal of two crucial rulings in an order on three petitions for compensation filed by a lawyer who had represented a guardian. Bresky’s firm also helped the lawyer obtain an unconditional award of entitlement to appellate attorney’s fees. In the trial court, the lawyer had submitted three petitions for...

Bresky Law Obtains Affirmance of Order Awarding Former Wife Attorney’s Fees in Dissolution of Marriage Proceeding

April 13, 2017 Our firm recently obtained an affirmance in the appeals court of a Final Order on Attorney’s Fees and Costs (“Fee Order”) rendered by a trial court in favor of our client in a divorce proceeding. We represented the former wife in the former husband’s appeal of the Fee Order that was entered following...