Fourth DCA Clarifies Standard of Review Applicable to Modification of Pretrial Child Custody and Timesharing Temporary Relief Orders

Riddle v. Riddle, Case No. 4D16-2803 (Fla. 4th DCA Mar. 29, 2017)* The Fourth DCA recently clarified that in modifying a pretrial temporary custody order there is no requirement for the trial court to find a “substantial change in circumstances,” and a trial court’s ruling modifying a pretrial, temporary relief order on child custody or...

Bresky Law Obtains Reversal and Remand for Clarification of Inconsistency Between Final Judgment of Dissolution of Marriage and Parenting Plan

January 18, 2017 Our firm recently obtained the reversal and remand of a Final Judgment of Dissolution of Marriage for clarification of an inconsistency between the Final Judgment and the Parenting Plan. We represented the former wife in an appeal of a Final Judgment of Dissolution of Marriage. An issue of contention between the parties at...

Bresky Law Obtains PCA Affirming Trial Court’s Orders in Child Time-sharing Contempt Proceeding

Case No. 4D15-2264 (Fla. 4th DCA, Oct. 20, 2016)* Bresky Law recently represented a father as the appellee opposing an appeal by the mother/former wife regarding a contempt proceeding involving child time-sharing. In the Fourth District Court of Appeal, the mother challenged an order denying her exceptions to the magistrate’s report on the father’s motion...

Bresky Law Successfully Defends Against Motion to Stay Pending Appeal of Order Awarding Former Wife Her Attorney’s Fees

Bresky Law recently successfully defended against a motion to stay pending appeal directed at a family court order awarding our client her attorney’s fees. The trial court entered an order (“Fees Order”) that awarded our client her attorney’s fees following the dissolution of the parties’ marriage and directed that the former husband pay the fees...

“Filing” Means Electronic Filing: Bresky Law Wins Affirmance of Trial Court Order Disallowing Claim Submitted to Clerk in Paper Form

United Bank v. Estate of Frazee, Case No. 4D15-826 (Fla. 4th DCA, July 13, 2016)* UPDATE: Mandate issued on September 2, 2016. Bresky Law recently obtained affirmance of a trial court order that found a bank’s claims against a decedent’s estate untimely. The appeal required the Fourth DCA to examine the meaning of “filing” court documents...

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 Assists Former Husband in Obtaining Disqualification of Judge in Dispute After Dissolution of Marriage

Bresky Law recently assisted a pro se former husband in successfully obtaining disqualification of the trial judge presiding over a dispute that arose after the dissolution of the parties’ marriage. The former wife had filed a motion for contempt and enforcement, seeking to compel the former husband to convey foreign real estate to her in...

Bresky Law Wins Affirmance of Trial Court Ruling Denying Mother’s Request for Attorney’s Fees, Awarding Father Attorney’s Fees, Imputing Income to Mother, and Awarding Rotating Timesharing

Gonzalez v. Walker, Case No. 4D14-4013 (Fla. 4th DCA, May 18, 2016)* Bresky Law recently obtained an affirmance on appeal in favor of our client on a number of important disputed issues between the parties. We represented the father in the appeal. The trial court had held a trial and entered a Final Judgment of...

Third DCA Decides that Attorney’s Appearance Long After Court’s Order Did Not Waive Service of Process in Proceeding to Modify Timesharing and Support

Salinas v. Pascariello, Case No. 3D15-594 (Fla. 3d DCA, March 30, 2016)* Under Florida law, valid service of process is a prerequisite to the exercise of personal jurisdiction over a defendant. The Florida Rules of Civil Procedure governing service of process require that a copy of the initial pleading be delivered to the party upon...

Bresky Law Wins Reversal of Order Basing Father’s Child Support Obligation on Abnormally High Income Year

Bresky Law Wins Reversal of Order Basing Father’s Child Support Obligation on Abnormally High Income Year Rudnick v. Harman, Case No. 4D13-1359 & 4D13-1364 (Fla. 4th DCA, January 28, 2015)* Bresky Law recently obtained the reversal of a trial court order that erroneously based our client’s child support obligation on one year of abnormally high income....