Bresky Law Defeats Motion for Relinquishment of Jurisdiction

Bresky Law Defeats Motion for Relinquishment of Jurisdiction In an appeal by a Former Husband who took his Former Wife’s jewelry and artwork, the Former Husband moved the Fourth District Court of Appeal to relinquish jurisdiction to the trial court. He argued that the trial judge should have an opportunity to vacate the final judgment...

Specificity Required: Fourth DCA Holds Modification of Custody Was Not a Condition Precedent to Modification of Alimony Under Marital Settlement Agreement

Cook v. Cook, 4D11-2561 The parties were married for nineteen years and had four children. They filed for dissolution of marriage, and their marriage was later dissolved by a final judgment that incorporated a marital settlement agreement (“MSA”). The MSA set a specific child support obligation for the former husband. The MSA also set a...

Paid In Full? Fourth DCA Holds Former Husband’s Settlement of Debt For Less Than Full Amount Sufficient Where Marital Settlement Agreement Failed to Specify Debt Amount

Cunha v. Cunha, 4D11-1892 The parties’ marriage was dissolved by a final judgment that incorporated a marital settlement agreement (“MSA”). The MSA gave the former husband the responsibility for paying a certain specific debt to a creditor, although the MSA did not specify the amount of that debt. The former wife filed a motion for...

Bresky Law Obtains Reversal of Order Denying Wife’s Attorney’s Fees and Attributing Wife Depleted Marital Assets

Goldstein v. Goldstein Case No. 4D10-3081 We represented a former wife in an appeal from an amended final judgment of dissolution of marriage. The trial court had denied our client her attorney’s fees and costs without making any findings as to our client’s need and the former husband’s ability to pay. Additionally, in the equitable distribution...

Bresky Law Obtains Ruling Dispensing With Evidentiary Hearing And Awarding Client $660,611 Cash Distribution Following Appellate Win

Bell v. Bell, Case No. 4D10-5122 This was a divorce case with several contested issues regarding the parties’ assets. Our client, the former wife, appealed the final judgment of dissolution of marriage. The former husband cross-appealed. Our client’s main issues were (1) the trial court’s failure to award her half of the husband’s accounts receivable from...

Bresky Law Successfully Defends Appellate Win In Favor Of Former Wife Against Motion For Rehearing

Hallac v. Hallac Case No. 4D10-4450 We represented a former wife in an appeal from the trial court’s order on opposing motions for attorney’s fees following trial. On appeal, our firm argued that it was legal error for the trial court to have used our client’s refusal of a settlement offer and the fact that she...

Bresky Law Obtains Ruling Dispensing With Evidentiary Hearing Upon Remand Following Appellate Win

Bell v. Bell, 502007DR002692XXXXSB Case No. 4D10-5122 This was a divorce case with several contested issues regarding the parties’ marital and non-marital assets. Our client, the former wife, appealed the final judgment of dissolution of marriage. The former husband cross-appealed. Our client’s main issues were (1) the trial court’s failure to award her half of the...

Law Office of Robin Bresky Obtains Reversal Where The Trial Court Excluded Stocks As Marital Income, Failed To Identify Marital Property In Jamaica, and Abused Its Discretion In The Parenting Plan

Preudhomme v. Bailey Case No. 4D10-3262 Our firm challenged the trial court’s final judgment on behalf of a former wife claiming that the lower court erred in dividing the assets, calculating income of the husband, awarding an inadequate amount of alimony, calculating child support payable by the wife, and including overly restrictive parenting provisions. The case...

Bresky Law Obtains Reversal of Child Support Order to Award Mother Her Child’s Uncovered Medical Expenses

Judkins v. Dep’t of Revenue and Jose Briceno Case No. 4D10-4579 We represented a mother in her appeal from the Department of Revenue’s child support order. The mother had sought an order requiring the father of her child to pay child support. Specifically, the mother’s application for child support enforcement sought financial contribution from the father...

Bresky Law Obtains Reversal of Fee Award Against Former Wife Awarded Based on Rejection of a Settlement Offer

Hallac v. Hallac Case No. 4D10-4450 We represented a former wife in an appeal from the trial court’s order on opposing motions for attorney’s fees following trial. Early in the dissolution of marriage case, our client had rejected the former husband’s settlement offer and made a counteroffer. The case proceeded to trial and our client obtained...