Bresky Law Assists Injured Plaintiffs in Successfully Obtaining Entitlement to Attorney’s Fees Against Insurance Company

October 4, 2018 Bresky Law recently assisted a husband and wife in obtaining entitlement to attorney’s fees in their suit for declaratory judgment to establish coverage arising from an automobile accident. The Plaintiffs were injured in an automobile accident in which they were driven off the road by a phantom vehicle. The Plaintiffs eventually were forced...

Pitfalls to Avoid: Attorney’s Fees Under Rule 9.100

Attorney at Law Magazine - Pitfalls to Avoid: Attorney’s Fees Under Rule 9.100

Reining in the Tipsy Coachman: Purpose and Limitations of the Doctrine

Attorney at Law Magazine - Reining in the Tipsy Coachman: Purpose and Limitations of the Doctrine

Bresky Law Helps Clients Obtain Reversals of Final Judgments Entered Without Due Process

July 5, 2018 The two most basic elements of due process are notice and a hearing. A court action without notice would violate due process. Bresky Law recently secured reversals of two substantial final judgments that had been entered against our clients without notice of their trial dates. The case started when three plaintiffs filed three...

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...

Appellate Court Grants Motion Filed By Bresky Law On Behalf Of Client To Recategorize Appeal Of Permanent Injunction As Appeal From Non-Final Order

While Florida Rule of Appellate Procedure 9.130(a)(3)(B) might seem to indicate that only temporary injunction orders may be appealed as non-final orders under that rule, Bresky Law recently filed a successful motion asking the Third District Court of Appeal to treat an appeal from a Final Judgment of Injunction for Protection Against Dating Violence...

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...

Bresky Law Successfully Defends Judgment in Favor of Injured Plaintiff from Challenge Alleging Improper Service of Process

May 10, 2018* Our firm recently obtained affirmance of a final judgment rendered in favor of our client, a plaintiff who was injured after tripping and falling over uneven and misaligned concrete located on the defendant’s property. The plaintiff’s process server served the defendant with the lawsuit by personal service on the defendant’s registered agent at...

Bresky Law Secures Win for Condominium Association on Insurance Claim for Substantial Hurricane Wilma Damage

The Firm’s client, a condominium association for a community with eight buildings, over 400 residential units, a clubhouse and two pools, recently prevailed in an appeal from a Final Judgment based on the interpretation of insurance policy language concerning application of the policy deductible. The action arose from extensive hurricane/windstorm damage suffered by the condo...