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...
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Bresky Law Obtains Reversal of Trial Court Order that Summarily Denied Petition for Stalking Injunction
Bresky Law recently assisted a client in obtaining reversal of an order denying the client’s petition for an injunction for protection against stalking.
The client filed the petition pro se, alleging five separate instances of stalking by his ex-girlfriend. He included detailed descriptions of the five incidents of stalking with multiple pages of documentation to...
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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 Assists Homeowner in Obtaining Dismissal of Appeal and Entitlement to Attorney’s Fees in Dispute Over Sale of Property
March 20, 2017
Bresky Law recently assisted a plaintiff homeowner in successfully obtaining dismissal of an appeal of trial court orders that gave him the power to complete the sale of the property despite the Defendant’s attempts to frustrate his efforts.
The parties, who were not married, had previously purchased a home together. They later had...
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Florida Supreme Court Upholds Temporary Injunction Based on Strict Scrutiny of Mandatory 24-Hour Delay Law
Gainesville Woman Care, LLC v. State of Florida, Case No. SC16-381 (Fla. Feb. 16, 2017).
The Declaration of Rights in the Florida Constitution provides a fundamental right of privacy. “Every natural person has the right to be let alone and free from governmental intrusion into the person’s private life….” Art. I, § 23, Fla. Const....
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Doctors Can Ask Patients About Guns: Eleventh Circuit Strikes Down Part of Florida’s Firearms Owners’ Privacy Act
Wollschlaeger v. Governor, State of Florida, Case No. 12-14009 (11th Cir. 2017) (en banc).
On February 16, 2017, the U.S. Court of Appeals for the Eleventh Circuit struck down certain parts of Florida’s Firearms Owners’ Privacy Act (“FOPA”), which imposed content-based restrictions on the free speech of medical professionals such as limiting inquiries about the...
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The Unique Case of President Trump’s Executive Order on Immigration from Certain Nations, and the Ensuing Legal Challenge and Appeal
The Unique Case of President Trump’s Executive Order on Immigration from Certain Nations, and the Ensuing Legal Challenge and Appeal
State of Washington, et. al. v. Donald J. Trump et. al., Case 17-35105 (9th Cir. 2017).
Boca Raton, Fla. (Feb. 8, 2017, updated Feb. 10).– These are fascinating times for appellate lawyers such as the state...