What if You Fail to Appear in Court?

The fabric of our society depends on respect for the law and cooperation with the judicial branch of government. One of the most important responsibilities is the duty to obey an order to appear in court or comply with a subpoena summoning a witness to appear. “Failure by any person without adequate excuse to...

FL Supreme Court Clarifies Standard for Second-Tier Certiorari Review

https://attorneyatlawmagazine.com/fl-supreme-court-second-tier-certiorari-review

Third DCA Denies Appellees’ Motion for Rehearing of Opinion Reversing Summary Final Judgment That Was in Favor of Landowner and Lessee

Grimes v. Family Dollar, Case No. 3D14-1874 (Fla. 3d DCA, May 4, 2016), rehearing denied, June 30, 2016.* Bresky Law recently obtained reversal of a final judgment that was in favor of a landowner and lessee who were alleged to be negligent in maintaining their premises and failing to warn of a dangerous condition on...

“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...

The Reply Brief: The Appellant’s Opportunity to Have the Last Word

https://attorneyatlawmagazine.com/the-reply-brief-the-appellants-opportunity-to-have-the-last-word

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...

Appellate Jurisdiction & Scope of Review

https://attorneyatlawmagazine.com/appellate-jurisdiction-scope-of-review

Florida Supreme Court Agrees that Rental-Car Drivers Must Be Treated Equally After Red-Light Camera Violations

City of Fort Lauderdale v. Dhar, 41 Fla. L. Weekly S 61 (Fla. 2016) On February 25, 2016, the Florida Supreme Court decided that section 316.0083, Florida Statutes (2012) was unconstitutional as applied to short-term vehicle renters because there was no rational basis to justify treating short-term renters differently than registered owners and registered long-time...