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...

Bresky Law Obtains Dismissal of Trustee’s Appeal for Lack of Jurisdiction

July 10, 2018* Bresky Law recently assisted an elderly client in obtaining dismissal of an appeal of an order in a probate proceeding. Our client was the beneficiary of a decedent’s will and trust. The Trustee initiated a probate case as the personal representative of the estate. Our client later initiated a trust case alleging breach...

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...

The Fourth District Court Of Appeal Disapproves The Clerk Of The Court’s Practice Of Backdating Judgments

In Guy v. Plaza Home Mortgage, Inc., Case No. 4D17-3335 (Fla. 4th DCA Apr. 25, 2018), the summary judgment hearing in a foreclosure case was held on an afternoon in September of 2017. However, the lower tribunal’s clerk’s office’s electronic time stamp revealed that the final judgment was filed approximately five hours before the scheduled hearing. In...

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...

Bresky Law Obtains Affirmance of Order Finding Unenforceable a Post-Judgment Settlement Agreement That Prevented Client from Contact with Family

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...

Bresky Law Obtains Dismissal of Appeal for Lack of Prosecution

March 23, 2018 Bresky Law recently assisted an appellee client in successfully obtaining dismissal of an appeal of a postjudgment trial court order. Our client, who was the plaintiff in the trial court action, obtained a judgment in the trial court awarding our client appellate attorney’s fees incurred in a prior successful appeal in which our...

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...

Bresky Law Serves as Expert Attorney’s Fee Witness for Homeowners Who Prevailed in Appeal Against HOA

September 20, 2017 Appellate attorney Jonathan Mann of Bresky Law recently served as an expert attorney’s fee witness on behalf of homeowners who prevailed in an appeal brought by their homeowner’s association (“HOA”). The homeowners prevailed at the county court level after a particularly long and drawn-out legal dispute regarding assessments. The homeowners also obtained a...