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...

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...

Bresky Law Obtains Unanimous Decision as Co-counsel in Supreme Court of Florida Appeal Addressing Use of Pre-Arrest, Pre-Miranda Silence Against Accused

State v. Donna Horwitz, SC15-348 (Fla., May 5, 2016).* On May 5, 2016, the Supreme Court of Florida issued a unanimous decision in favor of our client in an appeal that is likely to have substantial consequences for police-citizen encounters and criminal defendants across the state. Board-certified appellate specialist Jonathan Mann of Bresky Law served...

Who’s Afraid of the Big Bad Wolf?: Bresky Law Wins Reversal of Summary Final Judgment; Now the Injured Plaintiff Can Proceed to Seek Recovery from the Landowner and Lessee

Grimes v. Family Dollar Stores, Case No. 3D14-1874 (Fla. 3d DCA, May 4, 2016)* On behalf of an injured plaintiff, Bresky Law recently obtained reversal of a summary final judgment that was in favor of the defendants, the landowner and long-term lessee, which were allegedly negligent in the maintenance of their premises and failing to...

Bresky Law Co-Counsels for Respondent in Supreme Court of Florida Appeal Addressing Use of Pre-Arrest, Pre-Miranda Silence Against Accused

State v. Donna Horwitz, SC15-348 The Supreme Court of Florida is currently considering an appeal that could have substantial consequences for criminal defendants across the state. Jonathan Mann of Bresky Law is serving as co-counsel for the Respondent, Donna Horwitz. Ms. Horwitz was convicted of first-degree murder with a firearm and sentenced to life in prison...

Firm Obtains Reversal Of Order Compelling Mediation and Arbitration

MuniCommerce, LLC v. Navidor, LTD, Case 4D15-169 (Fla. 4th DCA, Feb. 3, 2016)* In a recent appeal, Bresky Law represented a company that offers merchant accounts and payment solutions for merchants. The company appealed from a non-final order compelling mediation and arbitration with a former independent sales agent, with whom the company terminated its contract...

Bresky Law Wins Reversal of Order Basing Father’s Child Support Obligation on Abnormally High Income Year

Bresky Law Wins Reversal of Order Basing Father’s Child Support Obligation on Abnormally High Income Year Rudnick v. Harman, Case No. 4D13-1359 & 4D13-1364 (Fla. 4th DCA, January 28, 2015)* Bresky Law recently obtained the reversal of a trial court order that erroneously based our client’s child support obligation on one year of abnormally high income....