Bresky Law Obtains Reversal and Remand on Rehearing in Emergency Temporary Guardianship Appeal

Bresky Law Obtains Reversal and Remand on Rehearing in Emergency Temporary Guardianship Appeal In August of 2013, the Fourth District Court of Appeal (“Fourth DCA”) clarified a crucial point of guardianship law: the time at which the trial court must appoint counsel for an alleged incapacitated person when the court finds that a guardian needs...

Bresky Law Wins Affirmance of Grant of Summary Judgment of Foreclosure and Dismissal of Counterclaims in Suit by Subcontractor Against Lender’s Assignee

Bresky Law Wins Affirmance of Grant of Summary Judgment of Foreclosure and Dismissal of Counterclaims in Suit by Subcontractor Against Lender’s Assignee Bresky Law successfully defended against an appeal by a subcontractor from a summary judgment of foreclosure and dismissal of counterclaims in an action stemming from a construction project. The plaintiff was a subcontractor...

Writs, Lies, and Videotape: Bresky Law Prevails in Certiorari Proceeding Over Timing of Production of Store Video Surveillance Showing Plaintiff’s Injury

Writs, Lies, and Videotape: Bresky Law Prevails in Certiorari Proceeding Over Timing of Production of Store Video Surveillance Showing Plaintiff’s Injury Bresky Law successfully defended against a petition for writ of certiorari filed by the defendant in a personal injury action. The writ involved important questions about the timing of production of surveillance videos in...

Bresky Law Obtains Disqualification of Judge in Guardianship Case

Bresky Law Obtains Disqualification of Judge in Guardianship Case Bresky Law recently prevailed in an original proceeding, a petition for writ of prohibition, to prevent the trial judge from presiding over further proceedings in a guardianship case where our client is the spouse and designated healthcare surrogate of the ward. The American judicial system is built...

Bresky Law Obtains Reversal of Order That Landlord Return “Advance Rent” Following Proper Termination of Tenant’s Lease

Bresky Law Obtains Reversal of Order That Landlord Return “Advance Rent” Following Proper Termination of Tenant’s Lease Bresky Law recently obtained reversal of a final judgment following trial, which ordered a landlord of residential property to return a large sum of rent to a former tenant. The evidence showed that the tenants had made one...

Jonathan Mann of Bresky Law Obtains Reversal in Fifth District Court of Appeal of Final Judgment Modifying Timesharing Entered After Judge Disqualified Himself

Jonathan Mann of Bresky Law Obtains Reversal in Fifth District Court of Appeal of Final Judgment Modifying Timesharing Entered After Judge Disqualified Himself Jonathan Mann of Bresky Law recently obtained reversal, in the Fifth District Court of Appeal, of a final judgment of modification of timesharing of a minor child. The parties’ son was two...

Bresky Law Obtains Affirmance of Final Judgment Based on Verdict for Plaintiff in Personal Injury Automobile Accident Suit

Bresky Law Obtains Affirmance of Final Judgment Based on Verdict for Plaintiff in Personal Injury Automobile Accident Suit Bresky Law recently won an affirmance of a final judgment awarding our client damages for personal injuries he sustained in an automobile accident. Our client went to trial in his personal injury suit and obtained a jury...

Bresky Law Obtains Affirmance of Order Limiting Successor Mortgagee’s Liability Following a Foreclosure Sale

Bresky Law Obtains Affirmance of Order Limiting Successor Mortgagee’s Liability Following a Foreclosure Sale. Bresky Law recently won an affirmance of an order limiting a successor mortgagee’s liability to the homeowner’s association (“HOA”) following a foreclosure sale. Our client held a mortgage on property located within the HOA. The unit owner defaulted. Our client foreclosed...

Firm Obtains Reversal of Temporary Attorney’s Fees Award in Modification of Alimony Proceedings

Bresky Law Obtains Reversal of Temporary Attorney’s Fees Award in Modification of Alimony Proceedings Giorlando v. Giorlando, 4D12-1220 Bresky Law recently won reversal of a trial court’s award of temporary attorney’s fees and costs in a petition for modification of alimony. The parties’ marriage was previously dissolved and a marital settlement agreement (“MSA”) was incorporated in...

Unauthorized Practice of Law Order Reversed; Colorado Attorney’s Professional Reputation Vindicated

Bresky Law recently won reversal of a trial court’s erroneous order finding that our client/Appellant, a Colorado attorney, engaged in the unauthorized practice of law. The Appellant had a broad power of attorney (POA) relating to the financial affairs of a man that he represented in Colorado. That man's mother later initiated a guardianship...