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 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...

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 Obtains Affirmance of Final Judgment Against Insurer on Verdict for Injured Plaintiff

May 25, 2017 Our firm recently obtained an affirmance of a final judgment rendered in favor of an injured plaintiff following a favorable verdict. The plaintiff suffered injuries in two separate car accidents as a result of the negligence of other drivers. The plaintiff sought...

Bresky Law Obtains Affirmance of Order Awarding Former Wife Attorney’s Fees in Dissolution of Marriage Proceeding

April 13, 2017 Our firm recently obtained an affirmance in the appeals court of a Final Order on Attorney’s Fees and Costs (“Fee Order”) rendered by a trial court in favor of our client in a divorce proceeding. We represented the former wife in the former husband’s appeal of the Fee Order that was entered following...

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...

Fourth DCA Clarifies Standard of Review Applicable to Modification of Pretrial Child Custody and Timesharing Temporary Relief Orders

Riddle v. Riddle, Case No. 4D16-2803 (Fla. 4th DCA Mar. 29, 2017)* The Fourth DCA recently clarified that in modifying a pretrial temporary custody order there is no requirement for the trial court to find a “substantial change in circumstances,” and a trial court’s ruling modifying a pretrial, temporary relief order on child custody or...

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....

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...

Bresky Law Obtains PCA Affirming Trial Court’s Orders in Child Time-sharing Contempt Proceeding

Case No. 4D15-2264 (Fla. 4th DCA, Oct. 20, 2016)* Bresky Law recently represented a father as the appellee opposing an appeal by the mother/former wife regarding a contempt proceeding involving child time-sharing. In the Fourth District Court of Appeal, the mother challenged an order denying her exceptions to the magistrate’s report on the father’s motion...