Bresky Law Successfully Defends Against Motion to Stay Pending Appeal of Order Awarding Former Wife Her Attorney’s Fees

Bresky Law recently successfully defended against a motion to stay pending appeal directed at a family court order awarding our client her attorney’s fees. The trial court entered an order (“Fees Order”) that awarded our client her attorney’s fees following the dissolution of the parties’ marriage and directed that the former husband pay the fees...

To Tweet or Not to Tweet? That is the Question (and When You’re a Juror, the Answer is No)

Murphy v. Roth, Case No. 4D14-4830 (Fla. 4th DCA Oct. 5, 2016)* Jury service may not be anyone’s favorite pastime, but it is a civic duty and a critical component of the system of justice. One important aspect of jury duty is the obligation to avoid communicating about the jury service or the case, and...

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...

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...

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...

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...

Third DCA Decides that Attorney’s Appearance Long After Court’s Order Did Not Waive Service of Process in Proceeding to Modify Timesharing and Support

Salinas v. Pascariello, Case No. 3D15-594 (Fla. 3d DCA, March 30, 2016)* Under Florida law, valid service of process is a prerequisite to the exercise of personal jurisdiction over a defendant. The Florida Rules of Civil Procedure governing service of process require that a copy of the initial pleading be delivered to the party upon...

What Is It, How Much Is It Worth, and Who Gets It?: Fourth DCA Reverses Final Judgment of Dissolution for Failure to Include Required Findings as to Equitable Distribution

Joseph W. Pierre v. Marie C. Pierre, Case No. 4D14-1651 (Fla. 4th DCA, February 24, 2016)* Florida law requires that certain trial court rulings in family court cases, such as those on equitable distribution and alimony, must be supported with specific written findings. The written findings allow an appeals court to review the trial court’s...

Florida Supreme Court Clarifies the Inevitable Discovery Doctrine

On December 10, 2015, the Florida Supreme Court decided Miguel Rodriguez v. State of Florida, case number SC14-160. Mr. Rodriguez had challenged a decision of the Third District Court of Appeal, arguing that it conflicted with decisions of the Florida Supreme Court and other district courts of appeal on the application of the “inevitable...

U.S. Court of Appeals Reverses Summary Judgment Where Disputed Issue of Material Fact Exists – Win in Federal Appellate Court

VOIS, Inc. v. Michael Spindel and Edward Spindel, Case No. 10-15668-D We represented a corporation that had gone through multiple changes of ownership since issuing promissory notes to two of its investors and former directors, the Spindels. The corporation sued the Spindels for corporate wrongdoing, and the Spindels countersued claiming they were never paid under...