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....

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...

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 Is Ready to Handle Appeals of Issues under the New Electronic Discovery Rules

Bresky Law Is Ready to Handle Appeals of Issues under the New Electronic Discovery Rules On July 5, 2012, the Florida Supreme Court made several changes to the Florida Rules of Civil Procedure that will take effect on September 1, 2012 regarding discovery of electronically stored information (“ESI”). See In Re: Amendments to the Florida...

Rip Van Winkle and Default Judgments: Fourth Reverses Order Granting Motion To Vacate Eighteen Year Old Default Judgment

Block v. Tosun Case No. 4D11-1594 The Fourth District Court of Appeal (“DCA”) reviewed a trial court order granting a motion to vacate an eighteen year old default judgment without an evidentiary hearing. The plaintiff trustees had obtained a default judgment against Tosun in 1992. Eighteen years later, with no record activity having occurred, the trustees...

Guarding Due Process Rights in Guardianship: Fourth DCA Holds Timely Objection to Guardianship Plan Entitles Objector to a Hearing

Rothman-Browning v. Marshall Case No. 4D11-2079 The Fourth District Court of Appeal (“DCA”) reviewed a trial court order approving a guardianship plan over objection from a co-trustee. The co-trustee had filed the objection exactly thirty days after the guardianship plan was filed. The trial court approved the guardianship plan despite the co-trustee’s objection. The trial court...

Getting Through the Velvet Ropes of Florida’s Highest Court

While there are specific mandates under Florida law that require the Florida Supreme Court to grant review in certain instances, for most practitioners, getting your case heard by the Florida Supreme Court can seem as daunting as getting a front seat at the Kodak Theater during the Oscars. Alas, Robin I. Bresky and Diana...

Want a Second Opinion?

Many of us are taught at a young age to trust the men and women of the cloth; cloth in this case consisting of a white poly-cotton blend lab coat. In most cases, we trust our physicians with our lives and the lives of our loved ones. As patients, we listen and do as...

Bonds, Stays and Writs of Garnishment: A Cautionary Tale

Individuals that seek to appeal a lower court judgment that involves solely a monetary judgment, are entitled to an automatic stay by posting a good and sufficient bond, pursuant to Florida Rule of Appellate Procedure 9.310(b)(1). The rule requires the bond be set in an amount that equals the judgment amount plus twice the...

The Record Deal: And We’re Not Talking Songs

Florida Rule of Appellate Procedure 9.200 dictates what documents shall be included in the record on appeal. In relevant part, the rule states: Except as otherwise designated by the parties, the record shall consist of the original documents, exhibits, and transcripts(s) of proceedings, if any, filed in the lower tribunal…. 9.200(a)(1), Fla. R. App. P. ...