Motions for Recusal: Effective Tool for Litigants Faced With Judges They Perceive as Biased

Motions for Recusal: Effective Tool for Litigants Faced With Judges They Perceive as Biased In addition to handling appeals, Bresky Law frequently provides litigation support to attorneys and sometimes to pro se litigants (individuals who represent themselves without an attorney appearing on their behalf). Our firm recently assisted a pro se litigant in successfully obtaining...

Bresky Law Obtains Ruling Dispensing With Evidentiary Hearing Upon Remand Following Appellate Win

Bell v. Bell, 502007DR002692XXXXSB Case No. 4D10-5122 This was a divorce case with several contested issues regarding the parties’ marital and non-marital assets. Our client, the former wife, appealed the final judgment of dissolution of marriage. The former husband cross-appealed. Our client’s main issues were (1) the trial court’s failure to award her half of the...

Riviera Beach Confidential: Fourth DCA Rejects Notion of Privilege for Confidential Informants

City of Riviera Beach v. State of Florida Case No. 4D10-4522 The office of the state attorney subpoenaed information from the City of Riviera Beach that included the names of confidential informants the City had used. The trial court ordered the City to comply with the subpoena. The City filed a petition for writ of certiorari...

Saved by Sloppy Filing: Fourth DCA Reverses Summary Judgment of Foreclosure Where Bank Failed to Attach Assignment

Duke v. HSBC Mortgage Services, LLC, Case No. 4D09-5183 The Fourth District Court of Appeal (“DCA”) reviewed a trial court order granting summary judgment of foreclosure against the homeowners, who were husband and wife. At the time HSBC filed its complaint in the trial court, it attached a mortgage showing the Dukes as the borrowers and...

Past, Present, or Future Criminal Activity Necessary for a Constitutional Stop or Search When Acting on a Tip

Bryan v. State of Florida, 4D10-632 June 15, 2011 The Fourth District Court of Appeal wrote to address a trial court’s order denying a motion to suppress evidence obtained during a warrantless search. Acting on an anonymous tip, police were dispatched to investigate a call about three black males in front of a home by a...