In Re: Amendments to The Florida Rules of Judicial Administration - New Rule 2.340, Case No. SC15-497 (Fla. Sept. 10, 2015)
Have you ever wondered why judges and justices wear robes, especially black robes? The tradition of wearing judicial robes dates back to the judges of the King’s Bench in 15th century England. Some courts...
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Fourth DCA: Ruling Designating Keys Father Primary Residential Parent When Child Begins School Does Not Constitute Improper Prospective Relocation Order
Fourth DCA: Ruling Designating Keys Father Primary Residential Parent When Child Begins School Does Not Constitute Improper Prospective Relocation Order
Krift v. Obenour, Case No. 4D13-1151 (Fla. 4th DCA, November 5, 2014)
Bresky Law recently obtained a decision in our client’s favor in the Fourth DCA in a case regarding timesharing where the parties live greater...
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Fourth DCA: Florida Courts Lack Jurisdiction to Order Debtor to Turn Over Property Located Outside of Florida to Satisfy Judgment Debt
Fourth DCA: Florida Courts Lack Jurisdiction to Order Debtor to Turn Over Property Located Outside of Florida to Satisfy Judgment Debt
Harry Sargeant III, Mustafa Abu-Naba’a, and International Oil Trading Co., LLC v. Mohammed Anwar Fari Al-Saleh, Case No. 4D13-1447
The Fourth District Court of Appeal (“Fourth DCA”) recently decided an important case regarding the power...
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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...
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Possession Determinations Give Power To Bring Non-Final Appeals
“Possession Determinations Give Power To Bring Non-Final Appeals”: Fourth DCA Clarifies That Order Must Direct Immediate Possession To Qualify As Appealable Non-Final Order
Florida Atlantic Stock Transfer, Inc., v. Smith, 4D11-2955
Florida Atlantic Stock Transfer (“FAST”), a stock transfer agent, appealed from an order in an interpleader action it filed in a dispute over the transfer...
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Be Careful What You Ask For
“Be Careful What You Ask For” or “Read The Contract Before You Sign It”: Third DCA Reverses For Enforcement Of Forum Selection Clause In Contract Despite Drafting Party’s Claim Of Mistake
Espresso Disposition Corp. 1 v. Santana Sales & Marketing Group, Inc., 3D12-1147
The parties signed an agreement, drafted by Santana, with a forum selection clause...
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Take Notice: Fourth DCA Reverses Summary Judgment of Foreclosure Where Homeowner Claimed Bank Failed to Provide Notice
Finnegan v. Deutsche Bank National Trust Co., 4D11-939
Deutsche Bank filed a mortgage foreclosure action alleging that Finnegan had failed to make payments on the promissory note. Deutsche Bank claimed that all conditions precedent to acceleration of the note, and the foreclosure action, had occurred. The mortgage document specified as a condition precedent that Deutsche...
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Paid In Full? Fourth DCA Holds Former Husband’s Settlement of Debt For Less Than Full Amount Sufficient Where Marital Settlement Agreement Failed to Specify Debt Amount
Cunha v. Cunha, 4D11-1892
The parties’ marriage was dissolved by a final judgment that incorporated a marital settlement agreement (“MSA”). The MSA gave the former husband the responsibility for paying a certain specific debt to a creditor, although the MSA did not specify the amount of that debt. The former wife filed a motion for...
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Bresky Law Obtains Reversal of Order Denying Wife’s Attorney’s Fees and Attributing Wife Depleted Marital Assets
Goldstein v. Goldstein
Case No. 4D10-3081
We represented a former wife in an appeal from an amended final judgment of dissolution of marriage. The trial court had denied our client her attorney’s fees and costs without making any findings as to our client’s need and the former husband’s ability to pay. Additionally, in the equitable distribution...
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Bresky Law Obtains Ruling Dispensing With Evidentiary Hearing And Awarding Client $660,611 Cash Distribution Following Appellate Win
Bell v. Bell,
Case No. 4D10-5122
This was a divorce case with several contested issues regarding the parties’ 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 husband’s accounts receivable from...
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