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 Successfully Obtains Leave to Add New Issues to Initial Brief on Appeal After Opposing Counsel Threatens Sanctions*

Bresky Law Successfully Obtains Leave to Add New Issues to Initial Brief on Appeal After Opposing Counsel Threatens Sanctions* Bresky Law represented a former homeowner in the Fourth District Court of Appeal in an appeal from a final judgment of foreclosure. Our office filed an Initial Brief on the homeowner’s behalf that raised two issues...

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...

Appeal Dismissed in Favor of Client Where Unauthorized Under Appellate Rules

The issue was whether a trial court’s order denying exceptions to a general magistrate’s report and affirming the report, with several exceptions, was appealable as a final order or an appealable non-final order. We represented the Father of an infant child in a contentious custody dispute over timesharing and other issues. A general magistrate entered...

Entitlement to Attorney’s Fees in Probate Matter Resolved

The issue was whether our client was entitled to an award of attorney’s fees, under the settlement agreement between the parties and as a prevailing party, after the opposing party failed to honor certain provisions in their settlement agreement. After years of litigating a probate matter, our client and the opposing party entered into a...

Resolved in Favor of the Innocent Co-insured

The issue as to whether or not an insurance company can deny coverage to an innocent co-insured based on the failure of a spouse to attend an examination under oath (EUO) was resolved in favor of our client, the innocent co-insured. Our client’s home was burglarized by an unknown assailant. The client preformed all conditions...

The Law of the Case Doctrine – Win at the Third DCA against Luxury Automotive Dealership

The law of the case doctrine states generally that questions of law that actually have been decided on appeal must govern the case in the same court and in the trial court through all subsequent states of the proceedings. State Dept. of Revenue v. Bridger, 935 So. 2d 536, 538 (Fla. 3d DCA 2006)....

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...

Why Certiorari?

Attorney-client privilege is the right of clients to refuse to disclose confidential communications with their lawyers to third parties. This privilege is fundamental to preserve the right to effective legal counsel. Lawyers cannot function effectively on behalf of their clients without the ability to communicate with them in confidence. With that said, as an appellate...