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...

Everyone Gets Their Day in Court: Fourth DCA Reverses Civil Contempt Order For Failure To Hold Evidentiary Hearing

Leo v. Leo Case No. 4D10-5127 In this family law appeal, appellant, Former Wife, appealed an order finding her in civil contempt. This appeal stemmed from a final judgment of dissolution of marriage between the appellant and the appellee, Former Husband. Subsequent to entry of the final judgment, Former Husband filed a motion for civil contempt...

Statute of Limitations for a Legal Malpractice Action Begins When the Injured Party Knows or Should Know of the Injury or the Negligent Act

McLeod v. Elk, Bankier, Christu, P.A., 4D10 – 37 June 8, 2011 The Fourth District addressed the issue of whether the statute of limitations had expired before a claim for legal practice was filed. In 1998, Robert McLeod hired Thomas Tew as his attorney in order to sue Fidelity Investments (“Fidelity”) for an alleged error that...

A Party’s Attorney is Legally Insufficient to Execute Sworn Affidavit Under Fla. Stat. §222.12 ; Affidavit Must be Executed by Party Who Sued

Caproc Third Ave., L.L.C. v. Donisi Ins. Inc., and Donosi, 4D09-4792 June 1, 2011 The Fourth District wrote to address the issue of who may properly deny facts set forth in a judgment debtor’s affidavit for exemption under section 222.12, Florida Statutes. Caproc Third Avenue, LLC (“Caproc”) obtained a final judgment against Charles Donisi. A writ...