Bresky Law successfully secures ruling in a case of national origin discrimination and retaliation

Bresky Law was recently successful in securing affirmance of a substantial verdict in favor of a former employee in a suit against her former employer for national origin discrimination and retaliation. The Plaintiff began working for the employer through a temp agency and was later hired full-time. Shortly thereafter, persons from a certain country became...

Significant Caselaw: When Expert Testimony Is Not Required to Obtain an Award of Attorney’s Fees

April 1, 2020* Robin Bresky argued before the Fourth DCA and successfully defended an award of attorney’s fees involving an important issue of law. Bresky Law assisted the appellee, another law firm, in an appeal by that firm’s former client, a condominium association. The association challenged the fee award due to the absence of supporting...

Bresky Law Obtains Disqualification of Trial Judge for Clients Before Attorneys’ Fee Hearing

In Florida, “every litigant is entitled to nothing less than the cold neutrality of an impartial judge.” State v. Parks, 141 Fla. 516, 194 So. 613, 615 (Fla. 1939). If a trial court judge says or does something that appears to indicate bias, prejudice, partiality, or prejudgment against a litigant, that party may have...

Bresky Law Assists Estate in Obtaining Per Curiam Affirmance of Order Sanctioning Plaintiffs and Plaintiffs’ Attorneys

Bresky Law recently assisted a defendant’s estate in defending the propriety of a sanctions order in an appeal by the plaintiff. The plaintiff sued the defendant after the defendant stopped payment on a check for goods to be purchased from the plaintiff. The defendant filed a motion for sanctions pursuant to section 57.105, Florida...

Bresky Law Obtains Per Curiam Affirmance for Appellees in Ejectment and Conversion Case

Bresky Law in Boca Raton, Florida, recently helped its clients, who are landowners in Hendry County, to maintain the victory they had previously won in the trial court in a case involving the ejectment of squatters from their farmland and the assessment of damages for the squatters’ conversion of personal property. The underlying case began...

Five Things You Should Do in the Trial Court to Boost Your Chance of Winning an Appeal

Everything you do in the trial court should be geared towards a potential appeal. It seems that one side or the other is likely to appeal nearly any order. If you’re the Appellant, trying to reverse an order adverse to your client, the statewide statistics show less than a 20% chance of success on...

Bresky Law Prevails in Classifying Order as Final, Appealable Order

August 2019 District courts of appeal have jurisdiction to review final orders under Florida Rule of Appellate Procedure 9.110 and certain nonfinal orders under Rule 9.130. Other kinds of nonfinal orders not listed in Rule 9.130 cannot be reviewed via an interlocutory appeal; they can be reviewed only within a plenary appeal from an eventual...

Attorney’s Fees and the Requirement of Expert Witness Testimony in Florida

July, 2019 A party to litigation in Florida is often entitled to recoup its reasonable attorney’s fees from the opposing party pursuant to a statute or a contract between the parties. Florida law requires in most cases that a party seeking its fees from the opposing party introduce the testimony of an expert witness in...

Bresky Law Obtains Affirmance of Final Judgment for Tenant Injured at Apartment Building*

Our firm recently obtained an affirmance of a final judgment rendered in favor of an injured tenant following a favorable verdict. The tenant plaintiff suffered injuries when he fell on the stairs outside of his apartment as the result of a loose handrail. The plaintiff sought damages from the landlord, who owned the apartment complex....

Bresky Law Obtains Affirmance of Final Judgment for Tenant Injured at Apartment Building*