Bresky Law Obtains Dismissal of Appeal for Lack of Jurisdiction

April 8, 2019* Bresky Law recently assisted a client in obtaining dismissal of an appeal of an order granting summary judgment on the opposing party’s counterclaims in a case arising from a failed real estate transaction. Our client entered into a contract for sale of a home. The buyer failed to close on the purchase of...

Bresky Law Successfully Obtains Entitlement to Attorney’s Fees for Landowner in Suit Against Community

November 16, 2018* Bresky Law recently assisted a landowner in obtaining entitlement to attorney’s fees in a lawsuit brought against him by his community regarding termination of his membership in the community and nuisance. The community sued the landowner for declaratory judgment and nuisance, seeking a ruling that certain actions taken by the landowner in the...

Bresky Law Assists Injured Plaintiffs in Successfully Obtaining Entitlement to Attorney’s Fees Against Insurance Company

October 4, 2018 Bresky Law recently assisted a husband and wife in obtaining entitlement to attorney’s fees in their suit for declaratory judgment to establish coverage arising from an automobile accident. The Plaintiffs were injured in an automobile accident in which they were driven off the road by a phantom vehicle. The Plaintiffs eventually were forced...

Bresky Law Helps Clients Obtain Reversals of Final Judgments Entered Without Due Process

July 5, 2018 The two most basic elements of due process are notice and a hearing. A court action without notice would violate due process. Bresky Law recently secured reversals of two substantial final judgments that had been entered against our clients without notice of their trial dates. The case started when three plaintiffs filed three...

Bresky Law Obtains Reversal of Order Granting Summary Judgment

August 17, 2018* Bresky Law recently assisted a chiropractic care center in obtaining reversal of a county court order granting final summary judgment in favor of an insurance company that our client had sued. Our client provided medical treatment to an insured patient following a car accident. Our client later sued the patient’s auto insurance company...

The Fourth District Court Of Appeal Disapproves The Clerk Of The Court’s Practice Of Backdating Judgments

In Guy v. Plaza Home Mortgage, Inc., Case No. 4D17-3335 (Fla. 4th DCA Apr. 25, 2018), the summary judgment hearing in a foreclosure case was held on an afternoon in September of 2017. However, the lower tribunal’s clerk’s office’s electronic time stamp revealed that the final judgment was filed approximately five hours before the scheduled hearing. In...

Bresky Law Secures Win for Condominium Association on Insurance Claim for Substantial Hurricane Wilma Damage

The Firm’s client, a condominium association for a community with eight buildings, over 400 residential units, a clubhouse and two pools, recently prevailed in an appeal from a Final Judgment based on the interpretation of insurance policy language concerning application of the policy deductible. The action arose from extensive hurricane/windstorm damage suffered by the condo...

Bresky Law Obtains Dismissal of Appeal for Lack of Prosecution

March 23, 2018 Bresky Law recently assisted an appellee client in successfully obtaining dismissal of an appeal of a postjudgment trial court order. Our client, who was the plaintiff in the trial court action, obtained a judgment in the trial court awarding our client appellate attorney’s fees incurred in a prior successful appeal in which our...

Bresky Law Serves as Expert Attorney’s Fee Witness for Homeowners Who Prevailed in Appeal Against HOA

September 20, 2017 Appellate attorney Jonathan Mann of Bresky Law recently served as an expert attorney’s fee witness on behalf of homeowners who prevailed in an appeal brought by their homeowner’s association (“HOA”). The homeowners prevailed at the county court level after a particularly long and drawn-out legal dispute regarding assessments. The homeowners also obtained a...

Bresky Law Assists Homeowner in Obtaining Dismissal of Appeal and Entitlement to Attorney’s Fees in Dispute Over Sale of Property

March 20, 2017 Bresky Law recently assisted a plaintiff homeowner in successfully obtaining dismissal of an appeal of trial court orders that gave him the power to complete the sale of the property despite the Defendant’s attempts to frustrate his efforts. The parties, who were not married, had previously purchased a home together. They later had...