Bresky Law Obtains Dismissal of Lawsuit Against Church and Pastor

Jackson v. The S Avenue Church of Christ of Riviera Beach, Inc., and Jonathan B. Young, Case No. 2015-CA-005206 (Fla. 15th Jud. Cir. Nov. 22, 2016) Our firm recently obtained dismissal of a lawsuit against a church and its pastor, that was brought by a group of disgruntled former church members. The church terminated the...

Florida Supreme Court Determines Which Theory of Recovery Applies Under Insurance Policy When Both Included and Excluded Perils Converge to Cause Loss

Sebo v. American Home Assurance Company, Inc., Case No. SC14-897 (Fla. Dec. 1, 2016)* If your homeowner’s insurance policy includes coverage for rainwater damage but excludes construction defects, how should a court determine whether your loss is covered when your home suffers a loss where both factors clearly converge and act in concert and there...

Third DCA Denies Appellees’ Motion for Rehearing of Opinion Reversing Summary Final Judgment That Was in Favor of Landowner and Lessee

Grimes v. Family Dollar, Case No. 3D14-1874 (Fla. 3d DCA, May 4, 2016), rehearing denied, June 30, 2016.* Bresky Law recently obtained reversal of a final judgment that was in favor of a landowner and lessee who were alleged to be negligent in maintaining their premises and failing to warn of a dangerous condition on...

“Filing” Means Electronic Filing: Bresky Law Wins Affirmance of Trial Court Order Disallowing Claim Submitted to Clerk in Paper Form

United Bank v. Estate of Frazee, Case No. 4D15-826 (Fla. 4th DCA, July 13, 2016)* UPDATE: Mandate issued on September 2, 2016. Bresky Law recently obtained affirmance of a trial court order that found a bank’s claims against a decedent’s estate untimely. The appeal required the Fourth DCA to examine the meaning of “filing” court documents...

Who’s Afraid of the Big Bad Wolf?: Bresky Law Wins Reversal of Summary Final Judgment; Now the Injured Plaintiff Can Proceed to Seek Recovery from the Landowner and Lessee

Grimes v. Family Dollar Stores, Case No. 3D14-1874 (Fla. 3d DCA, May 4, 2016)* On behalf of an injured plaintiff, Bresky Law recently obtained reversal of a summary final judgment that was in favor of the defendants, the landowner and long-term lessee, which were allegedly negligent in the maintenance of their premises and failing to...

Firm Obtains Reversal Of Order Compelling Mediation and Arbitration

MuniCommerce, LLC v. Navidor, LTD, Case 4D15-169 (Fla. 4th DCA, Feb. 3, 2016)* In a recent appeal, Bresky Law represented a company that offers merchant accounts and payment solutions for merchants. The company appealed from a non-final order compelling mediation and arbitration with a former independent sales agent, with whom the company terminated its contract...

Bresky Law Successfully Defends Motion for Appellate Attorney’s Fees Based on Failure to Apportion Settlement Offer

Bresky Law Successfully Defends Motion for Appellate Attorney’s Fees Based on Failure to Apportion Settlement Offer Bresky Law recently successfully defended against a motion for appellate attorney’s fees based on opposing counsel’s failure to apportion a settlement offer. The case concerned the Defendant’s failure to pay for professional services rendered by her attorney in a...

Alter Egos No More! Bresky Law Assists with Unique California Appeal

Alter Egos No More! Bresky Law Assists with Unique California Appeal Bresky Law was retained in 2013 to assist two California attorneys with an appeal in Los Angeles. We researched and drafted portions of the briefs and assisted in editing and polishing the drafts into cohesive products, which were reviewed, finalized, signed, and filed by...

Bresky Law Wins Affirmance of Final Summary Judgment Finding Condominium Purchaser Entitled to Benefit of Safe Harbor Statute

Bresky Law Wins Affirmance of Final Summary Judgment Finding Condominium Purchaser Entitled to Benefit of Safe Harbor Statute Bresky Law recently successfully defended an appeal by a condominium association of a final summary judgment finding our client entitled to the safe harbor protection of section 718.116(1)(b), Florida Statutes. We represented a condo owner who purchased...

Bresky Law Obtains Affirmance of Foreclosure Judgment

Bresky Law Obtains Affirmance of Foreclosure Judgment The Third District Court of Appeal recently affirmed a foreclosure judgment in favor of the lender, for whom Bresky Law was lead appellate counsel. The homeowner raised numerous issues in her two initial briefs totaling almost 100 pages in these consolidated appeals. Many were procedural, such as arguing...