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...

Florida Supreme Court Curtails Medical Malpractice Defense

Florida Supreme Court Curtails Medical Malpractice Defense Saunders v. Dickens, 39 Fla. L. Weekly S 494 (Fla. July 10, 2014)* In several medical malpractice cases, defendants have argued that the defendant doctor’s misdiagnosis did not really cause the injury if a subsequent treating physician has testified that the eventual treatment would have been the same even...

Law Office of Robin Bresky Obtains Reversal Where The Trial Court Excluded Stocks As Marital Income, Failed To Identify Marital Property In Jamaica, and Abused Its Discretion In The Parenting Plan

Preudhomme v. Bailey Case No. 4D10-3262 Our firm challenged the trial court’s final judgment on behalf of a former wife claiming that the lower court erred in dividing the assets, calculating income of the husband, awarding an inadequate amount of alimony, calculating child support payable by the wife, and including overly restrictive parenting provisions. The case...

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...

Fourth DCA Reverses and Remands Trial Court’s Directed Verdict Against Plaintiff

Westervelt v. Thyssenkrupp Elevator Corporation and Toscana North Condominium Association, Inc. Case No. 4D08-3037 Westervelt worked as a concierge at a Toscana condominium building. Westervelt was injured as a result of riding in a condominium elevator, which suddenly stopped while traveling from an upper floor to the lobby. Toscana had hired Thyssenkrupp to maintain and repair...

Circumstantial Evidence Must Rebut Any Reasonable Hypothesis of Innocence to Withstand a Motion For Judgment of Dismissal

D.F.J. v. State of Florida, 4D10-1763 May 25, 2011 The Fourth District addressed a juvenile defendant’s appeal of conviction for aggravated battery and robbery with a weapon. The evidence showed that the defendant and codefendant were present in the victim’s backyard, drinking beer with the victim and another man. At some point, the victim was grabbed...