Daily Business Review Features Bresky Law’s Appellate Matter Holding the Disqualification of Trial Judge

Florida Rule of Judicial Administration 2.330 and section 38.10, Florida Statutes, govern the disqualification of trial judges. A party may seek to have a judge disqualified where the party “fears that he or she will not receive a fair trial or hearing because of specifically described prejudice or bias of the judge.” “The question...

Update: Minor Child Permitted To Relocate Out Of State to Reside With The Father After The Trial Court Granted A Motion For Rehearing In Favor Of The Father Who Received Litigation Support From Bresky Law

Following the trial court’s dismissal of his Second Supplemental Petition to Permit Relocation with Minor Child in a paternity action, the Father retained Bresky Law to draft a Motion for Rehearing to be filed by trial counsel. The trial court granted the Motion for Rehearing, which effectively undid the dismissal order. Following the granting of the...

Trial Court Grants Motion for Rehearing in Favor of Client Who Received Litigation Support from Bresky Law

Following the trial court’s dismissal of his Second Supplemental Petition to Permit Relocation with Minor Child in a paternity action, the Father retained Bresky Law to draft a Motion for Rehearing to be filed by trial counsel. Recently, the trial court granted the Motion for Rehearing, which effectively undid the dismissal order. The relevant history leading...

Bresky Law Obtains Reinstatement Of Appeal For New Client Who Had Filed Appeal Pro Se

By Randall Burks A new client recently approached Bresky Law to represent him in an appeal after filing the notice of appeal on his own, pro se. When our attorneys reviewed the appellate court’s docket, they discovered that the court had dismissed the appeal several weeks earlier. The order of dismissal stated: “Upon the Court’s...

Bresky Law Succeeds in Appeal of Permanent Injunction for Protection Against Dating Violence

August 8, 2018* Bresky Law recently assisted a client in obtaining a per curiam affirmance of a restraining order protecting him against violence by his former girlfriend. At the trial court level, the Petitioner filed a sworn petition for injunction for protection against dating violence pursuant to section 784.046, Florida Statutes (2017). Based on the evidence...

Appellate Court Grants Motion Filed By Bresky Law On Behalf Of Client To Recategorize Appeal Of Permanent Injunction As Appeal From Non-Final Order

While Florida Rule of Appellate Procedure 9.130(a)(3)(B) might seem to indicate that only temporary injunction orders may be appealed as non-final orders under that rule, Bresky Law recently filed a successful motion asking the Third District Court of Appeal to treat an appeal from a Final Judgment of Injunction for Protection Against Dating Violence...

Bresky Law Successfully Appeals Denial of Client’s Due Process Rights By Trial Court’s Precluding Presentation of Case-In-Chief at Final Hearing, Which Was Fundamental Error

Recently, Bresky Law helped a mother obtain an appellate reversal of the final judgment in a paternity case. At the Final Hearing, the Father was afforded his right to present his case-in-chief. The trial judge stated repeatedly at the hearing that the Mother would have the same opportunity. However, due to the time limitations...

Bresky Law Obtains Affirmance of Order Finding Unenforceable a Post-Judgment Settlement Agreement That Prevented Client from Contact with Family

Our firm recently helped a client obtain affirmance of a trial court order finding unenforceable a Post-Judgment Settlement Agreement that prohibited our client from having contact with various family and friends. The parties entered into the Post-Judgment Settlement Agreement (“PJSA”) shortly after the Final Judgment dissolving their marriage. The PJSA contained a provision that our...

Bresky Law Obtains Reversal of Trial Court Order that Summarily Denied Petition for Stalking Injunction

Bresky Law recently assisted a client in obtaining reversal of an order denying the client’s petition for an injunction for protection against stalking. The client filed the petition pro se, alleging five separate instances of stalking by his ex-girlfriend. He included detailed descriptions of the five incidents of stalking with multiple pages of documentation to...

Bresky Law Obtains Reversal of a Final Judgment of Dissolution of Marriage Denying a Former Wife’s Petition for Relocation

June 7, 2017* Our firm, through attorney Dan Weinger, recently obtained a reversal of the portion of a final judgement of dissolution of marriage denying a Former Wife's petition to relocate with her two young children to Virginia. The appeal concerned a dissolution proceeding between a husband and wife who were...