Florida Supreme Court: State Law Prohibits Discrimination on the Basis of Pregnancy

Florida Supreme Court: State Law Prohibits Discrimination on the Basis of Pregnancy On April 17, 2014, the Florida Supreme Court decided that “discrimination because of sex” under the Florida Civil Rights Act (“FCRA”) includes discrimination based on pregnancy, which is a “natural condition and primary characteristic unique to the female sex.” Delva v. Continental Group,...

Fourth DCA: Florida Courts Lack Jurisdiction to Order Debtor to Turn Over Property Located Outside of Florida to Satisfy Judgment Debt

Fourth DCA: Florida Courts Lack Jurisdiction to Order Debtor to Turn Over Property Located Outside of Florida to Satisfy Judgment Debt Harry Sargeant III, Mustafa Abu-Naba’a, and International Oil Trading Co., LLC v. Mohammed Anwar Fari Al-Saleh, Case No. 4D13-1447 The Fourth District Court of Appeal (“Fourth DCA”) recently decided an important case regarding the power...

Bresky Law Successfully Defends Appellate Win In Favor Of Former Wife Against Motion For Rehearing

Hallac v. Hallac Case No. 4D10-4450 We represented a former wife in an appeal from the trial court’s order on opposing motions for attorney’s fees following trial. On appeal, our firm argued that it was legal error for the trial court to have used our client’s refusal of a settlement offer and the fact that she...

Bresky Law Obtains Reversal of Child Support Order to Award Mother Her Child’s Uncovered Medical Expenses

Judkins v. Dep’t of Revenue and Jose Briceno Case No. 4D10-4579 We represented a mother in her appeal from the Department of Revenue’s child support order. The mother had sought an order requiring the father of her child to pay child support. Specifically, the mother’s application for child support enforcement sought financial contribution from the father...

Bresky Law Obtains Reversal of Fee Award Against Former Wife Awarded Based on Rejection of a Settlement Offer

Hallac v. Hallac Case No. 4D10-4450 We represented a former wife in an appeal from the trial court’s order on opposing motions for attorney’s fees following trial. Early in the dissolution of marriage case, our client had rejected the former husband’s settlement offer and made a counteroffer. The case proceeded to trial and our client obtained...

Order of Juvenile Detention Did Not Violate Florida Law

Fourth DCA: Trial Court Order of Juvenile Detention Pending Placement in Residential Program Did Not Violate Florida Law V.P. v. State Case No. 4D11-3001 The trial court adjudicated V.P. delinquent on a first-degree petit theft count, and revoked V.P.’s probation for counts of battery, second-degree petit theft, and grand theft. Pending placement in a moderate risk residential...

Monetary Damages Not Available to Plaintiffs Under Firefighter’s Bill of Rights

Curtis v. City of West Palm Beach, 4D10-876 June 22, 2011 The Fourth District Court of Appeal addressed the issue of whether a firefighter could claim monetary damages under the Firefighter’s Bill of Rights (“FBR”). The firefighter sought monetary relief for alleged violations of the FBR by the City of West Palm Beach in imposing disciplinary...