Cunha v. Cunha, 4D11-1892
The parties’ marriage was dissolved by a final judgment that incorporated a marital settlement agreement (“MSA”). The MSA gave the former husband the responsibility for paying a certain specific debt to a creditor, although the MSA did not specify the amount of that debt. The former wife filed a motion for...
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Bresky Law Obtains Reversal of Order Denying Wife’s Attorney’s Fees and Attributing Wife Depleted Marital Assets
Goldstein v. Goldstein
Case No. 4D10-3081
We represented a former wife in an appeal from an amended final judgment of dissolution of marriage. The trial court had denied our client her attorney’s fees and costs without making any findings as to our client’s need and the former husband’s ability to pay. Additionally, in the equitable distribution...
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Bresky Law Obtains Ruling Dispensing With Evidentiary Hearing And Awarding Client $660,611 Cash Distribution Following Appellate Win
Bell v. Bell,
Case No. 4D10-5122
This was a divorce case with several contested issues regarding the parties’ assets. Our client, the former wife, appealed the final judgment of dissolution of marriage. The former husband cross-appealed. Our client’s main issues were (1) the trial court’s failure to award her half of the husband’s accounts receivable from...
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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...
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Bresky Law Obtains Reversal of Order Dismissing Nursing Home Abuse Case
Kaufman v. FS Tenant Pool III Trust
Case No. 4D10-5122
We represented an elderly plaintiff who brought suit against a nursing home, through her daughter as power of attorney. Our client alleged multiple abuses by the nursing home in violation of its duty of care pursuant to sections 400.022(1), (2)(n) and (2)(o), Florida Statutes. Our client’s...
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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...
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Fourth DCA Reverses Order of Contempt
Parris v. Silveira and Parris
Case No. 4D11-3006
Angelica Parris gave birth to a child while married to Joseph Parris. Angelica later filed for divorce, representing in her petition for dissolution that there were no minor children of the marriage. The trial court entered a final judgment of dissolution of marriage. Silveira later filed a paternity...
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What’s Good For One Child May Not Be Good For Another. Fourth DCA Affirms Termination of Mother’s Parental Rights to One of Several Children.
S.L. v. Department of Children & Families
Case No. 4D11-3844
The trial court rendered an order terminating a mother’s parental rights to her minor child, S.A. S.A., whose father was serving a long sentence of incarceration, was residing with his half-siblings (the mother’s other children) and their father. The Department had sought to terminate both...
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Bresky Law Obtains Remand For Former Wife to Pursue Past-Due Alimony
Drdek v. Drdek,
Case No. 4D10-3082
We represented a former wife who originally filed a motion for contempt shortly after the parties divorced, due to the former husband’s non-payment of alimony despite his recent receipt of significant income from social security. The trial court adopted the magistrate’s recommendation to deny former wife’s motion because the parties’...
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Mission Impossible: Fourth DCA Grants Petition For Writ of Certiorari Where Circuit Court Dismissed Appeal For Failure to Comply With Order
United Automobile Ins. Co. v. Millennium Radiology, LLC
Case No: 4D11-3248
United Automobile Insurance Company (“United”) appealed a county court order to the circuit court sitting in its appellate capacity. The circuit court panel believed that the order was not appealable as originally rendered, and issued an order to United to show cause why the appeal...
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