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...

Fourth DCA Reverses Order Draft by Former Wife Forcing Sale of Former Husband’s Residence to Satisfy Alimony Arrearages Where Former Husband Had No Opportunity to Object

Ross v. Ross, 4D11-107 The Fourth District recently wrote to address an appeal from an order that forced the sale of the Former Husband’s residence to satisfy his alimony arrearages. The Former Wife had drafted the ten-page order that the Court characterized as “very unfavorable” to the Former Husband, as it included findings that he...

The Law of the Case Doctrine – Win at the Third DCA against Luxury Automotive Dealership

The law of the case doctrine states generally that questions of law that actually have been decided on appeal must govern the case in the same court and in the trial court through all subsequent states of the proceedings. State Dept. of Revenue v. Bridger, 935 So. 2d 536, 538 (Fla. 3d DCA 2006)....

Why Certiorari?

Attorney-client privilege is the right of clients to refuse to disclose confidential communications with their lawyers to third parties. This privilege is fundamental to preserve the right to effective legal counsel. Lawyers cannot function effectively on behalf of their clients without the ability to communicate with them in confidence. With that said, as an appellate...