Bresky Law Is Ready to Handle Appeals of Issues under the New Electronic Discovery Rules

Bresky Law Is Ready to Handle Appeals of Issues under the New Electronic Discovery Rules On July 5, 2012, the Florida Supreme Court made several changes to the Florida Rules of Civil Procedure that will take effect on September 1, 2012 regarding discovery of electronically stored information (“ESI”). See In Re: Amendments to the Florida...

Rip Van Winkle and Default Judgments: Fourth Reverses Order Granting Motion To Vacate Eighteen Year Old Default Judgment

Block v. Tosun Case No. 4D11-1594 The Fourth District Court of Appeal (“DCA”) reviewed a trial court order granting a motion to vacate an eighteen year old default judgment without an evidentiary hearing. The plaintiff trustees had obtained a default judgment against Tosun in 1992. Eighteen years later, with no record activity having occurred, the trustees...

Guarding Due Process Rights in Guardianship: Fourth DCA Holds Timely Objection to Guardianship Plan Entitles Objector to a Hearing

Rothman-Browning v. Marshall Case No. 4D11-2079 The Fourth District Court of Appeal (“DCA”) reviewed a trial court order approving a guardianship plan over objection from a co-trustee. The co-trustee had filed the objection exactly thirty days after the guardianship plan was filed. The trial court approved the guardianship plan despite the co-trustee’s objection. The trial court...

Getting Through the Velvet Ropes of Florida’s Highest Court

While there are specific mandates under Florida law that require the Florida Supreme Court to grant review in certain instances, for most practitioners, getting your case heard by the Florida Supreme Court can seem as daunting as getting a front seat at the Kodak Theater during the Oscars. Alas, Robin I. Bresky and Diana...

Want a Second Opinion?

Many of us are taught at a young age to trust the men and women of the cloth; cloth in this case consisting of a white poly-cotton blend lab coat. In most cases, we trust our physicians with our lives and the lives of our loved ones. As patients, we listen and do as...

Bonds, Stays and Writs of Garnishment: A Cautionary Tale

Individuals that seek to appeal a lower court judgment that involves solely a monetary judgment, are entitled to an automatic stay by posting a good and sufficient bond, pursuant to Florida Rule of Appellate Procedure 9.310(b)(1). The rule requires the bond be set in an amount that equals the judgment amount plus twice the...

The Record Deal: And We’re Not Talking Songs

Florida Rule of Appellate Procedure 9.200 dictates what documents shall be included in the record on appeal. In relevant part, the rule states: Except as otherwise designated by the parties, the record shall consist of the original documents, exhibits, and transcripts(s) of proceedings, if any, filed in the lower tribunal…. 9.200(a)(1), Fla. R. App. P. ...

Memorandum of Law regarding Florida Statute 61.13001

In addition to our appellate practice, we also offer litigation support including, but not limited to, drafting complex motions and memoranda of law for attorneys throughout all phases of pre-trial litigation. The firm was recently retained to draft a memorandum of law on the application of Florida Statute 61.13001. Specifically, the trial court requested...

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...