Abuse Of Discretion (Standard Of Review)

12,337 Florida cases classified under this topic, plus 1,658 listed through its narrower topics · sorted by citation count · see the citation graph · browse and sort

• United States v. Furukawa
  596 F.2d 921· 9th Cir.· 1979-05-14 ·cited 5×
  The court held that a probationer's contacts with individuals deemed not 'law-abiding' or known gamblers, even without explicit prior court orders for each specific individual, can constitute probation violations if reasonably related to rehabilitation and public safety.
• Curtiss-Wright Corp. v. Gen. Elec. Co.
  597 F.2d 35· 3d Cir.· 1979-04-17 ·cited 5×
  The court held that the district court's entry of final judgment under Rule 54(b) was an abuse of discretion, as it conflicted with established precedent regarding pending counterclaims.
• Jarrell Garonzik and Milburn Garonzik v. Shearson Hayden Stone, Inc.
  574 F.2d 1220· 5th Cir.· 1978-06-12 ·cited 5×
  The court held that the district court did not abuse its discretion in denying class certification, considering the plaintiff's status as an attorney representing himself and his sophistication as an investor.
• United States v. "A" Mfg. Co., Inc.
  541 F.2d 504· 5th Cir.· 1976-10-29 ·cited 5×
  Interlocutory orders directing and confirming a receiver's sale of property are appealable under 28 U.S.C. § 1292(a)(2), and a district court has discretion to order a sale prior to a final accounting if it serves the parties' best interests.
• In re Int'l Airport INN P'ship v. Int'l Airport INN P'ship
  517 F.2d 510· 9th Cir.· 1975-05-19 ·cited 5×
  The court held that the referee did not abuse discretion in dismissing the Chapter XI bankruptcy petition, as there was no plain legal prejudice to the creditors.
• Statewright v. State
  278 So. 2d 652· Fla. 4th DCA· 1973-06-06 ·cited 5×
  Jesse Statewright was convicted of first-degree murder and sentenced to life imprisonment. The Florida District Court of Appeal reversed and remanded for a new trial, finding two critical trial errors: admission of incriminating statements obtained without proper Miranda warnings
• Ketchum v. State
  197 So. 2d 321· Fla. 2d DCA· 1967-03-29 ·cited 5×
  The appellate court held that the trial judge did not abuse his discretion in denying the defendant's motion to withdraw his guilty plea.
• Muskin v. Renae Irene Muskin
  184 So. 2d 923· Fla. 3d DCA· 1966-04-12 ·cited 5×
  In this interlocutory appeal from a family law order, the Florida District Court of Appeal affirmed the trial court's awards of temporary alimony and suit money but reversed the award of attorney's fees pendente lite, finding that $5,000 was excessive and unsupported by the recor
• Miller v. United States
  351 F.2d 598· 9th Cir.· 1965-10-19 ·cited 5×
  The court held that the trial judge did not abuse his discretion in denying a continuance to the appellant, and that the appeal was frivolous.
• Bello v. Angella
  171 So. 2d 547· Fla. 3d DCA· 1965-02-16 ·cited 5×
  The appellate court affirmed a trial court's order granting a new trial, holding that the appellant failed to demonstrate sufficient abuse of discretion by the trial judge. The trial judge had found the jury's verdict to be unsupported by the evidence.
• Bernadeane O'Neal v. United States
  332 F.2d 152· 9th Cir.· 1964-04-20 ·cited 5×
  The court held that the district court did not err in striking the parole eligibility order and in denying the motion for sentence reduction.
• Owens v. Euzema Smith and Irene Smith
  154 So. 2d 877· Fla. 1st DCA· 1963-04-30 ·cited 5×
  In this rescission and damages case involving alleged nondisclosure of pipe clay under a house foundation, the trial court denied rescission and transferred the case to law side for damages determination. The appellate court upheld the trial court's discretionary authority to req
• The City OF Miami Beach v. Seacoast Towers-Miami Beach, Inc.
  148 So. 2d 554· Fla. 3d DCA· 1963-01-17 ·cited 5×
  The appellate court affirmed the lower court's denial of a motion to dissolve a temporary injunction, finding no abuse of discretion by the chancellor. The court also noted that the issue of the injunction bond was not properly raised on appeal.
• Learner v. Cothron
  142 So. 2d 757· Fla. 3d DCA· 1962-06-26 ·cited 5×
  Appellants challenged a trial court's grant of a new trial in a personal injury case involving a seven-year-old child injured by a dynamite cap explosion. The court affirmed the trial judge's discretionary decision to grant a new trial on grounds that the jury verdict was contrar
• MacLAUGHLIN v. RED TOP CAB & Baggage Co.
  133 So. 2d 560· Fla. 3d DCA· 1961-10-16 ·cited 5×
  In this damages appeal, the trial court granted a new trial on the ground that a jury verdict of $42,500 was excessive and shocked the judicial conscience. The appellate court affirmed, holding that trial judges have broad discretion to grant new trials based on excessiveness and
• Williams v. Kane
  88 So. 2d 603· Fla.· 1956-03-28 ·cited 5×
  Joseph Williams, named executor under a will that was denied probate due to lack of testamentary capacity, sought attorney fees and costs under Florida law. The court affirmed the probate court's award of $1,000 in fees and $120 in costs, finding Williams was prima facie justifie
• Les Bryant v. State
  117 Fla. 672· Fla.· 1934-12-17 ·cited 5×
  Les Bryant was convicted of manslaughter for his role as an accessory to murder. The Florida Supreme Court affirmed the conviction, rejecting arguments that the trial court abused its discretion in allowing witness recall, denying a mistrial motion, and that the evidence was insu
• Williams v. State
  415 So. 3d 168· Fla.· 2025-07-17 ·cited 4×·via Abuse Of Discretion Standard For Continuance
  The trial court did not abuse its discretion in denying Williams's motion for a continuance to secure a new mitigation specialist, where Williams had been appointed multiple specialists over several years, requested the continuance only weeks before trial while proceeding pro se,
• Alonso v. State
  415 So. 3d 826· Fla. 2d DCA· 2025-07-09 ·cited 4×·via Abuse Of Discretion Standard For Evidentiary Rulings
  The trial court did not abuse its discretion in admitting the challenged evidence, and any error in designating Alonso as a prison releasee reoffender and habitual felony offender is harmless beyond a reasonable doubt.
• Citizens Prop. Ins. Corp. v. Noa
  58 So. 3d 336· Fla. 3d DCA· 2025-01-02 ·cited 4×
  Citizens Property Insurance Corporation appealed a trial court decision regarding expert witness testimony and jury instructions. The Third District Court of Appeal affirmed the lower court's ruling, relying on established standards for reviewing Daubert admissibility decisions a
• Carey Dale Grayson v. Comm'r, Ala. Dep't of Corr.
  121 F.4th 894· 11th Cir.· 2024-11-18 ·cited 4×
  The court affirmed the denial of a preliminary injunction, holding that the inmate failed to show a substantial likelihood of success on his Eighth Amendment claim regarding the nitrogen hypoxia execution protocol.
• Stansell v. Samark Jose Lopez Bello
  120 F.4th 754· 11th Cir.· 2024-10-30 ·cited 4×
  The Eleventh Circuit affirmed the district court's entry of default judgment against the appellants for willfully disobeying discovery orders and failing to appear for a deposition, finding no abuse of discretion.
• Yorktown Sys. Grp. Inc. v. Threat TEC LLC
  108 F.4th 1287· 11th Cir.· 2024-07-19 ·cited 4×
  The Eleventh Circuit affirmed the district court's grant of a preliminary injunction, finding that the protégé (Threat Tec) likely breached its fiduciary duty to the mentor (Yorktown) by attempting to use a subcontract termination clause to steal the mentor's workshare on a gover
• Aquate II, LLC v. Myers
  100 F.4th 1316· 11th Cir.· 2024-05-01 ·cited 4×
  The court held that Kituwah waived sovereign immunity for trade secret claims related to its 8(a) program participation, and that the district court must first assess the enforceability of the forum-selection clause under The Bremen before applying forum non conveniens.
• Sec. & Exch. Comm'n v. Ibrahim Almagarby
  92 F.4th 1306· 11th Cir.· 2024-02-14 ·cited 4×
  The Eleventh Circuit held that Ibrahim Almagarby violated the Securities Exchange Act by operating as an unregistered securities dealer in penny-stock transactions involving the rapid purchase and resale of convertible debt at steep discounts, and affirmed the district court's di
• United States v. Hurtado
  89 F.4th 881· 11th Cir.· 2023-12-20 ·cited 4×
  Juan Carlos Acosta Hurtado and Asdrubal Quijada Marin, crew members of a Cameroon-flagged vessel, were convicted under the Maritime Drug Law Enforcement Act after approximately 4,225 kilograms of cocaine were found aboard their vessel in international waters and Cameroon consente
• Adolf Gaspard v. Fania Innocent
  389 So. 3d 638· Fla. 3d DCA· 2023-11-29 ·cited 4×
  An appellant's failure to provide a trial transcript or adequate substitute results in an inadequate record that prevents demonstration of reversible error and requires affirmance unless the judgment is fundamentally erroneous on its face.
• Barton Protective Servs., LLC v. Isadora Redmon
  387 So. 3d 353· Fla. 3d DCA· 2023-08-09 ·cited 4×
  Where a motion for relief from judgment under Florida Rule of Civil Procedure 1.540(b) sets forth a colorable entitlement to relief based on excusable neglect, the trial court must conduct an evidentiary hearing rather than summarily denying the motion. An inadvertent calendaring
• Malone v. Malone
  368 So. 3d 1057· Fla. 1st DCA· 2023-08-09 ·cited 4×
  A domestic violence injunction must be reversed when the petitioner fails to prove the respondent's conduct constitutes harassment or stalking as defined by statute, specifically where the alleged conduct was not directed at the petitioner and served a legitimate purpose.
• Gedalya Blatter v. D.N. Suyte Inc.
  Fla. 4th DCA· 2023-05-03 ·cited 4×
  A trial court must issue a specific ruling on a defendant's pending motion to vacate a default before entering a final default judgment, and failure to do so is reversible error as a matter of law.
• Gordon v. Marlana Bethel
  359 So. 3d 802· Fla. 4th DCA· 2023-04-19 ·cited 4×
  The appellate court reversed a trial court's dismissal of a defamation case based on forum non conveniens. The court found that the trial court abused its discretion by not properly weighing the private and public interest factors, and by failing to give sufficient deference to t
• SC Mota Assocs. Ltd. P'ship v. Mota Pizza Rustica Corp.
  358 So. 3d 823· Fla. 3d DCA· 2023-03-29 ·cited 4×
  An unelaborated appellate denial of sanctions in an interlocutory appeal does not decide the merits of a sanctions motion and therefore does not invoke the law of the case doctrine to preclude the trial court from reconsidering the motion on remand. The law of the case doctrine a
• THE Residences at the Bath Club Condo. Ass'n, Inc. v. Bath Club Ent., LLC
  355 So. 3d 990· Fla. 3d DCA· 2023-02-01 ·cited 4×
  Paragraph 5 of the 2010 Settlement Agreement is unambiguous and clearly reserves to BCE perpetual ownership rights in any upland areas necessary to maintain its beach concession licenses. The trial court properly reformed the 2013 special warranty deed by mutual mistake to reserv
• SMA Behavioral Health Servs., Inc. v. Loewinger
  355 So. 3d 988· Fla. 3d DCA· 2023-02-01 ·cited 4×
  A trial court abuses its discretion by denying a motion to transfer venue under section 47.122, Florida Statutes, when virtually all critical events and fact witnesses are located in the proposed venue county, even if a defendant maintains corporate headquarters in the original v
• Metro. Mortg. Co. of Miami v. Ivor H. Rose
  353 So. 3d 1230· Fla. 3d DCA· 2022-12-14 ·cited 4×
  The appellate court reversed a trial court's denial of a motion to vacate a dismissal for failure to prosecute. The court found the dismissal was void because the appellant and its counsel did not receive notice, violating due process, and thus the trial court was obligated to va
• Girard v. Girard
  351 So. 3d 27· Fla. 4th DCA· 2022-11-30 ·cited 4×
  The appellate court reversed a trial court's decision to reduce permanent alimony payments. The court found no substantial and permanent change in circumstances since the original judgment, which is required for modification, and reinstated the original alimony award.
• United States v. B.G.G.
  53 F.4th 1353· 11th Cir.· 2022-11-22 ·cited 4×
  The Eleventh Circuit reversed a district court's dismissal of a criminal information with prejudice against defendant B.G.G., holding that the district court abused its discretion by failing to follow Federal Rule of Criminal Procedure 48(a)'s requirements for dismissals. The cou
• Marti v. Iberostar Hoteles Y Apartamentos SL
  54 F.4th 641· 11th Cir.· 2022-11-21 ·cited 4×
  The Eleventh Circuit held that the district court's indefinite stay of proceedings, which effectively removed the plaintiff from federal court, was immoderate and unlawful, requiring vacation of the stay.
• Birol Karan v. Pernia
  343 So. 3d 689· Fla. 3d DCA· 2022-08-10 ·cited 4×·via Gross Abuse Of Discretion
  A trial court does not abuse its discretion in denying a motion to vacate a final default judgment when the moving party fails to establish excusable neglect and a meritorious defense with due diligence.
• Massey v. Thomas
  342 So. 3d 680· Fla. 4th DCA· 2022-07-20 ·cited 4×
  The appellate court reversed a trial court's dismissal of a complaint, finding that the trial court misinterpreted an administrative order. The trial court believed the administrative order mandated strict enforcement of deadlines, leading to dismissal, but the appellate court he
• IVY Chase Apt. Prop. v. IVY Chase Apts.
  352 So. 3d 33· Fla. 2d DCA· 2022-06-29 ·cited 4×
  The appellate court reversed a foreclosure judgment, finding that the lender presented insufficient evidence to prove the amounts owed. The court also addressed the default interest rate, holding that the trial court erred by modifying the unambiguous terms of the note based on e
• Nelson v. Darcelle McNeill
  313 So. 3d 792· Fla. 6th DCA· 2022-03-03 ·cited 4×
  Joseph Nelson appeals a probate court order imposing sanctions against him, including disinheritance from an estate. The appellate court dismisses the monetary sanctions portion as not final but affirms the disinheritance finding, holding that the probate court did not abuse its
• Seith v. Seith
  337 So. 3d 21· Fla. 4th DCA· 2022-03-02 ·cited 4×
  The appellate court affirmed the modification of a timesharing schedule due to a parent's relocation but reversed the child support modification. The court found errors in the calculation of overnights, the failure to issue an income deduction order, and the incorrect application
• Reeves v. Comm'r, Ala. Dep't of Corr.
  23 F.4th 1308· 11th Cir.· 2022-01-26 ·cited 4×
  The Eleventh Circuit affirmed the district court's grant of a preliminary injunction, finding the inmate had standing and was likely to succeed on his ADA claim regarding a reasonable accommodation for his cognitive and reading disabilities in electing an execution method.
• Fischer v. Fischer
  332 So. 3d 516· Fla. 4th DCA· 2021-12-22 ·cited 4×
  The appellate court partially reversed a trial court's judgment on attorney's fees and costs. The court found that the Trustee should not be jointly and severally liable for all fees and costs incurred after his claim was dismissed, and that costs for a non-testifying expert witn
• ASH v. In re Guardianship of Aaron ASH
  332 So. 3d 563· Fla. 3d DCA· 2021-12-15 ·cited 4×
  Equitable estoppel prevents the current guardian from objecting to the mother's appointment as successor guardian where the guardian previously agreed to the transition, objected only to preparation steps, and the mother relied on the court's directive and the guardian's position
• EL Brazo Fuerte Bakery 2 v. 24 Hour AIR Serv., Inc.
  330 So. 3d 552· Fla. 4th DCA· 2021-11-24 ·cited 4×
  A trial court must support any reduction of requested attorney's fees hourly rates with specific findings rooted in competent substantial evidence or the court's experience as a lawyer; a trial court that includes Quanstrom multiplier findings in its judgment but awards a zero mu
• United States v. Delvin Tinker
  14 F.4th 1234· 11th Cir.· 2021-09-28 ·cited 4×
  A district court does not procedurally err by denying a compassionate release motion based on sentencing factors or policy statements without first explicitly finding "extraordinary and compelling reasons."
• Ariel Syndicate 1901 v. Fountainbleau Gardens Condo. Ass'n, Inc.
  Fla. 3d DCA· 2021-09-22 ·cited 4×
  A trial court does not abuse its discretion in allowing an appraisal to proceed on a dual track basis while preserving a party's right to contest coverage.
• Singer v. Noreen Singer and Sally Chazan
  Fla. 4th DCA· 2021-09-15 ·cited 4×
  A trial court's decision to deny, dissolve, or modify an injunction will not be disturbed on appeal unless a clear abuse of discretion is demonstrated.