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

• GFA Int'l, Inc. v. Trillas
  327 So. 3d 872· Fla. 3d DCA· 2021-09-01 ·cited 4×
  Violation of an enforceable restrictive covenant creates a statutory presumption of irreparable injury; when a party presents unrebutted evidence of such violation, a trial court abuses its discretion in denying a temporary injunction based on the availability of monetary damages
• May v. State
  326 So. 3d 188· Fla. 1st DCA· 2021-08-26 ·cited 4×
  The appellate court affirmed a defendant's fraud and racketeering convictions, finding no abuse of discretion by the trial court in excluding expert testimony and audit reports. The court emphasized the trial court's role as an evidentiary gatekeeper and the defendant's failure t
• Chess v. Sweeney
  325 So. 3d 295· Fla. 3d DCA· 2021-08-18 ·cited 4×
  Stanley D. Chess appeals a trial court order dismissing his complaint with prejudice for fraud on the court. The Third District Court of Appeal reversed, finding that the appellee failed to meet the heightened "clear and convincing evidence" standard required to justify dismissal
• Suarez v. THE Bank of NEW York Mellon Tr. Co.
  325 So. 3d 205· Fla. 2d DCA· 2021-07-07 ·cited 4×
  This case concerns a dispute over attorney's fees in a foreclosure action. The appellate court affirmed the denial of fees to the defendants (Suarez and National Packaging) because they failed to plead entitlement to fees, but reversed the denial of fees to the plaintiff (Bank of
• TV 109, LLC v. Turnberry Vill. N. Tower Condo. Ass'n, Inc.
  Fla. 3d DCA· 2021-06-23 ·cited 4×
  TV 109, LLC and TV 111, LLC appealed a trial court's denial of their motion to dissolve an arbitrator's injunction prohibiting them from using their condominium units as a synagogue, allegedly in violation of the Declaration of Condominium. The Third District Court of Appeal affi
• Montero v. Corzo
  320 So. 3d 976· Fla. 3d DCA· 2021-06-02 ·cited 4×
  A trial court abuses its discretion when it admits untimely-disclosed evidence without conducting the Binger analysis required under Florida law, which mandates consideration of the objecting party's ability to cure prejudice, the calling party's good or bad faith compliance, and
• Brannon v. State
  320 So. 3d 898· Fla. 3d DCA· 2021-05-12 ·cited 4×
  A trial court's determination that a peremptory strike is pretextual must be supported by the record, and where the record lacks evidence of a pattern of racially motivated strikes or other factors supporting pretext, the strike must be allowed.
• Palmer v. Maranda Lynn Palmer
  316 So. 3d 411· Fla. 5th DCA· 2021-04-15 ·cited 4×
  In this family law appeal, the Florida District Court of Appeal Fifth District upheld the trial court's characterization of the appreciated value of the former husband's premarital stock in a closely-held corporation as a marital asset subject to equitable distribution, but rever
• Ortiz v. Ortiz
  315 So. 3d 149· Fla. 2d DCA· 2021-04-07 ·cited 4×
  The appellate court partially reversed a final judgment dissolving a marriage. The court found the trial court erred in its equitable distribution of marital debts and its child support determination, remanding for further proceedings. However, the court affirmed the trial court'
• Sullivan v. Liberty Life Assurance Co. of Boston
  992 F.3d 1258· 11th Cir.· 2021-04-06 ·cited 4×
  The Eleventh Circuit held that the Employment Retirement Income Security Act's fee-shifting provision, 29 U.S.C. § 1132(g)(1), does not permit a court to award fees against a party's counsel.
• Odom v. Odom
  312 So. 3d 1073· Fla. 1st DCA· 2021-03-18 ·cited 4×
  The appellate court affirmed a trial court's decision to award bridge-the-gap alimony instead of permanent alimony in a short-term marriage. The court found that the trial court's determination that the former wife was capable of working, despite her claims of disability, was sup
• King v. Kelsi King
  313 So. 3d 887· Fla. 1st DCA· 2021-03-04 ·cited 4×
  The appellate court reviewed a final judgment dissolving a marriage, focusing on the equitable distribution of assets, specifically a business owned by the parties. The court affirmed some aspects of the judgment but reversed others concerning the business valuation, the calculat
• Davis v. State
  313 So. 3d 835· Fla. 2d DCA· 2021-01-15 ·cited 4×·via Abuse Of Discretion In Denying Continuance
  The appellate court reversed a conviction for delivery of marijuana to a minor, finding the trial court abused its discretion by denying a continuance when the State added a new charge on the first day of trial. The court affirmed a conviction for battery, finding the prosecutor'
• Janiel Rodriguez v. Falcones
  314 So. 3d 469· Fla. 3d DCA· 2020-12-02 ·cited 4×·via Gross Abuse Of Discretion
  A trial court abuses its discretion in vacating a default final judgment under rule 1.540(b) when the moving party presents only general assertions without specific facts supporting the required elements of excusable neglect, due diligence, and meritorious defense, and the court
• Kendria Walker v. Tayla Harley-Anderson
  301 So. 3d 299· Fla. 4th DCA· 2020-09-09 ·cited 4×
  In this appeal of a final injunction for protection against stalking, the court reversed the trial court's judgment because the text messages constituting the sole evidence of stalking were not properly authenticated. The appellant objected to the admission of text messages based
• United States v. Cometa
  966 F.3d 1285· 11th Cir.· 2020-08-03 ·cited 4×
  The court held that the district court did not abuse its discretion by not holding additional competency hearings because the expert opinion of competency and the defendant's continued understanding of proceedings and ability to consult counsel established no bona fide doubt abou
• Geovani Johnson v. State
  45 Fla. L. Weekly S161· Fla. 4th DCA· 2020-07-15 ·cited 4×
  A party opposing a peremptory strike must make a specific objection to the proponent's proffered race-neutral reason for the strike, if contested, to preserve any claim of error regarding the trial court's acceptance of that reason.
• Cremilde Grilo Nobre Giles v. Giles
  298 So. 3d 1277· Fla. 2d DCA· 2020-07-10 ·cited 4×
  The appellate court reversed in part a final judgment of dissolution of marriage, finding that the trial court erred in its determinations regarding alimony, equitable distribution, and child support. The court found insufficient evidence to support the alimony awards and the val
• Milanes v. State
  296 So. 3d 933· Fla. 4th DCA· 2020-06-03 ·cited 4×
  Rashad Milanes appeals the revocation of his probation and imposition of concurrent fifteen-year prison sentences for a curfew violation. The appellate court reversed, finding the trial court committed fundamental error by relying on facts not supported by the record and impermis
• Mapei Corp. & Se. Printing Co., Inc. v. J.M. Field Mktg., Inc.
  295 So. 3d 1193· Fla. 4th DCA· 2020-05-13 ·cited 4×
  JM Field Marketing sued Mapei Corporation and Southeastern Printing Company for misappropriating its proprietary All In View (AIV) software system in violation of trade secret law and a confidentiality agreement. The circuit court granted a temporary injunction preventing further
• Peret v. State
  301 So. 3d 437· Fla. 2d DCA· 2020-05-01 ·cited 4×
  The appellate court reversed a reckless driving conviction because the trial court improperly excluded evidence of the victim's bias. The court held that the defendant should have been allowed to question the victim about her motive to lie, stemming from a prior eviction by the d
• Bullington v. State
  311 So. 3d 102· Fla. 2d DCA· 2020-05-01 ·cited 4×·via Abuse Of Discretion Standard For Evidentiary Rulings
  Eric Alan Bullington was convicted of multiple sexual offenses against his minor daughter. On appeal, he challenged the trial court's erroneous admission of the victim's prior consistent statements to detectives as hearsay inadmissible under Florida law, but the appellate court f
• Gavidia v. Wells Fargo Bank
  301 So. 3d 413· Fla. 2d DCA· 2020-04-24 ·cited 4×
  The appellate court reversed an order denying a motion to vacate a foreclosure sale. The court found the trial court applied the wrong legal standard by focusing on irregularities of the sale itself, rather than considering equitable grounds for vacating the sale, such as a loan
• Avael v. Sarina Sechrist
  305 So. 3d 593· Fla. 3d DCA· 2020-04-22 ·cited 4×
  The appellate court affirmed the trial court's denial of a motion to vacate a final judgment enforcing a settlement agreement. The appellant had signed the agreement, which included a waiver of service, and later sought to vacate the judgment entered against him, arguing he was n
• L.C. v. Dep't of Child. & Families
  315 So. 3d 66· Fla. 3d DCA· 2020-04-15 ·cited 4×
  The appellate court reversed a lower court's order requiring a mother to undergo a substance abuse evaluation, finding that good cause was not established. The court emphasized that unsubstantiated allegations in a petition are insufficient to compel such an evaluation, especiall
• Ralston E. Macdonnell and Charlene ANN Latimer-Macdonnell v. US Bank Nat'l Assoc. as Legal Title Tr. for Truman 2013 Sc4 Title Tr.
  293 So. 3d 585· Fla. 2d DCA· 2020-04-01 ·cited 4×
  The appellate court affirmed a lower court's denial of a motion to set aside a foreclosure judgment but reversed and remanded regarding unliquidated damages. The court held that while the MacDonnells were not entitled to set aside the judgment due to lack of notice on unliquidate
• JEB Bachman v. Oliveros
  293 So. 3d 555· Fla. 5th DCA· 2020-03-19 ·cited 4×
  Plaintiff Jeb Bachman appealed the denial of his motion for a new trial in a personal injury motor vehicle collision case where a jury returned a defense verdict for defendants despite defendants' concession of fault. The court affirmed, finding no abuse of discretion because con
• Diaz v. Genoveva Diaz
  300 So. 3d 767· Fla. 3d DCA· 2020-03-18 ·cited 4×
  The appellate court affirmed the dissolution of marriage but reversed the equitable distribution plan. The trial court failed to make required statutory findings and improperly relied on the abolished concept of "special equity" to justify an unequal division of marital assets.
• Sager v. Sager
  291 So. 3d 965· Fla. 4th DCA· 2020-03-11 ·cited 4×
  A trial court's unequal distribution of marital assets must be supported by specific factual findings that identify and value all assets and clearly articulate the apportionment percentages. A requirement that an obligor secure life insurance must be supported by specific evident
• Valenty v. Saraiva
  292 So. 3d 50· Fla. 2d DCA· 2020-03-11 ·cited 4×
  The appellate court reversed a trial court's order granting a new trial. The trial court had found the jury's verdict for the defendant to be against the manifest weight of the evidence, believing the defendant's fault was undisputed. The appellate court found this reasoning unsu
• Hobbs v. Hobbs
  290 So. 3d 1092· Fla. 1st DCA· 2020-02-27 ·cited 4×
  A party moving to dissolve a domestic violence injunction must demonstrate that the circumstances underlying the injunction no longer exist so that continuation would serve no valid purpose, and the court must find that the victim no longer reasonably maintains a continuing fear
• Gyptec v. Hakim-Daccach
  299 So. 3d 481· Fla. 3d DCA· 2020-02-26 ·cited 4×
  The appellate court affirmed a trial court's order for a mandatory injunction. The injunction required appellants to return $19.5 million to an escrow account and prohibited further transfers, pending a determination of the appellee's ownership interest in the funds.
• Radler v. State
  290 So. 3d 87· Fla. 4th DCA· 2020-02-12 ·cited 4×
  The trial court erred in refusing to give a jury instruction on justifiable use of non-deadly force where defendant's testimony that the victim approached him in a threatening manner and took a squaring-off stance provided sufficient evidence to support the instruction under the
• Javon Markel Franklin v. State
  286 So. 3d 962· Fla. 1st DCA· 2020-01-08 ·cited 4×
  The appellate court affirmed a conviction for possession of a firearm by a convicted felon. The court found that a photograph of the firearm, though placed on a seat rather than found underneath, was admissible and that the trial court properly considered the weight of the eviden
• City of Miami v. Kho
  290 So. 3d 942· Fla. 3d DCA· 2019-10-16 ·cited 4×
  The appellate court reversed a judgment for a plaintiff in a negligence case, finding that the trial court improperly admitted an unauthenticated Google Maps photograph. This photograph was crucial for proving the defendant city had constructive knowledge of a dangerous sidewalk
• United States v. Pearson
  940 F.3d 1210· 11th Cir.· 2019-10-15 ·cited 4×
  The Eleventh Circuit held that the District Court lacked jurisdiction over a new § 2255 challenge because the defendant did not obtain permission to file it. The court also held that the defendant failed to show his resentenced term was substantively unreasonable.
• Aparicio v. Deutsche Bank Nat'l Tr. Co.
  278 So. 3d 814· Fla. 3d DCA· 2019-08-21 ·cited 4×
  The appellate court affirmed the trial court's denial of a motion to set aside a judicial foreclosure sale. The borrowers argued the sale should be undone because the underlying summary judgment was improperly entered, but the court found they failed to present adequate equitable
• C.C. v. State
  2017 WL 2983990· Fla. 4th DCA· 2019-06-19 ·cited 4×
  A trial court may not deviate from a DJJ commitment recommendation without satisfying E.A.R.'s two-pronged analysis: articulating understanding of opposing restrictiveness levels and providing new information regarding programmatic needs and public safety risks that DJJ overlooke
• Dalia A. Dippolito v. State
  275 So. 3d 653· Fla. 4th DCA· 2019-06-05 ·cited 4×·via Abuse Of Discretion Standard For Evidentiary Rulings
  Dalia Dippolito appeals her third conviction for solicitation to commit first-degree murder of her husband, raising challenges to the admission of uncharged crimes evidence, the denial of an objective entrapment instruction, and the use of bad acts evidence. The Fourth District C
• Hull v. Autumn Sexton Hull
  273 So. 3d 1135· Fla. 5th DCA· 2019-05-31 ·cited 4×
  A trial court lacks authority under section 61.13001 to modify a previously agreed-upon time-sharing schedule when a parent's relocation petition is denied, even if the parent subsequently relocates without court permission. The statute provides for time-sharing modification only
• Boggess v. State
  269 So. 3d 616· Fla. 4th DCA· 2019-04-10 ·cited 4×
  The trial court properly excluded two prior consistent statements made well after the shooting (a letter and statement to his son) where defendant referred to the shooting as an accident, as they were not temporally tied to the specific charge of recent fabrication based on defen
• Brewer v. Fla. Dep't of Health
  268 So. 3d 871· Fla. 1st DCA· 2019-03-28 ·cited 4×
  An administrative agency abuses its discretion when it deviates from its own disciplinary guidelines without presenting clear and convincing evidence of aggravating circumstances to support the departure. The Board's conclusory statements about the offense being egregious and ser
• Vasallo Tome v. Herrera-Zenil
  273 So. 3d 140· Fla. 3d DCA· 2019-02-20 ·cited 4×
  A trial court abuses its discretion in denying a forum non conveniens motion under Florida Rule of Civil Procedure 1.061 when its written order lacks meaningful analysis of the Kinney factors and the hearing transcript does not demonstrate adequate consideration of those factors.
• Walker v. State
  263 So. 3d 252· Fla. 5th DCA· 2019-01-25 ·cited 4×
  When a defendant establishes good cause, Florida Rule of Criminal Procedure 3.170(f) entitles the defendant to withdraw a pre-sentence plea.
• Noack v. State
  260 So. 3d 1172· Fla. 1st DCA· 2018-12-27 ·cited 4×
  A defendant's pre-trial waiver of Rule 3.191 speedy trial time limits continues to apply after appellate reversal and remand for retrial, unless the defendant moved for discharge before the first trial. Alternatively, a defendant may revoke a pre-trial waiver by filing a demand f
• Bank of Am. v. Atkin
  271 So. 3d 145· Fla. 3d DCA· 2018-12-14 ·cited 4×
  # Legal Brief: Bank of America v. Atkin The Third District Court of Appeal referred attorney Bruce Jacobs and his law firm to the Florida Bar for violations of Rule 4-8.2(a) of the Rules Regulating the Florida Bar, finding reasonable basis that they recklessly made false stateme
• Araj v. Renfro
  260 So. 3d 1121· Fla. 5th DCA· 2018-11-30 ·cited 4×·via Abuse Of Discretion Standard For Jury Instructions
  The trial court abused its discretion by refusing to give a jury instruction on the statutory prohibition against operating vehicles incompatible with safe traffic movement on limited-access facilities, where the instruction stated correct law, was supported by evidence, and addr
• Charles v. State
  204 So. 3d 1257· Fla. 3d DCA· 2018-11-07 ·cited 4×
  The trial court did not abuse its discretion in denying the motion for mistrial because Charles failed to preserve the integrity-attack argument by raising a different legal basis (speaking arguments) at trial, and alternatively, any error was harmless given overwhelming evidence
• Ryan v. Ryan
  257 So. 3d 1168· Fla. 3d DCA· 2018-10-31 ·cited 4×
  A trial court may restrict or deny parental timesharing to protect the child's welfare when there is competent substantial evidence of a parent's substance abuse and violations of prior agreed orders. A court order imposing substance abuse evaluation, treatment, and monitoring ex
• Nashwa Holt v. Eric v. Holt
  257 So. 3d 1155· Fla. 1st DCA· 2018-10-31 ·cited 4×
  Former wife Nashwa Holt appeals a trial court order that granted former husband Eric Holt relief from a 2010 order vacating their 2010 final judgment of dissolution, which the trial court found was procured through former wife's forgery of his signature. The court held that while