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

• Blackburn v. Jackson
  74 So. 2d 80· Fla.· 1954-07-30 ·cited 4×
  The Florida Supreme Court held that a circuit court lacks jurisdiction to grant bail to a parolee held under a parole violation warrant issued by the Parole Commission, absent a showing that the Commission abused its discretion. The decision clarifies the exclusive authority of t
• In re Solar MFG. Corp.
  206 F.2d 780· 3d Cir.· 1953-09-09 ·cited 4×
  The court held that the district court's fee awards must be vacated and remanded because the record lacked findings on which party's services, if any, were responsible for the increased sale price.
• In re Lustron Corp. Reconstr. Fin. Corp. v. Gesas
  196 F.2d 975· 7th Cir.· 1952-05-27 ·cited 4×
  The court held that the fees awarded to attorneys for petitioning creditors, special counsel, and the bankrupt were compensable under the Bankruptcy Act and not excessive, and that there was no undue duplication of services.
• In re McGANN MFG. Co., Inc.
  190 F.2d 845· 3d Cir.· 1951-07-30 ·cited 4×
  The court held that while lease approvals were within the district court's discretion, payments on account should be applied as the mortgagee creditor elects, not necessarily to principal. It also directed the district court to set a deadline for filing a reorganization plan.
• Johnston v. Jones
  178 F.2d 481· 3d Cir.· 1949-12-21 ·cited 4×
  The court held that the trial court did not abuse its discretion in denying the plaintiffs' motions for judgment on liability and for a continuance.
• United States v. YOU
  159 F.2d 688· 2d Cir.· 1947-02-06 ·cited 4×
  The court held that there was sufficient evidence to support the revocation of probation, as the probationer's association with a known drug addict and presence in undesirable locations constituted a violation of probation terms.
• Porter v. LUX
  157 F.2d 756· 9th Cir.· 1946-10-11 ·cited 4×
  The court held that the district court did not abuse its discretion by limiting the injunction's duration, as appellate courts will not interfere with such discretion unless plainly abused.
• Couchois v. United States
  142 F.2d 1· 5th Cir.· 1944-04-22 ·cited 4×
  The court held that the denial of a continuance was not an abuse of discretion and did not deny the defendant a fair trial.
• Kimm v. Brecke
  130 F.2d 687· 8th Cir.· 1942-09-08 ·cited 4×
  The court held that the $2,000 fee allowance to the trustee's counsel was not clearly excessive and therefore affirmed the lower court's order.
• Stewart v. Hunter
  65 Fla. 325· Fla.· 1913-03-18 ·cited 4×·via Abuse Of Discretion Standard On Appeal
  In a partition suit, the trial court refused to confirm a sale of lands to J.T. Stewart for $600 and ordered a re-sale, which resulted in Stewart purchasing the same lands for $1,055. Stewart appealed the refusal to confirm the first sale and denial of his petition for rehearing.
• Jolly Trolley Constr., LLC v. Concepcion Galano
  Fla. 3d DCA· 2026-05-13 ·cited 3×·via Gross Abuse Of Discretion
  An order granting a motion to vacate a default final judgment is reviewed for gross abuse of discretion and will be affirmed absent such abuse.
• Elio Mencia v. Feder
  Fla. 3d DCA· 2026-04-08 ·cited 3×
  A trial court does not abuse its discretion in awarding attorney's fees and costs when the trial court has properly exercised its discretion to evaluate witness qualifications and testimony.
• Crecelius v. Rizzitano
  2026 WL 555031· Fla. 6th DCA· 2026-02-27 ·cited 3×
  The Florida Sixth District Court of Appeal holds that trial courts may strictly enforce case management deadlines for expert witness disclosure without first finding prejudice to the opposing party, rejecting sister courts' interpretation of Binger v. King Pest Control as requiri
• United States v. Arturs Spila
  136 F.4th 1296· 11th Cir.· 2025-05-13 ·cited 3×
  Sufficient evidence supported the conviction for conspiracy to commit money laundering, and the court found no reversible error in evidentiary rulings or prosecutorial conduct.
• Moncada v. Best One Ins., Inc.
  Fla. 3d DCA· 2025-02-26 ·cited 3×
  A trial court's award of attorney's fees is reviewed for abuse of discretion and will not be disturbed absent a clear showing of abuse.
• Magana v. Flormaria Roque MacHado
  406 So. 3d 317· Fla. 3d DCA· 2025-02-19 ·cited 3×
  A trial court's award of durational alimony and equitable distribution must be affirmed where the appealing party fails to provide a trial transcript and therefore cannot establish the trial court abused its discretion.
• 940 Ocean Drive, LLC v. Sobe USA, LLC
  403 So. 3d 1048· Fla. 3d DCA· 2025-01-29 ·cited 3×
  The trial court properly sanctioned the landlord by striking its pleadings for fraud on the court based on clear and convincing evidence that the landlord hired a private investigator to make false noise complaints to Code Enforcement and failed to disclose this scheme during dis
• Grant v. Kunke Pr
  397 So. 3d 758· Fla. 2d DCA· 2024-11-13 ·cited 3×
  In this probate appeal, Jennifer and Geoffrey Grant challenged the trial court's determination that they were not reasonably ascertainable creditors of Elizabeth Kunke's estate entitled to notice of administration. The court affirmed the ruling regarding Jennifer's claim but reve
• Nat'l Loan Acquisitions Co. v. Tabernacle Christian Ctr. Ministries, Inc.
  402 So. 3d 1028· Fla. 4th DCA· 2024-11-13 ·cited 3×·via Abuse Of Discretion Standard For Sanctions
  A trial court's final judgment is void when it grants relief based on issues not raised in the motion or tried by consent, thereby violating a party's due process right to notice and an opportunity to be heard. A trial court violates due process when it adopts a party's proposed
• JSO Servs., LLC v. Trujillo
  364 So. 3d 1078· Fla. 3d DCA· 2024-10-30 ·cited 3×
  Imperial Paving, LLC and related defendants appealed the trial court's denial of their motions to dismiss for improper venue or forum non conveniens and to transfer venue. The Third District Court of Appeal affirmed the trial court's decision, holding that the defendants failed t
• United States v. Cenephat
  115 F.4th 1359· 11th Cir.· 2024-09-23 ·cited 3×·via Abuse Of Discretion Standard For Evidentiary Rulings
  The Eleventh Circuit affirmed the conviction and sentence, holding that the district court did not err in admitting evidence of a drive-by shooting and prior convictions, nor in applying sentencing enhancements for attempted murder and reckless flight.
• Ofer v. Roher
  156 B.R. 343· S.D. Fla.· 2024-09-12 ·cited 3×
  The district court denied the motion for leave to appeal interlocutory bankruptcy orders because they were nonfinal and did not present a controlling question of law.
• M.H. v. Commissioner, Georgia Dept. of Community Health
  111 F.4th 1301· 11th Cir.· 2024-08-12 ·cited 3×
  The Eleventh Circuit held that Georgia's process for determining skilled nursing hours for disabled children complies with the Medicaid Act, as it sufficiently evaluates medical necessity and does not require deference to treating physicians' recommendations. The court also found
• Hoover v. Peak
  392 So. 3d 261· Fla. 1st DCA· 2024-08-07 ·cited 3×
  A permanent stalking injunction must be supported by competent, substantial evidence of repeated acts of harassment or following that would cause a reasonable person substantial emotional distress. Four incidental encounters at a school orientation, where the respondent was lawfu
• United States v. Terius Thomas
  108 F.4th 1351· 11th Cir.· 2024-07-29 ·cited 3×
  The court held that although the district court plainly erred in calculating the defendant's guidelines range, the error did not affect his substantial rights because the sentence imposed was appropriate irrespective of the guidelines and well above any possible range.
• Liansy C. Carbonell v. Glade
  394 So. 3d 679· Fla. 3d DCA· 2024-06-19 ·cited 3×
  A trial court may strike pleadings and enter default judgment for willful failure to comply with orders to retain counsel, but cannot order the forced sale of homestead property without first conducting an evidentiary hearing to determine the validity of the homestead claim, as t
• Pesce v. Morgan
  388 So. 3d 1107· Fla. 3d DCA· 2024-05-22 ·cited 3×
  The Pesces appealed the dismissal with prejudice of their adverse possession claim against their neighbor Wade Morgan. The Third District Court of Appeal affirmed the dismissal, holding that the Pesces failed to preserve their argument that the claim was viable under a prior vers
• Isaiah JOE Bean v. State
  388 So. 3d 300· Fla. 6th DCA· 2024-04-05 ·cited 3×
  Isaiah Joe Bean appeals the revocation of his probation based on multiple alleged violations. The appellate court reverses and remands, finding that the trial court improperly relied on violations not charged in the state's affidavits and on violations unsupported by competent, s
• United States v. Daniels
  97 F.4th 800· 11th Cir.· 2024-03-29 ·cited 3×
  The Eleventh Circuit affirmed the district court's evidentiary rulings, finding no abuse of discretion in excluding defense expert testimony on eyewitness identification and admitting the victim's out-of-court identification.
• Chhs Hosp. Co. LLC v. Harmon
  381 So. 3d 679· Fla. 2d DCA· 2024-03-13 ·cited 3×
  The appellate court reversed a trial court's decision to deny a hospital's motion to amend its complaint and dismiss the case. The court found that the trial court abused its discretion by not allowing the amendment, which would have changed the claim from quantum meruit to breac
• Paylan v. Statton
  376 So. 3d 822· Fla. 2d DCA· 2023-12-27 ·cited 3×
  A stalking injunction petition must be supported by at least two separate incidents of stalking forming a course of conduct with continuity of purpose, and the alleged conduct must cause substantial emotional distress in a reasonable person. Here, the trial court did not abuse it
• City of Gainesville v. Rodgers
  377 So. 3d 626· Fla. 1st DCA· 2023-11-29 ·cited 3×
  The law-of-the-case doctrine precluded the trial court from revisiting the sovereign immunity issue after this court's prior affirmance of the order denying summary judgment on that issue. The trial court abused its discretion in denying a motion for a new trial where the jury ve
• Alarcon v. Dagen
  388 So. 3d 157· Fla. 3d DCA· 2023-11-08 ·cited 3×
  A party waives the requirement that relief be limited to matters pled when the opposing party repeatedly raises unpled issues at trial and the waiving party fails to object, especially where the opposing party had multiple opportunities to present evidence on the unpled issues.
• State v. Peltier
  373 So. 3d 380· Fla. 2d DCA· 2023-10-25 ·cited 3×
  The appellate court reversed a trial court's decision to suppress child pornography evidence found on electronic devices. The court found that the search warrant affidavit provided sufficient probable cause, despite the trial court's belief that more detailed descriptions of the
• Schmidt v. Schmidt
  373 So. 3d 645· Fla. 5th DCA· 2023-10-06 ·cited 3×
  The permanent periodic alimony award of $3,000 per month was reversed as an abuse of discretion because it exceeded Former Husband's ability to pay, calculated as his net income of $6,756.18 minus reasonable monthly expenses of $5,045, leaving only $1,711.18 available for alimony
• State Farm Mut. Auto. Ins. Co. v. Advanced X-Ray Analysis, Inc.
  368 So. 3d 1049· Fla. 3d DCA· 2023-08-09 ·cited 3×
  A trial court did not abuse its discretion in striking a party's summary judgment response filed only twelve days before a continued hearing, where the response violated the 20-day pre-hearing filing requirement of Florida Rule of Civil Procedure 1.510(c)(5), and a continuance of
• Peaceful Paws Mem'l Servs. LLC v. Tarves
  368 So. 3d 503· Fla. 3d DCA· 2023-08-02 ·cited 3×
  The appellate court reversed a trial court's denial of a motion to quash service of process and vacate a default judgment. The court found that the service of a writ of garnishment on a limited liability company was improper because it did not comply with the specific statutory r
• United Auto. Ins. Co. v. G & G Med. Ctr. & Rehab Corp.
  355 So. 3d 955· Fla. 3d DCA· 2023-07-26 ·cited 3×
  A trial court does not abuse its discretion in denying a motion to preclude taxation as costs of fees for a lawyer testifying as an expert witness regarding reasonable attorney's fees, and attorney's fees for pre-suit work are not recoverable absent a finding of unreasonable cond
• Equal Emp. Opportunity Comm'n v. Eberspaecher N. Am. Inc.
  67 F.4th 1124· 11th Cir.· 2023-05-10 ·cited 3×
  The court held that the EEOC's administrative subpoena was properly limited to the specific facility named in the charge, as the charge itself did not indicate a nationwide scope.
• Loveless v. State
  312 So. 3d 172· Fla. 1st DCA· 2023-03-08 ·cited 3×
  The appellate court affirmed the denial of a postconviction motion, holding that the trial court did not abuse its discretion in denying the appointment of postconviction counsel or discovery. The court also found that the defendant failed to prove ineffective assistance of couns
• Anderson-Moody v. Wilson
  357 So. 3d 1240· Fla. 1st DCA· 2023-02-15 ·cited 3×·via Abuse Of Discretion Standard For Expert Testimony
  A life care planner's opinions regarding future medical treatments lack a proper factual basis when those treatments are not recommended by a treating physician or disclosed medical expert, even if the planner has medical credentials and examined the plaintiff. The trial court ab
• United Auto. Ins. Co. v. N. Shore Med. Ctr., Inc.
  Fla. 3d DCA· 2023-02-08 ·cited 3×·via Abuse Of Discretion Standard On Appeal
  A trial court's imposition of costs and attorney's fees after judgment is within its discretion and will not be disturbed on appeal absent clear abuse of that discretion, provided the order contains specific findings regarding hourly rate, hours expended, and any reduction or enh
• United Auto. Ins. Co. v. Manuel V. Feijoo, M.D.
  356 So. 3d 304· Fla. 3d DCA· 2023-02-08 ·cited 3×
  A trial court does not abuse its discretion in awarding expert witness fees where the challenging party litigated the case extensively, confessed entitlement months after suit was filed, and then disputed the hours claimed after agreeing to attorney's fees and costs. A prevailing
• Johnson v. State
  47 Fla. L. Weekly D1695· Fla. 1st DCA· 2022-11-30 ·cited 3×
  The trial court did not abuse its discretion in admitting a demonstrative animation of stab wounds, autopsy and crime scene photographs, and did not err in denying motions for mistrial based on prosecutorial comments.
• Cecille Lamoutte v. Agueybana Ruiz Paneque
  Fla. 3d DCA· 2022-11-23 ·cited 3×
• Khiary Dejuan Mintz v. State
  349 So. 3d 531· Fla. 3d DCA· 2022-10-26 ·cited 3×
  The appellate court affirmed a conviction for attempted second-degree murder, holding that the State's closing argument comments about a piece of identification found at the crime scene were permissible logical inferences from the evidence and did not impermissibly shift the burd
• Martinez v. Jones
  348 So. 3d 1234· Fla. 3d DCA· 2022-10-14 ·cited 3×
  Jasmine Martinez petitioned for a writ of habeas corpus challenging the trial court's denial of her pretrial bond motion following an Arthur hearing on charges of first-degree premeditated murder, attempted murder, and conspiracy to commit murder. The appellate court affirmed the
• Moshe Zuchaer v. Peninsula Condo. Ass'n Inc.
  348 So. 3d 1201· Fla. 3d DCA· 2022-09-30 ·cited 3×
  The appellate court reversed a trial court's denial of a motion for relief from judgment, finding that the appellants demonstrated excusable neglect for failing to appear at a show cause hearing. This decision emphasizes Florida's policy favoring the resolution of disputes on the
• VME Grp. Int'l, LLC v. THE Grand Condo. Ass'n, Inc.
  347 So. 3d 461· Fla. 3d DCA· 2022-08-31 ·cited 3×·via Abuse Of Discretion Standard For Continuance
  The appellate court reversed final judgments against the plaintiffs, finding the trial court abused its discretion by denying their motions for continuance. The plaintiffs' counsel experienced a medical emergency, leaving them without adequate representation at critical stages of
• Peden v. Stephens
  50 F.4th 972· 11th Cir.· 2022-08-29 ·cited 3×
  The Eleventh Circuit held that the district court abused its discretion in certifying a partial final judgment under Rule 54(b) because there was no just reason for delay, thus the court lacked jurisdiction to hear the appeal.