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

• Phinney v. Phinney
  427 So. 3d 1041· Fla. 3d DCA· 2025-01-15 ·cited 2×
  A lawyer who is a necessary witness may be disqualified under Florida Bar Rule 4-3.7 only from acting as an advocate at trial, not from pretrial and posttrial proceedings. The trial court abused its discretion by disqualifying counsel without limiting the order to trial advocacy.
• Panaro v. State
  398 So. 3d 1115· Fla. 2d DCA· 2024-12-13 ·cited 2×·via Abuse Of Discretion Standard For Evidentiary Rulings
  Expert testimony regarding a defendant's reconstructed blood-alcohol level calculated using the Widmark formula is relevant and admissible in a DUI prosecution based on impairment of normal faculties, as it tends to establish whether the defendant consumed enough alcohol to cause
• Geico Gen. Ins. Co. v. Tsao
  397 So. 3d 1186· Fla. 5th DCA· 2024-12-06 ·cited 2×
  A trial court commits reversible error by identifying a tortfeasor as "uninsured" and the insurance carrier as an "uninsured motorist carrier" when the facts establish the tortfeasor is "underinsured" with inadequate coverage limits. Florida law requires juries to be made aware o
• Pulles v. Onorato
  399 So. 3d 1200· Fla. 3d DCA· 2024-12-04 ·cited 2×
  A trial court does not abuse its discretion in denying a late-filed demand for jury trial when the moving party fails to demonstrate that granting the demand would impose neither injustice upon the adversary nor unreasonable inconvenience upon the court. Here, the trial court pro
• Rasmussen v. State
  396 So. 3d 889· Fla. 1st DCA· 2024-11-20 ·cited 2×
  Michael George Rasmussen appeals his conviction for sexual battery, challenging the trial court's denial of his motion to continue trial. The Florida District Court of Appeal affirmed the conviction, holding that the trial court properly considered the relevant McKay factors when
• Creative Hardscapes, LLC v. Prawdzik
  397 So. 3d 163· Fla. 6th DCA· 2024-11-08 ·cited 2×·via Abuse Of Discretion Standard For Fee Awards
  An involuntary dismissal that does not expressly state "without prejudice" operates as an adjudication on the merits under Florida Rule of Civil Procedure 1.420(b), thereby entitling a defendant who served a proposal for settlement to attorney's fees under section 768.79.
• United States v. Hayden
  119 F.4th 832· 11th Cir.· 2024-10-03 ·cited 2×
  A within-guideline sentence is substantively reasonable, and a district court does not err by imposing standard conditions of supervised release without orally describing each, provided the defendant had notice and opportunity to object.
• Schmitz v. Schmitz
  401 So. 3d 416· Fla. 3d DCA· 2024-09-11 ·cited 2×
  This appeal arises from a decades-long dispute involving allegations of fraud, abuse, and self-dealing by John Schmitz and his wife Lucila in their management of a closely-held real estate corporation. The trial court found John liable on multiple claims for breach of contract, b
• Bellegarde v. Bellegarde
  392 So. 3d 152· Fla. 4th DCA· 2024-08-07 ·cited 2×
  A trial court abuses its discretion in valuing marital property at the date of trial rather than the date of separation when the former wife solely funded all expenses and the former husband made no financial contributions, absent specific written findings justifying the later va
• Destiny Syamne Dowers v. Johnson
  392 So. 3d 140· Fla. 4th DCA· 2024-07-31 ·cited 2×
  Internal inconsistencies between a final judgment and an incorporated parenting plan that are pervasive or significant constitute an abuse of discretion and warrant reversal and remand for clarification. The trial court must also consider newly available evidence regarding the ch
• Rauniel Quintero v. State
  394 So. 3d 228· Fla. 3d DCA· 2024-07-31 ·cited 2×
  A restitution award imposed following a negotiated plea is reviewed for abuse of discretion and must be supported by competent, substantial evidence; where a plea agreement leaves restitution to the trial court's discretion, reversal is not warranted absent a clear showing of abu
• Oliver v. State
  397 So. 3d 104· Fla. 2d DCA· 2024-07-31 ·cited 2×
  The trial court did not abuse its discretion in admitting child hearsay statements from unrecorded interviews where the victim testified at trial, the interviewers used open-ended nonleading questions, and the trial court found sufficient safeguards of reliability under the Towns
• McCullough v. The City of Montgomery
  108 F.4th 1334· 11th Cir.· 2024-07-26 ·cited 2×
  Montgomery residents challenged the City's practice of jailing traffic offenders who failed to pay fines, bringing two consolidated class actions alleging that the fine-to-jail conversion process violated the Fourteenth Amendment and Alabama state law. The Eleventh Circuit affirm
• Kandyce McPherson v. Killyah Samuel
  392 So. 3d 565· Fla. 4th DCA· 2024-07-24 ·cited 2×
  A trial court abuses its discretion by denying a motion to continue a permanent injunction hearing when the movant had preplanned international travel, received only eight days' notice, filed the continuance motion promptly, and the opposing party would not be prejudiced by the d
• United States v. Steiger
  107 F.4th 1315· 11th Cir.· 2024-07-22 ·cited 2×
  The court affirmed the defendant's sentence of 20 years imprisonment following the revocation of his probation, finding it procedurally and substantively reasonable.
• Realeza Motors, Inc. v. Norviel Alvarez
  394 So. 3d 722· Fla. 3d DCA· 2024-06-26 ·cited 2×
  A trial court does not abuse its discretion in denying a motion to vacate a default judgment when the defendant received notice of the proceedings, responded to the complaint, and the default resulted from the defendant's affirmative failure to provide a proper address and misund
• Rosales-Mendez v. U.S. Attorney General
  104 F.4th 1271· 11th Cir.· 2024-06-20 ·cited 2×
  The court held that an alien who provides an erroneous address and fails to correct it forfeits their right to notice of removal proceedings, excusing the government from providing such notice.
• Lane v. Samaria R. Fuller
  387 So. 3d 462· Fla. 5th DCA· 2024-06-07 ·cited 2×
  A relocation petition must strictly comply with statutory requirements, including attachment of a written job offer and inclusion of a proposed timesharing schedule; a trial court cannot modify a parenting plan based on a ground that contradicts its own factual findings, and cann
• Bryant v. State
  389 So. 3d 740· Fla. 3d DCA· 2024-05-22 ·cited 2×
  Frederick Bryant appeals the trial court's revocation of his probation based on alleged violations. The Florida District Court of Appeal, Third District, reversed the revocation order, finding that the trial court relied solely on inadmissible hearsay evidence to support the most
• Sharnika Lashay Moore-Bryant v. State
  386 So. 3d 567· Fla. 4th DCA· 2024-05-15 ·cited 2×
  A detective's testimony that markings on a victim's body appeared consistent with an iron found at the crime scene was admissible as lay observation based on the detective's personal observation of both the victim's body and the iron, and fell within the permissible range of lay
• Lamberth v. Fountains of Millenia IV, LLP
  2024 WL 578122· M.D. Fla.· 2024-04-08 ·cited 2×
  A motion for a stay pending appeal must first be filed in the bankruptcy court unless doing so is impracticable, and the movant must provide supporting affidavits and record excerpts.
• Fantauzzi v. DAY
  385 So. 3d 1098· Fla. 2d DCA· 2024-04-03 ·cited 2×
  Attorney Fantauzzi appeals the trial court's denial of his motion for relief from a judgment awarding attorney's fees under Florida Statute § 57.105. The court reversed, holding that the fee judgment against Fantauzzi is void because he was denied due process—he received no notic
• Vanderhoof v. Armstrong
  383 So. 3d 868· Fla. 5th DCA· 2024-03-22 ·cited 2×
  Father appeals the trial court's grant of Mother's expedited temporary petition to relocate with their three children to Cape Canaveral. The Fifth District Court of Appeal reversed, holding that Mother failed to meet her burden of proving relocation was in the children's best int
• Strybuc Replacement Hardware, LLC v. Window Parts Warehouse, Inc.
  Fla. 3d DCA· 2024-02-21 ·cited 2×
  A trial judge's sua sponte interference with witness impeachment does not constitute reversible error when reviewed under the abuse of discretion standard.
• Mishelle Addys Perdomo Vindel v. Stewart
  388 So. 3d 228· Fla. 3d DCA· 2024-02-07 ·cited 2×·via Abuse Of Discretion Standard For Evidentiary Rulings
  The trial court erred in admitting Honduran bank records without proper authentication under section 90.902(11), Florida Statutes, because the certification came from an international representative office rather than the actual records custodian located in Honduras, and the lett
• Mowder v. Smith
  390 So. 3d 106· Fla. 3d DCA· 2024-02-07 ·cited 2×
  An oral agreement to convey real property is enforceable through specific performance when the doctrine of part performance applies, requiring proof of possession, payment of consideration, and valuable improvements made to the property. The doctrine of part performance removes a
• J.A.R. v. State
  374 So. 3d 25· Fla. 4th DCA· 2023-11-08 ·cited 2×
  Expert testimony regarding ShotSpotter gunshot detection technology is admissible under Daubert and Florida Statute § 90.702 when the expert demonstrates the technology is based on tested and peer-reviewed principles, has an established accuracy rate, and properly applies those p
• Disc. Tire Co. v. Bradford
  373 So. 3d 399· Fla. 5th DCA· 2023-11-03 ·cited 2×
  A defendant's internal policies and procedures do not, by themselves, create a legal duty or establish the standard of care in a negligence action; evidence of policy violations may be relevant to standard of care but cannot conclusively establish it. The trial court erred in gra
• PRN Real Est. & Invs., Ltd. v. Cole
  85 F.4th 1324· 11th Cir.· 2023-11-02 ·cited 2×
  William W. Cole, Jr. filed for Chapter 7 bankruptcy, and creditor PRN Real Estate & Investments sought to deny or limit his discharge based on alleged fraudulent transfers and false statements in his bankruptcy filings. The Eleventh Circuit Court of Appeals affirmed the bankruptc
• Alarcon v. Dagen
  389 So. 3d 611· Fla. 3d DCA· 2023-11-01 ·cited 2×
  An award of attorney's fees in a timesharing dispute must be based on consideration of both parties' financial resources and ability to pay, and cannot be sustained solely on the basis of one party's allegedly improper litigation conduct when the evidence shows the fee-seeking pa
• Synergy Contracting Grp., Inc. v. Homeowners Choice Prop. & Cas. Ins. Co., Inc.
  376 So. 3d 769· Fla. 2d DCA· 2023-09-27 ·cited 2×
  The appellate court reversed a trial court's dismissal of a contractor's fraud claim against an insurance company. The court found that while there were inconsistencies in the contractor's submissions and testimony, they did not rise to the stringent "fraud on the court" standard
• Fision Corp. v. Frueh
  369 So. 3d 1211· Fla. 2d DCA· 2023-08-23 ·cited 2×
  Fision Corporation appealed a summary judgment granted to Maria Frueh in a derivative action concerning an unpaid loan. The appellate court affirmed, holding that the promissory note required repayment in cash and Fision's attempt to introduce a new theory of repayment via stock
• Orfanos v. 45 Ocean Condo. Ass'n, Inc.
  368 So. 3d 995· Fla. 4th DCA· 2023-08-02 ·cited 2×
  The appellate court affirmed a summary judgment of foreclosure but reversed the portion awarding unpled special assessments. The court held that a party cannot be awarded relief not sought in the pleadings, even if a default was entered.
• Tucker v. Tucker
  375 So. 3d 323· Fla. 5th DCA· 2023-07-07 ·cited 2×
  The trial court properly awarded sole parental responsibility to Former Wife and limited Former Husband to supervised visitation based on substantial evidence of his alcohol use disorder, intermittent explosive disorder, and abusive conduct, but exceeded its authority by imposing
• Casiano v. Casiano
  370 So. 3d 991· Fla. 5th DCA· 2023-07-07 ·cited 2×
  Under Florida Statute § 64.081, every party to a partition action has both a right and responsibility to share in the attorney's fees of all counsel whose work benefits the partition, apportioned by equitable principles, but the trial court's discretionary apportionment decision
• Miller v. Gordon
  365 So. 3d 1247· Fla. 1st DCA· 2023-07-05 ·cited 2×
  This case concerns an unwed father's appeal of a temporary parenting plan. The appellate court affirmed the lower court's decision, holding that trial judges have broad discretion in issuing temporary orders in child custody matters and are not strictly bound by the same factors
• AM Grand Court Lakes LLC v. Rockhill Ins. Co.
  68 F.4th 1354· 11th Cir.· 2023-06-05 ·cited 2×
  The Eleventh Circuit affirmed the district court's denial of a new trial, holding that the jury's damages award was not excessive and was supported by the evidence presented at trial.
• Cullin Smith v. Lyles
  364 So. 3d 1123· Fla. 6th DCA· 2023-05-26 ·cited 2×
  The appellate court reversed a trial court's order granting a new trial, finding that the trial court abused its discretion. The appellate court determined that the bases for the new trial order—improper testimony by the defendant, a violation of a motion in limine by the defenda
• Fleming v. State
  366 So. 3d 1179· Fla. 1st DCA· 2023-05-24 ·cited 2×
  The appellate court affirmed a conviction, holding that the trial court did not abuse its discretion in denying challenges for cause against two prospective jurors. The court found that while the jurors expressed personal beliefs about testifying, they ultimately affirmed they co
• In re the Name Change of Y.M.X.
  360 So. 3d 421· Fla. 4th DCA· 2023-05-03 ·cited 2×
  The appellate court reviewed a trial court's denial of a petition to change a minor's first name and a subsequent denial of a motion for rehearing. The court affirmed the initial denial because the petition lacked sufficient evidence of the child's best interests, but reversed th
• United States v. Breshawn Hamilton
  66 F.4th 1267· 11th Cir.· 2023-05-02 ·cited 2×
  The Eleventh Circuit affirmed the district court's sentence, holding that any error in applying a sentencing enhancement was harmless and that the district court adequately explained its sentence, including the term of supervised release.
• Zoberg v. HU
  359 So. 3d 860· Fla. 3d DCA· 2023-04-19 ·cited 2×
  The trial court did not abuse its discretion in denying defendants' motion to transfer venue for improper venue and forum non conveniens, as defendants failed to present competent, substantial evidence of substantial inconvenience or undue expense.
• Faison v. State
  358 So. 3d 1274· Fla. 1st DCA· 2023-04-12 ·cited 2×
  The appellate court reversed the revocation of a defendant's probation, finding that the trial court's determination of willful violation was not supported by competent, substantial evidence. The defendant's failure to undergo a mental health evaluation was due to his inability t
• United States v. Williams
  63 F.4th 908· 11th Cir.· 2023-03-23 ·cited 2×
  The First Step Act grants district courts discretion to deny sentence reduction motions, and a district court's denial is not a per se abuse of discretion, even if the sentence exceeds statutory maximums after subsequent legislative changes.
• Domino v. Dixon
  358 So. 3d 29· Fla. 4th DCA· 2023-03-08 ·cited 2×
  The appellate court affirmed a judgment for appellees on the main claims and a counterclaim for unpaid commissions, but reversed a judgment on a third-party complaint for apartment expenses. The court found the third-party complaint was improperly allowed as it did not comply wit
• Rhoades v. Lilmissette Rodriguez
  359 So. 3d 359· Fla. 5th DCA· 2023-02-03 ·cited 2×
  The trial court did not abuse its discretion in ordering a new trial after the defendant rejected an additur, as the abuse of discretion standard is highly deferential when a trial court grants a new trial on grounds that the jury verdict was contrary to the manifest weight of ev
• Fed. Trade Comm'n v. Dorfman
  58 F.4th 1322· 11th Cir.· 2023-01-27 ·cited 2×
  The Eleventh Circuit affirmed the denial of the motion to dissolve the preliminary injunction, holding that the FTC could rely on § 19 of the FTC Act for asset freezes and receiverships, even after the Supreme Court limited § 13(b).
• United States v. King
  57 F.4th 1334· 11th Cir.· 2023-01-23 ·cited 2×
  The Eleventh Circuit affirmed the 36-month prison sentence imposed upon revocation of supervised release, finding it substantively reasonable.
• Gonzalez v. Millin A. Nobregas
  357 So. 3d 193· Fla. 3d DCA· 2023-01-18 ·cited 2×
  The appellate court affirmed the trial court's denial of attorney's fees and costs under the Florida Deceptive and Unfair Trade Practices Act (FDUTPA) and a proposal for settlement. However, it reversed the denial of costs under a separate statute, finding them mandatory when a d
• Affenita v. Storfer
  355 So. 3d 440· Fla. 4th DCA· 2023-01-18 ·cited 2×