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

• MGA Ins. Co., Inc. v. NEW Vista Diagnostic Imaging Servs., LLC
  Fla. 3d DCA· 2023-01-11 ·cited 2×
  A defendant seeking to transfer venue must show either substantial inconvenience or undue expense, and mere listing of witnesses and their residences without demonstrating the significance of their testimony is insufficient.
• Funderburk v. Marci L. Ricenbaw F/ K/ a Marci L. Funderburk
  357 So. 3d 188· Fla. 2d DCA· 2023-01-06 ·cited 2×
  The appellate court reversed a trial court's decision that it lacked authority to modify child support obligations despite a marital settlement agreement's "absolute floor." The court held that trial courts retain jurisdiction to modify child support as equity requires, even if a
• Dearlyn Lojares v. Silva
  353 So. 3d 699· Fla. 1st DCA· 2023-01-04 ·cited 2×
  The appellate court reversed a trial court's decision that penalized a mother for moving with her children to another county before paternity was legally established. The court found the trial court erred by requiring the mother to seek permission for the move, as no legal procee
• Oracle Elevator Co. v. 8660 Bldg., LLC
  353 So. 3d 689· Fla. 3d DCA· 2023-01-04 ·cited 2×
  The appellate court affirmed the trial court's decision to strike Oracle's complaint due to fraud on the court. Oracle's actions, including submitting a fabricated contract and false testimony, were found to be an unconscionable scheme to interfere with the judicial process.
• Bain Complete Wellness, LLC v. Garrison Prop. & Cas. Ins. Co.
  356 So. 3d 866· Fla. 2d DCA· 2022-12-14 ·cited 2×
  The appellate court affirmed the award of court reporter costs but reversed the award of attorney's fees as sanctions and expert witness costs. The court found that the attorney's fees were improperly awarded because the underlying demand letter was not statutorily deficient, and
• Fuhrman v. Sara G 01, LLC
  373 So. 3d 1171· Fla. 3d DCA· 2022-12-14 ·cited 2×
  Florida appellate court affirmed the trial court's non-final order because appellant failed to provide an adequate trial transcript, preventing meaningful review of whether the trial court abused its discretion.
• VAN Sant LAW, LLC v. AIR Isaac, LLC
  353 So. 3d 106· Fla. 2d DCA· 2022-12-02 ·cited 2×
  The appellate court reversed a trial court's denial of a motion for sanctions, finding that the trial court failed to provide any factual findings or legal conclusions. This lack of explanation prevented meaningful appellate review of the denial.
• Higgins v. Higgins
  351 So. 3d 1249· Fla. 2d DCA· 2022-12-02 ·cited 2×·via Abuse Of Discretion In Denying Continuance
  The appellate court reversed a final judgment of dissolution of marriage, in part, because the trial court abused its discretion by denying the wife's motion for a continuance. The wife was unable to attend the Zoom hearing due to poor internet connection while visiting family ab
• Marlette v. Carullo
  351 So. 3d 1193· Fla. 2d DCA· 2022-11-30 ·cited 2×
  The appellate court reversed a trial court's denial of a motion to dissolve a temporary injunction. The court found the injunction was improperly granted because the moving party failed to establish the necessary elements and the order did not comply with procedural rules regardi
• Marinec v. Progressive Select Ins. Co.
  351 So. 3d 181· Fla. 2d DCA· 2022-11-18 ·cited 2×
  The appellate court reversed a trial court's order granting a new trial, finding that the trial court applied the incorrect legal standard. The trial court improperly relied on statutory remittitur factors when the remittitur motion itself was denied, instead of applying the comm
• Sharin Kaye Johnson v. Johnson
  371 So. 3d 944· Fla. 5th DCA· 2022-11-04 ·cited 2×
  The trial court erred by failing to rule on Former Wife's requests for life insurance to secure support, an income deduction order, attorney's fees based on bad faith conduct, and by providing insufficient factual findings on retroactive child support; however, the trial court di
• Siddhartha Pagidipati & 1010 Cap., Inc. v. Sanket Vyas
  353 So. 3d 1204· Fla. 2d DCA· 2022-10-28 ·cited 2×
  The appellate court reversed a lower court's decision denying a motion to disqualify a law firm. The court found that the law firm created a conflict of interest by simultaneously representing a client in a lawsuit against a company, while also acting on behalf of that same compa
• Suresh Gidwani and Bina Gidwani v. Roberts
  349 So. 3d 917· Fla. 3d DCA· 2022-10-12 ·cited 2×
  Suresh and Bina Gidwani appealed a trial court's award of attorneys' fees and costs to Sherry Roberts and Alice Randolph in a dispute over condominium parking space ownership. The appellate court affirmed the trial court's determination that the parking spaces belonged to the pla
• Duncan v. MIA Franklin
  349 So. 3d 502· Fla. 3d DCA· 2022-10-12 ·cited 2×
  A private right of way may be acquired by prescription through visible, continuous, and uninterrupted use for the statutory period (ten years under the statute of limitations) under a bona fide claim of right, and such use raises a prima facie presumption of a grant that the owne
• Joheli Cruz White v. Lee-Yuk
  354 So. 3d 563· Fla. 3d DCA· 2022-09-21 ·cited 2×
  This case addresses whether a putative father, whose paternity has not yet been legally established, has standing to object to a mother's petition to temporarily relocate with their child. The court found that under Florida statute, any person entitled to time-sharing with the ch
• Darius Mitchum v. State
  345 So. 3d 398· Fla. 1st DCA· 2022-08-17 ·cited 2×
  The appellate court affirmed a conviction for armed robbery, holding that the trial court did not err in allowing the state to call a witness primarily to impeach him with prior inconsistent statements. Even if there was error, it was harmless due to overwhelming evidence of guil
• Dragomirescu v. U.S. Attorney General
  44 F.4th 1351· 11th Cir.· 2022-08-16 ·cited 2×
  An alien who receives a notice to appear warning of the obligation to update their address and then fails to do so can be removed in absentia, even if they do not receive subsequent notices of hearing.
• Jerrell Whitten v. Clarke
  41 F.4th 1340· 11th Cir.· 2022-07-27 ·cited 2×
  The court held that the plaintiff failed to adequately plead with particularity that demand on the board was excused, as required by Delaware law and Federal Rule of Civil Procedure 23.1.
• Collier v. Collier
  343 So. 3d 183· Fla. 1st DCA· 2022-07-27 ·cited 2×·via Reasonableness Test For Abuse Of Discretion
  The appellate court affirmed a trial court's equitable distribution judgment in a dissolution case. The former wife challenged the trial court's decision to attribute the value of an irrevocable trust she funded with marital assets to her share of the marital estate.
• Rymsley Devalon v. Isiss Sutton
  344 So. 3d 30· Fla. 4th DCA· 2022-07-27 ·cited 2×
  The appellate court reversed an injunction for protection against domestic violence because the trial court erroneously failed to consider a police report. The police report contained a statement from the petitioner that omitted a key detail about the alleged assault, which could
• Joseph Spine, P. A. v. Moulton
  346 So. 3d 154· Fla. 2d DCA· 2022-06-29 ·cited 2×·via Abuse Of Discretion Standard On Appeal
  The appellate court reversed a trial court's denial of a temporary injunction, finding that the medical practice, Joseph Spine, P.A., was entitled to a presumption of irreparable harm due to a former physician's (Dr. Moulton) violation of restrictive covenants in his employment a
• Graham v. Carina Graham
  310 So. 3d 108· Fla. 5th DCA· 2022-04-22 ·cited 2×
  A trial court abuses its discretion when it includes in a payor's income for one year payments made by his law firm that were already counted as income in the prior year when earned on a cash basis.
• Peng v. Citizens Prop. Ins. Corp.
  337 So. 3d 488· Fla. 3d DCA· 2022-04-13 ·cited 2×
  Chen Peng and Xingzhi Chen appealed a summary judgment in favor of Citizens Property Insurance Corporation on their breach of contract claim for wind-related roof damage from Hurricane Irma. The trial court excluded Chen's expert engineer's testimony via a Daubert motion, finding
• Judd Shaw v. Alyson Shaw
  337 So. 3d 61· Fla. 4th DCA· 2022-04-06 ·cited 2×
  The appellate court reversed a trial court's order for temporary child support and alimony because the trial court failed to differentiate between the two. The court affirmed other aspects of the order.
• Smith v. State
  335 So. 3d 795· Fla. 2d DCA· 2022-03-25 ·cited 2×
  The appellate court reversed a lower court's denial of a mandamus petition, holding that a prior failure to pay for public records did not permanently bar a petitioner from future requests. The court clarified that while fees can be charged, a permanent ban on requests is an impe
• Reyes v. United Prop. & Cas. Ins. Co.
  47 Fla. L. Weekly D171· Fla. 3d DCA· 2022-02-23 ·cited 2×
  An appellant challenging a trial court's grant of a new trial bears a heavy burden, and mere evidence supporting the jury verdict does not demonstrate abuse of discretion.
• Faulstick v. State
  333 So. 3d 797· Fla. 5th DCA· 2022-02-10 ·cited 2×
  Faulstick appeals the revocation of his probation and sixty-month sentence for domestic battery. The court affirmed findings that he violated probation through new battery arrests and unauthorized contact with the victim, but reversed the finding regarding failure to complete a b
• Drejka v. State
  330 So. 3d 1055· Fla. 2d DCA· 2021-12-29 ·cited 2×
  Michael Drejka was convicted of manslaughter for shooting Markeis McGlockton during a dispute over a parking space. Drejka appealed, arguing various errors including the admission of "Williams Rule" evidence and the use of slow-motion video. The appellate court affirmed the convi
• Rosalyn Bronstein and Ella Bronstein v. Est. of Katherine S. Bronstein
  332 So. 3d 510· Fla. 4th DCA· 2021-12-22 ·cited 2×
  A trustee who is also a beneficiary cannot charge appellate attorney's fees to the trust when the appeal would have benefited only the trustee and not the trust or other beneficiaries, as this violates the trustee's duty of loyalty. The trustee bears the burden of proving that ex
• Sanchez v. Cnty. of Volusia
  331 So. 3d 853· Fla. 5th DCA· 2021-12-09 ·cited 2×
  Appellants Robert and Carrie Sanchez appealed a summary judgment foreclosing code enforcement liens assessed by Volusia County. The court affirmed the dismissal of their first affirmative defense but reversed and remanded the dismissal of their amended counterclaim, holding that
• Hala Lewis Harby v. Mohamed Wanis Harby
  331 So. 3d 814· Fla. 2d DCA· 2021-11-17 ·cited 2×
  The appellate court reversed and remanded decisions regarding future alimony and child support, finding the trial court's calculations were based on uncertain future events and contained mathematical errors. However, the court affirmed the trial court's decision to award the fami
• State v. Kunkemoeller
  333 So. 3d 335· Fla. 1st DCA· 2021-11-03 ·cited 2×
  The appellate court reversed a downward departure sentence imposed on Steven Kunkemoeller, finding that the trial court's justifications were either legally insufficient or unsupported by the record. The court clarified that statutory and non-statutory grounds for departure must
• Nimo Demoura v. THE Travelers Home & Marine Ins. Co.
  329 So. 3d 799· Fla. 5th DCA· 2021-10-28 ·cited 2×
  Appellant sued an insurance company for wrongfully denying payment of medical bills after a car accident. The trial court granted a directed verdict for the insurance company, but the appellate court reversed, finding reversible error when the trial court prevented Appellant from
• Friedel v. Edwards
  327 So. 3d 1242· Fla. 2d DCA· 2021-09-29 ·cited 2×
  A complaint naming a deceased defendant is not a legal nullity and does not deprive the court of subject matter jurisdiction; the plaintiff should be granted leave to amend to substitute the defendant's estate, and the amendment should relate back to the original filing date unde
• Cutuli v. Mehrdad Elie
  13 F.4th 1342· 11th Cir.· 2021-09-23 ·cited 2×
  The Eleventh Circuit affirmed the district court's decision to uphold the bankruptcy court's extension of time for service of process, finding no abuse of discretion.
• Jennings v. Fredes
  46 Fla. L. Weekly D1074· Fla. 1st DCA· 2021-09-22 ·cited 2×
  The appellate court reviewed an order amending a parenting plan. The court affirmed the denial of due process claims due to an inadequate record but reversed the trial court's prospective-based timesharing analysis and its child support calculation, remanding for recalculation.
• Cooney v. Kevan Boyles
  Fla. 4th DCA· 2021-09-08 ·cited 2×
  A mentally competent settlor may revoke a revocable trust at any time without regard to undue influence; undue influence has no application to revocable trusts. A trial court has discretion to refuse to appoint a person named as personal representative in a will, even if occupyin
• Alvarez v. Acosta
  324 So. 3d 1033· Fla. 3d DCA· 2021-09-08 ·cited 2×
  Appellant Tasha Marie Santos Alvarez appealed the trial court's denial of her motion for a new trial in a wrongful death case arising from a motor vehicle collision. The jury returned a verdict in favor of appellee Miriam Acosta, the driver whose vehicle collided with Alvarez's m
• Chiu v. Adams
  327 So. 3d 889· Fla. 5th DCA· 2021-09-02 ·cited 2×·via Abuse Of Discretion Standard For Injunctions
  The appellate court affirmed the trial court's denial of a permanent injunction against stalking. The court found that the appellant had only proven one instance of statutorily defined stalking, while two instances are required for an injunction.
• Graham v. Virgil
  324 So. 3d 12· Fla. 4th DCA· 2021-09-01 ·cited 2×
  A trial court abuses its discretion by denying a motion to transfer venue based on forum non conveniens when the incident occurred in the proposed venue, all parties and witnesses are located there, and the statutory factors favor transfer.
• Murkerson v. Murkerson
  325 So. 3d 1034· Fla. 1st DCA· 2021-08-17 ·cited 2×
  The appellate court affirmed in part and reversed in part a dissolution of marriage judgment. While the award of exclusive use of the marital home was upheld, the court reversed the alimony and attorney's fees awards due to insufficient findings and remanded for further proceedin
• Izaguirre v. Sanchez
  Fla. 3d DCA· 2021-08-11 ·cited 2×
  Father appeals from a non-final order allowing minor child to relocate to Spain to reside with Mother. The trial court granted the relocation petition after an evidentiary hearing on August 20, 2020, finding relocation in the child's best interest. The court affirmed the non-fina
• Hernandez v. Zucker
  Fla. 3d DCA· 2021-08-11 ·cited 2×
  A trial court's discretionary ruling is not an abuse of discretion if reasonable people could differ as to the propriety of the action taken.
• Adamson v. R.J. Reynolds Tobacco Co.
  325 So. 3d 887· Fla. 4th DCA· 2021-07-21 ·cited 2×
  In this Engle progeny wrongful death action, Julie Adamson, as personal representative of her mother Jacklyn Adamson's estate, appealed a jury verdict in favor of R.J. Reynolds Tobacco Company. The court affirmed the judgment, holding that the trial judge properly included an adv
• Nishita K. Patel v. Jaimin B. Patel
  324 So. 3d 1001· Fla. 1st DCA· 2021-07-19 ·cited 2×
  The appellate court reversed a trial court's order modifying a child time-sharing plan. The court found the modification was improper because the former husband did not demonstrate a substantial change in circumstances, did not initiate the proceedings with the correct legal plea
• Cordis Corp. v. Ednesome
  Fla. 3d DCA· 2021-07-14 ·cited 2×
  Cordis Corporation appealed a trial court's denial of its motion to dismiss on the grounds of forum non conveniens in a product liability suit brought by an Alabama resident alleging injuries from a defective Cordis IVC Filter. The Third District Court of Appeal affirmed the tria
• Safeco Ins. Co. of Ill. v. Fleurimond Barthelemy
  Fla. 4th DCA· 2021-07-14 ·cited 2×
  An insured sought declaratory relief for insurance coverage after the insurer denied a claim due to the insured's failure to comply with examination under oath (EUO) requirements. After the first trial resulted in a judgment for the insurer but was reversed on appeal due to incor
• Cordis Corp. v. Lister
  Fla. 3d DCA· 2021-07-14 ·cited 2×
  Cordis Corporation appealed a trial court's denial of its motion to dismiss a product liability suit on grounds of forum non conveniens. Kelly Lister, a South Carolina resident, sued Cordis, a Florida corporation, alleging that defects in Cordis's IVC Filter caused her injuries.
• State Farm Mut. Auto. Ins. Co. v. Baum Chiropractic, P.A.
  323 So. 3d 756· Fla. 4th DCA· 2021-06-30 ·cited 2×
  State Farm appealed a county court's denial of its motion to amend its answer and add affirmative defenses six days before trial in a breach of contract action brought by Baum Chiropractic Clinic. The Fourth District Court of Appeal affirmed the trial court's decision, holding th
• Locke v. Whitehead
  Fla. 4th DCA· 2021-06-23 ·cited 2×
  A contractor appeals an order vacating a default judgment against homeowners who filed an erroneous construction lien against his homestead property. The trial court vacated the judgment, finding the homeowners satisfied the requirements for relief from default. The appellate cou