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

• Treasure Co. v. United States
  169 F.2d 437· 9th Cir.· 1948-08-06 ·cited 2×
  The court held that the district court did not abuse its discretion in denying the motion to dissolve the injunction, as the injunction was properly granted to protect its in rem jurisdiction over property that became part of the condemnation proceeding.
• Buck v. Putnam
  146 F.2d 662· D.C. Cir.· 1944-12-11 ·cited 2×
  The court held that the District Judge did not abuse his discretion in approving the collector's commission and attorney's fee.
• Daffinrud v. United States
  145 F.2d 724· 7th Cir.· 1944-12-07 ·cited 2×
  The denial of a motion for a new trial is generally not reviewable on appeal unless there is a clear abuse of discretion or exceptional circumstances.
• In re Wellin. Wellin v. Wick
  132 F.2d 262· 7th Cir.· 1942-12-15 ·cited 2×
  The court held that the bankrupt failed to meet the burden of proving justification for not keeping adequate financial records, and thus the denial of discharge was not an abuse of discretion.
• S. Ass'n of Bell Tel. Emps. v. Nat'l Labor Relations Bd.
  129 F.2d 410· 5th Cir.· 1942-06-30 ·cited 2×·via Abuse Of Administrative Discretion
  The court held that the National Labor Relations Board's order to disestablish an employee association was not supported by evidence and constituted an abuse of discretion, as the employees had freely chosen the association as their representative.
• Williams v. Phiel
  66 Fla. 192· Fla.· 1913-11-11 ·cited 2×
  This case involves a dispute over a mining contract, where the court previously held that an equitable remedy for discovery was appropriate. The current appeal concerns an order appointing a Special Master or Receiver to take possession of the premises and conduct mining operatio
• Gouldy v. Chiasson
  Fla. 4th DCA· 2026-07-22 ·cited 1×·via Abuse Of Discretion Standard For Fee Awards
  The trial court properly awarded appellate attorney's fees and costs of $65,662.23 to Chiasson under section 772.11(1), Florida Statutes, because the trial court's section 57.105(1) sanctions finding—affirmed on appeal—constituted an express finding that Gouldy's civil theft clai
• Graham v. Shania Saintil
  Fla. 3d DCA· 2026-05-27 ·cited 1×
  A party seeking to dissolve an injunction must provide an adequate record, including a hearing transcript, to demonstrate that changed circumstances no longer justify the injunction's continuation.
• Francois v. State
  427 So. 3d 1150· Fla. 3d DCA· 2026-05-20 ·cited 1×
  A trial court does not abuse its discretion in denying a motion to withdraw a plea filed after sentencing when an extensive colloquy was conducted at the plea hearing.
• Suzuki Motor Corp. v. Winckler
  434 So. 3d 104· Fla. 5th DCA· 2026-04-10 ·cited 1×
  A jury's defense verdict on a strict liability design defect claim does not preclude a subsequent negligent warning claim, because a manufacturer has a duty to warn of foreseeable risks posed by a product even if the product is not defective in design. Evidence of a product safet
• Ramallah, Inc. v. Brickell Grp. Constr. LLC
  Fla. 3d DCA· 2026-04-01 ·cited 1×
  The court affirmed the trial court's ruling on the motion to strike because the appellant failed to preserve its legal arguments for appellate review by presenting the specific legal grounds to the lower court.
• Nixon Jean Pierre v. SBL Freightliner LLC
  Fla. 4th DCA· 2026-03-25 ·cited 1×
  The Fourth District Court of Appeal of Florida reversed a trial court's dismissal of a complaint with prejudice, finding that the dismissal was too harsh. While affirming the dismissal of the amended complaint, the appellate court held that the plaintiff should have been granted
• Kamari Lowery v. State
  Fla. 3d DCA· 2026-03-25 ·cited 1×
  The Third District Court of Appeal affirmed Kamari Lowery's conviction, holding that he failed to properly preserve his challenge to the trial court's randomized jury selection method. The court found that while Lowery objected to the method, he did not take the necessary additio
• Bright v. State of Fla. & Raymond Bright v. Sec'y
  432 So. 3d 485· Fla.· 2026-02-26 ·cited 1×
  The court affirmed the denial of the postconviction motion and denied the petition for writ of habeas corpus, finding no ineffective assistance of counsel or abuse of discretion by the lower court.
• Uwan Lloyd Williams v. Williams
  429 So. 3d 594· Fla. 3d DCA· 2026-02-04 ·cited 1×
  A trial court abuses its discretion by awarding sole parental responsibility when neither party requested it in their pleadings, even if competent substantial evidence supports a finding of detriment. Transportation costs for visitation are childrearing expenses that must be shar
• Morgan v. State
  427 So. 3d 141· Fla. 2d DCA· 2025-12-31 ·cited 1×
  A trial court commits reversible error when it erroneously believes it lacks discretion to impose a downward departure sentence, even when the defendant presents competent substantial evidence supporting grounds for departure under Florida law. The trial court must apply the two-
• Dale Dixon ad Litem of the Estate of Alfonso T. Glover, Jr. v. Green
  425 So. 3d 739· Fla. 5th DCA· 2025-12-05 ·cited 1×
  An attorney who represented a client asserting a claim as sole heir to an intestate estate and later represented opposing parties in the same proceeding against that former client's interests must be disqualified under Florida conflict of interest rules, as both the existence of
• Dalhou Fletcher- Johnson v. Colin Wayne Johnson
  423 So. 3d 420· Fla. 4th DCA· 2025-11-12 ·cited 1×
  A trial court does not violate due process by ruling on a domestic violence injunction petition in the absence of a party who received actual notice of the hearing, and an appellate court lacks jurisdiction to review orders denying motions to vacate when those orders are not incl
• Takefman v. The Pickleball Club LLC
  422 So. 3d 239· Fla. 3d DCA· 2025-10-22 ·cited 1×
  A party without an attorney-client relationship with opposing counsel generally lacks standing to seek disqualification unless the conflict clearly calls into question the fair or efficient administration of justice, and speculative allegations of conflict of interest are insuffi
• Warner v. Warner
  422 So. 3d 1194· Fla. 5th DCA· 2025-10-03 ·cited 1×
  The trial court erred in imputing income to Former Husband based on a finding of voluntary underemployment because there was no competent, substantial evidence establishing the income he could earn if he returned to self-employment, and averaging past earnings without evidence of
• Fla. Recovery Solutions, Inc. v. Westport Recovery Corp.
  420 So. 3d 632· Fla. 3d DCA· 2025-10-01 ·cited 1×·via Abuse Of Discretion Standard For Fee Awards
  The trial court did not abuse its discretion in awarding attorney's fees under section 57.105 where the claims were frivolous or devoid of merit, and competent substantial evidence supported the reasonableness of the fee amount.
• Val v. Gentera Ctr. for Plastic Surgery, LLC
  419 So. 3d 793· Fla. 3d DCA· 2025-09-24 ·cited 1×
  Where an appellant fails to provide a transcript of the attorney's fees hearing, the trial court's findings regarding the fee award must be presumed correct and are reviewed for abuse of discretion.
• Ilse Gevaert v. Teh
  423 So. 3d 487· Fla. 3d DCA· 2025-09-17 ·cited 1×
  A trial court does not abuse its discretion in denying a parent's relocation petition when the non-relocating parent presents evidence that, under the statutory factors in section 61.13001(7), Florida Statutes, the proposed relocation is not in the child's best interest.
• Breton v. Raud
  422 So. 3d 1176· Fla. 3d DCA· 2025-09-17 ·cited 1×·via Abuse Of Discretion Standard For Fee Awards
  A trial court violates due process when it awards relief not requested in a motion or pleading. The court affirmed the award of temporary prospective fees sought in the motion but reversed awards of past incurred fees and fees for contempt proceedings that were not sought and not
• McCray v. State
  418 So. 3d 260· Fla. 1st DCA· 2025-08-13 ·cited 1×·via Abuse Of Discretion Standard For Evidentiary Rulings
  A trial court commits reversible error by excluding evidence of a prior violent incident when that evidence provides a plausible alternative explanation for injury evidence central to the prosecution's case and would allow the defendant to impeach key prosecution witnesses throug
• Gonzalez v. Dayami Rodriguez Rodriguez
  418 So. 3d 245· Fla. 3d DCA· 2025-08-13 ·cited 1×
  A trial court's award of temporary attorney's fees in a family law matter must be supported by specific factual findings regarding the parties' need and ability to pay, and must include findings as to the reasonableness of the hours expended and hourly rates charged. Conclusory d
• Yosima Marin-Igarza and Raul Rivas v. Am. Sales & Mgmt. Org. LLC
  415 So. 3d 899· Fla. 3d DCA· 2025-07-30 ·cited 1×
  A trial court does not abuse its discretion in dismissing an action for lack of prosecution under Florida Rule of Civil Procedure 1.420(e) when no record activity occurs within the required statutory periods and the party fails to demonstrate good cause in writing at least five d
• Castillo v. Viviana Valbonesi
  418 So. 3d 736· Fla. 3d DCA· 2025-07-30 ·cited 1×
  A trial court does not abuse its discretion in vacating a dismissal for lack of prosecution under Rule 1.540 when the moving party demonstrates excusable neglect, including an attorney's failure to calendar a hearing due to serious illness that prevented the attorney from working
• Hanniford v. United Servs. Auto. Ass'n
  418 So. 3d 726· Fla. 1st DCA· 2025-07-30 ·cited 1×
  The trial court correctly denied relief based on excusable neglect where counsel failed to timely file a motion for trial de novo following non-binding arbitration. The failure resulted from attorney negligence and inaction rather than clerical error, secretarial mistake, or tech
• Harrington v. Giancola
  415 So. 3d 845· Fla. 6th DCA· 2025-07-18 ·cited 1×
  A trial court does not abuse its discretion in granting a domestic violence injunction when the petitioner's credible testimony establishes recent stalking conduct that can be evaluated within the context of the parties' history of violence.
• Loren v. Once Upon a Time Grp.
  415 So. 3d 222· Fla. 4th DCA· 2025-07-09 ·cited 1×·via Abuse Of Discretion Standard For New Trial Motions
  The plaintiff presented sufficient evidence to survive a directed verdict by establishing that the restaurant had constructive knowledge of a recurring, foreseeable condensation problem near the patio entrance where she fell. The trial court did not abuse its discretion in granti
• The Florida Bar v. Brooke Lynnette Girley & The Fla. Bar v. Jerry Girley
  417 So. 3d 230· Fla.· 2025-06-26 ·cited 1×
  The Florida Supreme Court upheld disciplinary sanctions against attorneys Brooke Lynnette Girley and Jerry Girley for professional misconduct arising from their public statements attacking Judge Kevin Weiss's integrity and accusing him of racial bias after he entered a directed v
• Squires v. Squires
  415 So. 3d 263· Fla. 5th DCA· 2025-06-20 ·cited 1×
  A trial court is not required to make written findings of fact when denying a petition to modify child support or timesharing under Florida Statutes §§ 61.13 and 61.30.
• Perez-Palma v. Nathalie Rodriguez
  Fla. 3d DCA· 2025-04-30 ·cited 1×
  Costs of supervised timesharing must be determined as part of the child support calculation rather than adjudicated separately in a final judgment that reserves child support jurisdiction.
• Kimble v. State
  406 So. 3d 1130· Fla. 1st DCA· 2025-04-02 ·cited 1×
  The trial court did not abuse its discretion in denying the motion for a new trial because Kimble failed to contemporaneously object to the prosecutor's comments, and even if considered, the comments were either an invited response or permissible prosecutorial commentary on the j
• Wal-Mart Stores E., LP v. Elida Maria Garcia Pineda
  406 So. 3d 995· Fla. 3d DCA· 2025-03-12 ·cited 1×
  A trial court abuses its discretion in granting an adverse inference instruction for spoliation when no competent substantial evidence supports a finding that the defendant failed to take reasonable steps to preserve electronically stored information or acted with intent to depri
• Verdasco v. Dynirie De La Caridad Vazquez
  49 Fla. L. Weekly D2257· Fla. 3d DCA· 2025-03-05 ·cited 1×
  In this family law appeal, the Florida Third District Court of Appeal affirmed a trial court's final judgment dissolving a marriage, rejecting the husband's challenges to the award of parental decision-making authority to the wife, the equitable distribution of property, and the
• State v. Osama Saad Alahmari
  409 So. 3d 162· Fla. 3d DCA· 2025-03-05 ·cited 1×
  A trial court abuses its discretion by dismissing a prosecution for lack of prosecution under Florida law when the State announces ready for trial and its witnesses are confirmed available to testify, even if those witnesses are not physically present in the courtroom before the
• Phara v. Selena Robert
  406 So. 3d 983· Fla. 3d DCA· 2025-02-26 ·cited 1×
  A trial court does not abuse its discretion in awarding child support when the obligor parent's income is properly calculated based on complete financial disclosures and the award complies with Florida Child Support Guidelines.
• City of Miami v. Vilma Marcos
  Fla. 3d DCA· 2025-02-19 ·cited 1×
  A trial court abuses its discretion when it strikes a party's pleadings and enters default judgment as a sanction for procedural violations if the ultimate sanction is not commensurate with the violation and the court fails to apply proper Kozel factors supported by competent sub
• Est. of Hosey Anderson v. R.J. Reynolds Tobacco Co.
  Fla. 1st DCA· 2025-02-05 ·cited 1×
  Sarah Anderson, as personal representative of the estate of her deceased husband Hosey Anderson, appealed a judgment in favor of tobacco defendants in a wrongful death case. The appellate court affirmed, finding that Anderson waived a venire challenge by failing to timely object
• Gold Moon Found. v. Playa Blanca Corp.
  49 Fla. L. Weekly D1866· Fla. 3d DCA· 2025-02-05 ·cited 1×
  A foreign forum is adequate for purposes of forum non conveniens dismissal when the parties will not be deprived of all remedies or treated unfairly, even though they may not enjoy the same benefits as they might receive in an American court.
• Universal Prop. & Cas. Ins. Co. v. Armand
  403 So. 3d 1060· Fla. 3d DCA· 2025-01-29 ·cited 1×
  Universal Property & Casualty Insurance Company appealed a final judgment in favor of the Armands, arguing the trial court erred in denying its motion for leave to amend its affirmative defenses. The appellate court reviewed the trial court's discretionary ruling under the abuse
• Michener v. Michener
  403 So. 3d 1040· Fla. 3d DCA· 2025-01-22 ·cited 1×
  In a marital dissolution case, the trial court awarded the former husband an equalizing payment of approximately $137,776 as compensation for the former wife's destruction of his nonmarital memorabilia collection. The appellate court reversed the equalizing payment award, finding
• ARI Fin. Servs., Inc. v. Crystal Cap. Fund Series, LLC
  404 So. 3d 586· Fla. 3d DCA· 2025-01-08 ·cited 1×
  ARI Financial Services, a placement agent, appealed summary judgment favoring Crystal Capital Fund Series in a dispute over continuing placement fees owed under a 2010 agreement. The appellate court affirmed the summary judgment but reversed the trial court's denial of Crystal's
• Italia Dixon v. World Fiber Techs., Inc.
  49 Fla. L. Weekly D1045· Fla. 3d DCA· 2024-12-18 ·cited 1×
  Italia Dixon appealed a trial court's decision regarding a new trial motion and additur award in a motor vehicle damages action. The Third District Court of Appeal affirmed the trial court's decision, applying the abuse of discretion standard and finding no clear abuse.
• Martesha Williams Johnson v. State
  397 So. 3d 1209· Fla. 1st DCA· 2024-12-11 ·cited 1×·via Abuse Of Discretion Standard For Evidentiary Rulings
  The trial court did not abuse its discretion in admitting evidence about Johnson's AR-15 and ammunition because the evidence was relevant to show she provided ammunition to the shooter and was not unduly prejudicial. An ineffective assistance of counsel claim based on failure to
• Gonzalez v. Calles
  402 So. 3d 402· Fla. 3d DCA· 2024-12-11 ·cited 1×
  A substantial increase in a noncustodial parent's income constitutes a substantial change in circumstances justifying an upward modification of child support. A parent's mere acquisition of a larger home with a bedroom for the child, without more, does not constitute a substantia
• Music v. State
  398 So. 3d 436· Fla. 4th DCA· 2024-12-04 ·cited 1×
  The trial court abused its discretion by admitting co-defendant testimony that appellant committed forty to fifty prior car burglaries, as the evidence did not meet the Williams rule test: the prior burglaries were not sufficiently unique or substantially similar to the charged c
• Pro Choice Remediation Inc. v. Old Dominion Ins. Co.
  400 So. 3d 789· Fla. 1st DCA· 2024-11-27 ·cited 1×
  Dismissal with prejudice for fraud on the court is an extraordinary remedy that requires clear and convincing proof that a party sentiently set in motion an unconscionable scheme calculated to interfere with the judicial system's ability to adjudicate impartially. Pro Choice's is