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

• Ouslander v. Olena Ouslander
  398 So. 3d 1002· Fla. 4th DCA· 2024-11-20 ·cited 1×
  The trial court did not abuse its discretion in awarding shared parental responsibility with equal unsupervised timesharing, assigning marital investment losses equally to both parties, and requiring an equalizing payment rather than directing payment of credit card debt from mar
• McKee v. State
  398 So. 3d 1047· Fla. 1st DCA· 2024-11-13 ·cited 1×·via Abuse Of Discretion Standard For Evidentiary Rulings
  The trial court did not abuse its discretion in allowing limited testimony defining grooming and general grooming behaviors, and properly refused to instruct on unnatural and lascivious act as a lesser-included offense because the evidence and allegations were identical for both
• Helvy Rojas v. Ada Isis Pelaez Otero
  399 So. 3d 1160· Fla. 3d DCA· 2024-11-13 ·cited 1×
  Former Husband appeals a Final Judgment of Dissolution of Marriage challenging the distribution of marital assets, including real property and bank accounts. The Third District Court of Appeals affirmed the trial court's factual findings regarding alimony and property classificat
• Primecare Network, Inc. v. Payroll LLC.
  397 So. 3d 90· Fla. 4th DCA· 2024-11-13 ·cited 1×
  A clerk's default is void when a defendant has filed any document in the action before the default is entered, as rule 1.500(a) prohibits clerk defaults once a defendant has filed a paper. A judicial default is void when the defendant is not properly served with notice of the app
• Toorak Cap. P'rs, LLC v. Cap. Servicing Co., LLC
  401 So. 3d 536· Fla. 2d DCA· 2024-11-13 ·cited 1×
  Toorak Capital Partners sued Capital Servicing Company and guarantor Traci Shawn Williams for default on a commercial loan, seeking recovery solely under the original June 7, 2019 promissory note and denying any modifications. The defendants asserted an affirmative defense that t
• Imperial Paving, LLC v. Trujillo
  400 So. 3d 49· Fla. 3d DCA· 2024-10-30 ·cited 1×
  Imperial Paving and related defendants appealed the trial court's denial of their motions to dismiss or transfer venue based on improper venue and forum non conveniens. The Third District Court of Appeal affirmed the trial court's decision, holding that defendants failed to meet
• Onas E. Aliff v. Steven Weiss, M.D., P.A.
  396 So. 3d 574· Fla. 4th DCA· 2024-10-16 ·cited 1×
  Additur was an abuse of discretion where unobjected-to jury instructions and the verdict form authorized the jury to award any amount of damages it deemed appropriate, thereby waiving and inviting any error regarding the allegedly inadequate verdict.
• Santiago v. State
  395 So. 3d 667· Fla. 2d DCA· 2024-10-16 ·cited 1×
  Jeffrey Santiago was convicted of aggravated battery and witness tampering. The trial court denied Santiago's motion for continuance when the State added a witness tampering charge five days before trial. The appellate court reversed the witness tampering conviction due to the tr
• Giacomaro v. Brossia
  396 So. 3d 222· Fla. 4th DCA· 2024-10-16 ·cited 1×
  A trial court abuses its discretion when it awards majority timesharing based on speculation about a parent's future circumstances rather than competent, substantial evidence of the parent's current capacity to care for the child. A timesharing determination cannot rest on hypoth
• Rebekah Dunaj v. Worley
  400 So. 3d 756· Fla. 3d DCA· 2024-10-16 ·cited 1×
  Rebekah Dunaj appealed orders concerning custody and child support obligations. The Third District Court of Appeal affirmed the trial court's rulings as supported by competent, substantial evidence, and dismissed portions of the appeal relating to orders entered after the notice
• USAA Cas. Ins. Co. v. Deehl
  400 So. 3d 689· Fla. 3d DCA· 2024-09-30 ·cited 1×
  USAA Casualty Insurance Company appeals the trial court's denial of summary judgment on comparative fault, grant of directed verdict on comparative fault, and rejection of additur regarding non-economic damages in an uninsured motorist claim. The court affirms all three orders, f
• Morrow v. State
  392 So. 3d 1127· Fla. 1st DCA· 2024-09-11 ·cited 1×
  When a represented defendant files a motion to withdraw a plea and an adversarial relationship arises between the defendant and counsel, the trial court must appoint conflict-free counsel to represent the defendant unless the record conclusively refutes the defendant's allegation
• Pacheco v. Jinete
  393 So. 3d 1274· Fla. 3d DCA· 2024-09-10 ·cited 1×
  Ivan Pacheco appealed a trial court's denial of his request to disqualify mayoral candidate Arturo Jinete from running for office in the Town of Medley based on alleged failure to meet the town charter's one-year residency requirement. The appellate court affirmed, finding that J
• United States v. Melchor Munoz
  112 F.4th 923· 11th Cir.· 2024-08-07 ·cited 1×
  The court held that collateral estoppel was unavailable because the start date of the drug conspiracy was not a necessary element of the prior conviction or sentence, and judicial estoppel was improperly applied due to a lack of evidentiary support for the finding of intent to mi
• Albo v. Martell
  394 So. 3d 158· Fla. 3d DCA· 2024-07-17 ·cited 1×
  A dismissal order entered sua sponte without notice or an opportunity to be heard is void as a violation of due process, and a trial court must vacate such a void order when presented with a timely motion to do so.
• Verijet, Inc. v. Vision Leasing 241, LLC
  394 So. 3d 78· Fla. 3d DCA· 2024-06-26 ·cited 1×
  Verijet appeals the trial court's denial of its motion to vacate a default final judgment entered after it failed to retain new counsel within ten days of its prior counsel's withdrawal. The appellate court reversed, finding that Verijet demonstrated excusable neglect, presented
• The Ferraro Law Firm, P.A. v. Royal Merch. Holdings, LLC
  394 So. 3d 672· Fla. 3d DCA· 2024-06-12 ·cited 1×
  The Ferraro Law Firm challenged an arbitration award in its favor to Royal Merchant Holdings, while Royal Merchant cross-appealed the award's vacation. The court held that the arbitrator fundamentally violated fairness by deciding the case on an unpled ground—the assignment propo
• Detroit Tigers, Inc. v. Sodders
  390 So. 3d 1234· Fla. 1st DCA· 2024-06-12 ·cited 1×
  A compensation judge abuses discretion under section 440.14(1)(d), Florida Statutes, when calculating average weekly wage by rejecting the express terms of an employment contract and supplementing it with terms not provided by the parties. The average weekly wage must be determin
• Felicio Abreu v. Aurora Loan Servs., LLC
  390 So. 3d 218· Fla. 3d DCA· 2024-05-15 ·cited 1×
  The Abreus appealed a trial court's decision vacating an earlier order that enforced a settlement agreement in a foreclosure case. The Third District Court of Appeal reversed, holding that the trial court had jurisdiction to enforce the settlement agreement and that legal error i
• Blue Water Coast Servs., LLC v. Maize
  385 So. 3d 150· Fla. 4th DCA· 2024-04-17 ·cited 1×
  In this appeal and cross-appeal, the Fourth District Court of Appeal reversed the trial court's decision to grant a new trial based on a finding of an inconsistent jury verdict. The court held that the jury's findings—that the plaintiff proved his deed rescission claim but that t
• HCA Health Servs. of Fla., Inc. v. Jo Ann Berlin, M.D.
  383 So. 3d 840· Fla. 4th DCA· 2024-04-17 ·cited 1×
  HCA Health Services appealed the trial court's denial of statutory attorneys' fees based on the court's conclusion that it lost jurisdiction due to HCA's delay in scheduling a hearing on the fee amount. The Fourth District reversed, holding that Florida Rule of Civil Procedure 1.
• MRI Assocs. of Brandon, LLC v. Geico Gen. Ins. Co.
  384 So. 3d 309· Fla. 5th DCA· 2024-04-12 ·cited 1×
  MRI Associates, as assignee of an insured patient, sued GEICO in Volusia County for unpaid medical reimbursement. GEICO moved to transfer venue to Hillsborough County under the forum non conveniens statute. The court reversed the transfer order, holding that GEICO failed to demon
• Jackson v. State
  384 So. 3d 811· Fla. 5th DCA· 2024-04-05 ·cited 1×
  Michael Jackson appealed his convictions for first-degree murder and sexual battery, challenging the trial court's admission of evidence regarding a 1986 sexual battery he committed. The Fifth District Court of Appeal affirmed the convictions, holding that the evidence was admiss
• Goldsmith v. State
  383 So. 3d 518· Fla. 4th DCA· 2024-04-03 ·cited 1×
  Although a police officer's testimony that a confidential informant was credible and reliable in the past constituted improper bolstering of the informant's credibility, the error was harmless where the defendant admitted to the drug sale and driving the vehicle into the canal, v
• Einath Bach Levy v. Levy
  388 So. 3d 987· Fla. 3d DCA· 2024-03-06 ·cited 1×
  A trial court must remand for additional findings quantifying any deduction from an interim attorney's fee award attributable to a party's litigation misconduct and must determine whether in-kind support from third parties will continue in the foreseeable future before imputing s
• Soto v. State
  377 So. 3d 1232· Fla. 2d DCA· 2024-01-19 ·cited 1×
  The appellate court affirmed a defendant's conviction for sexual battery but reversed his sentence. The court found that the trial court erred by failing to apply the correct framework when considering the defendant's request for a downward departure sentence, mistakenly believin
• Universal Prop. & Cas. Ins. Corp. v. Mulaire Andre and Charmaine Andre
  377 So. 3d 1180· Fla. 4th DCA· 2024-01-17 ·cited 1×
  A default judgment entered without providing a party that has filed substantive papers an opportunity to be heard violates due process and is void. Additionally, where an insurer files a motion to set aside a default within five days, supported by sworn statements of calendaring
• Fuller v. Torcise
  388 So. 3d 904· Fla. 3d DCA· 2024-01-03 ·cited 1×
  A trial court abuses its discretion and violates due process when it fails to conduct an evidentiary hearing on the reasonableness of attorney's fees after entering orders stating a hearing would be held, even if the court does not outright deny the request. A party does not waiv
• Ward v. Waters
  389 So. 3d 652· Fla. 3d DCA· 2024-01-03 ·cited 1×
  A trial court cannot grant long-distance timesharing to a parent while denying that parent's relocation petition based on findings that relocation is not in the child's best interests, without making an explicit finding that the timesharing schedule itself serves the child's best
• J. J. v. Dept. of Child. & Families
  376 So. 3d 816· Fla. 2d DCA· 2023-12-27 ·cited 1×
  An employee seeking an exemption from statutory disqualification is not entitled to one even if rehabilitation is shown; DCF properly exercised its discretion to deny the exemption based on the applicant's serious criminal history, subsequent arrest for sexual battery on a minor,
• Taurean Marquis Washington v. State
  377 So. 3d 637· Fla. 1st DCA· 2023-12-13 ·cited 1×
  Evidence that a vehicle passenger possessed controlled substances is irrelevant to a possession charge where the defendant made no attempt to legally dispose of the contraband before arrest.
• Fertil v. Univ. of Miami
  388 So. 3d 174· Fla. 3d DCA· 2023-12-13 ·cited 1×
  A causation expert's opinion in a medical malpractice case is unreliable under Daubert when the expert fails to consider the plaintiff's substantial medical history of chronic hypertension and bases critical assumptions—including whether the plaintiff would have sought and compli
• Miami-Dade Cnty. v. Anny K. Berastain
  388 So. 3d 886· Fla. 3d DCA· 2023-12-13 ·cited 1×
  When reviewing a directed verdict motion in a negligence case, courts must view evidence in the light most favorable to the non-moving party and submit factual questions to the jury if conflicting evidence or reasonable inferences exist. The jury's verdict was supported by substa
• State v. Hubbs
  377 So. 3d 1162· Fla. 4th DCA· 2023-12-06 ·cited 1×·via Abuse Of Discretion Standard For Evidence Admission
  Text messages expressing a defendant's sexual interest in a child and discussing the context surrounding receipt of child sexual abuse material are relevant and admissible to prove the elements of possession of depictions of sexual performance by a child, and the trial court abus
• Elliot Shawn Butler v. State
  374 So. 3d 914· Fla. 2d DCA· 2023-11-29 ·cited 1×
  A Nelson hearing was not required because Butler made only general complaints of dissatisfaction with counsel's trial preparation and strategy rather than a clear and unequivocal request to discharge counsel, and any such request was untimely after trial began. The Faretta inquir
• State v. Sanders
  373 So. 3d 960· Fla. 2d DCA· 2023-11-15 ·cited 1×
  The trial court abused its discretion in denying the State's request to amend the information to correct the year of the alleged offense and in granting the defendant's motion to dismiss, as the variance between the alleged and actual date was a non-fatal technical defect that ca
• Wen Liu v. Univ. of Miami
  388 So. 3d 126· Fla. 3d DCA· 2023-10-18 ·cited 1×
  A final judgment of foreclosure and sanctions imposed for failure to attend a deposition are reviewed for abuse of discretion and are affirmed when supported by the record.
• Blow v. State
  48 Fla. L. Weekly D665· Fla. 5th DCA· 2023-09-29 ·cited 1×
  The trial court erred in excluding Appellant's testimony about two alleged prior consensual sexual encounters with the victim, as such testimony concerned activity between the victim and the defendant—not with a third party—and thus fell outside the rape shield statute. However,
• Prime Prop. & Cas. Ins. Inc. v. Allied Trucking of Fla., Inc.
  388 So. 3d 868· Fla. 3d DCA· 2023-09-27 ·cited 1×
  A trial court does not abuse its discretion in denying a motion for rehearing that raises an issue that could have been, but was not, raised in the initial motion or at the initial hearing.
• Juravin v. Kennedy
  2022 WL 846074· M.D. Fla.· 2023-09-19 ·cited 1×
  The district court affirmed the bankruptcy court's order, finding no abuse of discretion in denying the debtor's motion to remove the trustee and impose sanctions, and ordered the debtor to show cause why sanctions should not be imposed for filing a frivolous appeal.
• AT&T Mobility LLC v. Rigney
  388 So. 3d 72· Fla. 3d DCA· 2023-09-06 ·cited 1×
  The appellate court reversed a lower court's denial of sanctions against a plaintiff and his attorney. The court found that the plaintiff's claims were based on a demonstrably false factual assertion that he had an unlimited data plan, which is a violation of Florida Statute sect
• Mango v. Mango
  370 So. 3d 370· Fla. 5th DCA· 2023-09-01 ·cited 1×
  A trial court need not make written findings regarding the factors enumerated in section 61.08(2), Florida Statutes, when denying a supplemental petition for alimony modification, because such detailed factual findings are only required after the court first determines that a leg
• Stephanie Smith for the Lovely Fam. Living Tr. v. Healy
  372 So. 3d 750· Fla. 6th DCA· 2023-08-25 ·cited 1×
• Dessberg v. Sarasota Harbor E. Ass'n, Inc.
  369 So. 3d 1172· Fla. 2d DCA· 2023-08-04 ·cited 1×
  The appellate court reversed a default final judgment of foreclosure, finding that the trial court erred in granting a judicial default. The court held that the default was improperly entered because the defendant filed a responsive pleading before the default was officially ente
• Andres v. State
  404 So. 3d 448· Fla. 3d DCA· 2023-08-02 ·cited 1×
  A trial court does not abuse its discretion by refusing to appoint a third expert to resolve conflicting competency evaluations, as the trial court must independently determine competency based on expert testimony and the record, and competency determinations supported by substan
• Chamberlain v. Degner
  368 So. 3d 1039· Fla. 1st DCA· 2023-08-02 ·cited 1×
  The appellate court reversed a trial court's decision to grant relief from a final judgment. The trial court had found the judgment void due to due process violations related to notice and relief granted outside the pleadings. The appellate court disagreed, holding that the forme
• K.R. v. Dep't of Child. & Families
  368 So. 3d 986· Fla. 4th DCA· 2023-07-26 ·cited 1×
  A parent may forfeit the right to court-appointed counsel in parental rights termination proceedings through conduct involving abuse and non-cooperation with multiple appointed attorneys, and when forfeiture occurs, the trial court is not required to conduct a Faretta hearing or
• Nance Carol Goulding v. Goulding
  341 So. 3d 476· Fla. 2d DCA· 2023-07-26 ·cited 1×
  The appellate court reversed an order granting attorney's fees to the Former Husband, finding the order legally deficient due to numerous errors on its face and a lack of necessary factual findings. The court emphasized that even in pro se litigation, minimum legal requirements m
• Kyte v. Discover Bank
  369 So. 3d 726· Fla. 2d DCA· 2023-07-26 ·cited 1×
  The appellate court reversed a trial court's denial of attorney's fees and costs to a defendant whose case was dismissed for the plaintiff's failure to prosecute. The court held that the defendant was the prevailing party and entitled to fees under the contract and relevant statu
• Thomas v. State
  363 So. 3d 1153· Fla. 2d DCA· 2023-06-23 ·cited 1×
  The appellate court reversed a misdemeanor battery conviction because the trial court improperly allowed a law enforcement officer to testify that the defendant was the primary aggressor. This testimony invaded the jury's province to decide the self-defense claim, and the error w