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

• Leverette v. State
  362 So. 3d 320· Fla. 1st DCA· 2023-06-14 ·cited 1×
  The appellate court affirmed a defendant's convictions for drug trafficking and possession. The court found no merit in arguments that a search warrant affidavit should have been unsealed or that statements made during an interrogation should have been suppressed.
• Ocnel Metellus v. Storm Restoration Servs., LLC
  363 So. 3d 139· Fla. 2d DCA· 2023-06-14 ·cited 1×
  A trial court abuses its discretion by summarily denying a motion for new trial in small claims court without a hearing when the record supports that the defendant may not have received proper notice due to use of an incorrect email address.
• State v. Bercaw
  363 So. 3d 124· Fla. 1st DCA· 2023-06-14 ·cited 1×
  The appellate court reversed a trial court's denial of a continuance for a suppression hearing. The State sought the continuance because the subpoenaed officer, who made the stop, failed to appear. The court found the denial was an abuse of discretion, leading to the suppression
• Owen v. State
  363 So. 3d 1035· Fla.· 2023-06-09 ·cited 1×
  Duane Eugene Owen challenged a circuit court finding that he is sane to be executed. The Florida Supreme Court affirmed, holding that Owen has the requisite rational understanding of the fact and reason for his pending execution, satisfying the Eighth Amendment standard establish
• Dario Carnevale v. Shir
  359 So. 3d 1257· Fla. 3d DCA· 2023-04-26 ·cited 1×
  A successor judge cannot be disqualified based on a successive motion by the same party on the same grounds as a previous disqualification unless the successor judge rules that he or she is not fair or impartial. Here, the trial judge properly denied the motion to disqualify beca
• Shayeon Swain v. State
  359 So. 3d 882· Fla. 3d DCA· 2023-04-26 ·cited 1×
  The trial court's finding of willful and substantial violation of probation was supported by competent substantial evidence and properly affirmed; however, a claim that the court failed to make statutorily required written findings for VFOSC designation was unpreserved for appeal
• Dario Carnevale v. Rogenia Trading, Inc.
  Fla. 3d DCA· 2023-04-26 ·cited 1×
  A successor judge cannot be disqualified based on a successive motion by the same party unless the successor judge rules that he or she is in fact not fair or impartial in the case.
• United Auto. Ins. Co. v. Path Med., LLC
  359 So. 3d 854· Fla. 3d DCA· 2023-04-19 ·cited 1×
  Trial courts have discretion to determine reasonable expert witness fees and tax those fees as costs under Florida law.
• Geico Indem. Co. v. Simply Health Care, Inc.
  Fla. 3d DCA· 2023-04-12 ·cited 1×
  A trial court abuses its discretion when it denies a party leave to amend its pleadings to add an affirmative defense unless the opposing party would be prejudiced, the privilege to amend has been abused, or the amendment would be futile. Here, GEICO's proposed amendment was not
• Pryor v. State
  359 So. 3d 1216· Fla. 2d DCA· 2023-04-05 ·cited 1×
  The appellate court affirmed a conviction for possession of a firearm by a violent career criminal (VCC). The court found that while the defendant's juvenile escape conviction was not a qualifying offense for VCC status, the defendant failed to preserve this issue for appeal, and
• Dussan v. Ahmed EL Zoghbi
  359 So. 3d 388· Fla. 3d DCA· 2023-04-05 ·cited 1×
  The appellate court reversed a trial court's denial of a mother's motion for continuance and exclusion of her exhibits in a paternity action. The court found that the combined rulings created an injustice and deprived the mother of a meaningful opportunity to present her case, pa
• Sutton v. Wilmington Tr., N.A.
  359 So. 3d 385· Fla. 3d DCA· 2023-03-29 ·cited 1×
  A trial court errs by categorically rejecting a motion to vacate a judicial foreclosure sale based solely on the absence of fraud or irregularity in the sale's conduct; instead, courts must consider all well-pleaded equitable grounds, including mistake, accident, surprise, and gr
• Simmons v. State
  357 So. 3d 790· Fla. 5th DCA· 2023-03-03 ·cited 1×
  The trial court did not abuse its discretion in admitting video evidence of firearm possession or in permitting expert testimony on firearm identification. Although the revocation order failed to specify which community control conditions were violated, this error was not preserv
• Gillig v. State
  356 So. 3d 260· Fla. 4th DCA· 2023-02-22 ·cited 1×
  Evidence of a prior DUI is inadmissible under Florida's Williams rule when the prior incident does not tend to prove or disprove any material fact required by the statute defining the charged offense, such as impairment to normal faculties on the date in question.
• Clear 2 Close Title LLC v. ZAP Cap., Inc.
  373 So. 3d 1183· Fla. 3d DCA· 2023-02-22 ·cited 1×
  The appellate court reviewed a lower court's denial of a motion to vacate a default judgment and quash service of process. The court affirmed the denial of the motion to quash service, finding the issue was waived, but reversed the denial of the motion to vacate the default judgm
• Perozo v. State
  356 So. 3d 831· Fla. 4th DCA· 2023-02-22 ·cited 1×·via Abuse Of Discretion Standard For Continuance
  The appellate court reversed a defendant's conviction because the trial court improperly denied his motion to continue the trial to hire private counsel. The court found the trial judge failed to adequately inquire into the circumstances or make findings to justify denying the de
• Daniela Souto COE v. Reinier Nicolaas Rautenberg
  358 So. 3d 24· Fla. 4th DCA· 2023-02-15 ·cited 1×
  The appellate court reviewed a final judgment dissolving a marriage. It affirmed the timesharing schedule but reversed and remanded on issues concerning holiday schedules, equitable distribution of Bitcoin assets, reimbursement for Bitcoin recovery costs, and child support calcul
• Celestino Martinez v. Thormahlen
  317 So. 3d 1246· Fla. 3d DCA· 2023-02-15 ·cited 1×
  A trial court does not abuse its discretion in granting a motion to dismiss on forum non conveniens grounds when, following an evidentiary hearing, it finds that an alternative forum, though not perfect, is adequate to adjudicate the plaintiff's claims.
• Quest Sys., LLC v. A Home of MY OWN, LLC
  356 So. 3d 300· Fla. 2d DCA· 2023-02-08 ·cited 1×
  The appellate court reversed an order vacating a judicial sale, holding that the buyer failed to present sufficient evidence to justify setting aside the sale. The buyer's claim of ignorance regarding a superior mortgage was insufficient without evidence linking it to the sale or
• Massoud v. Stonehedge Residents Inc.
  355 So. 3d 520· Fla. 2d DCA· 2023-01-20 ·cited 1×
  The appellate court reversed a trial court's denial of a motion to set aside a dismissal for lack of prosecution. The court found that the plaintiff's claim of being told the case was dismissed before he could even call in presented a colorable claim of excusable neglect and due
• Gulf Coast Commercial, LLC. v. KOS Corp.
  351 So. 3d 1212· Fla. 2d DCA· 2022-11-30 ·cited 1×
  The appellate court reversed a trial court's order granting a temporary injunction. The court found that the injunction improperly altered the status quo and granted the ultimate relief sought by the plaintiffs before a full trial on the merits.
• Allyn v. Allyn
  306 So. 3d 1111· Fla. 2d DCA· 2022-11-30 ·cited 1×
  The appellate court reviewed a supplemental final judgment modifying a parenting plan. While affirming the modification of timesharing due to changed circumstances, the court reversed a specific provision that improperly delegated the court's authority to a therapist.
• Barker v. State
  353 So. 3d 63· Fla. 4th DCA· 2022-11-23 ·cited 1×
  The appellate court affirmed a restitution order but reversed the assessment of a surcharge, finding the surcharge was improperly applied when no fines were imposed. The case clarifies the requirements for imposing surcharges related to criminal convictions.
• Alizzi v. Alizzi
  350 So. 3d 758· Fla. 4th DCA· 2022-11-09 ·cited 1×
  The appellate court reversed a lower court's decision on temporary spousal support and attorney's fees. The court found that the lower court erred in calculating the wife's actual needs for support and in considering non-liquid marital assets when denying her request for attorney
• Rawe v. Abram LEE Coleman
  354 So. 3d 574· Fla. 2d DCA· 2022-11-09 ·cited 1×·via Abuse Of Discretion Standard For Evidentiary Rulings
  The appellate court reversed a jury verdict for the defendant, finding that the trial court erred by preventing the plaintiff from impeaching a witness with a "Root Cause Analysis" report. The court held that the report was not protected by the accident report privilege and that
• Kapitanov v. Spinnaker BAY at the Waterways Condo. Ass'n, Inc.
  349 So. 3d 538· Fla. 3d DCA· 2022-10-26 ·cited 1×
• Alcazar v. State
  349 So. 3d 930· Fla. 3d DCA· 2022-10-14 ·cited 1×
  Jose Alcazar, a correctional officer charged with solicitation of first-degree murder and other crimes, petitioned for habeas corpus challenging the trial court's pretrial detention order. The Third District Court of Appeal held that solicitation of first-degree murder is not an
• Polynice v. Burger King Corp.
  351 So. 3d 619· Fla. 3d DCA· 2022-10-12 ·cited 1×
  Marie Polynice, who prevailed at jury trial against Burger King Corporation, appealed the trial court's order granting a new trial. The Third District Court of Appeal affirmed the new trial order, holding that the trial court did not abuse its discretion because the multiple clai
• Mendoza v. State
  349 So. 3d 912· Fla. 3d DCA· 2022-10-12 ·cited 1×
  An appellate court lacks jurisdiction to entertain a writ of error when the evidence conclusively shows that the amount in controversy cannot exceed the jurisdictional minimum of one hundred dollars, even if the summons claims a higher amount. Nominal damages alone do not confer
• The Collins Condo. Ass'n, Inc. v. Riveiro
  348 So. 3d 8· Fla. 3d DCA· 2022-08-17 ·cited 1×
  A plaintiff who voluntarily dismisses a complaint is the prevailing party entitled to attorney's fees when the defendant's actions effectively moot the case by providing the substantial relief sought in the litigation.
• Reynolds v. State
  346 So. 3d 1256· Fla. 1st DCA· 2022-08-10 ·cited 1×
  The appellate court affirmed a second-degree murder conviction, finding sufficient evidence of a "depraved mind" and upholding the admission of graphic photographs and arguments made during closing statements. The case involved a fatal stabbing at a gas station stemming from a di
• Allen v. Jacquelyn Marie Allen
  346 So. 3d 667· Fla. 1st DCA· 2022-08-03 ·cited 1×
  The appellate court affirmed a trial court's supplemental final judgment in a divorce case, specifically upholding the denial of the former husband's motion to reopen evidence. The court found that reopening the evidence to recall a witness would not have changed the outcome and
• Yurian Escobar v. Marino
  342 So. 3d 748· Fla. 3d DCA· 2022-06-22 ·cited 1×
  A trial court's denial of a motion to vacate a default is reviewed for abuse of discretion, and the appellant failed to demonstrate error.
• Asaf Hasson v. ADI Hasson
  339 So. 3d 1006· Fla. 4th DCA· 2022-05-25 ·cited 1×
  A husband appeals a trial court order requiring him to pay $40,000 in temporary attorney's fees within 10 days, plus $10,000 monthly thereafter, and $40,000 in temporary forensic accounting fees within 10 days, plus $5,000 monthly thereafter, in a pending dissolution of marriage
• Zaina Matthiesen v. In re Est. of Laurisse Masri
  343 So. 3d 124· Fla. 3d DCA· 2022-05-11 ·cited 1×
  Zaina Matthiesen, personal representative of her mother's estate, appealed a trial court order awarding attorney's fees to multiple law firms and denying her compensation as personal representative. The Third District Court of Appeal affirmed the denial of personal representative
• BMW of N. Am., LLC v. Henry
  336 So. 3d 1255· Fla. 5th DCA· 2022-04-08 ·cited 1×
  Federal law governs attorney's fee awards under the Magnuson-Moss Warranty Act, and contingency multipliers are prohibited under federal fee-shifting statutes pursuant to City of Burlington v. Dague. The trial court erred in applying a contingency multiplier and must recalculate
• Arne Langsetmo v. Metza
  335 So. 3d 708· Fla. 4th DCA· 2022-03-09 ·cited 1×
  The appellate court reviewed a trial court's order that denied a former husband's exceptions to a magistrate's recommendation regarding statutory interest. The court affirmed most of the trial court's decision but reversed on the issue of statutory interest, finding it should hav
• Douglas v. State
  333 So. 3d 353· Fla. 2d DCA· 2022-02-11 ·cited 1×
  The appellate court reversed a trial court's order modifying a defendant's probation. The court found the state failed to prove the defendant willfully and substantially violated probation by losing his GPS unit, as required for such a modification.
• Yuriorkis Gamboa Toledano v. Haydee Garcia
  338 So. 3d 1009· Fla. 3d DCA· 2022-02-09 ·cited 1×
  In this post-judgment family law matter, the Father appeals an order denying his motion to strike and set aside a general magistrate's report and recommendations, along with resulting judgments for attorney's fees and costs. The appellate court affirmed the trial court's order de
• In re Jane Doe 22-A v. .
  331 So. 3d 1281· Fla. 1st DCA· 2022-01-19 ·cited 1×
  The appellate court affirmed the trial court's dismissal of a minor's petition for judicial waiver of parental consent for an abortion. The majority held that the minor failed to prove by clear and convincing evidence that she was mature enough for the decision, while the dissent
• Philip Morris USA Inc. v. Jordan
  333 So. 3d 300· Fla. 1st DCA· 2022-01-19 ·cited 1×
  The appellate court affirmed a trial court's award of attorney's fees and costs to a plaintiff in an Engle progeny case. The core issue was whether the "locality" for determining reasonable attorney rates should include all attorneys litigating similar cases in the jurisdiction,
• City of Miami v. Bencomo
  333 So. 3d 758· Fla. 3d DCA· 2022-01-19 ·cited 1×
  The City of Miami appeals a trial court's denial of its motion for attorneys' fees and costs following a successful sovereign immunity defense in a negligence suit arising from an off-duty police officer's actions. The Third District Court of Appeal reversed, finding the trial co
• M.J.G. v. Graves
  332 So. 3d 1008· Fla. 4th DCA· 2022-01-05 ·cited 1×
  The appellate court affirmed the trial court's denial of a mother's motion to withdraw her consent to adoption. The mother argued her consent was obtained through duress and statutory violations, but the court found she failed to meet the burden of proof by clear and convincing e
• Bathke v. Costley
  332 So. 3d 1076· Fla. 5th DCA· 2021-12-29 ·cited 1×
  In this matrimonial appeal, the Florida Fifth District Court of Appeal reversed in part a final judgment dissolving the parties' marriage, finding that the trial court erred by refusing to consider tax consequences related to the husband's closely held business entities in the eq
• Vasquez v. Emilio Martin Nadra
  337 So. 3d 403· Fla. 3d DCA· 2021-12-22 ·cited 1×
  A trial court lacks authority to modify a prior dismissal order by changing it from without prejudice to with prejudice when ruling on a Rule 1.540(b)(1) motion, and a voidness claim based on lack of notice must be raised through a proper Rule 1.540(b)(4) motion rather than on ap
• Wright v. State
  337 So. 3d 112· Fla. 3d DCA· 2021-12-01 ·cited 1×
  Samuel Wright appeals his convictions for first-degree murder, armed robbery, and burglary, challenging the trial court's refusal to excuse a prospective juror for cause based on her responses during voir dire regarding the presumption of innocence. The appellate court agrees tha
• Mousa Alzirghani v. Shaimaa Algabah
  328 So. 3d 398· Fla. 1st DCA· 2021-11-24 ·cited 1×
  The appellate court affirmed a final judgment of dissolution because the appellant failed to provide a sufficient record and did not preserve his arguments for appeal. The court emphasized the presumption of correctness afforded to trial court judgments.
• Malique Gary v. State
  330 So. 3d 118· Fla. 2d DCA· 2021-11-24 ·cited 1×
  The appellate court reversed a conviction for third-degree murder, finding that the trial court erred by refusing to instruct the jury on the "independent act" defense. This defense allows a defendant to be exonerated if a co-felon commits a crime outside the scope of their origi
• GAY v. City of Dunedin
  330 So. 3d 580· Fla. 2d DCA· 2021-11-10 ·cited 1×
  The appellate court reversed a trial court's dismissal of individual city commissioners from a lawsuit. The court found that the trial judge abused discretion by dismissing the commissioners with prejudice without giving the plaintiff an opportunity to amend his complaint.
• Morgan Smith, II v. State
  329 So. 3d 256· Fla. 1st DCA· 2021-11-10 ·cited 1×
  The appellate court reviewed a trial court's decision to revoke probation. While upholding the revocation based on the defendant absconding, the court reversed the portion related to monetary conditions due to the trial court's failure to determine the defendant's ability to pay.