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

• Callari v. Winkeljohn
  329 So. 3d 795· Fla. 3d DCA· 2021-10-27 ·cited 1×
  In this negligence and punitive damages case arising from a serious automobile accident, the appellate court reversed the punitive damages award because the trial court failed to analyze prejudice when striking the defendant's untimely supplemental expert disclosure regarding the
• Morburger v. Yellow Funding Corp.
  Fla. 3d DCA· 2021-10-27 ·cited 1×
  Arthur J. Morburger appealed a final judgment of foreclosure in favor of Yellow Funding Corp. and a postjudgment order directing issuance of a certificate of title. Morburger argued the foreclosure action should have been dismissed because Yellow Funding was administratively diss
• Morburger v. Yellow Funding Corp.
  329 So. 3d 214· Fla. 3d DCA· 2021-10-27 ·cited 1×
  This case involves a consolidated appeal concerning a final judgment of foreclosure and a postjudgment order related to the foreclosure sale. The appellate court affirmed both orders, finding no merit in the appellant's claims.
• Wilson v. State
  327 So. 3d 961· Fla. 1st DCA· 2021-10-06 ·cited 1×
  The appellate court reversed a restitution order, finding that it resulted in an impermissible double recovery for the victim. The court held that the victim's civil settlement should have been set off against the restitution amount to prevent the defendant from paying twice for
• Moses v. Moses
  347 So. 3d 385· Fla. 5th DCA· 2021-09-16 ·cited 1×
  Curtis John Moses appeals an amended final judgment dissolving his marriage to Kelly Christine Moses, challenging the distribution of marital liabilities, failure to credit child support payments toward arrears, the requirement to obtain life insurance, and an award of unilateral
• Hernandez v. Junior
  337 So. 3d 135· Fla. 3d DCA· 2021-09-15 ·cited 1×
  Sarah Hernandez petitions for habeas corpus relief, challenging the trial court's denial of bond on a human trafficking charge involving a 17-year-old victim. The court grants the petition, finding the trial court abused its discretion by denying bond without evidence of specific
• Laurentina Kocik v. Eddy Pablo Rodriguez
  327 So. 3d 318· Fla. 4th DCA· 2021-09-08 ·cited 1×
  A plaintiff-laborer sued a homeowner for injuries sustained when he fell from a ladder after receiving an electrical shock during an unsupervised home renovation project. The jury found both parties negligent and awarded $81,000 for medical bills and $25,000 for pain and sufferin
• Burke v. Burke
  330 So. 3d 84· Fla. 2d DCA· 2021-09-03 ·cited 1×
  An alimony award is reviewed for abuse of discretion and will be affirmed if supported by competent substantial evidence and if no reasonable judge would make a different ruling. The trial court did not abuse its discretion in determining that the former wife was not underemploye
• Tionne Rashad Williams v. State
  324 So. 3d 614· Fla. 1st DCA· 2021-08-20 ·cited 1×
  The appellate court affirmed the trial court's decision to revoke Tionne Rashad Williams' probation. Williams argued that his violation of curfew was not willful and substantial, but the court found sufficient evidence to support the trial court's finding that he knowingly disreg
• Johnson v. State
  321 So. 3d 388· Fla. 3d DCA· 2021-07-21 ·cited 1×
  David Whitmore Johnson appeals his conviction for first-degree murder, attempted first-degree murder, attempted second-degree murder, and shooting or throwing a deadly missile. The sole appellate issue is whether the trial court abused its discretion in denying his motion for mis
• Whitfield v. Haley Breann Meeks & OBO K.M.M.
  324 So. 3d 565· Fla. 1st DCA· 2021-07-15 ·cited 1×
  The appellate court reversed an injunction against dating violence, finding the evidence insufficient to prove imminent danger and that the trial court denied the appellant due process by refusing to allow him to call witnesses. This case highlights the need for sufficient eviden
• Georges v. Avanti Condo. Ass'n
  324 So. 3d 991· Fla. 1st DCA· 2021-07-13 ·cited 1×
  The appellate court affirmed a trial court's decision denying attorney's fees to homeowners who were sued by their condominium association. The court held that the homeowners were not prevailing parties, even though the association voluntarily dismissed its foreclosure action, be
• Bowers v. Tillman
  323 So. 3d 322· Fla. 5th DCA· 2021-06-17 ·cited 1×
  In a personal injury automobile case, the plaintiff Beverly Bowers appealed the trial court's denial of her motion for new trial, arguing the court should have applied a harmless error standard and granted a new trial based on defense counsel misconduct and improper expert testim
• IN the Interest of: Jane DOE vs
  319 So. 3d 184· Fla. 2d DCA· 2021-05-13 ·cited 1×
  The appellate court reversed a lower court's dismissal of a minor's petition for waiver of parental notice for an abortion. The court found the minor had demonstrated sufficient maturity and that notifying her guardian was not in her best interest, despite the lower court's findi
• Mishpaja Shajine, Inc. v. Granada Ins. Co.
  319 So. 3d 762· Fla. 3d DCA· 2021-05-05 ·cited 1×
  A trial court abuses its discretion by denying a defendant's motion to amend its answer to assert an affirmative defense when made at or before a summary judgment hearing, absent a showing that the moving party abused the privilege to amend, the opposing party would be prejudiced
• Gibbs v. Gibbs
  320 So. 3d 870· Fla. 1st DCA· 2021-04-29 ·cited 1×
  The appellate court affirmed the trial court's denial of a former husband's petition to modify alimony and the subsequent order finding him in contempt. The court found the husband failed to prove a substantial, involuntary, and permanent change in circumstances justifying modifi
• Advanced Physical Therapy of Kendall, LLC v. Camrac, LLC
  319 So. 3d 735· Fla. 3d DCA· 2021-04-28 ·cited 1×
  Florida's proposal for settlement statute is inapplicable when parties expressly stipulate that New York law governs the dispute, and a trial court does not abuse its discretion in determining that a PIP case is not of such novel or unique nature as to warrant attorney's fees exc
• Channing Alberto Stewart v. State
  315 So. 3d 756· Fla. 4th DCA· 2021-04-28 ·cited 1×
  Failure to advise a defendant of collateral consequences of a plea, including sexual predator designation and sex offender probation terms, constitutes good cause for pre-sentence plea withdrawal under Florida Rule of Criminal Procedure 3.170(f), and the trial court abused its di
• Vitaliy Kusayev v. Kusayev
  317 So. 3d 132· Fla. 4th DCA· 2021-04-21 ·cited 1×
  A father appeals a trial court's denial of his motion to dismiss for forum non conveniens in a child support action filed by the mother in Broward County, Florida. The appellate court reversed, holding that the trial court abused its discretion by failing to analyze the four Kinn
• Arrington v. Arrington
  316 So. 3d 417· Fla. 1st DCA· 2021-04-20 ·cited 1×
  The appellate court reversed a lower court's modification of child support, finding the former husband failed to prove his reduced income was permanent and unanticipated. The court affirmed other aspects of the lower court's judgment.
• Garmon v. State
  313 So. 3d 1202· Fla. 1st DCA· 2021-03-31 ·cited 1×
  The appellate court affirmed the appellant's convictions, holding that the trial court did not abuse its discretion in excluding testimony that the victim made a prior inconsistent statement. Even if the exclusion was an error, it was harmless due to other corroborating evidence.
• James B. Nutter & Co. v. Est. of Stafford Cosby
  314 So. 3d 772· Fla. 2d DCA· 2021-03-31 ·cited 1×·via Abuse Of Discretion Standard For Continuance
  The appellate court reversed a foreclosure judgment, finding that the trial court abused its discretion by denying an unopposed motion for a continuance. The parties had settled the case, but the trial court proceeded to trial after denying the continuance, leading to the settlem
• Fam. Heritage Life Ins. Co. of Am. v. Combined Ins. Co. of Am.
  319 So. 3d 680· Fla. 3d DCA· 2021-03-24 ·cited 1×
  This case involves an appeal by Family Heritage Life Insurance Company and two former employees of Combined Insurance Company against a temporary injunction. The appellate court affirmed the injunction, finding that the trial court properly applied the legal standards for issuing
• Gilliam v. State
  312 So. 3d 1280· Fla. 1st DCA· 2021-03-17 ·cited 1×
  The appellate court reversed a trial court's denial of a speedy trial discharge motion. The court held that the defendant was arrested for speedy trial purposes when he was taken into custody on an extraditable warrant, even though he was later charged with new offenses and not b
• Armas v. State
  312 So. 3d 1062· Fla. 1st DCA· 2021-03-11 ·cited 1×
  The appellate court affirmed a conviction for first-degree murder, grand theft, and tampering with evidence. The court found no abuse of discretion in denying the defendant's mid-trial request for self-representation, allowing medical examiner testimony, or denying a motion for a
• State v. Hernan Francisco Marin
  319 So. 3d 79· Fla. 3d DCA· 2021-02-24 ·cited 1×
  A partially inaudible recording is admissible if the audible portions are relevant, authenticated, and otherwise properly admissible; the trial court abused its discretion in excluding the recording entirely based on a finding of inaudibility that lacked competent, substantial ev
• Shaw v. Shaw
  311 So. 3d 1037· Fla. 1st DCA· 2021-02-18 ·cited 1×
  The appellate court reversed a trial court's order requiring the former wife to pay her own attorney's fees. While affirming other aspects of the trial court's judgment, the appellate court found that the trial court failed to make the necessary factual findings regarding need, a
• Bova v. State
  311 So. 3d 1000· Fla. 5th DCA· 2021-02-04 ·cited 1×
  Joseph Frank Bova II was convicted of first-degree murder but appealed, arguing the trial court improperly denied his request to represent himself pro se. The Fifth District reversed, holding that the trial court applied an incorrect legal standard—focusing on the competence to e
• Gilligan, Gooding, Batsel & Anderson, P.A. v. Condor Aerial, LLC
  312 So. 3d 168· Fla. 1st DCA· 2021-01-29 ·cited 1×
  The appellate court reversed a trial court's order awarding attorney's fees and costs. The trial court had sanctioned the appellants for repeatedly asking the court to take judicial notice of an unpublished out-of-state opinion to impeach a witness, finding these requests lacked
• Dayes v. Werner Enters., Inc.
  314 So. 3d 718· Fla. 3d DCA· 2021-01-27 ·cited 1×
  A trial court errs when it allows an expert to testify to inadmissible hearsay without affording the opposing party the opportunity to cross-examine the source, and such error is not harmless when the beneficiary of the error cannot prove there is no reasonable possibility the er
• Evena Charles Glevis v. Glevis
  310 So. 3d 525· Fla. 2d DCA· 2021-01-15 ·cited 1×
  The appellate court reviewed a final judgment of dissolution of marriage. While affirming some aspects, it reversed and remanded the case concerning shared parental responsibility, ultimate decision-making authority, and holiday time-sharing due to inconsistencies and lack of fin
• Cuevas v. State
  310 So. 3d 60· Fla. 4th DCA· 2021-01-06 ·cited 1×
  The clergy communications privilege did not apply to the defendant's conversations with his pastor and a church volunteer because neither conversation was made privately and the defendant did not establish that the third parties present were necessary to furtherance of the commun
• Holloway v. State
  313 So. 3d 146· Fla. 1st DCA· 2020-12-10 ·cited 1×
  Joseph L. Holloway appealed his conviction for sexual battery, arguing the trial court wrongly excluded hearsay statements that he claimed showed the victim's consent. The appellate court affirmed, finding the statements did not meet the state-of-mind exception to hearsay rules.
• Christian v. State
  313 So. 3d 725· Fla. 2d DCA· 2020-12-09 ·cited 1×
  The appellate court affirmed a convicted felon's conviction for possessing a firearm but reversed his sentence. The court found the trial judge erred by refusing to provide a special jury instruction defining actual and constructive possession, which was necessary for the jury to
• Fernandez v. Fernandez
  314 So. 3d 543· Fla. 3d DCA· 2020-12-09 ·cited 1×
  The trial court did not abuse its discretion in its alimony and equitable distribution determinations, as competent substantial evidence supported the rulings.
• EL v. State
  308 So. 3d 202· Fla. 4th DCA· 2020-12-09 ·cited 1×
  Carlos Henfield El appeals his marijuana possession convictions on two grounds: ineffective assistance of counsel for failing to raise a speedy trial violation and error in the trial court's approval of a race-based peremptory strike challenge. The appellate court affirmed the co
• Blackboard Specialty Ins. Co. v. Ytech-1428 Brickell, LLC
  314 So. 3d 536· Fla. 3d DCA· 2020-12-09 ·cited 1×
  A petition to confirm an appraisal award is not a permissible pleading under Florida law because no statute or rule specifically authorizes it; the proper procedure requires filing a complaint alleging a viable cause of action against the insurer.
• Noreen Sablotsky v. Gonzalez-Hernandez
  314 So. 3d 477· Fla. 3d DCA· 2020-12-02 ·cited 1×
  A lender who prevails on significant issues in a breach of promissory note and foreclosure action is entitled to recover attorney's fees even if the loan is found to be usurious.
• Magela Belson v. Miller
  314 So. 3d 525· Fla. 3d DCA· 2020-12-02 ·cited 1×
  The appellate court reversed a lower court's order that denied a motion for leave to amend, struck most of the complaint's counts as a sham, and entered summary judgment. The reversal was based on procedural defects in the lower court's proceedings, specifically the failure to co
• Fla. Dep't of Transp. & Kevin J. Thibault v. Tropical Trailer Leasing, LLC
  308 So. 3d 242· Fla. 1st DCA· 2020-11-30 ·cited 1×
  The Florida Department of Transportation appealed a permanent injunction and order to refund tolls granted to Tropical Trailer Leasing. The appellate court reversed, finding the injunction facially defective because Tropical Trailer failed to establish a clear legal right, an ina
• Walding v. State
  307 So. 3d 754· Fla. 4th DCA· 2020-11-12 ·cited 1×·via Abuse Of Discretion Standard For Evidentiary Rulings
  The trial court properly overruled the defendant's objections to cross-examination questions that challenged inconsistencies between his post-arrest statement and trial testimony, as the defendant did not exercise his right to remain silent by providing a statement after arrest.
• ESJ JI Operations, LLC v. Domeck
  309 So. 3d 248· Fla. 3d DCA· 2020-11-04 ·cited 1×
  A trial court satisfies procedural due process requirements when it provides reasonable notice and a meaningful opportunity to be heard at a hearing on attorney's fees entitlement, even without multiple evidentiary hearings.
• Shan Frogel v. Philip Morris USA Inc.
  305 So. 3d 793· Fla. 4th DCA· 2020-10-28 ·cited 1×
  A trial court abuses its discretion by dismissing prospective jurors for cause based entirely on written questionnaire responses without permitting oral examination by counsel, unless the record conclusively establishes that the jurors cannot be impartial. Florida Rule of Civil P
• Thurston v. State
  307 So. 3d 714· Fla. 4th DCA· 2020-10-28 ·cited 1×
  The trial court properly admitted the victim's testimony regarding Muff's out-of-court identification of the appellant by name because the statement was not hearsay, as it was offered to show how the victim learned the suspect's identity rather than to prove the truth that the pe
• Elisol ST LOT v. State
  306 So. 3d 1231· Fla. 4th DCA· 2020-10-28 ·cited 1×
  A trial court does not abuse its discretion in admitting a child victim's out-of-court statements describing sexual abuse under § 90.803(23) when the court finds sufficient reliability safeguards through a totality of circumstances analysis and corroborating evidence exists. A tr
• Castillo Grand Residences Condo. Assoc. Inc. v. Stern
  304 So. 3d 23· Fla. 4th DCA· 2020-10-21 ·cited 1×
  The appellate court reversed a temporary injunction, finding it legally deficient because it failed to specify the factual reasons for its issuance, describe the required actions in detail, and mandate a bond. The court remanded the case for further proceedings to ensure complian
• Tallahassee Hous. Auth. v. Prather
  304 So. 3d 403· Fla. 1st DCA· 2020-10-13 ·cited 1×
  The appellate court reversed a trial court's order granting a new trial. The trial court had incorrectly interpreted a prior case to mean it was "bound" to grant a new trial due to a limitation on voir dire questioning, when in fact the prior case was factually distinguishable an
• Q.H. c/o AMY Hill v. Sunshine State Health Plan, Inc.
  307 So. 3d 1· Fla. 4th DCA· 2020-10-07 ·cited 1×·via Abuse Of Agency Discretion
  The AHCA's prior authorization criteria for growth hormone treatment cannot be applied rigidly as the sole measure of medical necessity under EPSDT; instead, EPSDT requires individualized review of each child's particular needs and circumstances, taking into account the treating
• Tumblin v. State
  302 So. 3d 914· Fla. 4th DCA· 2020-09-02 ·cited 1×
  A trial court does not abuse its discretion in allowing a crime victim to remain in the courtroom during opening statements, as opening statements are not evidence subject to the rule of sequestration, and the defense failed to establish prejudice where the victim testified early
• Quanisha Harris v. In re Est. of Willie Harris
  307 So. 3d 821· Fla. 3d DCA· 2020-09-02 ·cited 1×
  The appellate court affirmed an order awarding attorney's fees and costs for the administration of an estate. The court found that the fee award was supported by competent substantial evidence and that the trial court did not abuse its discretion.