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

• Cyphers v. Cyphers
  373 So. 2d 442· Fla. 2d DCA· 1979-08-01 ·cited 1×
  In a divorce case, the husband appealed the trial court's judgment awarding the wife periodic alimony of $500 per month, an automobile with paid indebtedness, medical insurance contributions, and essentially all jointly-held furniture. The appellate court affirmed the alimony and
• Kelly v. Kelly
  361 So. 2d 428· Fla. 4th DCA· 1978-06-21 ·cited 1×
  This case concerns a husband's attempt to modify a 1969 divorce judgment regarding alimony, child support, and exclusive possession of the marital home. The appellate court affirmed the trial court's partial modification, finding jurisdiction to alter alimony and upholding the co
• Fieldbinder v. Hill
  356 So. 2d 1292· Fla. 1st DCA· 1978-03-22 ·cited 1×
• Lamberti v. State
  338 So. 2d 909· Fla. 3d DCA· 1976-11-02 ·cited 1×
  Florida appellate court affirmed denial of new trial where defendant failed to establish Brady violation or newly discovered evidence warranting reversal under United States v. Agars.
• Orange Cnty. v. Butler Ests. Corp.
  328 So. 2d 864· Fla. 4th DCA· 1976-03-19 ·cited 1×
  Orange County appeals a trial court order requiring it to rezone property to permit at least 16 dwelling units per gross acre. The court reverses, holding that the zoning authority's decision to approve 6.1 units per acre was a fairly debatable exercise of discretion and did not
• AIR Line Pilots Ass'n v. Civil Aeronautics Bd.
  511 F.2d 1346· D.C. Cir.· 1975-04-23 ·cited 1×
  The court held that the Civil Aeronautics Board did not abuse its discretion by refusing to attach labor protective conditions to its order.
• Dolphin Plumbing Co. OF Fla., Inc. v. The Fin. Corp. OF N. Am.
  508 F.2d 1326· 5th Cir.· 1975-02-27 ·cited 1×
  The court held that the district court did not abuse its discretion in denying FINCO's motion to set aside the default and default judgment.
• Colbert v. State
  299 So. 2d 142· Fla. 1st DCA· 1974-07-23 ·cited 1×
• Randle v. Randle
  274 So. 2d 557· Fla. 3d DCA· 1973-03-06 ·cited 1×
• Stewart v. Stewart
  231 So. 2d 230· Fla. 3d DCA· 1970-02-10 ·cited 1×
  The court held that the trial judge did not abuse discretion by not ordering the husband to make mortgage payments on the marital home, leaving the decision to the wife.
• Materials OF Miami, Inc. v. Matthews
  227 So. 2d 524· Fla. 3d DCA· 1969-11-04 ·cited 1×
  The appellate court affirmed the trial court's order granting a new trial on damages, finding no abuse of discretion.
• Adams v. Adams
  207 So. 2d 7· Fla. 1st DCA· 1968-02-20 ·cited 1×
  Martha Jane Adams appealed a divorce decree that awarded her the divorce, child custody, child support, and alimony. The appellate court affirmed the trial court's awards for alimony and child support, as well as the limitation on taking the minor child out of state, finding no a
• Jobe v. Jackson Malcolm Jobe
  202 So. 2d 791· Fla. 1st DCA· 1967-10-05 ·cited 1×
  The appellate court affirmed a lower court's decision awarding custody of a child to the father in a divorce case, finding sufficient evidence supported the decision and that the lower court did not abuse its discretion.
• Wagner v. Thigpen
  190 So. 2d 612· Fla. 1st DCA· 1966-10-06 ·cited 1×
  This case involves an appeal from a denial of a motion for a new trial in an automobile negligence case. The appellants, as the losing plaintiffs, sought a new trial based on newly discovered evidence from an eyewitness. The appellate court affirmed the lower court's decision, fi
• VonZAMFT v. Morton
  185 So. 2d 726· Fla. 3d DCA· 1966-05-03 ·cited 1×
  This case involves an appeal from a judgment on a counterclaim after the plaintiff voluntarily dismissed his complaint. The appellant argued he was denied his day in court because the trial court denied his request for an adjournment on the final day of the trial.
• Fontainebleau Hotel Corp. v. Goddard
  177 So. 2d 555· Fla. 3d DCA· 1965-06-30 ·cited 1×
  The court held that the trial court did not abuse its discretion in allowing a jury trial despite a late demand and in denying a request to view the property.
• The Houston Corp. v. Hofmann
  161 So. 2d 243· Fla. 3d DCA· 1964-03-03 ·cited 1×
  The trial court had jurisdiction to set aside a final judgment and relieve the plaintiff of default within a reasonable time, regardless of whether the original dismissal order was final or interlocutory, and properly extended the time for filing an amended complaint under Florid
• Martin v. Martin
  145 So. 2d 556· Fla. 3d DCA· 1962-10-16 ·cited 1×
  The Florida District Court of Appeal, Third District, affirmed a decree for alimony and child support after the Supreme Court remanded the case for consideration of the merits. The appellate court found no clear abuse of discretion by the chancellor in making the awards.
• Morrison v. Morrison
  136 So. 2d 30· Fla. 3d DCA· 1962-01-04 ·cited 1×
  In this interlocutory appeal, Dorothy Morrison challenged a presiding judge's order reassigning her petition for modification of a divorce decree to the original judge who had entered the initial divorce decree. The court held that the presiding judge had discretion under circuit
• Ritchie v. Flour Mills OF Am., Inc.
  122 F.2d 986· 8th Cir.· 1941-10-16 ·cited 1×·via Abuse Of Discretion Standard On Appeal
  The court held that the trial court did not abuse its discretion in awarding partial compensation and expenses to an attorney for a creditors' committee in a reorganization proceeding.
• Reybel Hernandez v. Barclays Mortg. Tr. 2022-RPL1
  Fla. 3d DCA· 2026-10-28 ·via Gross Abuse Of Discretion
  Hernandez failed to preserve his arguments for appellate review by not raising them in his motion below, and even if preserved, the arguments do not establish reversible error because Barclays satisfied Florida law by filing a certification and copy of the note with the complaint
• Williams v. State
  Fla. 1st DCA· 2026-10-28
  The trial court did not commit reversible error in finding no discovery violation regarding a late-delivered video interview of the driver-accomplice, because the State had disclosed the interview's existence and a summary of its contents to the defense long before trial, and a f
• Garcia v. Garcia
  Fla. 5th DCA· 2026-10-23 ·via Abuse Of Discretion Standard For Fee Awards
  A trial court may award attorney's fees based on a spouse's bad faith conduct during litigation, but must provide specific findings regarding the hourly rate, hours expended, and the portion of fees occasioned by the misconduct.
• Wilder v. State
  Fla. 3d DCA· 2026-10-23
  A trial court's denial of a defense motion for continuance in a criminal case is not subject to review by writ of certiorari but rather by plenary appeal.
• Citizens Prop. Ins. Corp. v. Rosanna Weber
  Fla. 3d DCA· 2026-10-21
  A trial court may award a contingency fee multiplier to counsel when supported by competent, substantial evidence, but post-judgment interest must be calculated at a variable rate adjusted annually under Florida Statute § 55.03(3), not at a constant fixed rate.
• Syed Imran Ali v. Saba Shoukat
  Fla. 5th DCA· 2026-10-16
  Bridge-the-gap alimony requires the requesting party to present evidence of legitimate identifiable short-term needs and the specific time period for which such assistance is needed, and the trial court cannot substitute case law precedent for this factual showing.
• Gallardo v. State
  Fla. 3d DCA· 2026-10-14
  When a trial court denies a timely Rule 3.850 motion for postconviction relief as legally insufficient, it must allow the defendant at least one opportunity to amend the motion rather than summarily denying it.
• Velazquez v. State
  Fla. 1st DCA· 2026-10-07
  Polygraph results are inadmissible as evidence in violation of probation proceedings, but admissions made by a probationer in response to questioning derived from those results are admissible because the statutory prohibition applies only to the results themselves and only to the
• Dejah Tamir Johnson v. Rollins
  Fla. 4th DCA· 2026-10-07 ·via Abuse Of Discretion Standard For Continuance
  A general magistrate abuses her discretion by denying a timely-filed motion for continuance when the magistrate fails to rule on or hear the motion until the date and time set for trial, effectively preventing the movant from obtaining relief even if the motion has merit, particu
• Smith v. State
  Fla. 1st DCA· 2026-10-07
  A petitioner seeking a writ of prohibition to assert self-defense immunity under section 776.032, Florida Statutes, must show clearly and conclusively, without a good faith dispute, that he was justified in the use of force.
• Marshall v. State
  Fla. 5th DCA· 2026-10-05
  A trial court errs in revoking probation when findings of violation are based solely on hearsay evidence unsupported by non-hearsay evidence, and when an alleged false statement to a probation officer is made before the underlying conduct allegedly establishing its falsity occurs
• Rory Alexander Hunt v. State
  Fla. 3d DCA· 2026-10-01
  A trial court may order restitution under Florida law unless it finds clear and compelling reasons not to do so, and may consider hearsay evidence with minimal indicia of reliability to determine the restitution amount.
• Cabrera v. Abilio Andres Ortega Cabrera
  Fla. 3d DCA· 2026-09-30
  A trial court does not abuse its discretion in ordering a plaintiff to submit to a physical examination in the county where the accident occurred, even if the plaintiff has relocated, when the defendant agrees to pay the plaintiff's reasonable travel expenses.
• Fla. Ins. Guar. Ass'n, Inc. v. Restore All LLC
  Fla. 4th DCA· 2026-09-30
  A default judgment is void when a trial court enters default without serving notice of the application for default on a party that has filed any document in the action, including a notice of appearance, as required by Florida Rule of Civil Procedure 1.500(b).
• Gwynn v. Johnson
  Fla. 4th DCA· 2026-09-30
  A trial court does not abuse its discretion in denying a motion for reconsideration or rehearing that raises an issue which could have been, but was not, raised in the initial motion or hearing.
• Julnord Saint Louis v. State
  Fla. 4th DCA· 2026-09-30 ·via Abuse Of Discretion Standard For Evidentiary Rulings
  A lay witness with personal knowledge of a discrete cultural group's common superstitions may testify about those beliefs when the testimony is based on the witness's personal knowledge and does not require specialized expertise, provided the witness has adequate foundation throu
• Foster v. State
  Fla.· 2026-09-24 ·via Abuse Of Discretion Standard For Evidentiary Rulings
  The postconviction court's credibility determination that Henderson's testimony was not coerced and was truthful regarding Foster's premeditated intent was supported by competent, substantial evidence, and therefore Foster failed to establish Brady and Giglio violations. The circ
• Ladaniel D. Kafus v. State
  Fla. 6th DCA· 2026-09-18
  A probation revocation based on curfew violations cannot be sustained without competent, substantial evidence that the violations were willful, meaning the defendant failed to make reasonable efforts to comply.
• Irama Valdes v. In re Est. of Andres Jesus Capetillo
  Fla. 3d DCA· 2026-09-17 ·via Abuse Of Discretion Standard For Fee Awards
  A probate court's award of attorney's fees is reviewed for abuse of discretion, and such an award will be affirmed if the court considered the nature of services rendered, their necessity, and the reasonableness of the charges.
• Mueller v. Walmart Corp.
  11th Cir.· 2026-09-16
  A district court does not abuse its discretion by exercising supplemental jurisdiction over some state-law claims while declining jurisdiction over others after dismissing all federal claims; such claim-by-claim assessment is permitted by 28 U.S.C. § 1367(c) and is not a per se a
• Keller v. Keller
  Fla. 3d DCA· 2026-09-16
  A party seeking to dissolve an injunction must demonstrate a change in circumstances such that continuation of the injunction would serve no valid purpose, and incarceration alone does not satisfy this burden when the injunction's prohibitions on indirect contact remain enforceab
• Swift v. Poitras
  Fla. 6th DCA· 2026-09-10
  The trial court did not abuse its discretion in awarding retroactive child support, but it erred in calculating the amount by: (1) crediting Father with tax deductions he did not actually pay; (2) awarding Father overnight timesharing credit for visits to Mother's home where he w
• Evgrafova v. In re The Est. of Tamara McKeehan
  Fla. 3d DCA· 2026-09-09
  A trial court abuses its discretion by excluding expert testimony or a party's testimony based solely on bias or financial interest, which go to credibility rather than admissibility. A personal representative is entitled to a full evidentiary hearing on compensation petitions an
• Rivera v. Leidimar C. Lopes
  Fla. 4th DCA· 2026-09-02 ·via Abuse Of Discretion Standard For Trial Court Rulings
  Once evidence is properly excluded under the rules of evidence, it does not legally exist for jury consideration, and opposing counsel may argue its absence without committing reversible error. Although the defendant's categorical assertion that no one from Family Medical Group h
• Toledano v. Alvarez
  Fla. 3d DCA· 2026-09-02
  A trial court's ratification of a general magistrate's recommended order for father-son reunification timesharing is affirmed when the magistrate's factual findings are supported by competent, substantial evidence.
• Stout v. Cassity
  Fla. 2d DCA· 2026-08-28 ·via Abuse Of Discretion Standard For Evidentiary Rulings
  A trial court abuses its discretion by denying a motion for post-verdict juror interview when the moving party establishes that a juror concealed material information during voir dire, the information is relevant to jury service, and the concealment was not attributable to the mo
• Dominguez v. Suarez
  Fla. 3d DCA· 2026-08-26
  Partition by sale is a matter of right for co-owners of indivisible property when the statutory prerequisites are met and no recognized defense applies; a trial court abuses its discretion by denying partition and imposing an alternative remedy not framed by the pleadings and uns
• Galguera v. Avila
  Fla. 3d DCA· 2026-08-26
  An appellant's failure to provide a transcript of the evidentiary hearing precludes appellate review of whether the trial court abused its discretion in granting a domestic violence injunction.
• Citizens Prop. Ins. Corp. v. Suarez
  Fla. 3d DCA· 2026-08-19
  An insurance company's nominal settlement offer is made in good faith when the offeror has a reasonable foundation for the offer based on the insured's breach of policy conditions, such as failure to provide prompt notice and failure to submit required documents. The focus of the
• Velie v. Walmart Stores E., LP
  Fla. 4th DCA· 2026-08-19
  An order granting a new trial must be supported by a record demonstrating that complained-of conduct prejudiced the moving party and resulted in a miscarriage of justice; isolated incidents cured by prompt judicial action, limited non-substantive juror discussions, and absence of