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

• Devengoechea v. Bolivarian Republic of Venezuela
  11th Cir.· 2026-08-18
  When a foreign state fails to comply with court orders in circumstances that would trigger a default judgment, the plaintiff must follow 28 U.S.C. § 1608(e) and Federal Rule of Civil Procedure 55 to obtain a default judgment, rather than proceeding to trial in absentia. Section 1
• Goosby v. The Bank of N.Y. Mellon
  Fla. 3d DCA· 2026-08-13
  A trial court does not abuse its discretion in denying a motion to set aside a foreclosure sale or a motion for rehearing that raises issues that could have been raised earlier.
• Blakely v. State
  Fla. 1st DCA· 2026-08-12
  A trial court does not abuse its discretion in admitting a late-disclosed photograph of a defendant's distinctive tattoo when the defendant suffered no prejudice because he could have been required to display the tattoo at trial.
• Citizens Prop. Ins. Corp. v. Oppenheimer
  Fla. 3d DCA· 2026-08-12
  When a defendant serves successive § 57.105 safe-harbor notices raising the same grounds, the last notice controls and affords the plaintiff a final opportunity to avoid sanctions. A plaintiff's timely voluntary dismissal within the 21-day safe-harbor period following the later n
• Jeremias Medrado Pasqual-Andres v. U.S. Attorney General
  11th Cir.· 2026-08-04
  An EOIR complaint satisfies the third prong of Lozada's procedural requirements for ineffective assistance of counsel claims, as the EOIR is an appropriate disciplinary authority under the plain language of Lozada and the 2009 regulatory enhancements to EOIR's disciplinary framew
• United States v. Hernandez
  11th Cir.· 2026-07-31
  Although a district court abused its discretion by allocating unequal closing argument time based solely on the government's burden of proof, the error was harmless where the defendant received sufficient time to present her main defenses and the evidence of guilt was overwhelmin
• Cosby v. State
  Fla. 3d DCA· 2026-07-29
  The trial court did not abuse its discretion in admitting a photograph of the defendant posing with a 9mm handgun where multiple factors established a nexus between the photograph and the charged crimes, including the victims' fatal shooting with an unrecovered 9mm gun, 9mm ammun
• Jaheim Nixon v. State
  Fla. 1st DCA· 2026-07-29 ·via Abuse Of Discretion Standard For Evidentiary Rulings
  A trial court does not abuse its discretion in admitting a witness's prior consistent statements under Florida Statute § 90.801(2)(b) when the defense's cross-examination implicitly charges the witness with recent fabrication motivated by a desire for a plea deal, and the prior s
• Torbit v. State
  Fla. 1st DCA· 2026-07-29 ·via Abuse Of Discretion Standard For Evidentiary Rulings
  Section 90.404(2)(c), Florida Statutes, by its express terms applies only to evidence of the defendant's own sexual offenses and does not permit a defendant to introduce evidence of sexual offenses committed by third parties under a 'reverse Williams rule.' Even if such evidence
• Shary Ask v. Farhad Askarian
  Fla. 3d DCA· 2026-07-23
  A trial court does not abuse its discretion in striking pleadings as a sanction for discovery violations when the record demonstrates repeated and willful noncompliance with discovery orders.
• Universal Prop. & Cas. Ins. Co. v. Karmo
  Fla. 1st DCA· 2026-07-22
  A jury verdict for economic damages must rest on evidence providing a reasonable basis for determining a definite amount and cannot be supported by speculation or guesswork. The trial court abused its discretion in denying remittitur when the jury's award of $335,000 in RCV or $3
• Dimo Veselinov Panov v. Panova
  Fla. 3d DCA· 2026-07-22
  An internal inconsistency in a final judgment regarding passport custody warrants reversal and remand for clarification.
• Vlaunir Jimenez Da Silva v. Labriola
  Fla. 3d DCA· 2026-07-22
  The trial court abused its discretion by awarding the Wife entitlement to attorney's fees and costs without conducting an evidentiary hearing to determine need and ability to pay, as required by section 61.16, Florida Statutes. The trial court did not abuse its discretion in deny
• Evin A. Figueroa Hernandez v. State
  Fla. 3d DCA· 2026-07-22 ·via Abuse Of Discretion Standard For Trial Court Rulings
  The trial court did not abuse its discretion in admitting DNA evidence where the analyst testified to standard procedures, peer review, and general acceptance in the scientific community, and the multiple counts did not violate double jeopardy because each count charged a distinc
• Evin A. Figueroa Hernandez v. State
  Fla. 3d DCA· 2026-07-22 ·via Abuse Of Discretion Standard For Trial Court Rulings
  The trial court did not abuse its discretion in admitting DNA evidence where the analyst testified to standard procedures, peer review, and general acceptance in the scientific community, and the multiple counts did not violate double jeopardy because each count charged a distinc
• Gordon v. Vinci & Stella Vinci V. Lake Lizzie Reserve Homeowners Ass'n, Inc.
  Fla. 6th DCA· 2026-07-17
  A mandatory injunction must include clear, definite, and unequivocally sufficient factual findings supporting each of the four required elements, as mandated by Florida Rule of Civil Procedure 1.610(c).
• Universal X Rays v. Infinity Auto Ins. Co.
  Fla. 3d DCA· 2026-07-16
  A party cannot evade procedural filing requirements by arguing that a trial court abused its discretion in enforcing the plain language of civil procedure rules.
• Foster v. State
  Fla.· 2026-07-16 ·via Abuse Of Discretion Standard For Evidentiary Rulings
  The postconviction court's credibility determination that the witness Henderson was not coerced into testifying falsely was supported by competent, substantial evidence, and therefore Foster failed to establish Brady and Giglio violations. The circuit court did not abuse its disc
• Sanders v. State
  Fla. 3d DCA· 2026-07-16
  A trial court's finding of willful and substantial probation violation is reviewed for competent, substantial evidence, and the decision to revoke probation is reviewed for abuse of discretion.
• Alfaro v. Marrero
  Fla. 3d DCA· 2026-07-15
  A trial court's denial of a motion for new trial is reviewed for abuse of discretion, and the nonprevailing party must establish that no reasonable person would adopt the trial court's view.
• Lobo v. State
  Fla. 3d DCA· 2026-07-15
  The trial court did not abuse its discretion in its jury selection, evidentiary rulings, and handling of trial proceedings in a capital murder case.
• THE Bank OF NEW York v. Henry
  Fla. 6th DCA· 2026-07-10
  A party seeking to set aside a judicial foreclosure sale must prove both an adequate equitable factor (such as irregularity, gross inadequacy of consideration, surprise, accident, or mistake) and that the factor resulted in injustice to the complaining party; mere proof of an equ
• Publix Supermarkets, Inc. v. Jonida Goga
  Fla.· 2026-07-09
  Appellate courts reviewing a trial court's dismissal for fraud on the court must apply traditional standards of review: de novo review to the trial court's legal conclusions regarding whether fraud occurred, competent substantial evidence review to its factual findings regarding
• Urrea v. Koplow
  Fla. 3d DCA· 2026-07-09
  A motion for relief from judgment under Rule 1.540(b)(5) must be filed within a reasonable time after the judgment is entered, and the trial court did not abuse its discretion in denying the untimely motion.
• Yudovich v. Inv. 1611, LLC
  Fla. 3d DCA· 2026-07-09
  A trial court does not abuse its discretion by denying a motion for rehearing when the movant raises new arguments that could have and should have been raised prior to entry of summary judgment.
• Broderick v. Ingleton
  Fla. 3d DCA· 2026-07-09
  Findings of fact derived from an evidentiary hearing may not be disturbed on appeal unless shown to be unsupported by competent and substantial evidence or to constitute an abuse of discretion, and conclusory allegations of fraud are insufficient to invalidate an agreement freely
• United States v. Brillhart
  11th Cir.· 2026-07-09 ·via Abuse Of Discretion Standard For Evidentiary Rulings
  Google's hash-value matching protocol qualifies as a valid private search under the Fourth Amendment because it provides virtual certainty that law enforcement will discover nothing materially new about the file's contents, and the government's subsequent warrantless visual inspe
• Merco Grp. at Akoya, Inc. v. Gen. Computer Servs., Inc.
  Fla. 3d DCA· 2026-07-08
  A trial court abuses its discretion in denying a remittitur motion when a jury awards damages unsupported by evidence; here, GCS failed to prove it paid amounts under the Salas and Barcena contracts, so the maximum recoverable damages were limited to out-of-pocket expenses of $10
• Tavon Graham v. State
  Fla. 3d DCA· 2026-07-08
  A trial court does not abuse its discretion by instructing a jury to specify which portions of witness testimony it wishes to hear during a read-back request, even when the jury has already identified the witnesses by name. Such instruction complies with the requirement to inform
• Merco Grp. at Akoya, Inc. v. Gen. Computer Servs., Inc.
  Fla. 3d DCA· 2026-07-08
  A trial court abuses its discretion in denying a remittitur motion when a jury verdict for damages is unsupported by evidence, particularly where the plaintiff failed to prove it actually incurred the expenses claimed under contracts. The maximum recoverable damages must be limit
• Robertaud Toussaint v. Universal Prop. & Cas. Ins. Co.
  Fla. 3d DCA· 2026-07-01
  When conflicting evidence is presented at trial regarding insurance coverage for ensuing damage, the trial court does not abuse its discretion in denying a motion for new trial.
• Castaneda v. Portfolio Recovery Assocs., LLC
  Fla. 4th DCA· 2026-06-24
  A default judgment is void when substitute service is made upon a person who does not reside at the defendant's usual place of abode, as required by Florida Statute § 48.031(1)(a). The judgment may be vacated at any time because it was entered without valid service of process.
• Universal Prop. & Cas. Ins. Co. v. Dameras
  Fla. 3d DCA· 2026-06-24 ·via Abuse Of Discretion Standard For Fee Awards
  The trial court properly calculated the lodestar amount but erred in applying a 2.5 contingency multiplier without competent substantial evidence that the relevant market required such a multiplier to obtain competent counsel, and erred in awarding costs for non-testifying expert
• Braggs v. Comm'r, Ala. Dep't of Corr.
  11th Cir.· 2026-06-24 ·via Abuse Of Discretion Standard For Injunctions
  The district court properly found the DOC liable for Eighth Amendment deliberate indifference based on systemic deficiencies in mental health care that effectively denied inmates access to constitutionally adequate care, without requiring renewed liability findings at the remedia
• Isiah Rashad Moore v. State
  Fla. 3d DCA· 2026-06-24 ·via Abuse Of Discretion Standard For Evidentiary Rulings
  Testimony regarding general criminal behavior patterns comparing a defendant's conduct to similar acts by other criminals is relevant and admissible when the defendant's defense theory opens the door to such evidence, and such testimony does not constitute fundamental error when
• Sasser v. Joleen Sasser
  Fla. 6th DCA· 2026-06-19
  A trial court abuses its discretion and errs in calculating prejudgment interest when it relies on testimony that lacks a foundation in personal knowledge and is based on documents that were properly excluded as inadmissible hearsay. Prejudgment interest awards must be supported
• Golliner v. Golliner
  Fla. 2d DCA· 2026-06-19
  Bridge-the-gap alimony was improper because the trial court failed to identify a legitimate, identifiable short-term need supported by competent substantial evidence; instead, durational alimony was appropriate for this moderate-length marriage. The trial court abused its discret
• United States v. Spearman
  11th Cir.· 2026-06-18
  The district court did not abuse its discretion in denying Spearman's motion to suppress without an evidentiary hearing because Spearman failed to allege sufficiently concrete and specific facts showing that FBI participation in the FLEA's search rose to the level of a "joint ven
• Oval v. Aura Felipa Leal
  Fla. 3d DCA· 2026-06-18
  A trial court's equitable distribution determination in a dissolution of marriage proceeding is reviewed for abuse of discretion and will be affirmed where substantial competent evidence supports the trial court's findings and the court exercised independent judgment.
• Wirlen Antigua v. Diony Antigua
  Fla. 3d DCA· 2026-06-18
  Findings of fact from an evidentiary hearing may not be disturbed on appeal unless unsupported by competent and substantial evidence or constituting an abuse of discretion, while legal conclusions are reviewed independently.
• Walters v. State
  Fla. 3d DCA· 2026-06-17
  A trial court order declaring a pro se litigant a vexatious litigant under section 68.093 and requiring security to continue litigation is reviewable as an injunction and was properly entered where the litigant filed forty-five pro se cases within seven years that were finally an
• RM & Assocs. Consulting, Inc. v. People's Tr. Ins. Co.
  Fla. 4th DCA· 2026-06-17
  A trial court's award of appellate attorney's fees must be supported by competent substantial evidence demonstrating that the hours claimed were reasonably and necessarily expended, and cannot rest on conclusory testimony, generalized characterizations of complexity, or evidence
• Jethrow Davila v. State
  Fla. 5th DCA· 2026-06-12
  A trial court abuses its discretion by denying a petition to seal a criminal record without stating specific reasons based on all the facts and circumstances of the case.
• Cathi Celeste Bruce v. Bruce
  Fla. 4th DCA· 2026-06-10
  Per curiam affirmances (PCAs) are a legitimate and necessary appellate disposition method appropriate for cases presenting no reversible error and raising only routine applications of settled law. PCAs serve important institutional functions including judicial economy, preservati
• Equal Ground Educ. Fund, Inc. v. Sec'y, Fla. Dep't of State
  Fla.· 2026-06-10
  The Florida Supreme Court lacks jurisdiction to grant a constitutional writ to intervene in a First District Court of Appeal's pending appeal of a trial court's order denying a temporary injunction, as the doctrine of all writs does not provide an independent basis for the Court'
• Judkins v. State
  Fla. 1st DCA· 2026-06-03 ·via Abuse Of Discretion Standard For Evidentiary Rulings
  An audio recording of oral communications made surreptitiously in a home without the knowledge or consent of the speakers qualifies as a protected "oral communication" under Florida Statutes § 934.03 and is inadmissible in evidence, regardless of whether the speaker had a reasona
• Sackett v. Tubero
  Fla. 4th DCA· 2026-06-03
  A trial court must apply the federal lodestar method when awarding attorney's fees and must articulate specific findings concerning hourly rates, hours reasonably expended, and any reduction factors; the court cannot reduce fees based solely on its independent research of an atto
• Scheen v. Drozdovitch
  Fla. 4th DCA· 2026-06-03
  A trial court errs by including dissipated retirement assets in equitable distribution without finding intentional misconduct, and by ordering refinancing of a marital home without directing a result if the obligated party fails to refinance.
• Deedra Artis v. Stephens
  Fla. 4th DCA· 2026-06-03
  A cotenant who makes foreclosure payments to cure another cotenant's breach of an unequal expense-sharing agreement is entitled to full reimbursement, but a cotenant ousted from property is entitled to compensation measured by the reasonable rental value of the subject property,
• United States v. Smith
  11th Cir.· 2026-06-02
  A defendant's youth at the time of offense and rehabilitation while incarcerated do not constitute extraordinary and compelling reasons for compassionate release under 18 U.S.C. § 3582(c)(1)(A), and a non-retroactive amendment to the Sentencing Guidelines cannot support a finding