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

• Bassett v. Morine
  Fla. 2d DCA· 2026-05-29
  A trial court does not abuse its discretion in granting remittitur when a jury's damages award for future medical expenses is not supported by evidence presented at trial with reasonable certainty, even if a document in the record could theoretically support a higher figure if in
• Foster v. Yamaurys Pulido Jimenez
  Fla. 3d DCA· 2026-05-27
  A motion for directed verdict should not be granted when conflicting evidence exists or different reasonable inferences may be drawn, as such factual disputes must be resolved by the jury.
• Ceglio v. Womer
  Fla. 4th DCA· 2026-05-27
  A personal representative who conducts a reasonably diligent search of the decedent's financial records, mail, and personal papers, and searches public records for judgments, satisfies the statutory duty to identify reasonably ascertainable creditors even if she does not search c
• Madden v. State
  Fla. 1st DCA· 2026-05-27
  The trial court did not abuse its discretion in admitting photographs of the crash scene that incidentally showed a Confederate flag tag on Madden's vehicle because the photos were relevant to illustrate the point of impact and damage, less prejudicial alternatives were unavailab
• Thomas v. Cyprex Holdings, LLC
  Fla. 5th DCA· 2026-05-22
  A trial court abuses its discretion when it dismisses a complaint for failure to comply with a court order without making express written findings of fact regarding the Kozel factors and without finding that the conduct was willful or deliberate. Dismissal is the most severe sanc
• Ellis v. E. Coast Cooling Tower, Inc.
  Fla. 5th DCA· 2026-05-22
  A trial court abuses its discretion by dismissing a case under Florida Rule of Civil Procedure 1.070(j) for failure to timely effect service of process when service of process was obtained prior to the hearing on the motion to dismiss and the statute of limitations has run, preve
• Ferguson v. The Republic of Trinidad & Tobago
  Fla. 3d DCA· 2026-05-20 ·via Abuse Of Discretion Standard For Fee Awards
  The trial court did not abuse its discretion in admitting billing records under the business records exception based on an affidavit from the Republic's Attorney General establishing the foundational requirements of section 90.803(6), Florida Statutes. The attorney fee award of $
• Sturridge v. State
  Fla. 4th DCA· 2026-05-20
  A dual-jury procedure is an appropriate method to address Bruton problems in joint trials, provided the trial court takes great care to ensure each jury hears only evidence relevant to its assigned defendant. The circuit court did not abuse its discretion in implementing such a p
• Umana v. MRG Glazing Contractors, Inc.
  Fla. 3d DCA· 2026-05-20
  An appellant's failure to furnish a transcript of the fee hearing prevents meaningful appellate review and results in affirmance of the trial court's attorney's fees award.
• Dana Ent., Inc. v. Tucan & Baru Brickell, LLC
  Fla. 3d DCA· 2026-05-20
  The trial court abused its discretion by appointing a receiver without notice, hearing, or sworn evidence; without findings of fact or explanation of irreparable harm; and without setting an adequate bond. The appointment violated Florida Rule of Civil Procedure 1.610 and was rev
• Carballo v. State
  Fla. 3d DCA· 2026-05-20
  A trial court abuses its discretion by denying peremptory challenges based on a finding of pretext when the record is devoid of relevant circumstances supporting that conclusion and the proponent has offered facially race-neutral explanations such as prior jury service.
• Doe v. Young Men's Christian Ass'n of the Suncoast, Inc.
  Fla. 2d DCA· 2026-05-15 ·via Abuse Of Discretion Standard For Denying Leave To Amend
  The trial court abused its discretion by dismissing with prejudice the parents' loss of filial consortium and breach of contract claims, as these claims had not been previously amended and dismissal would not prejudice the defendants or be futile. The trial court properly dismiss
• Sasha Benlolo v. Levy
  Fla. 3d DCA· 2026-05-13
  An appellate court must affirm a final judgment in a dissolution of marriage case when the appellant fails to provide transcripts of the trial proceedings and does not demonstrate that the judgment is fundamentally erroneous on its face.
• Manago v. State
  Fla. 5th DCA· 2026-05-12 ·via Abuse Of Discretion Standard For Evidentiary Rulings
  Prison disciplinary records reflecting violations found under a preponderance of the evidence standard in administrative proceedings are admissible at resentencing and do not violate due process when used to assess a defendant's potential for rehabilitation under section 921.1401
• Munnerlyn v. State
  Fla. 5th DCA· 2026-05-08 ·via Abuse Of Discretion Standard For Evidentiary Rulings
  A trial court abuses its discretion by admitting a police officer's testimony that plastic sandwich bags are typically used by drug dealers to separate larger quantities of marijuana into predetermined sizes for sale. Such testimony constitutes inadmissible general criminal behav
• Simon v. State
  Fla. 6th DCA· 2026-05-08 ·via Abuse Of Discretion Standard For Continuance
  A trial court does not abuse its discretion in denying a continuance to obtain witnesses when the defendant fails to request such continuance at trial and fails to establish prior diligence, substantially favorable testimony, witness availability and willingness, and material pre
• Medrano-Chavez v. State
  Fla. 3d DCA· 2026-05-06 ·via Abuse Of Discretion Standard For Evidentiary Rulings
  The trial court abused its discretion by overruling the defense's objection to Detective Tabares' testimony that the victim's demeanor was "genuine," which invaded the jury's exclusive province to assess credibility, and the State failed to establish the error was harmless beyond
• State v. Paul
  Fla. 3d DCA· 2026-05-06
  A trial court does not abuse its discretion when it grants a motion to suppress after the State fails to show due diligence in securing witness testimony by not contacting officers, confirming attendance, or explaining their absence.
• Hardy Wallace v. Wallace
  Fla. 3d DCA· 2026-05-06
  Without a hearing transcript, an appellant cannot meet the substantial burden required to challenge a trial court's guardianship termination order on appeal, and the trial court's ruling is presumed correct.
• Rivera-Enriquez v. State
  Fla. 3d DCA· 2026-05-06
  Trial courts have discretion to give instructions on lesser-included offenses when the charging document and evidence support such instructions, and mid-trial amendments to informational documents do not prejudice substantial rights when viewed in totality of circumstances.
• Great Bowery Inc. v. Consequence Sound LLC
  11th Cir.· 2026-05-05 ·via Abuse Of Discretion Standard For Denying Leave To Amend
  A copyright holder may grant an exclusive license to specific rights while retaining other exclusive rights in the same work, and an exclusive licensee of any subset of rights has statutory standing under § 501(b) to sue for infringement of that particular right. The mere fact th
• United States v. Blair
  11th Cir.· 2026-05-01
  The Sixth Amendment was not violated where a co-conspirator who financed the defendant's attorney was later used as a government witness, because there was no tainted evidence, no communication of defense strategy to the prosecution, and no purposeful governmental intrusion. Phon
• Carter v. Carter
  Fla. 4th DCA· 2026-04-29
  A trial court abuses its discretion by denying retroactive child support when competent substantial evidence establishes both the child's need and the obligor's ability to pay. Family photographs and videos acquired during the marriage constitute marital assets entitled to equita
• Emilie Gonzalez v. Alvarez
  Fla. 3d DCA· 2026-04-29
  Without a record of trial proceedings, an appellate court cannot properly resolve factual issues or conclude that a trial court's judgment is unsupported by evidence, and trial court decisions on procedural matters must be affirmed absent a showing of abuse of discretion.
• Carter v. Carter
  Fla. 4th DCA· 2026-04-29
  A trial court abuses its discretion by failing to award retroactive child support when competent evidence establishes both the child's need and the obligor's ability to pay. Family photographs and videos acquired during marriage and stored on a spouse's hard drives constitute mar
• Sophina Webb v. State
  Fla. 1st DCA· 2026-04-22
  A trial court's decision to impose a departure sentence is a judgment call within the sound discretion of the court and will be sustained on review absent an abuse of discretion.
• Dieuline Alerte v. Wilny Decaus
  Fla. 4th DCA· 2026-04-22
  A trial court abuses its discretion in denying a motion for continuance when the underlying reason is an unforeseeable event, advance notice is provided, no dilatory conduct appears, and the opposing party would suffer no prejudice.
• Edwards v. State
  Fla. 2d DCA· 2026-04-22
  A defendant cannot enter a plea to a probation violation; only an admission is permitted under Florida law, and appeals from probation revocation are governed by different appellate rules than guilty plea appeals.
• Amerant Bank, N.A. v. D.R. Horton, Inc.
  Fla. 3d DCA· 2026-04-20 ·via Gross Abuse Of Discretion
  A trial court does not abuse its discretion in granting relief from a default judgment under Rule 1.540(b)(1) when the defendant establishes excusable neglect resulting from internal procedural failures, demonstrates meritorious defenses through a draft answer with affirmative de
• Elisamuel Caballero-Quinones v. Wilder
  Fla. 6th DCA· 2026-04-17
  Deposition testimony of a party's organizational representative concerning an internal investigation's determination that a police officer was at fault for an accident is admissible and not protected by the accident report privilege, traffic citation privilege, or subsequent reme
• Simmons v. Simmons
  Fla. 3d DCA· 2026-04-15
  The trial court properly exercised its discretion in determining whether to permit intervention by applying established factors including the nature of the asserted interest, potential conflicts, and relevant circumstances.
• Inversiones Alfa V v. Cedros Mgmt. Invs. LLC
  Fla. 3d DCA· 2026-04-15
  A trial court may rescind a property exchange agreement induced by fraud even when restoration to the status quo is impossible, if the court balances the equities and fashions an appropriate remedy that provides complete relief.
• Citizens Prop. Ins. Corp. v. Villasmil
  Fla. 4th DCA· 2026-04-15
  Citizens failed to establish either juror concealment of material information or adequate diligence under the De La Rosa test, warranting affirmance of the trial court's jury-related rulings.
• Henderson v. State
  Fla. 4th DCA· 2026-04-08 ·via Abuse Of Discretion Standard For Evidentiary Rulings
  A witness's testimony recounting contents of a written report, when the witness has no independent knowledge and relies solely on the document, constitutes inadmissible hearsay. However, the admission of such testimony is harmless error when the record contains substantial other
• Schindler v. Schiavo
  Fla. 2d DCA· 2026-04-08
  Postjudgment intervention by non-parties in a closed guardianship case is disfavored and permissible only in narrow circumstances where there is a clear and adverse impact on a readily discernible interest of the movant. General public advocacy concerns do not satisfy the good ca
• Lam v. Modern Tampa Bay Homes, Inc.
  Fla. 2d DCA· 2026-04-08
  A party that prevails on the significant issue of liability in a breach of contract action is the prevailing party for purposes of awarding attorneys' fees, even if that party recovers substantially less in damages than originally sought, provided the liability issue was genuinel
• Daley v. Elevate Roofing & Exteriors Inc.
  Fla. 6th DCA· 2026-04-02
  A default judgment awarding unliquidated damages is void when entered without notice to the defendant and opportunity to be heard, even though a default admits all well-pleaded allegations of liquidated damages. The trial court erred in awarding damages for an alleged insurance p
• Arista Floral Corp. v. HP Inc.
  Fla. 3d DCA· 2026-04-01
  The trial court's award of costs was proper, as costs and attorney's fees are distinct legal categories, and non-attorneys are not entitled to attorney's fees awards. Only specific enumerated expenses qualify as taxable costs, while items such as legal research, postage, meals, a
• Keosha Carn v. State
  Fla. 4th DCA· 2026-04-01
  The trial court committed reversible error by excluding non-hearsay testimony regarding threats made to the defendant when the statements were offered to show their effect on the defendant listener and to explain her state of mind in seeking assistance, and the State failed to de
• Len v. State
  Fla. 3d DCA· 2026-04-01
  A trial court does not abuse its discretion in unsealing records previously designated as confidential when the content of the subject matter does not present a privacy interest that overrides the public's right of access, particularly where any injury to third parties results fr
• Brown v. State
  Fla. 3d DCA· 2026-03-31
  A trial court does not abuse its discretion in denying a motion for mistrial unless an error is so prejudicial as to vitiate the entire trial, not merely because evidence is prejudicial.
• Spence v. State
  Fla. 6th DCA· 2026-03-31
  The District Court of Appeal affirmed the Circuit Court's judgment.
• De Cardena v. White Pine Ins. Co.
  Fla. 3d DCA· 2026-03-31
  A trial court abuses its discretion when it excludes expert testimony based solely on an affidavit and oral argument without a sufficient analysis of the Daubert factors under Florida Statute section 90.702, and when it substitutes its judgment for that of the jury by weighing ev
• Tirza Diaz De Villegas v. Ulysses Diaz De Villegas
  Fla. 3d DCA· 2026-03-31
  The trial court's award of full parental responsibility and time-sharing to the father, with limited therapeutic supervised visits for the mother, is affirmed under the deferential abuse of discretion standard, and the mother's motion for a written opinion is denied as a duplicat
• Rose v. Rose
  Fla. 6th DCA· 2026-03-27
  Section 57.105(1), Florida Statutes, authorizes awards of attorney's fees but not costs, and courts cannot add terms not present in the statute.
• Dena Weber v. Weber
  Fla. 6th DCA· 2026-03-27
  The court held that the Former Wife was entitled to attorney fees and costs incurred in successfully defending against the Former Husband's motion to enforce the marital settlement agreement, as she prevailed on a significant issue under the agreement's prevailing party provision
• Faust v. State
  Fla. 2d DCA· 2026-03-25
• Jordan v. State
  Fla. 2d DCA· 2026-03-25 ·via Abuse Of Discretion Standard For Continuance
  The appellate court reversed a conviction because the trial court abused its discretion by denying a continuance for the defendant to retain private counsel and failed to conduct a required Faretta inquiry when the defendant expressed a desire to represent himself. The court foun
• Dario Carnevale v. Shir
  Fla. 3d DCA· 2026-03-25
  The court affirmed the trial court's decision, finding no abuse of discretion in denying the disqualification of opposing counsel.
• Avesta Cmtys., LLC v. Fred
  Fla. 2d DCA· 2026-03-25
  The appellate court reversed a lower court's denial of a motion to disqualify counsel. The lower court erred by prohibiting a key witness's testimony at an evidentiary hearing, which was crucial for determining if the opposing counsel had acquired confidential information from a