Abuse Of Discretion (Standard Of Review)

12,338 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

• 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
• John F. Schutz, P.L. v. Schwalb
  Fla. 4th DCA· 2026-03-25
  A law firm appealed the denial of its motion to add a bank as an indispensable party in a charging lien enforcement proceeding. The court affirmed the trial court's decision, holding that the firm's notice of lien was insufficient to impose liability on the bank.
• Faust v. State
  Fla. 2d DCA· 2026-03-25
• Nance v. Comm'r, Ga. Dep't of Corr.
  11th Cir.· 2026-03-19 ·via Abuse Of Discretion Standard For Evidentiary Rulings
  Michael Nance, a death row inmate, challenged his scheduled execution by lethal injection under the Eighth Amendment, claiming his compromised veins would create a substantial risk of severe pain. The district court rejected his claims after a bench trial, and the Eleventh Circui
• Gilbert v. In re Riley
  Fla. 3d DCA· 2026-03-18
  Annie Gilbert appeals the trial court's denial of her petition to reopen the decedent's estate, which was probated under a 2000 will naming only Willie Riley (the personal representative) as sole beneficiary, despite a 2014 will naming all heirs as equal beneficiaries being filed
• Payton Latario Rolle v. Viergena Katie Joseph
  Fla. 3d DCA· 2026-03-18 ·via Abuse Of Discretion Standard For Evidentiary Rulings
  Payton Latario Rolle appeals a permanent injunction for protection against stalking issued by the trial court. Rolle argues that key evidence was improperly admitted as hearsay or was otherwise inadmissible. The Third District Court of Appeal affirms the injunction, finding no ab
• Marlen Adalgiza Romana Palomeque v. In re Eudoro Carvajal Ibanez
  Fla. 3d DCA· 2026-03-18 ·via Abuse Of Discretion Standard For Evidentiary Rulings
  This is an affirmed decision by the Third District Court of Appeal reviewing a trial court's evidentiary rulings and factual findings in what appears to be a civil probate or estate matter. The court upheld the lower court's judgment based on the established standard that trial c
• Zapata v. State
  Fla. 3d DCA· 2026-03-18
  Raul Zapata appeals his conviction for lewd and lascivious conduct on a child, arguing the trial court improperly restricted his voir dire questioning about whether jurors could fairly consider his defense that the minor fabricated allegations for custody purposes. The Third Dist
• Williams v. Sherea Green
  Fla. 3d DCA· 2026-03-16
  Calvin Williams challenges his pretrial detention order, arguing the trial court improperly applied a "light most favorable to the State" standard when evaluating evidence at the detention hearing. The court holds that neither Florida's pretrial detention statute nor criminal pro
• Kent v. State
  Fla. 3d DCA· 2026-03-11
  Andrew Kent appeals his conviction for possession of cocaine, possession of paraphernalia, and giving a false name, challenging the trial court's denials of his motions to suppress the traffic stop, sever charges, and declare a mistrial. The appellate court affirmed, finding the
• Metsch v. Torre Anthony Palmeno
  Fla. 3d DCA· 2026-03-11
  Attorney Lawrence Metsch appeals a trial court's order requiring him to pay $1,500 in attorney's fees as sanctions for willfully disobeying a pretrial order. The Florida District Court of Appeal affirmed, holding that the trial court properly exercised its discretion in imposing
• Citizens Prop. Ins. Corp. v. Haydee Buergo
  Fla. 3d DCA· 2026-03-04
  Citizens Property Insurance Corporation appealed the trial court's award of attorney's fees in a bench trial. The appellate court affirmed, holding that the trial court did not abuse its discretion in awarding fees and applying a fee multiplier, as competent substantial evidence
• Nataly Riera Garcia v. Discover Bank
  Fla. 3d DCA· 2026-03-04
  Nataly Riera Garcia appealed the denial of her motion for relief from final judgment against Discover Bank. The Third District Court of Appeal affirmed the lower court's denial, finding no abuse of discretion and that the motion failed to establish grounds for relief.
• Roberts v. Roberts
  Fla. 2d DCA· 2026-03-04
  Father appealed a final judgment of injunction for protection against domestic violence based on allegations of sexual abuse of a minor child. The appellate court reversed because the trial court improperly relied on inadmissible child hearsay statements without adequate corrobor
• Thomas ROLLINS1 v. Dep't OF Servs. FOR Child.
  Del.· 2026-02-27
  Thomas Rollins appeals the termination of his parental rights after the Family Court found he failed to comply with his case plan following removal of his children for physical abuse. The Delaware Supreme Court affirmed, holding that Father's failure to acknowledge the abuse and
• Griselda Dominga Evelyn Santander v. Peralta
  Fla. 4th DCA· 2026-02-25
  The Fourth District Court of Appeal affirmed a trial court's order temporarily modifying child timesharing arrangements between the parties, finding no abuse of discretion in the trial court's decision.
• Clark v. Clark
  Fla. 3d DCA· 2026-02-25
  Anthony Clark appeals an amended final judgment of dissolution of marriage, arguing due process violations and errors in equitable distribution, income imputation, and support calculations. The Third District Court of Appeal affirms, holding that Clark failed to preserve his issu
• Jackson v. State
  Fla. 1st DCA· 2026-02-25
  Troy Lee Jackson appealed a probation violation finding for driving despite a one-year driver's license suspension imposed as a special condition of his probation. The Florida First District Court of Appeal reversed, holding that the trial court's probation order failed to clearl
• Osman v. Osman
  Fla. 3d DCA· 2026-02-25
  In this family law appeal, the mother challenged a final judgment on paternity, timesharing, child support, and parental responsibility. The appellate court affirmed the judgment regarding 2021 and 2023 child support determinations but reversed and remanded the 2024 and ongoing c
• Rekeisha T. Samuels v. State
  429 So. 3d 533· Fla. 4th DCA· 2026-02-18
  Rekeisha T. Samuels appeals the circuit court's order revoking her probation and imposing a prison sentence. The appellate court affirms the revocation but reverses the sentence, holding that the circuit court committed fundamental error by considering a withdrawn allegation, fai
• Raina Rivera v. Rivera-Chong
  Fla. 1st DCA· 2026-02-18
  Former Wife Raina Rivera appeals the trial court's order disqualifying her trial counsel after he married her. The First District Court of Appeal reverses, holding that the trial court abused its discretion by granting broad disqualification based on speculation rather than evide
• State v. Fucien
  Fla. 3d DCA· 2026-02-18
  The Florida Department of Revenue appeals a trial court order that granted Jean Fucien a hypothetical retroactive credit against his child support arrears based on derivative Social Security disability benefits the child could have received but never actually received. The court
• Alessandra de Menezes Trigueiro v. Rodrigo Cesar Galdino de Oliveira
  Fla. 6th DCA· 2026-02-13
  In a dissolution of marriage case, the trial court denied the appellant's motion for relief from judgment after she failed to appear at trial. The appellate court affirmed the denial, finding the trial court did not abuse its discretion in determining that the appellant failed to
• Fla. Comm'n on Offender Review v. Clarke
  Fla. 1st DCA· 2026-02-11
  The Florida Commission on Offender Review appealed a trial court's grant of mandamus relief requiring it to reconsider its decision not to parole Melanie Clarke. The appellate court reversed, holding that the trial court erroneously found an abuse of discretion because Clarke fai
• Ansaroff v. Laureles
  Fla. 3d DCA· 2026-02-11 ·via Gross Abuse Of Discretion
  In a mortgage foreclosure action, the trial court vacated a default judgment against defendant Laureles after her attorney abandoned her case, and subsequently entered summary judgment in her favor. The appellants challenged all three orders, but their appeal failed because the t
• Grable v. Grable
  Fla. 1st DCA· 2026-02-11
  In this Florida family law appeal, the First District Court of Appeal reversed and remanded portions of a trial court's equitable distribution and alimony award in a 24-year marriage, finding abuse of discretion in how the trial court structured the equitable distribution as an a
• Steinberg v. Cudak
  429 So. 3d 21· Fla. 4th DCA· 2026-02-11
  The plaintiff appeals an order declaring him a vexatious litigant and imposing sanctions including a requirement to post security and a ban on pro se filings. The appellate court reversed the pro se filing ban because the trial court failed to issue an order to show cause before
• State v. Scruggs
  Fla. 3d DCA· 2026-02-11
  The State appealed a trial court's order granting a motion to vacate a default paternity and child support judgment against Scruggs. The appellate court reversed, holding that the trial court abused its discretion by granting relief from judgment without conducting an evidentiary
• United States v. Malachi Mullings
  11th Cir.· 2026-02-10
  Malachi Mullings pleaded guilty to money laundering charges related to his operation of bank accounts that laundered millions of dollars in proceeds from African romance scams and fraud schemes. The Eleventh Circuit affirmed the district court's denial of his motion to withdraw t
• United States v. Holley
  11th Cir.· 2026-02-03
  The court held that the district court did not err in admitting body-worn camera footage and a 911 call recording, and that the sentence imposed was appropriate.
• Francois v. State
  Fla. 3d DCA· 2026-01-28
  The prosecutor's comments referring to the defendant as a "monster," describing the defense's mistaken identity theory, and making limited references to public safety and the victims' military service did not constitute reversible error because they were either invited by the def
• Deangelis v. State of Del.
  Del.· 2026-01-28
  DeAngelis appeals his conviction for sexual assault, claiming the trial court's response to a jury note asking about partial verdicts constituted a coercive Allen charge. The Delaware Supreme Court affirmed, holding that the trial court's response was not an Allen charge because
• Van Fossan v. Safe Harbor Mgmt. & Advisory, LLC
  Fla. 3d DCA· 2026-01-28
  A trial court does not abuse its discretion in granting a temporary injunction against a former employee for non-compete agreement breach when the employee's violation is supported by competent substantial evidence, because irreparable harm is presumed upon such a breach.
• Perpall v. State
  Fla. 3d DCA· 2026-01-28
  Fabian Perpall appeals his conviction for attempted first-degree murder and related crimes after the trial court denied his request for a one-day continuance to secure the testimony of a key defense witness, Lamont Riley, who had unexpectedly left the courthouse. The appellate co
• Perpall v. State
  Fla. 3d DCA· 2026-01-28 ·via Abuse Of Discretion Standard For Continuance
  A trial court abuses its discretion in denying a continuance when the defendant has exercised due diligence in securing a witness, the witness's testimony is substantially favorable and essential to the defense, the witness is willing to testify, and denial causes material prejud
• Am. Coastal Ins. Co. v. Versailles Gardens I Condo. Ass'n, Inc.
  Fla. 3d DCA· 2026-01-28
  A trial court does not abuse its discretion by ordering an unresolved coverage determination and appraisal to proceed on a dual-track basis.
• Paleveda v. State
  Fla. 2d DCA· 2026-01-23
  The trial court properly denied Paleveda's motion for judgment of acquittal because eyewitness testimony and circumstantial evidence sufficiently proved he was the driver of the vehicle. The court also properly refused to modify the jury instruction because Florida law requires a
• The Renco Grp. Inc. & the Doe Run Res. Corp. v. Napoli Shkolnik PLLC
  11th Cir.· 2026-01-21
  The Eleventh Circuit held that the district court did not abuse its discretion in denying the law firms' motion for a protective order because they failed to sufficiently establish attorney-client privilege or work product protection.
• United States v. Sefan Eberhard Zappey
  11th Cir.· 2026-01-21
  Stefan Eberhard Zappey, a former DOD elementary school teacher, was convicted of sexually abusing four students at Patch Elementary School in Germany between 2006-2010. On appeal, Zappey challenged the trial court's exclusion of expert testimony on memory reliability, arguing it
• DG Auto Grp. Exp., Inc. v. Mendez
  Fla. 3d DCA· 2026-01-21 ·via Abuse Of Discretion Standard For Fee Awards
  Federal law governs the determination of reasonable attorney's fees in FLSA cases brought in state court, and a fee enhancement above the lodestar is permissible when the defendant's intentional evasion of litigation obligations and court orders causes exceptional delay in the li
• Dania Hernandez v. Wilmington Sav. Fund Soc'y, FSB
  Fla. 3d DCA· 2026-01-14
  A trial court's decision to impose sanctions for discovery violations is reviewed for abuse of discretion and will not be disturbed on appeal absent an abuse of that discretion.
• Mpaka v. State
  Fla. 3d DCA· 2026-01-14
  A party's use of peremptory challenges is limited only by the rule that challenges may not be used to exclude members of a distinctive group such as race, and the trial court's determination of whether a proffered reason for a strike is genuine turns on credibility and is reviewe
• Harris v. Harris
  Fla. 6th DCA· 2026-01-09
  The trial court erred by refusing to equitably distribute the marital portion of the former husband's military retirement pension based on lack of evidence regarding valuation, as Florida law permits deferred distribution using a simple formula requiring only years of marriage an
• Leonides Negron v. Bonilla
  Fla. 6th DCA· 2026-01-09
  An injunction for protection against domestic violence cannot be granted based solely on a child's fear of a parent; the evidence must establish either that the child was a victim of domestic violence or had reasonable cause to believe she was in imminent danger of becoming one,
• Yailin Oramas v. Asencio
  Fla. 3d DCA· 2026-01-07
  A trial court does not abuse its discretion when it vacates an order adopting a magistrate's report containing an error and orders a trial de novo pursuant to Florida Family Law Rules of Procedure 12.490(e) and 12.530(a).
• Miller v. Velleff
  Fla. 4th DCA· 2026-01-07
  A trial court lacks jurisdiction to enter an injunction prohibiting a non-party from attending public events when the non-party received no notice and had no opportunity to be heard, as such an order violates procedural due process and the principle that injunctions cannot bind n
• NE 32nd St., LLC v. State
  Fla. 4th DCA· 2026-01-07
  Under Florida Statute § 57.041, a party recovering judgment must be awarded all legal costs and charges as a matter of law, and the trial court erred in denying costs to the prevailing party in a quiet title action.
• Stephen v. State
  Fla. 4th DCA· 2026-01-07
  The trial court committed fundamental error by failing to instruct the jury on Florida Standard Jury Instruction (Criminal) 3.12(a) regarding separate consideration of multiple counts and by instructing the jury to apply its finding on Count 1 to Count 2, thereby denying the defe
• The Doc App, Inc. v. Leafwell, Inc.
  M.D. Fla.· 2025-12-29
  The court granted in part and denied in part the motion for reconsideration of sanctions, allowing counsel to complete CLE remotely but upholding other sanctions.
• United States v. Gito St Fort
  99 F. 4th 13· 11th Cir.· 2025-12-22
  The Eleventh Circuit affirmed the district court's sentence, finding it was neither procedurally nor substantively unreasonable.