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

• United States v. Duncan
  11th Cir.· 2025-12-22
  The Eleventh Circuit affirmed the district court's denial of the defendant's motion for compassionate release and motion for reconsideration, finding no abuse of discretion.
• United States v. Graddy
  11th Cir.· 2025-12-22
  The Eleventh Circuit affirmed the district court's sentence, finding it was not substantively unreasonable despite being an upward variance from the guideline range.
• United States v. Keegan
  11th Cir.· 2025-12-17 ·via Abuse Of Discretion Standard For Evidentiary Rulings
  Statements made to a medical expert for the purpose of preparing the expert to testify at trial, rather than for medical diagnosis or treatment, do not fall under the hearsay exception of Federal Rule of Evidence 803(4).
• Yitzchok Yoel Kasowitz v. Kasowitz
  Fla. 3d DCA· 2025-12-17
  An order granting an injunction in the domestic violence context is reviewed for abuse of discretion, and the appellant's failure to provide a complete record is fatal to the appeal.
• Universal Prop. & Cas. Ins. Co. v. St. Francy St. Fleur and Yvrose Hilaire
  Fla. 4th DCA· 2025-12-10
  A trial court abuses its discretion by denying a for-cause challenge when a prospective juror expresses unequivocal bias against one party, and by excluding photographs that have been properly authenticated through the pictorial testimony method merely on lack-of-predicate ground
• Baldwin v. Douglas R. Beam, P.A.
  Fla. 5th DCA· 2025-12-05
  A charging lien must be based on the amount agreed between attorney and client in their contract, not on a fee judgment entered by the court based on judicial reasonableness findings.
• Fla. Preborn Rescue, Inc. v. City of Clearwater
  11th Cir.· 2025-12-04
  The court held that the district court abused its discretion by denying a preliminary injunction, finding the plaintiffs likely to succeed on their First Amendment challenge to the ordinance.
• Roldy Daniel v. State
  Fla. 4th DCA· 2025-12-03
  The trial court did not abuse its discretion in admitting video of law enforcement interrogating the defendant.
• Blakeslee v. Quermin Madrigal
  Fla. 3d DCA· 2025-12-03
  A trial court's relocation order is reviewed for abuse of discretion and will be affirmed if competent, substantial evidence supports the court's findings under Florida Statute § 61.13001(7).
• Heule v. Humphrey
  Fla. 1st DCA· 2025-12-03
  A trial court abused its discretion in granting permanent stalking injunctions where the only evidence presented consisted of decorative displays in the defendants' own home and yard, as this evidence failed to demonstrate the substantial emotional distress necessary to support s
• Pope v. State
  Fla. 4th DCA· 2025-12-03
  A restitution order must be supported by substantial competent evidence and cannot be based on documents that are not admitted into evidence or testimony that lacks evidentiary foundation. The trial court abused its discretion by imposing restitution of $86,000 without admitting
• Trident Real Est., Inc. v. Sonny & Ricardo, LLC
  Fla. 3d DCA· 2025-12-03
  When damages for fraud and misrepresentation are unliquidated and cannot be ascertained from the complaint, by agreement, arithmetical calculation, or legal principles, a defaulting defendant is entitled to an evidentiary hearing on the amount of damages despite default.
• Macauley v. State
  Fla. 3d DCA· 2025-12-03
  An unpreserved ineffective assistance of counsel claim cannot support reversal on direct appeal unless the appellant demonstrates fundamental error, and where no prior finding of ineffective assistance exists, the admission of prior trial testimony does not constitute fundamental
• Baretta Maurice Mathis v. State
  Fla. 4th DCA· 2025-12-03
  A trial court commits fundamental error by finding a willful and substantial violation of a community service condition when the probation order lacks a specified start date and the probationer has ample time remaining to complete the hours at the required rate. Additionally, due
• Colmenares v. Castillo
  Fla. 3d DCA· 2025-12-03
  Once a defendant is personally served with an initial complaint, service of amended complaints is accomplished through the procedures in Florida Rule of General Practice and Judicial Administration 2.516(a) and (b), and a certificate of service is prima facie proof of proper serv
• United States v. Gabriella Victoria Oropesa
  11th Cir.· 2025-11-20
  A conspiracy to violate the Freedom of Access to Clinic Entrances Act (FACE Act) can be prosecuted under 18 U.S.C. § 241, and recent Supreme Court decisions do not alter this interpretation.
• Verzura Constr., Inc. v. Hotel La Petite Muse, LLC
  Fla. 3d DCA· 2025-11-19
  Verzura Construction won a foreclosure auction on a Miami Beach hotel property after obtaining a judgment against the former owner, Hotel La Petite Muse, LLC (HLPM). When HLPM moved to set aside the sale claiming lack of notice, the trial court granted the motion based on grossly
• Jackson v. Catanzariti
  11th Cir.· 2025-11-17
  The Eleventh Circuit held that the district court did not abuse its discretion in granting a voluntary dismissal under Rule 41(a)(2) with conditions, nor in its evidentiary rulings, affirming the trial court's judgments.
• Woods v. Progressive Am. Ins. Co.
  11th Cir.· 2025-11-17
  The Eleventh Circuit affirmed the district court's judgment, holding that the exclusion of the prior jury verdict and excess judgment was not an abuse of discretion in a bad faith insurance claim trial.
• Trent Fitzgerald King v. State
  Fla. 4th DCA· 2025-11-12
  A trial court abuses its discretion by summarily denying an initial Rule 3.850 motion for legal insufficiency without allowing the defendant at least one opportunity to amend the motion to cure the defect.
• Simmons v. State
  Fla. 1st DCA· 2025-11-12
• Robinson v. State
  Fla. 4th DCA· 2025-11-12 ·via Abuse Of Discretion Standard For Evidentiary Rulings
  The trial court did not abuse its discretion in excluding evidence of a prior domestic dispute between the victim and girlfriend as insufficiently relevant to establish motive, nor in admitting evidence of the defendant's recent jail release as inextricably intertwined with the c
• Johnson v. State
  Fla. 1st DCA· 2025-11-05
  Jamel Johnson appealed his conviction for fleeing to elude a law enforcement officer and driving without a valid driver's license, challenging the admissibility of testimony showing he drove 127 mph in Jackson County when the crime was charged in Bay County. The Florida District
• Harman v. Yonder Alonso
  Fla. 3d DCA· 2025-10-29
  A mother appealed the trial court's denial of her petition to relocate her two minor children from Florida to California. The appellate court reversed, finding that the trial court relied on legally impermissible speculative findings about the mother's future marital stability, c
• United States v. Philmon Chambers
  11th Cir.· 2025-10-23
  Two members of the Gangster Disciples gang, Lesley Green and Philmon Chambers, were convicted of RICO conspiracy and related murders in a three-victim retaliation scheme and sentenced to life in prison, with Chambers receiving two consecutive life sentences plus an additional 120
• United States v. Martinez
  11th Cir.· 2025-10-17
  Eduardo Martinez was convicted of smuggling ivory-containing sculptures into and out of the United States without making required declarations, as well as obstructing justice, after he failed to declare statues he imported and exported despite knowing the declaration requirements
• Dowdell v. State
  Fla. 1st DCA· 2025-10-15 ·via Abuse Of Discretion Standard For Trial Court Rulings
  The trial court did not abuse its discretion in conducting the Nelson hearing, any error in the PRR sentencing would be harmless, and the trial court properly declined to hold a competency hearing because no reasonable grounds existed to question Dowdell's competency.
• Nova Se. Univ., Inc. v. Garratt- Callahan Co.
  Fla. 4th DCA· 2025-10-15 ·via Abuse Of Discretion Standard For Fee Awards
  Claims against multiple defendants are not inextricably intertwined when they involve different parties, different contractual obligations, different time periods, and different legal theories, even if they share a common factual background. A trial court does not abuse its discr
• Morales v. Pirela
  Fla. 3d DCA· 2025-10-15 ·via Abuse Of Discretion Standard On Appeal
  A trial court does not abuse its discretion in granting a new trial when the jury's verdict suggests a compromise on liability or confusion regarding damages law.
• Rani Bolton v. Inland Fresh Seafood Corp. of Am., Inc.
  11th Cir.· 2025-10-15
  Employees of Inland Fresh Seafood Corporation brought claims under ERISA alleging that company fiduciaries breached their duties by causing the employee stock ownership plan to overpay for company stock, but failed to exhaust the plan's internal administrative remedies before fil
• Grape Leaf Cap., Inc. v. Nathaly Lafontant
  Fla. 3d DCA· 2025-10-15
  When a motion for summary judgment is denied due to a genuine dispute of material fact, that dispute is tried before a jury, and the evidence supports the jury's verdict, any error in denying the motion for summary judgment is moot and harmless.
• Teran v. Piloto
  Fla. 3d DCA· 2025-10-08
  A trial court does not abuse its discretion in denying a motion for new trial when the record shows conflicting evidence presented at trial and the jury's verdict is supported by competent substantial evidence.
• Couto v. State
  Fla. 3d DCA· 2025-10-08
  A trial court does not abuse its discretion by limiting cross-examination that is not germane to the victim's testimony or the defendant's theory of defense, or by limiting closing argument that falls outside the scope of evidence presented.
• Castro v. Heritage Prop. & Cas. Ins. Co.
  Fla. 3d DCA· 2025-10-08 ·via Abuse Of Discretion Standard On Appeal
  A trial court may dismiss a case as a sanction for discovery violations without conducting an evidentiary hearing or providing a detailed Kozel factor analysis in its order.
• Storey Mountain, LLC v. Ashco, Inc.
  Fla. 5th DCA· 2025-10-03
  A trial court does not abuse its discretion by vacating a default judgment when the moving party demonstrates excusable neglect, a meritorious defense, and due diligence, and equitable considerations support relief under Rule 1.540(b).
• Mark W. Rickard, P.A. v. Ferrari Fin. Servs., Inc.
  Fla. 3d DCA· 2025-10-01
  A trial court does not abuse its discretion in denying § 57.105 sanctions when it has implicitly found potential merit to a party's claim by granting that party's motion to intervene.
• State v. Mashayla Maneisha Prophet
  Fla. 4th DCA· 2025-10-01
  A downward departure sentence under Florida Statutes § 921.0026(2)(j) requires competent, substantial evidence supporting all three statutory factors: unsophisticated manner, isolated incident, and remorse. The trial court's finding of unsophistication was unsupported by evidence
• Ribbing v. State
  Fla. 1st DCA· 2025-10-01 ·via Abuse Of Discretion Standard For Evidentiary Rulings
  A trial court abuses its discretion by admitting testimony regarding the value of stolen property from a witness who lacks personal knowledge of that value, and when such testimony is the only evidence of value, the error is harmful and requires reversal of the theft conviction.
• Janurio Perez v. State
  Fla. 3d DCA· 2025-10-01 ·via Abuse Of Discretion Standard On Appeal
  A trial court does not abuse its discretion in permitting amendment of a criminal information during trial when the defendant has not demonstrated prejudice to his substantive rights.
• Thelen v. Somatics, LLC
  11th Cir.· 2025-09-29
  Jeffrey Thelen sued Somatics, manufacturer of an electroconvulsive therapy device, alleging the company failed to adequately warn him of the risk of permanent memory loss and brain damage from 95 ECT treatments he received between 2014 and 2016. The jury found that Somatics provi
• Ambert v. State
  Fla. 6th DCA· 2025-09-26
  A trial court does not abuse its discretion by denying a defendant's request for a downward departure sentence in an aggravated manslaughter case.
• Jones v. State of Fla. & Victor Tony Jones v. Sec'y
  Fla.· 2025-09-24
  Victor Tony Jones, a death row inmate with an execution date of September 30, 2025, appeals the circuit court's denial of his sixth successive motion for postconviction relief and post-warrant public records demands, and petitions for habeas corpus relief. The Florida Supreme Cou
• Hefley v. Colombo
  Fla. 3d DCA· 2025-09-24
  A trial court violates a party's due process rights when it sua sponte imposes sanctions restricting representation without a pending motion, proper notice, and meaningful opportunity to be heard. The court may restrict representation on proper showing, but only after providing n
• Greenwood v. Drew A. Greenwood
  Fla. 3d DCA· 2025-09-17
  The trial court properly applied section 61.13001, Florida Statutes, and its burden-shifting framework in determining that relocation was not in the best interest of the child, and did not abuse its discretion.
• Melton v. Melton
  Fla. 5th DCA· 2025-09-12
  A trial court abuses its discretion by ordering temporary alimony and child support payments that exceed the obligor's monthly surplus or ability to pay, and such orders must be recalculated or explained to fall within the obligor's demonstrated financial capacity.
• Universal Ins. Co. of N. Am. v. Sunset 102 Off. Park Condo. Ass'n, Inc.
  Fla. 3d DCA· 2025-09-10
  An issue is not preserved for appellate review unless it is presented to the lower court with the specific legal argument or ground to be argued on appeal as part of that presentation.
• Maradona v. Villafane
  Fla. 3d DCA· 2025-09-10
  A marital settlement agreement that expressly waives claims to undisclosed marital assets bars subsequent fraud and breach of fiduciary duty claims based on those assets, even if discovered after the agreement's execution. An indirect criminal contempt order imposed for discovery
• Thompson v. Vilches
  Fla. 3d DCA· 2025-09-10
  A criminal court's determination of Stand Your Ground immunity in a battery prosecution does not constitute a change in circumstances sufficient to vacate a permanent domestic violence injunction entered by default in a civil proceeding.
• United States v. Ephren Taylor, II
  11th Cir.· 2025-09-10
  The court held that motions to reopen, supplement, or amend a § 2255 petition filed while an appeal is pending are generally considered second or successive filings requiring prior authorization, unless the prior judgment was vacated and remanded.
• Corona v. In re Silva
  Fla. 3d DCA· 2025-09-10 ·via Abuse Of Discretion Standard On Appeal
  A guardianship court properly denies a motion to intervene under Florida Rule of Civil Procedure 1.230 when the movant fails to have the guardianship proceeding declared adversary, as civil procedure rules apply to guardianship proceedings only as expressly provided in the Florid