Abuse Of Discretion (Standard Of Review)

12,338 Florida cases classified under this topic, plus 1,659 listed through its narrower topics · sorted by citation count · see the citation graph · browse and sort

• 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.
• Nationwide Ins. Co. Of Am. v. Auto Glass Am., LLC
  424 So. 3d 988· Fla. 2d DCA· 2025-09-05
  A dismissal order for lack of prosecution is voidable, not void, when the trial court had jurisdiction, provided notice, and afforded an opportunity to be heard, even if procedural errors occurred. A party seeking to vacate such an order under rule 1.540(b)(4) must present eviden
• Makechia Robinson v. Robinson
  Fla. 6th DCA· 2025-09-05
  A trial court's finding of intentional dissipation of marital assets must be supported by competent, substantial evidence, and where no such evidence exists in the record, the marital assets must be divided equally.
• Whitesell Corp. v. Husqvarna Outdoor Prods., Inc.
  11th Cir.· 2025-09-04
  The Eleventh Circuit affirmed the district court's rulings, finding no error in its interpretation of the parties' agreements, its discovery sanctions, or its denial of the motion to amend the complaint.
• Remy E. Gutierrez v. Gutierrez
  Fla. 3d DCA· 2025-09-03
  A trial court's statement regarding a party's potential summer income constitutes obiter dictum when the court expressly disclaims reliance on that factor in deciding the attorney's fees motion.
• Dilia Palma v. Alamilla
  Fla. 3d DCA· 2025-09-03
  A trial court does not abuse its discretion in denying a motion to disqualify opposing counsel when the motion lacks sufficient grounds for this drastic remedy.
• Vekoma Rides Eng'g B.V. v. Bolliger & Mabillard Consulting Eng'rs, Inc.
  M.D. Fla.· 2025-09-02
  The court denied the defendant's motion for clarification and reconsideration of its claim construction order.
• Marcionette v. Marcionette
  Fla. 6th DCA· 2025-08-29
  A motion to dissolve an injunction filed in the wrong division must be transferred to the appropriate division rather than denied, as all circuit court judges have equal jurisdiction within their circuit.
• Ortiz v. Performance Transp., LLC
  Fla. 3d DCA· 2025-08-27
  A trial court's denial of a motion for new trial is reviewed for abuse of discretion and will not be disturbed unless the decision fails the reasonableness test.
• Hewell v. Joudelene Hewell
  Fla. 3d DCA· 2025-08-27 ·via Abuse Of Discretion Standard On Appeal
  A trial court's equitable distribution of marital debts in a dissolution of marriage is reviewed for abuse of discretion, and an appellant's failure to provide a trial transcript and file a motion for rehearing in the trial court precludes meaningful appellate review.
• Ecio Rodrigues v. Anderson
  Fla. 5th DCA· 2025-08-22 ·via Abuse Of Discretion Standard For New Trial Motions
  Defense counsel's references to the defendant by name and title, and mention of the defendant's admission of negligence, do not violate Hollenbeck v. Hooks absent a misleading statement implying that damages would be paid solely by the individual defendant. A verdict is not again
• White v. Eslinger
  M.D. Fla.· 2025-08-22
  The court affirmed the magistrate judge's order denying the motion to unseal photographs, finding no clear error or contrary to law.
• United States v. Alhaji Touray
  11th Cir.· 2025-08-19
  Any error in empaneling an anonymous jury was harmless, and the district court did not err in refusing a multiple-conspiracies instruction or in considering acquitted conduct at sentencing.
• Maestrales v. Maestrales
  Fla. 4th DCA· 2025-08-13
  Removal of a personal representative without prior notice and an opportunity to be heard violates due process and constitutes fundamental error. A personal representative must be reinstated and may only be removed upon good cause shown after notice and a hearing.
• Grudenic v. Sundeep Singh
  Fla. 3d DCA· 2025-08-13 ·via Gross Abuse Of Discretion
  The trial court's order denying the motion to vacate the default judgment is affirmed. The affidavit of diligent search was facially sufficient under Florida Statutes section 49.041, and Grudenic's failure to provide a transcript of the evidentiary hearing prevents appellate revi
• Dilia Palma v. Alamilla
  Fla. 3d DCA· 2025-08-13
  A trial court does not abuse its discretion in granting a motion to disqualify trial counsel when the lawyer is a necessary witness in the case under Florida Bar Rule 4-3.7.
• Ruiz v. Salazar
  Fla. 3d DCA· 2025-08-06
  This is a per curiam affirmance in a forum non conveniens dispute between Alexander M. Ruiz and Alexandra Salazar. The court affirmed the lower court's decision, applying established principles regarding the strong presumption favoring a plaintiff's choice of forum and the demand
• Ruiz v. Perez
  Fla. 3d DCA· 2025-08-06
  A trial court does not abuse its discretion in denying a forum non conveniens motion where the plaintiff is a Florida resident and the strong presumption favoring the plaintiff's choice of forum has not been overcome by sufficient evidence of relative disadvantages to the defenda
• Kerzner v. Veronica Welch o/b/o A.R.K.
  Fla. 3d DCA· 2025-08-06
  Trial courts have broad discretion in granting, denying, dissolving, or modifying injunctions, and appellate courts will not disturb such decisions absent a clear abuse of discretion.
• Kerzner v. Welch
  Fla. 3d DCA· 2025-08-06 ·via Abuse Of Discretion Standard For Injunctions
  Lee Kerzner appealed three circuit court orders from Miami-Dade County involving family court matters. The Third District Court of Appeal affirmed the trial court's decisions, applying the deferential abuse-of-discretion standard and finding no clear abuse of the court's broad di
• Kerzner v. Veronica Welch o/b/o A.K.
  Fla. 3d DCA· 2025-08-06 ·via Abuse Of Discretion Standard For Injunctions
  Lee Kerzner appealed three family court orders from Miami-Dade County. The Third District Court of Appeal affirmed the lower court's decisions, applying the abuse of discretion standard and finding the trial court properly exercised its broad discretion in the family law matters
• United States v. Kluge
  11th Cir.· 2025-07-31
  The court held that the plain meaning of 'images' in U.S.S.G. § 2G2.2(b)(7) includes each video frame, and that a jury trial is not constitutionally required for factual findings underlying restitution awards.
• Surf Consultants, Inc. v. Lizbeth Sanchez
  Fla. 3d DCA· 2025-07-30
  When service of process is invalid but was effected within the 120-day statutory period, the proper remedy is to quash service and permit the action to remain pending, not to dismiss the action without prejudice.
• State v. Zulaga
  Fla. 3d DCA· 2025-07-30
  A trial court abuses its discretion by sua sponte dismissing criminal charges when viable alternatives to dismissal exist, including permitting the State to proceed without witnesses or granting a continuance. The State has exclusive discretion to dismiss criminal charges absent
• Samuel v. Hamptons W. Condo. Ass'n, Inc.
  Fla. 3d DCA· 2025-07-30
  A trial court does not abuse its discretion in denying a pro se litigant's request for a continuance made three days before a hearing when the litigant had two months' notice and the court had already rescheduled the hearing twice to accommodate the litigant's schedule.
• Walls v. State
  Fla. 3d DCA· 2025-07-30
  A trial court must subtract an insurance deductible from the restitution amount ordered against a defendant.
• United States v. Kennedy
  11th Cir.· 2025-07-25 ·via Abuse Of Discretion Standard For Evidentiary Rulings
  Robert Kennedy was convicted of possessing a firearm as a convicted felon, possessing heroin with intent to distribute, and possessing a firearm in furtherance of a drug trafficking crime, following a search of his apartment that revealed drugs, scales, ammunition, and a handgun.
• Harris v. State
  Fla. 4th DCA· 2025-07-23 ·via Abuse Of Discretion Standard For Jury Instructions
  A defendant is entitled to a jury instruction on the forcible felony self-defense doctrine when competent, substantial evidence shows he reasonably believed deadly force was necessary to prevent the imminent commission of aggravated battery. The trial court's failure to give such
• Rajkishore Gorla v. Avneet Kaur Vig
  Fla. 3d DCA· 2025-07-23
  A trial court does not abuse its discretion in denying extended timesharing and ordering controlled substance testing as a condition of timesharing, but errs in requiring the husband alone to bear the costs of such testing, which must instead be treated as part of child support o
• Whipple v. State
  Fla. 3d DCA· 2025-07-23
  A trial court does not abuse its discretion by refusing a special jury instruction on citizen's arrest when the instruction is not supported by the evidence, by excluding testimony about a defendant's prior negative experience with police as irrelevant to flight from a crime scen
• Cent. Baptist Church of Albany Ga. Inc v. Church Mut. Ins. Co.
  11th Cir.· 2025-07-21
  The Eleventh Circuit affirmed the district court's judgment, holding that the insurance company waived its right to appeal the exclusion of misrepresentation evidence by explicitly withdrawing the defense and that the jury's damages award was permissible based on the jury instruc
• Quires v. Copperstone Equestrian Ctr., LLC
  Fla. 5th DCA· 2025-07-18 ·via Abuse Of Discretion Standard For Fee Awards
  A party who prevails on the underlying merits may appeal a post-judgment order denying attorney's fees and costs as a separate, final appealable order that can aggrieve the party even if the liability judgment was favorable. Under FDUTPA's discretionary fee provision (as amended
• Cuentas, Inc. v. Spectrum Intelligence Commc'ns Agency, LLC
  Fla. 3d DCA· 2025-07-16
  The absence of a hearing transcript at which the trial court made its decision prevents meaningful appellate review of whether the trial court abused its discretion.
• McNair v. Johnson
  11th Cir.· 2025-07-14
  The Eleventh Circuit held that a district court did not abuse its discretion by dismissing a pro se prisoner's civil rights suit without prejudice for failing to fully disclose his litigation history on a standardized complaint form, as this fell under the court's inherent author
• Zargari v. Zargari
  Fla. 1st DCA· 2025-07-09
  The trial court's equitable distribution of $14.2 million in marital assets was affirmed as supported by competent substantial evidence and not an abuse of discretion. The life insurance requirement securing alimony was reversed and remanded because the judgment lacked specific f
• Howard v. Specialized Loan Servicing, LLC
  Fla. 4th DCA· 2025-07-09
  A second motion for relief from judgment is improper if it attempts to relitigate issues decided by a previous order, and without a record of trial proceedings, an appellate court cannot conclude the trial court abused its discretion in denying such a motion.
• Young v. State
  Fla. 1st DCA· 2025-07-09 ·via Abuse Of Discretion Standard For Evidentiary Rulings
  The prosecutor's opening statement did not constitute fundamental error, and the trial court did not abuse its discretion in admitting ankle monitor evidence. The overwhelming evidence of guilt, including Young's own admissions, corroborating physical evidence, and surveillance f
• Ribbing v. State
  Fla. 1st DCA· 2025-07-09 ·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 lacking personal knowledge of that value, and when such testimony is the only evidence of value, the error is harmful and requires reversal of a grand theft conviction
• Fernard George Ramcald, Jr. v. State
  Fla. 1st DCA· 2025-07-09
  The trial court abused its discretion in revoking probation because the State failed to produce substantial evidence showing that Appellant sent or caused the email to be sent to the victim. The evidence presented consisted only of the victim's inference rather than testimony wit
• Dewayne Warren v. State
  Fla. 3d DCA· 2025-07-02
  A trial court does not abuse its discretion in denying a peremptory strike when it finds the defendant's race-neutral explanation lacks credible genuineness, particularly where the defendant accepted another juror expressing essentially the same concerns.
• Aribu v. State
  Fla. 2d DCA· 2025-07-02
  A trial court commits fundamental error when it revokes probation based on failure to pay for a condition of probation without explicitly inquiring into the defendant's ability to pay and making an explicit finding of willfulness. Reversal and remand are required when it is uncle
• Rodgers v. State
  Fla. 1st DCA· 2025-07-02
  When an adversarial relationship exists between a defendant and defense counsel regarding a motion to withdraw a plea filed before sentencing, the trial court must appoint conflict-free counsel to represent the defendant unless the record conclusively refutes the defendant's alle
• Matthews v. State
  Fla. 3d DCA· 2025-07-02
  A witness's testimony is inadmissible at trial when the witness refuses to submit to full and fair cross-examination on material matters relevant to the witness's credibility and the basis of the witness's knowledge. Additionally, testimony that is based on speculation rather tha
• Rodgers v. State
  Fla. 1st DCA· 2025-07-02
  When an adversarial relationship exists between a defendant and defense counsel regarding a motion to withdraw a plea filed before sentencing, the trial court must appoint conflict-free counsel to represent the defendant unless the record conclusively refutes the defendant's alle
• Andraus v. RP I-Drive, LLC
  Fla. 3d DCA· 2025-07-02 ·via Abuse Of Discretion Standard On Appeal
  A trial court does not abuse its discretion in denying a motion for a receiver and temporary injunction when the plaintiff fails to demonstrate a reasonable probability of irreparable injury rather than merely speculative harm.
• Quezada Veloz v. State
  Fla. 2d DCA· 2025-07-02 ·via Abuse Of Discretion Standard For Jury Instructions
  A trial court abuses its discretion by refusing to instruct the jury on a defendant's theory of defense when there is any evidence to support it, even if the trial judge doubts the merits; the jury must decide whether the defense applies.
• Davonte Barnes v. State
  Fla. 3d DCA· 2025-06-25 ·via Abuse Of Discretion Standard For Evidentiary Rulings
  The trial court did not abuse its discretion in admitting the rap video "Mr. Pull Up" because it was probative of the defendant's knowledge of the violent nature of the conspiracy and contradicted his trial defense, and the court properly refused the Independent Act jury instruct
• Germania Paola Naranjo Saenz v. Diaz
  Fla. 3d DCA· 2025-06-25
  A trial court's modification of a timesharing schedule is affirmed where the appellant fails to provide a transcript of the evidentiary hearing and does not meaningfully challenge the magistrate's recommended order, as the trial court's decision is entitled to a presumption of co
• Kenmort Props. v. Emergency Servs. 24, Inc.
  Fla. 3d DCA· 2025-06-25
  When a jury verdict results in neither party breaching a contract, a trial court does not abuse its discretion in denying attorney's fees to either party by finding that neither party prevailed.
• Stansell v. Revolutionary Armed Forces of Colombia
  S.D. Fla.· 2025-06-24
  The court denied the motion for reconsideration because it lacked jurisdiction over the interpleader actions after they were transferred to the Southern District of New York.