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

• Lorenzo v. State
  Fla.· 2025-06-19
  Steven Lorenzo was convicted of two counts of first-degree murder and sentenced to death for drugging, torturing, and killing two men in 2003. The Florida Supreme Court affirmed his convictions and death sentences, finding no error in permitting him to represent himself or in the
• Cota v. State
  Fla. 1st DCA· 2025-06-18
  A trial court does not abuse its discretion in denying a motion to discharge appointed counsel when the defendant's complaints amount to generalized dissatisfaction with counsel's representation and strategic decisions, particularly when those decisions are reasonable and made af
• Eloquence on the Bay Condo. Ass'n, Inc. v. CDC Builders, Inc.
  Fla. 3d DCA· 2025-06-18 ·via Abuse Of Discretion Standard For Jury Instructions
  A trial court does not abuse its discretion in modifying jury instructions mid-trial when the plaintiff fails to object based on prejudice, acquiesces to the modification, and fails to timely request relief such as reopening evidence or moving for mistrial. A party's failure to p
• Antron Colston v. State
  Fla. 1st DCA· 2025-06-18 ·via Abuse Of Discretion Standard For Evidentiary Rulings
  GPS records with handwritten marks and username information extracted from cell phones are admissible as business records and non-hearsay evidence.
• Scottoline
  Del.· 2025-06-18
  The Delaware Supreme Court affirmed the Superior Court's exclusion of an expert's causation opinion, holding that the opinion lacked a reliable scientific basis and methodology. The court found that the expert failed to demonstrate that hypoxic-ischemic encephalopathy (HIE) cause
• Graydus v. Graydus
  414 So. 3d 213· Fla. 4th DCA· 2025-06-11
  Husband appeals the trial court's amended final judgment dissolving his marriage, raising nine issues. The appellate court affirms seven issues without discussion but finds merit in two: the trial court abused its discretion in awarding Wife attorney's fees without competent, sub
• Katharine Keches v. Portfolio Recovery Assocs., LLC
  Fla. 4th DCA· 2025-06-11
  A trial court abuses its discretion by entering a final judgment without holding a hearing on a pro se defendant's motion for relief from judgment based on excusable neglect caused by technological difficulties with a Zoom hearing.
• Atoya Holmes v. State
  Fla. 3d DCA· 2025-06-11
  The trial court abused its discretion by permitting the State to conduct extensive cross-examination regarding a prior 2017 shooting incident that went far beyond what was necessary to correct Holmes' allegedly misleading testimony, and this error was presumptively harmful and no
• Torolopez v. State
  Fla. 3d DCA· 2025-06-11
  The trial court did not abuse its discretion by refusing to conduct a Richardson hearing where the witness's trial testimony constituted a simplification and clarification of his deposition testimony rather than a material change in substance.
• Garey Nehrke v. Leisureville Cmty. Ass'n, Inc.
  Fla. 4th DCA· 2025-06-11 ·via Gross Abuse Of Discretion
  When a party timely objects to a foreclosure sale under Florida Statute § 45.031(8), the trial court must hold an evidentiary hearing to address the objections. The trial court's summary denial of a timely objection without a hearing is reversible error.
• Erste Asset Mgmt.
  Del.· 2025-06-09
  The Delaware Supreme Court reversed the Court of Chancery's dismissal of Erste's claim for relief from judgment under Rule 60(b)(3), holding that the rule applies to fraud between parties that prevents a party from fairly presenting its case, not solely to fraud on the court. The
• Zagg Inc. v. TX Trading, Inc.
  S.D. Fla.· 2025-06-09
  The district court affirmed the magistrate judge's order denying a motion to compel discovery, finding the request for board members' emails was untimely and overly burdensome.
• Cochran v. State
  Fla. 6th DCA· 2025-06-06 ·via Abuse Of Discretion Standard For Evidentiary Rulings
  A trial court abuses its discretion by overruling an objection to improper bolstering when a detective directly comments on a witness's credibility, whether regarding trial or pretrial credibility. The error was not harmless beyond a reasonable doubt where the witness's testimony
• K. L. v. State
  Fla. 2d DCA· 2025-06-06
  Hearsay evidence used to establish restitution for vehicle depreciation must meet the statutory requirement of minimal indicia of reliability, and testimony based solely on unidentified third parties' statements without supporting documentation fails to satisfy that standard.
• Lau v. Nizalena Gonzalez
  Fla. 3d DCA· 2025-06-04
  A permanent injunction for protection against domestic violence is affirmed when the petitioner establishes competent, substantial evidence of domestic violence or reasonable cause to believe she is in imminent danger of becoming a victim of domestic violence.
• Juravin v. Bella Collina Prop. Owners Ass'n, Inc
  M.D. Fla.· 2025-05-27
  The court held that the bankruptcy court did not abuse its discretion in imposing sanctions, including striking pleadings and entering default judgment, for repeated non-compliance with court orders and failure to appear at trial, and that the appellants were not denied due proce
• Jean-Philippe Schneider v. Tirikian
  Fla. 3d DCA· 2025-05-21
  A trial court does not abuse its discretion in denying a motion to disqualify opposing counsel when the motion lacks sufficient grounds under applicable legal principles.
• Neilen v. Proforce Staffing, Inc.
  Fla. 2d DCA· 2025-05-21
  An involuntary dismissal under Florida Rule of Civil Procedure 1.420(b) in a bench trial is improper when the nonmoving party has presented competent, substantial evidence establishing a prima facie case, even if the trial court believes the evidence fails to meet the burden of p
• Carl Domino, Inc. v. Dixon
  Fla. 4th DCA· 2025-05-21 ·via Abuse Of Discretion Standard For Fee Awards
  A party seeking attorney's fees on multiple claims bears the burden of allocating fees between claims for which fees are awardable and those for which they are not, and must demonstrate that claims are inextricably intertwined by showing both a common core of facts and related le
• Quintana v. Saulsberry
  N.D. Fla.· 2025-05-20
  The court held that the Bureau of Prisons (BOP) did not abuse its discretion in denying credit for time served in Montenegro, nor is the petitioner entitled to additional First Step Act (FSA) credits without alleging successful completion of programming.
• Olympus Pools, Inc. v. 30 Day Pools, LLC
  Fla. 2d DCA· 2025-05-16 ·via Gross Abuse Of Discretion
  When an appellant fails to provide a transcript or adequate substitute for an unreported hearing on a motion to set aside a default judgment, the appellate court must affirm the trial court's order because the record is insufficient to demonstrate a gross abuse of discretion.
• Brown v. State
  Fla. 3d DCA· 2025-05-14
  The trial court did not abuse its discretion in its rulings on voir dire, admission of evidence, limitation of cross-examination, and closing arguments.
• Castano v. State
  Fla. 3d DCA· 2025-05-14
  Communications made during family counseling with clergy are protected by the clergy communication privilege under § 90.505, Fla. Stat., when a spouse's presence is essential to furthering the counseling purpose and the communicant reasonably expected privacy outside the family u
• Carmonajaca v. State
  Fla. 3d DCA· 2025-05-14
  The trial court did not abuse its discretion in denying a cause challenge for a juror with alleged pro-police bias or in precluding cross-examination regarding the victim's mental health history.
• HM Florida-ORL, LLC v. Sec'y of the Fla. Dep't of Bus. & Prof'l Reg.
  11th Cir.· 2025-05-13
  Florida's Senate Bill 1438 criminalized knowingly admitting children to "adult live performances," including those depicting "lewd conduct," but the Eleventh Circuit Court of Appeals held the law was likely unconstitutional on its face because the vague definition of "lewd conduc
• United States v. Rivera
  136 F.4th 1284· 11th Cir.· 2025-05-12
  A superseding indictment that is independently timely under the statute of limitations does not need to "relate back" to a prior indictment, even if it broadens or substantially amends the original charges.
• State v. Trevino
  Fla. 6th DCA· 2025-05-09
  A trial court abuses its discretion when it sua sponte dismisses criminal charges over the State's objection based on the trial court's assessment that the prosecution's case is weak. The decision to prosecute or dismiss charges is solely the State's prerogative absent a statute
• Rivera-Rodriguez v. Broton
  M.D. Fla.· 2025-05-08
  The Bureau of Prisons (BOP) did not abuse its discretion in denying the petitioner's request for a nunc pro tunc designation or credit for time served on his state sentence, as the federal court did not order concurrent sentences and the time was already credited to another sente
• The First Baptist Church of Greater Miami v. Miami Baptist Ass'n, Inc.
  Fla. 3d DCA· 2025-05-07
  A trial court does not abuse its discretion in imposing discovery sanctions when a party inexcusably delays in asserting a privilege objection, as determined under the reasonableness test.
• Universal Prop. & Cas. Ins. Co. v. Chousleb
  Fla. 3d DCA· 2025-05-07
  A trial court does not abuse its discretion in excluding cumulative witness testimony when a party seeks to recall a witness to elicit testimony already presented to the jury.
• Elysse v. State
  Fla. 3d DCA· 2025-05-07
  A trial court does not abuse its discretion by denying a motion to compel disclosure of a confidential informant without an in camera hearing when the defendant's sworn motion fails to allege facts that, if true, would support a specific asserted defense.
• Karls v. State
  Fla. 2d DCA· 2025-05-07 ·via Abuse Of Discretion Standard For Evidentiary Rulings
  A trial court abuses its discretion by excluding defense testimony that tends to establish reasonable doubt of guilt, even if the testimony may not be particularly persuasive. A defendant has a constitutional right to present witnesses in his defense, and evidence relevant to whe
• Walters v. State
  Fla. 3d DCA· 2025-05-07
  A successive motion for postconviction relief raising a claim of ineffective assistance of counsel based on newly discovered evidence is properly denied as procedurally barred when the same claim was previously adjudicated and the evidence could have been discovered through due d
• McMath v. State
  Fla. 1st DCA· 2025-05-07
  Time limitations on voir dire do not constitute per se reversible error; instead, their reasonableness must be evaluated on a case-by-case basis considering the facts and circumstances. The trial court did not abuse its discretion in imposing a 75-minute limit where the parties h
• Hutchinson v. State
  Fla.· 2025-04-30
  Jeffrey Hutchinson was convicted and sentenced to death for four murders committed in 1998. He challenged his competency to be executed under the Eighth Amendment, arguing that delusional beliefs about government conspiracy prevented him from rationally understanding the reasons
• United States v. Booker
  11th Cir.· 2025-04-30
  The Eleventh Circuit held that the district court did not abuse its discretion in admitting evidence of the defendant's prior state drug convictions, even though they were Alford pleas, because they were relevant to intent and not substantially outweighed by prejudice.
• Ogden v. DiFelice
  Fla. 5th DCA· 2025-04-25
  A defendant who makes clear and unequivocal admissions in his answer to a complaint cannot later move to set aside a judgment by claiming he was the wrong defendant, particularly when he failed to raise the issue at trial. Admissions in pleadings are binding and withdraw facts fr
• T.R. v. Dep't of Child. & Families
  Fla. 3d DCA· 2025-04-23
  A trial court's termination of parental rights is affirmed when supported by substantial and competent evidence, even absent expert testimony, provided the evidence demonstrates that the circumstances necessitating the case plan have not been sufficiently remedied.
• Jean-Philippe Schneider v. Tirikian
  Fla. 3d DCA· 2025-04-23
  A trial court does not abuse its discretion in denying a motion to disqualify counsel when the motion lacks sufficient legal grounds, as disqualification is a drastic remedy employed only in limited circumstances.
• Alvarez v. All Star Boxing, Inc.
  Fla. 3d DCA· 2025-04-23
  Where a plaintiff proves unjust enrichment liability but fails to quantify damages beyond conceded amounts with competent, substantial evidence and a fact-based chain of reasoning, judgment must be limited to those conceded amounts. The trial court abused its discretion by awardi
• Valdes v. State
  Fla. 3d DCA· 2025-04-23
  The trial court's judgment is affirmed because the errors alleged do not warrant reversal under either the abuse of discretion or harmless error standard.
• Alvarez v. All Star Boxing, Inc.
  Fla. 3d DCA· 2025-04-23
  Saul Alvarez appeals a judgment awarding All Star Boxing $1,045,418.83 in unjust enrichment damages ($45,418.83 in expenses plus $1 million for promotional services). The court reverses the $1 million award as lacking competent, substantial evidence and remands for entry of judgm
• Dorsett v. Ferguson
  Fla. 2d DCA· 2025-04-23
  A trial court abuses its discretion by sua sponte modifying a party's right to claim a federal income tax exemption for a child when neither party requested such modification in their pleadings.
• Carrillo v. Warden FPC Pensacola
  N.D. Fla.· 2025-04-21
  The court recommended dismissal of the petition for a writ of habeas corpus because the petitioner failed to exhaust administrative remedies and, alternatively, is not entitled to relief on the merits regarding sentencing credits or prerelease custody.
• Sadiq v. U.S. Courts
  M.D. Fla.· 2025-04-18
  The court held that appellate review of the bankruptcy court's dismissal order is impossible without a transcript of the confirmation hearing, and granted the pro se appellant an opportunity to obtain and file the transcript.
• Santoro v. PJT Holdings, LLC
  Fla. 3d DCA· 2025-04-16
  A trial court does not abuse its discretion in denying a motion to transfer venue when the defendant fails to establish substantial inconvenience or undue expense. A plaintiff's forum selection is presumptively correct, and the burden rests on the defendant to overcome that presu
• Southpoint Shore Mgmt. LLC v. Homexpo Miami Corp.
  Fla. 3d DCA· 2025-04-16
  Unlicensed contractors are prohibited by section 489.128, Florida Statutes, from asserting contractual defenses, and a trial court abuses its discretion by permitting such defenses to be presented to a jury when the contractor's status as unlicensed is established.
• Cayard v. US Bank Nat'l Ass'n & Melrose Homes at Monarch Lakes Homeowners Ass'n, Inc.
  Fla. 4th DCA· 2025-04-16
  A trial court violates due process and abuses its discretion by excluding a party from a Zoom hearing until after the opposing party's case-in-chief and then refusing to allow meaningful cross-examination of exhibits admitted as business records without proper foundational testim
• Noble v. Wexford Health Sources, Inc.
  Fla. 4th DCA· 2025-04-16
  When a motion for relief from judgment sets forth a colorable entitlement to relief based on excusable neglect, the trial court abuses its discretion by denying the motion without conducting an evidentiary hearing. Technical difficulties preventing a party from accessing a video
• Abelado Cervantes v. State
  Fla. 3d DCA· 2025-04-16
  A trial court's written probation revocation order must be corrected to conform to the trial court's oral pronouncements when the written order includes violations that were not proven or were withdrawn by the prosecution.