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

• 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
• M.P. v. Dep't of Child. & Families
  Fla. 4th DCA· 2025-04-09
  Parents appealed the trial court's denial of motions for extraordinary relief seeking to overturn termination of parental rights based on newly discovered evidence of genetic disorders that could explain their children's unexplained injuries. The appellate court affirmed the tria
• Casey v. Finch
  Fla. 3d DCA· 2025-04-09
  A trial court does not abuse its discretion by declining to hold a party in contempt for filing a federal declaratory relief lawsuit, even where prior state court injunctions exist, when no reported Florida case supports such a contempt finding and the allegedly contemptuous act
• A. L. W. v. State
  Fla. 2d DCA· 2025-04-09
  It is reversible error for a juvenile court to order restitution without making findings on the record concerning the juvenile's ability to pay or expected earning capacity prior to imposing the restitution order.
• Woldense v. Ernica Ferdinand
  Fla. 3d DCA· 2025-04-09
  An injunction for protection against domestic violence is reviewed for abuse of discretion, and without a complete record of trial proceedings, the appellate court cannot conclude the trial court's judgment is unsupported by evidence.
• M.P. v. Dep't of Child. & Families
  Fla. 4th DCA· 2025-04-09
  Parents appealed the trial court's denial of third and fourth motions for extraordinary relief seeking to reopen termination of parental rights proceedings based on alleged newly discovered medical evidence regarding genetic conditions that could explain their children's injuries
• T.P. v. Dep't of Child. & Families
  Fla. 4th DCA· 2025-04-09
  The trial court did not abuse its discretion in denying the parents' third and fourth motions for extraordinary relief because the parents failed to exercise due diligence and did not present newly discovered evidence, but rather new expert opinions based on previously available
• F.E.O. v. Dep't of Child. & Families
  Fla. 3d DCA· 2025-04-02
  A parent's failure to appear at an adjudicatory hearing for termination of parental rights, after being properly ordered to appear with notice of date, time, and location, constitutes consent to termination under Fla. Stat. § 39.801(3)(e).
• 940 Ocean Drive, LLC v. Sobe USA, LLC
  Fla. 3d DCA· 2025-04-02
  The trial court properly sanctioned the landlord by striking its pleadings for fraud on the court based on clear and convincing evidence that the landlord hired a private investigator to make false noise complaints to Code Enforcement and failed to disclose this scheme during dis
• Suiter v. State
  Fla. 2d DCA· 2025-03-28 ·via Abuse Of Discretion Standard For Evidentiary Rulings
  Evidence of a defendant's prior hateful statements and threats to harm children is admissible to prove motive in a grand theft prosecution when motive is a material fact at issue, provided the trial court carefully limits the testimony to exclude explicitly racist content and the
• Hunter v. Hunter
  Fla. 5th DCA· 2025-03-28
  A trial court abuses its discretion when it uses gross income rather than net income in calculating child support obligations under Florida's statutory guidelines. The trial court's income findings must be supported by competent substantial evidence and calculated in accordance w
• Boyd v. Universal Prop. & Cas. Ins. Co.
  Fla. 4th DCA· 2025-03-26 ·via Abuse Of Discretion Standard For Evidentiary Rulings
  The trial court did not abuse its discretion in allowing the insurer's corporate representative to testify based on personal knowledge derived from his job duties and review of the underwriting file, and properly excluded a notated photograph where both witnesses indicated they c
• Sanzaro v. Crowe
  Fla. 6th DCA· 2025-03-21
  Steven Sanzaro appeals a trial court's final judgment granting an injunction for protection against stalking filed by Katherine Grace Crowe, raising three issues. The appellate court affirmed the judgment on all three issues, finding no abuse of discretion in the trial court's de
• E. Winds Consulting, LLC v. Sky Harbour Condo. Ass'n, Inc.
  Fla. 2d DCA· 2025-03-21 ·via Abuse Of Discretion Standard For Fee Awards
  A nonparty purchaser at a foreclosure sale lacks standing to file a motion to vacate the underlying foreclosure judgment under Florida Rule of Civil Procedure 1.540(b), which limits such relief to parties or their legal representatives. The DeStefanos' alternative grounds to vaca
• Eloyn Ingraham v. State
  Fla. 4th DCA· 2025-03-19 ·via Abuse Of Discretion Standard For Trial Court Rulings
  The trial court did not abuse its discretion in denying the defendants' motions to sever the joint trial. A joint trial does not require severance merely because co-defendants blame each other, provided each defendant receives a fair trial and can adequately present his defense.
• PDX Real Est., LLC v. Romazer Grp., LLC
  Fla. 3d DCA· 2025-03-19
  PDX Real Estate appealed the trial court's denial of its motion to intervene in a case involving Romazer Group. The Third District Court of Appeal affirmed the denial, holding that post-judgment motions to intervene are rarely granted unless intervention will not injuriously affe
• Delancy v. State
  Fla. 4th DCA· 2025-03-19
  Three co-defendants appealed their convictions for first-degree murder of a Broward Sheriff's Deputy, attempted first-degree murder, and conspiracy to commit murder. The appellate court affirmed the convictions and sentences, focusing on the trial court's denial of motions to sev
• Busto v. Arias
  Fla. 3d DCA· 2025-03-19
  The trial court's business valuation using the seller's discretionary earnings method, home valuation based on more recent financial affidavits, and imputed income calculation were all supported by competent substantial evidence and within the trial court's broad discretion in eq
• Latrice Pla v. Rierson
  Fla. 3d DCA· 2025-03-19
  The trial court properly denied Pla's motion for directed verdict because expert testimony established that Pla could have seen the pedestrian and avoided the accident, and the court properly denied the new trial motion because any evidentiary errors were harmless and invited by
• Forbes v. State
  Fla. 4th DCA· 2025-03-19
  Three co-defendants appealed their convictions for first-degree murder of a Broward Sheriff's Deputy, attempted first-degree murder, and conspiracy to commit murder. The appellate court affirmed their convictions and sentences, focusing its written analysis on rejecting their pre
• Ravelo v. Payret
  Fla. 3d DCA· 2025-03-12 ·via Gross Abuse Of Discretion
  Roman Ravelo appeals the trial court's order denying his rule 1.540(b) motion to vacate a default final judgment following an evidentiary hearing on remand. This is Ravelo's second appeal in the case; the court previously reversed and remanded for an evidentiary hearing to determ
• Domer v. Martin
  Fla. 1st DCA· 2025-03-12
  Carl Randall Domer appealed a trial court's final order on equitable distribution in a family law matter. The appellate court affirmed the lower court's order, finding that Domer failed to demonstrate an abuse of discretion and raised no facial deficiency in the order.
• Williams v. Cook
  Fla. 5th DCA· 2025-03-07
  A temporary injunction order is legally insufficient and must be reversed and remanded when it fails to contain clear and sufficient factual findings supporting each of the four required elements and fails to require a bond, as mandated by Florida Rule of Civil Procedure 1.610(b)
• Sherman Hills Homeowners Ass'n, Inc. v. Sierra
  Fla. 5th DCA· 2025-03-07
  A homeowners association sufficiently pleaded causes of action for declaratory relief and unjust enrichment where it alleged a bona fide dispute regarding whether property owners were subject to restrictive covenants and HOA assessments, and alleged that property owners benefited
• Mishkin v. Mishkin
  Fla. 3d DCA· 2025-03-05
  Saul Mishkin appealed a non-final order from Miami-Dade Circuit Court suspending his timesharing rights with his child. The Third District Court of Appeal affirmed the trial court's emergency suspension of timesharing, holding that courts have discretion to temporarily modify par
• Smith v. Smith
  Fla. 3d DCA· 2025-03-05 ·via Abuse Of Discretion Standard For Continuance
  Samuel Lee Smith, Jr. appeals a final judgment awarding child support arrearages to his ex-partner Natasha Katherina Smith for their sixteen-year-old son. The father challenges the trial court's denial of his eleventh-hour motion for continuance and contends that referring the ca
• White v. Eslinger
  M.D. Fla.· 2025-03-04
  The court affirmed the magistrate judge's order denying the plaintiff's motion for sanctions, finding it was untimely and that the magistrate did not commit clear error.
• Citizens Prop. Ins. Corp. v. Avila
  Fla. 3d DCA· 2025-02-26 ·via Abuse Of Discretion Standard For Jury Instructions
  A trial court does not abuse its discretion in denying a motion for directed verdict or judgment notwithstanding the verdict when conflicting evidence was presented at trial that could support a verdict for the nonmoving party.
• Dante Austin v. State
  Fla. 4th DCA· 2025-02-19 ·via Abuse Of Discretion Standard On Appeal
  The trial court did not abuse its discretion in controlling comments during closing argument, and any claims regarding insufficient evidence of public defender fees or lack of notice of hearing rights constitute invited error more appropriately addressed through a rule 3.850 moti
• Universal Prop. & Cas. Ins. Co. v. Brilus
  Fla. 4th DCA· 2025-02-19
  A trial court abuses its discretion by denying remittitur when a jury verdict for damages substantially exceeds the only competent evidence presented at trial; here, the jury's award of $168,168.77 was unsupported because only the general contractor's testimony established repair
• Nunes v. Nathalie Krup
  Fla. 4th DCA· 2025-02-19
  A trial court's valuation of a marital asset for equitable distribution must be supported by competent substantial evidence and cannot rest solely on settlement negotiation communications that are inadmissible under Florida Statute § 90.408.
• Horton v. Captain Gilchrist
  128 F.4th 1221· 11th Cir.· 2025-02-13
  A district court is not required to sua sponte allow a pro se plaintiff to amend their complaint before granting summary judgment.
• Blue Condo. Ass'n, Inc. v. Blue Grouper Ventures, LLC
  Fla. 3d DCA· 2025-02-12
  A party that prevails on the significant issues in litigation and secures the primary relief sought is entitled to an award of attorney's fees and costs.
• Hendry v. Ankinyele Adams
  Fla. 3d DCA· 2025-02-12
  A trial court abuses its discretion when it admits evidence of racial discrimination in a case where the plaintiff failed to plead racial discrimination in the operative complaint. The plaintiff must plead both his race and that he was arrested for racial reasons; evidence of dis
• Sundby v. Marks
  Fla. 3d DCA· 2025-02-12
  The Third District Court of Appeal affirmed the lower court's dismissal of the appellants' complaint. The court found that the complaint failed to state a cause of action because it contained only vague and conclusory allegations, rather than specific factual assertions supportin
• Benny Boyd Mooney v. State
  Fla. 1st DCA· 2025-02-12
  The trial court properly denied Mooney's motion for judgment of acquittal because circumstantial evidence sufficiently established that Mooney shot the victim with ill will, hatred, spite, or evil intent, satisfying the depraved mind element of attempted second-degree murder. The
• The Netherland of S. Beach Condo. Ass'n, Inc. v. Ankinyele Adams
  Fla. 3d DCA· 2025-02-12
  The Third District Court of Appeal reversed a $5.3 million judgment against a condominium association and club management company, holding that the trial court abused its discretion by admitting evidence of racial discrimination when the plaintiff failed to plead such a claim in
• Hill v. Dixon
  Fla. 1st DCA· 2025-02-12
  The First District Court of Appeal of Florida dismissed a petition for a writ of certiorari because the petitioner was released from prison, rendering the case moot. The court cited a prior case with similar reasoning for its decision.
• T. v. U. v. State of Fla.
  Fla. 2d DCA· 2025-02-12
  T.V.U., a former Walmart cashier charged with grand theft, appeals her delinquency disposition after the trial court admitted hearsay testimony about register shortages based on unadmitted business records. The Second District Court of Appeal reversed, holding that testimony rega
• Next Med. Fla., LLC v. Peak Prop. & Cas. Ins. Corp.
  Fla. 3d DCA· 2025-02-05
  A trial court's order granting a motion to transfer on forum non conveniens grounds is reviewed for abuse of discretion and will be affirmed where the appellant bears the burden of demonstrating error and fails to provide a transcript.
• United States v. Olson
  127 F.4th 1266· 11th Cir.· 2025-02-03
  The court affirmed the sentence, holding that the district court's statement that it would have imposed the same sentence regardless of whether it was a departure or variance, combined with the sentence's substantive reasonableness, rendered any procedural error harmless.
• Kiki De Jager v. Gerhard Austen De Jager
  Fla. 3d DCA· 2025-01-29
  Wife appeals a final judgment of injunction for protection against domestic violence entered by the trial court in favor of Husband. The appellate court affirmed the injunction, finding it was supported by competent, substantial evidence and that the trial court properly exercise
• Un Monde Nouveau, Inc. v. Young Men's Christian Ass'n of S. Fla., Inc.
  Fla. 3d DCA· 2025-01-29
  A New World Academy appealed the dismissal of its third amended complaint against the YMCA of South Florida. The Florida District Court of Appeal affirmed the trial court's dismissal with prejudice, holding that courts are not required to allow plaintiffs unlimited opportunities
• Isaac Indus., Inc. v. Bariven S.A.
  127 F.4th 289· 11th Cir.· 2025-01-24
  The Eleventh Circuit affirmed the district court's grant of summary judgment, holding that the oil companies waived their challenges to personal jurisdiction and sovereign immunity by failing to properly raise them in the lower court proceedings.
• Liang v. Dep't of Health
  Fla. 1st DCA· 2025-01-23
  Liang appeals the Florida Board of Massage Therapy's decision revoking her massage therapy license. The appellate court holds that the Board abused its discretion by deviating from the disciplinary guidelines and applying the "deterrent effect" aggravating factor without factual
• Brennan v. The Name Change of Lauren Michelle Brennan
  Fla. 4th DCA· 2025-01-15
  A circuit court abuses its discretion by denying a motion for rehearing in an uncontested minor name-change case when the motion is supported by affidavits from the parents and stepfather explaining why the name change is in the child's best interests, even if the initial petitio
• Smith v. Chevillet
  Fla. 4th DCA· 2025-01-08
  A former husband appeals a final judgment of dissolution that awarded his former wife rehabilitative alimony and spousal support payments. The Fourth District Court of Appeal reversed the rehabilitative alimony award for lack of competent substantial evidence and a specific rehab
• Angeles-Delgado v. Benitez
  Fla. 3d DCA· 2025-01-08
  The Third District Court of Appeal reversed a trial court's order granting a new trial in a negligence case, holding that the trial court abused its discretion by finding the jury verdict against the manifest weight of the evidence when conflicting expert testimony existed on key
• Rosario Valer v. Citizens Prop. Ins. Corp.
  404 So. 3d 570· Fla. 3d DCA· 2025-01-08
  Valer appeals a summary judgment granted in favor of Citizens Property Insurance Corporation in a property insurance claim dispute. The central issues are whether the trial court abused its discretion by denying Valer's motion for a continuance and by shifting the burden of proof
• Alton Forbes v. People's Tr. Ins. Co.
  Fla. 4th DCA· 2025-01-08
  An insurance policyholder appealed a summary judgment ruling against her for failing to submit a required proof of loss form for a property damage claim. The circuit court held that the proof of loss was an independent contractual obligation separate from any insurer misconduct r