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

• Etiany Maria Eloi Zufi v. Stockton
  Fla. 4th DCA· 2025-01-08
  A trial court's dismissal of a personal injury action for fraud on the court must be supported by clear and convincing evidence of an unconscionable scheme calculated to interfere with the judicial system's ability to adjudicate the matter impartially. The trial court's failure t
• 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
• 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
• 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
• 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
• Aegis Asset Tr. v. Dauval
  M.D. Fla.· 2025-01-03
  The court affirmed the bankruptcy court's denial of relief under Federal Rule of Civil Procedure 60, finding that the appellants failed to satisfy the conditions for relief under any of its provisions.
• Alsaloussi v. Drummond
  Fla. 3d DCA· 2025-01-02
  Mohammed Alsaloussi and Alsaloussi Holdings, LLC appealed a trial court's order granting an emergency temporary injunction that prohibited them from liquidating, selling, or disposing of a 2018 Porsche 911 Turbo Classic pending final judgment. The appellate court affirmed the inj
• Citizens Prop. Ins. Corp. v. Escobar
  Fla. 3d DCA· 2025-01-02
  When an insured's expert applies a similar methodology to the insurer's expert and reaches a different opinion in a first-party property insurance suit, the trial court must allow both experts to testify, and trial court evidentiary rulings are reviewed for abuse of discretion.
• Essix v. State
  Fla. 3d DCA· 2025-01-02
  Calvin Essix appealed his convictions in two cases, challenging the trial court's determination that he was competent to stand trial despite evidence of mental illness. The appellate court affirmed, holding that mental illness alone does not establish incompetence without a showi
• Speck v. Aleyda K. Mejia
  Fla. 3d DCA· 2025-01-02
  Speck appeals the trial court's decision regarding a settlement agreement and related family law matters. The court affirmed the trial court's decision, applying the high standard for disregarding settlement agreements and the abuse of discretion standard for reviewing orders mod
• Essix v. State
  Fla. 3d DCA· 2025-01-02
  A sentence imposed under the habitual violent felony offender statute is not subject to the Criminal Punishment Code and errors in the sentencing guidelines scoresheet are harmless as a matter of law.
• McGathey v. Gore
  Fla. 2d DCA· 2024-12-27
  No competent substantial evidence supported the trial court's finding that Brian Gore could meet Abigail's unique needs or that his appointment was consistent with her welfare and safety. The trial court abused its discretion by discounting Abigail's testimony expressing her pref
• Anchorage Yacht Basin, Inc.
  M.D. Fla.· 2024-12-20
  The court denied the motion to lift the monition and injunction, finding that the case is a multiple-claims-inadequate-fund situation where all claims must be adjudicated in the admiralty court.
• Clark v. Kermit Hahn and Evelyn Hahn
  Fla. 5th DCA· 2024-12-19 ·via Abuse Of Discretion Standard For Expert Testimony
  Biomechanical engineers may testify about accident forces and general types of injuries those forces may generate, but they lack medical training and cannot render opinions about the precise cause of a specific plaintiff's injury. The expert's testimony that the accident could no
• Meruelo v. Meruelo
  Fla. 3d DCA· 2024-12-18
  In these consolidated appeals, the Third District Court of Appeal addressed whether a former husband's sale of his marital home interest to a company controlled by his mother during pending foreclosure proceedings was proper, and whether sale proceeds should be distributed. The c
• Gomez v. Nichols
  Fla. 3d DCA· 2024-12-18
  A receivership court's determination of whether a party has demonstrated a prima facie case of liability against a receiver is reviewed for abuse of discretion, not de novo. The appellate court must affirm when the record lacks a transcript of the hearing on which the trial court
• Feingold v. Cardinale
  S.D. Fla.· 2024-12-16 ·via Abuse Of Discretion Standard For Discovery Rulings
  The district court affirmed the magistrate judge's order quashing nonparty subpoenas, finding no clear error or misapplication of law.
• Savage v. Bustillo
  Fla. 1st DCA· 2024-12-11
  Injunctions for stalking and domestic violence were reversed because the petitioners failed to present competent, substantial evidence that a reasonable person would have suffered substantial emotional distress from the respondent's repeated but non-threatening contacts. Stalking
• Morrow v. State
  397 So. 3d 1205· Fla. 1st DCA· 2024-12-11
  A sex offender convicted of a qualifying offense on or after July 1, 2005, who accesses the internet without an approved safety plan violates the mandatory condition of sex offender probation under § 948.30(1)(h), and such violation is substantial even when the internet is used f
• Savage v. Bustillo
  Fla. 1st DCA· 2024-12-11
  Injunctions for stalking and domestic violence require competent, substantial evidence that a reasonable person would have suffered substantial emotional distress from repeated acts of following, harassment, or cyberstalking. Mere discomfort, family discord, or non-threatening re
• United States v. Quinton Simmons
  11th Cir.· 2024-12-06
  The court held that the district court did not abuse its discretion in preventing the defendant from playing new video clips during closing arguments, nor did it err in denying the defendant's Batson challenge.
• Schofield v. Monroe Cnty.
  Fla. 3d DCA· 2024-12-04
  Mark Schofield appeals a foreclosure judgment based on Monroe County's code enforcement lien for violations on his abandoned Key Largo property. The court affirmed the $2.06 million judgment, rejecting Schofield's challenges to the sufficiency of the notice, the validity of stipu
• Gianino v. State
  Fla. 1st DCA· 2024-12-04
  Christopher Lee Gianino appeals his conviction for sexual battery by a person in familial or custodial authority, challenging the admission of similar-fact evidence of four other child molestation acts and various fees and costs imposed at sentencing. The court affirmed the admis
• Trevie Burrell
  Del.· 2024-12-02
  The appellate court affirmed the defendant's convictions, holding that the trial court did not abuse its discretion in admitting prison communications as co-conspirator statements and evidence of identity/motive/intent. The court also found no abuse of discretion in admitting a r
• White v. Eslinger
  M.D. Fla.· 2024-11-27
  In a 42 U.S.C. § 1983 prisoner civil rights action, the district court granted a pro se plaintiff's motion to waive Local Rule 3.04's fourteen-day notice requirement for depositions, finding good cause based on mail delays and an approaching discovery deadline.
• State v. Lakesha Poitier
  Fla. 4th DCA· 2024-11-27
  A trial court does not abuse its discretion in dismissing criminal charges when the State refuses to proceed with trial without good faith reason, particularly where the State has previously consented to the trial format and later demands a change on the day of trial without seek
• Lawrence v. State
  Fla. 5th DCA· 2024-11-22 ·via Abuse Of Discretion Standard For Evidentiary Rulings
  The trial court abused its discretion by admitting testimony from the investigating officer regarding his experience with over 50 other hand-to-hand drug transactions and 48 prior controlled buys to explain gaps in the State's evidence and bolster the officer's credibility. Such
• Primecare Network, Inc. v. Payroll LLC
  Fla. 4th DCA· 2024-11-13
  Primecare Network, Inc. appealed the denial of its motion to vacate a default final judgment and an accompanying writ of garnishment. The Fourth District Court of Appeal reversed, finding that both the clerk's default and the judicial default were void due to procedural due proce
• Miami Donuts Payroll v. Villarreal
  Fla. 1st DCA· 2024-11-06
  A judge of compensation claims abuses discretion by denying a continuance motion when the requesting party demonstrates that circumstances necessitating the continuance are beyond its control, such as an expert witness's unexpected change of opinion that undermines the party's de
• Midland Credit Mgmt., Inc. v. Maitland
  Fla. 3d DCA· 2024-11-06
  Midland Credit Management appeals the trial court's order dismissing its action against Terry Maitland with prejudice due to failure to effect service within the required timeframe. The appellate court holds that dismissal with prejudice was an abuse of discretion and that Florid
• Imperial Paving, LLC v. Trujillo
  Fla. 3d DCA· 2024-10-30
  Imperial Paving, LLC and related defendants appealed the trial court's denial of their motions to dismiss for improper venue and to transfer venue based on forum non conveniens. The Third District Court of Appeal affirmed, holding that the trial court properly applied the legal s
• Crouch v. Brumer
  Fla. 3d DCA· 2024-10-30
  Gary Crouch appeals a post-judgment order denying his motions to impose sanctions against Brumer and others for allegedly violating a confidentiality agreement by filing certain documents. The trial court ruled that filing documents into a sealed court record did not violate the
• Eliduvir Carvajal Sanchez v. Irizarry
  Fla. 3d DCA· 2024-10-30
  In this quiet title and eviction action, the Florida District Court of Appeal affirmed the trial court's entry of a default final judgment against defendant Sanchez, finding no abuse of discretion in denying her motion to vacate the judicial default and in awarding rent damages t
• Sills v. Motor Car Concepts II, Inc.
  Fla. 6th DCA· 2024-10-25
  Stephanie Sills appealed a trial court's final judgment confirming an arbitration award and granting attorney's fees to Motor Car Concepts II, Inc., as well as the trial court's denial of her motion for rehearing. The appellate court dismissed the first appeal for lack of jurisdi
• Sills v. Motor Car Concepts I I, Inc.
  Fla. 6th DCA· 2024-10-25
  Stephanie Sills appealed a trial court's judgment confirming an arbitration award and denying her motion for rehearing in a dispute with a used car dealer. The court dismissed the appeal on jurisdictional grounds because Sills failed to timely serve her motion for rehearing on th
• Gemini Ins. Co. v. Zurich Am. Ins. Co.
  119 F.4th 1296· 11th Cir.· 2024-10-23
  The Eleventh Circuit held that Gemini's 'other insurance' clause is excess to Zurich's, reversing the district court's pro rata allocation and remanding for a $1,000,000 judgment for Gemini. The court also affirmed the award of prejudgment interest on the first $500,000 and direc
• White Cap, L.P. v. Heyden Enters., LLC
  S.D. Fla.· 2024-10-22
  The District Court affirmed the Magistrate Judge's order, holding that company-wide financial net worth discovery is relevant to punitive damages claims and that the requested temporal scope was justified.
• Jenkins v. BP Exploration & Prod. Inc.
  11th Cir.· 2024-10-18
  The court held that toxic-tort plaintiffs must demonstrate the levels of exposure to alleged toxins that are hazardous to human beings generally to prove general causation, and the district court did not abuse its discretion in excluding experts who failed to do so.
• Bourlakova v. Landau
  Fla. 3d DCA· 2024-10-16
  Elena Bourlakova and other plaintiffs appealed a trial court's denial of their motions to dismiss defendants' amended counterclaims based on forum non conveniens. The Florida appellate court affirmed the trial court's decision, holding that the court did not abuse its discretion
• Bourlakova v. Nikolai Kazakov
  Fla. 3d DCA· 2024-10-16
  Appellants appealed a non-final order denying their motions to dismiss defendants' amended counterclaims based on forum non conveniens. The Third District Court of Appeal consolidated two appeals and affirmed the trial court's denial, finding no abuse of discretion in the forum n
• State v. Mallory H. Oliff
  Fla. 1st DCA· 2024-10-16
  The State charged Appellee with three counts of sexual battery on different victims. After the trial court denied the State's continuance motion due to lack of due diligence in securing a witness, the State nolle prossed the charges on the morning of trial and refiled them days l
• Merfe Constr. Corp. v. Mirtha Morales
  Fla. 3d DCA· 2024-10-16
  A trial court does not abuse its discretion in denying attorney's fees under section 57.105 when the losing party's arguments, though unsuccessful, have an arguable basis in law and fact.
• Cruz v. Morales
  Fla. 3d DCA· 2024-10-16
  Andrea Catalina Cruz appeals a trial court's order denying her petition to relocate with her minor child. The appellate court affirmed the denial, finding that the trial court's decision was supported by competent, substantial evidence and properly analyzed the statutory factors
• State v. Mallory H. Oliff
  Fla. 1st DCA· 2024-10-16
  The State of Florida appeals the dismissal of three criminal sexual battery cases after the State nolle prossed charges on trial date due to an unavailable witness, then refiled the charges days later. The appellate court reverses, holding that the State's exercise of its sole di
• State of Fla. v.Mallory H. Oliff
  Fla. 1st DCA· 2024-10-16
  The State of Florida appeals the dismissal of three sexual battery cases after it entered a nolle prosequi due to an unavailable witness and then refiled the charges. The court reversed, holding that the State's right to nolle prosequi at any time prior to jury empanelment is abs
• Burnell v. State
  Fla. 3d DCA· 2024-10-16
  Corey Burnell appealed a trial court decision, raising Confrontation Clause and cross-examination issues. The Florida District Court of Appeal affirmed the lower court's judgment, holding that Burnell failed to preserve his Confrontation Clause challenge for appeal and that the t
• United States v. Constantine Varazo, II
  118 F.4th 1346· 11th Cir.· 2024-10-10
  The court held that any error in admitting hearsay statements was harmless because the declarant later testified and was subject to cross-examination, and that chain of custody challenges generally go to the weight, not admissibility, of evidence.
• Rabinovitch v. Statewide Emp. Benefits Comm. (Sebc
  Del. Super. Ct.· 2024-10-02
  The State Employee Benefits Committee's (SEBC) decision denying Rabinovitch's claim for Short Term Disability benefits is affirmed. The court found no legal error and that the SEBC's decision was supported by substantial evidence. Rabinovitch's arguments regarding the Americans w
• Murphy v. Miami FL Home Solutions LLC
  Fla. 3d DCA· 2024-10-02
  Rule 1.540(b) motions cannot be used to correct alleged legal error in a final judgment; they are limited to the strictly enumerated grounds specified in the rule.
• Forrey v. Marlin Constr. Grp., LLC
  Fla. 6th DCA· 2024-09-30
  A trial court abuses its discretion when awarding bad faith attorney fees without making specific findings that each sanctioned party acted in bad faith, and when awarding fees for work that was inextricably intertwined with the underlying claims rather than only fees directly ca