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

• Sloan v. Fisher
  Fla. 5th DCA· 2024-06-21
  Improper closing argument comments that are objected to and cured by jury instructions do not constitute fundamental error warranting a new trial unless they are harmful, incurable, and so damaging to trial fairness that the public's interest in justice requires a new trial.
• Malley v. Cortney Malley
  Fla. 4th DCA· 2024-06-20
  A trial court abuses its discretion by delegating to a court-appointed doctor the authority to determine whether a parent has satisfied conditions necessary to petition for modification of a parenting plan, as such determination is a non-delegable judicial function.
• Heath v. State
  Fla. 1st DCA· 2024-06-19 ·via Abuse Of Discretion Standard For Continuance
  The trial court did not abuse its discretion in denying Heath's motions to continue the trial or in admitting domestic violence evidence as inextricably intertwined with the charged offenses. The McKay factors supported the denial of continuance, and the domestic violence evidenc
• Simmons v. State
  Fla. 1st DCA· 2024-06-19
  The trial court did not abuse its discretion in admitting similar-fact evidence of prior acts of child molestation against another victim under Florida Rule of Evidence 90.404(2)(b), where the prior acts were proven by clear and convincing evidence and the probative value was not
• Xbto Mining, LLC v. Crypto Caverns LLC
  Fla. 3d DCA· 2024-06-19
  A trial court does not abuse its discretion in granting a temporary mandatory injunction when the record supports the required elements.
• Kyan Marek Ware v. Joylene Hall Ware
  Fla. 5th DCA· 2024-06-14
  A marital settlement agreement may be set aside for mutual mistake only when both parties agree to one thing and then, due to scrivener's error or inadvertence, express something different in the written instrument. Here, the trial court's finding of mutual mistake was not suppor
• Doe v. DeSantis
  Fla. 1st DCA· 2024-06-12
  A petition for writ of mandamus filed anonymously without leave of court fails to comply with Florida Rule of Civil Procedure 1.630, and even if valid, a public records request must be specific enough for the records custodian to identify and produce the requested records.
• Katia Alvares-Watters v. Watters
  387 So. 3d 327· Fla. 4th DCA· 2024-06-05
  The Fourth District Court of Appeal reversed a final judgment of dissolution of marriage because the trial court designated the father's address for school boundary purposes without substantial competent evidence that this was in the children's best interests, and failed to fully
• Katia Alvares-Watters v. Watters
  387 So. 3d 327· Fla. 4th DCA· 2024-06-05
  A trial court abuses its discretion when designating a residence for school boundary purposes without substantial competent evidence that the designation is in the child's best interests, particularly when the decision appears motivated by the parent's interests rather than the c
• United States v. Diamond
  102 F.4th 1347· 11th Cir.· 2024-06-04
  The Eleventh Circuit affirmed the defendant's convictions for impersonating a federal officer, finding sufficient evidence that he "acted as such" and that the district court did not err in admitting prior bad acts evidence or in its jury instructions.
• Frederick v. State
  Fla. 4th DCA· 2024-05-29
  James Tyrell Frederick was convicted of threatening serious bodily harm to a Sheriff's Officer after a jury trial. On appeal, the Fourth District Court of Appeal reversed and remanded for a new trial, holding that the trial court abused its discretion by denying Frederick's perem
• Balbin v. State
  Fla. 3d DCA· 2024-05-29
  A trial court's decision to revoke probation is reviewed for abuse of discretion and will not be disturbed unless no reasonable person could have decided as the trial court did.
• Celcor Tr. LLC v. Shoma Homes at Keys Cove Condo. Ass'n, Inc.
  Fla. 3d DCA· 2024-05-29
  Celcor Trust LLC appealed the trial court's denial of a mandatory injunction to compel the Shoma Homes at Keys Cove Condominium Association to repair water, mold, and termite damage to a condominium unit's drywall and flooring. The trial court found that an injunction was inappro
• Amelio v. United States Trustee
  M.D. Fla.· 2024-05-24
  The district court affirmed the bankruptcy court's order denying the motion to consolidate appeals without prejudice, finding no abuse of discretion.
• Earline McBride v. Carnival Corp.
  102 F.4th 1194· 11th Cir.· 2024-05-24
  The court held that the district court did not abuse its discretion in admitting the deposition testimony, but erred in denying the motion for a new trial on past pain and suffering damages.
• Lopez v. Lopez
  Fla. 4th DCA· 2024-05-22 ·via Abuse Of Discretion Standard For Attorney'S Fees
  A trial court reversibly errs when calculating alimony based on a party's imputed gross income rather than net income, and must make specific findings regarding both parties' need and ability to pay before denying an attorney's fees request, even when the requesting party engaged
• In re Amendments to Fla. Rule of Civil Procedure 1.061 & Form 1.983
  Fla.· 2024-05-16
  The Florida Supreme Court adopted amendments to Florida Rule of Civil Procedure 1.061 and Form 1.983, except it declined to replace "equipoise" with "equal" in rule 1.061(a)(3) because "equipoise" is specifically defined in case law and Court Commentary.
• Jonathan Padilla *W* v. Tenille L. Pickett
  Fla. 4th DCA· 2024-05-15
  A domestic violence injunction petition must be dismissed when the only incident of physical violence is stale and the remaining allegations consist only of harassment and verbal abuse.
• Macpherson v. Macpherson
  387 So. 3d 418· Fla. 6th DCA· 2024-05-10
  Former Wife appeals a final judgment of dissolution of marriage, challenging the trial court's distribution of a necklace and classification of a parental loan as a marital liability. The appellate court reverses on both issues, finding the necklace distribution unsupported by ev
• Blue Agave Imports, LLC v. Pinto
  Fla. 3d DCA· 2024-05-01
  Blue Agave Imports appeals the trial court's order granting a motion to quash service of process and vacate a default judgment against defendant Pinto. The appellate court affirmed, holding that Pinto established invalid service by clear and convincing evidence and that the defau
• Philip Morris USA Inc. v. Barbra Hoffman
  Fla. 3d DCA· 2024-05-01
  A trial court's evidentiary rulings and denial of a motion for new trial are reviewed for abuse of discretion and will not be disturbed absent clear abuse.
• Zagg Inc. v. TX Trading, Inc.
  S.D. Fla.· 2024-04-25
  The district court affirmed the magistrate judge's order denying a motion to compel and granting a motion to quash, finding no clear error or abuse of discretion in the magistrate's rulings on relevance and proportionality.
• Palm Beach Cnty. v. Wilson
  Fla. 4th DCA· 2024-04-24 ·via Abuse Of Discretion Standard For Sanctions
  Palm Beach County appeals a jury verdict finding sex discrimination against Sharon Wilson, a firefighter/paramedic recruit. The court affirmed the underlying judgment and Wilson's cross-appeal but reversed the trial court's imposition of a $150 daily fine sanction for failure to
• Impulsora de Productos Sustentables S.A.P.I. de C.V. v. Sunshine Oriental Trading Unlimited Corp.
  Fla. 3d DCA· 2024-04-24 ·via Gross Abuse Of Discretion
  The trial court properly exercised its discretion in vacating the certificate of sale and certificate of title as a necessary and logical extension of its prior order vacating the final judgment.
• Foot & Ankle Ctr. of Fla., LLC v. Vargas
  Fla. 2d DCA· 2024-04-19
  A contingency fee multiplier cannot be imposed without competent, substantial evidence that the relevant market requires such a multiplier to obtain competent counsel. The trial court's findings must be supported by evidence addressing all three Quanstrom factors, and the party s
• Gonzalez v. State
  Fla. 6th DCA· 2024-04-19
  Carlos Lorenzo Gonzalez was convicted of second-degree murder with a weapon for stabbing Martin Zuniga during an altercation on Gonzalez's property. The Florida District Court of Appeal, Sixth District, reversed the conviction and remanded for a new trial, finding that the trial
• BOG Twelve Zahav FL, LLC v. White Hawk Asset Mgmt., Inc.
  Fla. 2d DCA· 2024-04-17
  Zahav Florida, LLC appeals a circuit court's confirmation of an arbitration award granting White Hawk Asset Management specific performance to close on the purchase of 27 residential rental properties. The court affirmed the arbitration award, rejecting Zahav's arguments that the
• R.J. Reynolds Tobacco Co. v. Levine
  Fla. 3d DCA· 2024-04-17
  The Third District Court of Appeal affirmed the trial court's decision in this tobacco liability case involving R.J. Reynolds Tobacco Company and plaintiff Lauren Levine, upholding the admission of evidence regarding smoking-related deaths and rejecting arguments that trial condu
• Norge Cruz v. State
  Fla. 3d DCA· 2024-04-17 ·via Abuse Of Discretion Standard For Trial Court Rulings
  A defendant's recorded jailhouse instructions to his wife to delete cellphone data to prevent police investigation constitutes competent, substantial evidence of criminal conspiracy to tamper with physical evidence, and the trial court properly denied the defendant's motions for
• MRI Assocs. of Brandon, LLC v. Geico Gen. Ins. Co.
  Fla. 5th DCA· 2024-04-12
  A party seeking venue transfer under section 47.122 must submit evidence establishing the significance and materiality of witnesses' testimony to the actual issues in dispute. Where the dispute is limited to a legal question of contract interpretation rather than factual matters
• Casado v. Doher
  Fla. 5th DCA· 2024-04-05
  Judicial error in a trial court's ruling does not provide a basis for relief under Florida Rule of Civil Procedure 1.540(b), which is not a substitute for appellate review.
• Casado v. McGinley
  Fla. 5th DCA· 2024-04-05
  Ruben Santos Casado appealed a trial court's denial of his motion to vacate a judgment dismissing his breach of contract complaint and his motion for sanctions. The appellate court affirmed, holding that judicial error does not provide a basis for relief under Florida Rule of Civ
• Perryman v. Kiem
  S.D. Fla.· 2024-03-29
  The court affirmed the bankruptcy court's order imposing monetary and non-monetary sanctions against the appellant for unreasonably and vexatiously multiplying proceedings.
• Gonzalez v. Tar
  Fla. 3d DCA· 2024-03-27
  In this family law appeal, the Third District Court of Appeal affirmed the trial court's final judgment regarding parental responsibility, time-sharing, and child support. The court's decision was based on the absence of a complete trial record, which prevented meaningful appella
• Melchi Thomas v. State
  Fla. 3d DCA· 2024-03-27
  A trial court does not abuse its discretion in denying a special jury instruction request when the defendant fails to establish that the instruction was supported by evidence, that standard instructions were inadequate, and that the proposed instruction correctly stated the law.
• Melton v. State
  Fla. 1st DCA· 2024-03-27
  A defendant cannot preserve a challenge to whether an information properly charged a permissive lesser included offense by filing a rule 3.800(b)(2) motion, as such motions address sentencing errors, not the merits of convictions. No fundamental error occurred where the defendant
• Sanger v. Asher
  Fla. 5th DCA· 2024-03-22
  Lindsay Sanger appeals a judgment for $338,000 based on a security agreement and four promissory notes. The Fifth District Court of Appeal affirmed liability on the security agreement but reversed and remanded the promissory notes claims, holding that the trial court abused its d
• Sanger v. Asher
  Fla. 5th DCA· 2024-03-22
  A duplicate security agreement evidencing a debt is admissible under Florida Statute § 90.953 without requiring an original, but original promissory notes are required as negotiable instruments. The trial court abused its discretion in reopening evidence over three months after t
• Mgmt. 1, LLC v. Camita Bresilla
  Fla. 3d DCA· 2024-03-20
  The trial court's non-final order is affirmed.
• Krisia Del Prado v. Optimus U.S. 801 NW 47th Ave, LLC
  Fla. 3d DCA· 2024-03-20
  A motion under Florida Rule of Civil Procedure 1.540(b) requires the moving party to allege new circumstances arising after the judgment that affect the trial court's decision, and such relief is extraordinary and narrowly construed.
• Stallworth v. State
  Fla. 1st DCA· 2024-03-20
  A trial court does not abuse its discretion by refusing a duress jury instruction when the evidence fails to establish that a direct threat of imminent harm was made to the defendant if the defendant refused to commit the crime.
• S.L.L. v. State
  Fla. 1st DCA· 2024-03-20
  Lost wages restitution cannot be based on income from unlicensed cosmetology work, as awarding restitution for income derived from illegal activity violates public policy and the fair market value requirement of the restitution statute.
• Sail Am. Commemorative v. Bank of Am., N.A.
  Fla. 3d DCA· 2024-03-20
  A party seeking intervention in litigation shares the same ultimate objective as an existing party is presumed to be adequately represented by that party unless the intervenor demonstrates adversity of interest, collusion, or nonfeasance.
• Echeverria v. Trombino
  Fla. 4th DCA· 2024-03-20
  A trial court does not abuse its discretion in taxing an expert witness fee as a cost when the expert testifies regarding the reasonableness of attorney's fees, and such fees may be awarded at the trial court's discretion under section 92.231 and Travieso v. Travieso.
• Sona v. Found. Servs. of Cent. Fla., Inc.
  Fla. 5th DCA· 2024-03-15
  The appellate court affirmed the trial court's summary judgments in favor of three defendants in a negligence action. However, the court dismissed the appeal of an order denying the plaintiff's motion to amend her complaint, finding a lack of appellate jurisdiction for that issue
• Bruce v. Remick
  M.D. Fla.· 2024-03-15
  The district court affirmed the bankruptcy court's orders, finding no abuse of discretion in dismissing the Chapter 13 case or denying reconsideration.
• United States v. Markovich
  11th Cir.· 2024-03-14
  The court held that the district court did not abuse its discretion in denying the defendants' motions for a new trial, compelling discovery, and admitting expert and summary testimony, affirming the convictions.
• Deron Oniel Facey v. State
  Fla. 3d DCA· 2024-03-13
  The appellate court affirmed a conviction for assault and resisting arrest, holding that the trial court did not err in prohibiting further questioning about the nature of the victim's prior felony convictions after the victim admitted to them and stated they were not violent.
• Chhs Hosp. Co. LLC v. Harmon
  Fla. 2d DCA· 2024-03-13
  A trial court abuses its discretion when it denies a motion to amend a complaint to state a breach of contract claim where the amendment is filed early in proceedings, based on the same facts as the original claim, causes no prejudice to the opposing party, and the proposed claim
• Karen Watson1
  Del.· 2024-03-11
  The appellate court affirmed the Family Court's order terminating the mother's parental rights. The court found that the mother's failure to sever ties with the father, despite repeated warnings and case plan requirements, constituted a failure to plan for her children's safety a