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

• Cruz v. State
  Fla. 6th DCA· 2024-03-01
  The appellate court reversed a trial court's decision to revoke probation. The court found that the evidence did not support the finding that the probationer violated the no-contact order, as the only communication occurred through an app explicitly permitted by the order.
• Lowry v. Lowry
  Fla. 5th DCA· 2024-03-01
  The appellate court reversed a trial court's decision to sell the marital home, finding it abused its discretion by not awarding the primary residential parent exclusive use and possession until the youngest child reaches majority. The court affirmed other aspects of the dissolut
• Cruz v. State
  Fla. 2d DCA· 2024-03-01
  A restitution order must be limited to losses causally connected to and bearing a significant relationship to the charged offenses; restitution for losses not included in the charging documents or factual basis for the plea constitutes fundamental error and must be reversed.
• Milner v. State of Del.
  Del.· 2024-02-28
  The Superior Court's denial of the motion to suppress and the motion for judgment of acquittal is affirmed. The court found sufficient evidence to support the traffic stop, the probable cause for the search based on the odor of marijuana and other factors, and the jury's verdict
• Eleazar Neri Aviles v. State
  Fla. 3d DCA· 2024-02-28
  Evidence of a broken car window is admissible in a domestic violence injunction violation case when it is inextricably intertwined with the charged offense by establishing context and describing events leading up to the violation.
• Wu v. Matias Alem
  Fla. 3d DCA· 2024-02-21
  A defendant cannot obtain relief from a default judgment under Rule 1.540(b)(1) based solely on a claim of non-service that fails to meet the clear and convincing evidence standard, as such a claim does not constitute excusable neglect but rather amounts to a naked denial contrad
• State v. Lincoln
  Fla. 1st DCA· 2024-02-21 ·via Abuse Of Discretion Standard For Evidentiary Rulings
  A defendant's testimony at a pretrial self-defense immunity hearing is admissible at trial even though the trial court erroneously placed the burden of proof on the defendant, because the burden-of-proof mistake did not render the defendant's decision to testify involuntary or un
• Darrel Earl Daise v. State
  379 So. 3d 603· Fla. 1st DCA· 2024-02-14
  The postconviction court did not abuse its discretion in denying appellant's motions to amend his 3.850 motion as untimely and factually insufficient, and the newly discovered evidence did not satisfy the legal standard for plea withdrawal because it would not have likely persuad
• Little v. Turnbow
  Fla. 5th DCA· 2024-02-09
  An attorney's inadvertent failure to attend a case management conference due to a clerical or calendaring error by staff constitutes excusable neglect warranting relief under Florida Rule of Civil Procedure 1.540(b)(1), and dismissal of an action requires explicit findings of wil
• Little v. Turnbow
  Fla. 5th DCA· 2024-02-09
  The appellate court reversed a trial court's denial of a motion to vacate a dismissal order. The dismissal resulted from the plaintiffs' counsel missing a case management conference due to a clerical error, which the appellate court found to be excusable neglect.
• Michael W. Arrington Judge Leonard L. Williams Just. Ctr.
  Del.· 2024-02-08
  The court affirmed the Permanency Planning Committee's decision denying the petitioner's application for adoptive placement. The court found that the decision was supported by substantial evidence, was not arbitrary or capricious, and did not constitute an abuse of discretion, as
• Carelyn Fylling v. Royal Carribean Cruises, Ltd.
  91 F.4th 1371· 11th Cir.· 2024-02-01
  The Eleventh Circuit held that a district court abused its discretion by failing to investigate potential juror bias after learning of a juror's niece's employment with the defendant, and by allowing that juror to deliberate without further questioning.
• Carnright v. State
  Fla. 3d DCA· 2024-01-31
  The trial court's exclusion of certain cell phone records and internet search history was either appropriate or harmless error, and the conviction is affirmed. While statements in which the victim admitted to using cocaine with the defendant should have been admitted as extrinsic
• Palanchian v. Windstone Prop. Owners Ass'n, Inc.
  Fla. 4th DCA· 2024-01-24
  The association was not bound by the 1996 settlement agreement because it was not a party to the litigation and did not sign the agreement, and the landowners lacked standing to enforce it as non-parties who failed to show the agreement clearly expressed an intent to benefit futu
• Cipollina v. Cippollina
  Fla. 2d DCA· 2024-01-19
  The appellate court reversed a lower court's order modifying alimony, finding that the former wife failed to prove a substantial change in circumstances required for such a modification. The court emphasized that a party seeking modification must demonstrate a material, permanent
• Cipollina v. Cipollina
  Fla. 2d DCA· 2024-01-19
  A trial court abuses its discretion in modifying alimony when the moving party fails to establish a substantial, material, and unanticipated change in circumstances or the obligor's ability to pay. The court cannot require an obligor to deplete assets to make alimony payments bas
• Goodson v. State
  Fla. 1st DCA· 2024-01-17
  Evidence of the defendant's probation status was relevant to establish motive, and an out-of-court photographic lineup identification was not improper when the officer showed the witness the defendant's Instagram account after, not during, the lineup procedure.
• Vincenzo Bruno v. Drechsler
  Fla. 3d DCA· 2024-01-17
  A trial court does not abuse its discretion in denying a motion to vacate a default judgment when the defendant fails to demonstrate excusable neglect, a meritorious defense, and due diligence in seeking relief.
• Kwesi Hudson
  Del.· 2024-01-09
  The Superior Court did not err in admitting expert testimony on DNA mixture interpretation and technology, nor in denying the motion to suppress cell-site location information obtained through cell tower dumps. The court found the DNA analysis software STRmix to be scientifically
• Kleiman v. Wright
  S.D. Fla.· 2024-01-05
  The court affirmed the magistrate judge's order, overruling the plaintiff's objections and finding that the later-filed financial disclosure form was substantially compliant, but scheduled a civil contempt hearing for the period of prior non-compliance.
• Carbonell v. Citizens Prop. Ins. Corp.
  Fla. 2d DCA· 2024-01-05
  The appellate court affirmed a jury verdict for an insurance company in a sinkhole damage case. The homeowner argued the trial court made erroneous evidentiary rulings by limiting cross-examination of an expert and excluding rebuttal testimony, but the court found no abuse of dis
• Chmiel v. NXTLVL Servs., LLC
  Fla. 3d DCA· 2024-01-03
  A trial court's ruling on a Rule 1.540 motion should not be disturbed on appeal absent a gross abuse of discretion, as such relief is a fact-specific question.
• Fuller v. Torcise
  Fla. 3d DCA· 2024-01-03
  The appellate court reversed an order awarding attorney's fees, finding the trial court abused its discretion by failing to hold an evidentiary hearing to determine the reasonableness of the fees. The case was remanded for such a hearing.
• Dror Levy v. Eliezer Tabib
  Fla. 3d DCA· 2024-01-03
  A trial court's award of attorney's fees under section 772.11, Florida Statutes, for a claim lacking substantial factual or legal support is reviewed for abuse of discretion and shall not be reversed absent competent record support.
• Est. of Arlene Townsend v. Shumaker Loop & Kendrick, LLP
  M.D. Fla.· 2024-01-02
  The court affirmed the bankruptcy court's award of fees to Shumaker, finding no abuse of discretion in compensating Shumaker for services rendered in response to the Estates' recusal motion.
• Gerber v. Tzvi Mordechai Dubrowski
  Fla. 2d DCA· 2023-12-27
  The appellate court reversed a trial court's decision to deny a former wife's motion to amend her counter-petition to include a relocation request. The court found the denial was an abuse of discretion, as the motion was filed sufficiently before trial and the opposing party woul
• Zahav Refi, LLC v. White Hawk Asset Mgmt., Inc.
  Fla. 2d DCA· 2023-12-27
  Although UCRERA does not explicitly require an evidentiary hearing for post-judgment receivership appointments, the trial court must hold an evidentiary hearing and make requisite findings demonstrating a need for the receivership when facts are disputed, applying a prima facie b
• United States v. Sotis
  89 F.4th 862· 11th Cir.· 2023-12-20
  Peter Sotis, the majority shareholder of a diving equipment company, was convicted of conspiracy to violate export controls, exporting controlled items to Libya without a required license, and smuggling after he deliberately shipped rebreathers to Libya despite explicit warnings
• R.P.M. v. In re the Proposed Adoption of I.R.M.
  Fla. 4th DCA· 2023-12-20
  A trial court abuses its discretion when it invalidates a parent's written consent to adoption without holding an evidentiary hearing, providing prior notice, and making findings of fraud or duress as required by Florida Statutes § 63.082(7)(f). The existence of a separate adopti
• M.K. and James Walsh v. Dep't of Child. & Families
  Fla. 4th DCA· 2023-12-20
  Filing a petition for termination of parental rights does not confer party status in dependency proceedings, and the juvenile rules do not authorize intervention by foster parents in dependency proceedings. The 2022 version of section 63.082 did not grant party status to foster p
• In re Jane Doe 23-A
  Fla. 1st DCA· 2023-12-15 ·via Abuse Of Discretion Standard On Appeal
  A circuit court does not abuse its discretion in denying a minor's petition for judicial waiver of parental notice and consent requirements when the minor fails to establish by clear and convincing evidence that she is sufficiently mature to decide whether to terminate her pregna
• Kenyata Jermain Roberson v. Reyes
  Fla. 3d DCA· 2023-12-13
  A petition for habeas corpus release becomes moot when the State files formal charges before the applicable deadline, even if the trial court's finding of good cause for delay was questionable. However, trial courts must consider the peculiar facts and circumstances of each case,
• Treminio v. Crowley Mar. Corp.
  M.D. Fla.· 2023-12-13
  The court held that the plaintiff waived any objections to the discovery request by failing to raise them within the time prescribed by the Federal Rules of Civil Procedure.
• Ferrer v. Zeida M. Larrinaga
  Fla. 3d DCA· 2023-12-13
  This case reviews a trial court's decision in a dissolution of marriage case, specifically concerning alimony and equitable distribution. The appellate court affirmed the trial court's awards, finding no abuse of discretion despite the short duration of the marriage, due to excep
• Baldwin v. Express Oil Change, LLC
  87 F.4th 1292· 11th Cir.· 2023-12-06
  Charles Baldwin, a former manager for Express Oil Change franchises who received nearly $2 million in a sale of business assets, challenged a restrictive covenant limiting his ability to compete as unreasonable under Georgia law. The Eleventh Circuit held that the covenant's geog
• Thompson v. Sec'y, Dep't of Corr. (Sarasota County)
  M.D. Fla.· 2023-12-04
  The court denied the petition for a writ of habeas corpus, finding the petitioner's claim of ineffective assistance of counsel was refuted by the record.
• Ivey v. State
  Fla. 1st DCA· 2023-11-29
  Evidence that a defendant molested the victim's siblings is admissible in a child molestation case when the acts are similar in location, victim characteristics, and manner, occur within the same timeframe, and do not substantially outweigh probative value with unfair prejudice.
• Stallworth v. State
  Fla. 1st DCA· 2023-11-22
  A trial court does not abuse its discretion in denying a duress instruction when a defendant's own statements demonstrate no direct threat or imminent, impending harm from the co-defendant, only apprehension based on the co-defendant's reputation and weapon possession.
• Philip Morris USA Inc. v. Odaima Garcia
  Fla. 3d DCA· 2023-11-15
  The trial court properly denied summary judgment and directed verdict motions where conflicting evidence and reasonable inferences existed regarding the date of COPD manifestation, and the jury's verdict was supported by evidence viewed in the light most favorable to the non-movi
• Alana Savell v. State
  Fla. 1st DCA· 2023-11-15
  The trial court did not abuse its discretion in ruling on the alleged discovery violation, evidentiary matters, cross-examination questions, or imposing costs of prosecution under section 938.27(8), Florida Statutes.
• D J B Rentals, LLC v. City of Largo
  Fla. 2d DCA· 2023-11-03 ·via Abuse Of Discretion Standard For Denying Leave To Amend
  The trial court did not abuse its discretion in denying DJB's motion to continue the summary judgment hearing because DJB failed to act diligently in propounding discovery, having waited until January 7 to file written discovery requests when it had over two months to do so after
• Murphy v. Suarez
  Fla. 4th DCA· 2023-11-01
  The appellate court reversed a trial court's amended modification judgment regarding alimony. The court found the trial court abused its discretion by not making the alimony termination retroactive to the date the modification petition was filed and by improperly offsetting the a
• Costco Wholesale Corp. v. Janetth Vargas
  Fla. 3d DCA· 2023-10-25
  A trial court does not abuse its discretion in awarding attorney's fees and costs under Florida Rule of Civil Procedure 1.380(b)(2) when a party fails to comply with an order compelling discovery responses, or when an attorney coaches a corporate representative and conceals docum
• L&k Creation, LLC v. White Feather Managment, LLC
  Fla. 3d DCA· 2023-10-25
  A trial court has wide discretion to grant or deny a temporary injunction, and an appellate court will not interfere unless the party challenging the decision clearly shows an abuse of that discretion.
• Damien O. Caldwell v. State
  Fla. 5th DCA· 2023-10-20
  A postconviction court must consider all additional claims raised in an amended rule 3.850 motion if filed within the two-year limitation period and before the court issues a final order. When an amended motion remains facially insufficient, the court has discretion to either per
• Crockett v. Welch
  M.D. Fla.· 2023-10-19
  The bankruptcy judge did not abuse discretion in approving the settlement agreement, as the judge properly considered the relevant factors and the settlement fell within the range of reasonableness.
• Jordanna Serena Sheermohamed v. Tozzi
  Fla. 4th DCA· 2023-10-18
  The appellate court reversed a lower court's decision to dissolve a domestic violence injunction and restart supervised timesharing. The court found the lower court abused its discretion by relying on a psychiatrist's testimony that was not fully informed of the father's post-inj
• Hess v. Pmg-S2 Sunny Isles, LLC
  Fla. 3d DCA· 2023-10-04
  An assignor who expressly remains liable under the terms of an assigned contract remains bound by the contract's attorney's fees provision even if the assignor lacks standing to bring claims on the contract, where the closing never occurred and the assignment agreement explicitly
• Kozma v. Deutsche Bank Tr. Co. Americas
  M.D. Fla.· 2023-09-29
  The bankruptcy court properly dismissed the Chapter 11 case because the debtor was a non-business trust ineligible to file, and there was no reasonable likelihood of reorganization given the substantial secured debt and lack of assets/income.
• Greathouse v. State
  Fla. 2d DCA· 2023-09-27
  Although a trial court errs by refusing to strike a juror for cause when the juror's responses create reasonable doubt about impartiality, the error is not preserved for appeal if the defendant fails to renew the objection before the jury is sworn.