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

• THE Dental LAW Firm, P.A. v. Kincer
  Fla. 4th DCA· 2022-08-17
  The appellate court reversed a lower court's decision denying a law firm's motion for sanctions. The court found that a public adjuster's third-party action against the law firm was not supported by material facts or existing law, and thus sanctions were warranted.
• In re Jane Doe 22-B
  Fla. 1st DCA· 2022-08-15 ·via Abuse Of Discretion Standard On Appeal
  The trial court's denial of a pregnant minor's petition for judicial waiver of parental notice and consent requirements was affirmed under the deferential abuse-of-discretion standard, as the minor failed to establish by clear and convincing evidence that she was sufficiently mat
• Compounding Docs, Inc. v. Scsc Enters., LLC
  Fla. 4th DCA· 2022-08-10
• Hess v. Pmg-S2 Sunny Isles, LLC
  Fla. 3d DCA· 2022-08-10
  Summary judgment was properly granted for PMG on the underlying rescission and breach of contract claims, but the trial court erred in denying Hess leave to amend his pleadings to challenge the calculation of deposit distribution after events during litigation rendered the defaul
• Utah Power Sys., LLC v. Lang
  M.D. Fla.· 2022-08-05
  The court affirmed the Bankruptcy Court's denial of disgorgement and sanctions, finding no abuse of discretion in its application of legal standards and factual findings.
• Liliana Cadavid v. Saporta
  344 So. 3d 478· Fla. 4th DCA· 2022-08-03
  The appellate court reversed an award of attorney's fees imposed as sanctions against a former girlfriend and her attorney. The court found that the trial court did not have clear and convincing evidence, as required by statute, that the former girlfriend knowingly made false sta
• Kohler v. State
  Fla. 4th DCA· 2022-07-27
  The appellate court affirmed a DUI conviction, finding that while the trial court erred by admitting a deputy's testimony about a victim's out-of-court identification, this error was harmless due to other strong evidence presented.
• Erskine v. Erskine
  Fla. 1st DCA· 2022-07-27
  This case involves a husband appealing two trial court orders in a dissolution proceeding. The appellate court dismissed the appeal of a contempt order, finding it not reviewable as a non-final order or by certiorari. The court affirmed the second order, which granted the wife te
• Perera v. Genovese
  Fla. 4th DCA· 2022-07-20
  The appellate court affirmed two lower court orders: one vacating a first arbitration award because the arbitrator exceeded his powers, and another confirming a second arbitration award where the second arbitrator acted within his powers. The case involved a dispute over the valu
• Lucianie Jean Baptiste v. Sunrise Community and Fara
  Fla. 1st DCA· 2022-07-20
  The appellate court reviewed an order awarding taxable costs to the Employer/Carrier (E/C). While affirming most of the award, the court reversed the portion that included half of a cancellation fee charged by an independent medical examiner (IME) when the claimant appeared with
• Nvidia Corp. v. City OF Westland Police & Fire Ret. Sys.
  Del.· 2022-07-19
  The Delaware Supreme Court affirmed in part and reversed in part the Court of Chancery's judgment regarding a Section 220 books and records demand. The Court held that the stockholders' requests did not violate the statute's form and manner requirements and that they did not impr
• Lawrence v. Marina Tower of Turnberry Isle Condo. Ass'n, Inc.
  Fla. 3d DCA· 2022-07-13
  A third-party purchaser at a foreclosure sale, though not a named party to the original proceeding, has standing as a quasi-party and may recover attorney's fees under section 57.105 for frivolous claims.
• Infinity Auto Ins. Co. v. Metric Diagnostic Testing, Inc.
  Fla. 4th DCA· 2022-07-13
  An insurer appeals a sanctions order requiring it to pay a medical provider's attorney's fees after filing a mistaken affirmative defense in a PIP insurance dispute. The insurer originally pled a material misrepresentation defense but later sought to amend to a policy exclusion d
• Infinity Auto Ins. Co. v. Metric Diagnostic Testing, Inc.
  Fla. 4th DCA· 2022-07-13
  The appellate court reversed a lower court's order imposing attorney's fees as a sanction against an insurer. The lower court had sanctioned the insurer for mistakenly filing an incorrect affirmative defense, but the appellate court found that sanctions for attorney misconduct re
• Huggins v. Lueder
  11th Cir.· 2022-07-12
  Rule 11 sanctions motions are not barred if filed after final judgment, provided the 21-day safe harbor period has elapsed and the district court has not ruled on the offending filing within that period.
• S.I. v. State
  Fla. 4th DCA· 2022-07-06
  S.I., a juvenile, appealed his conviction for leaving the scene of an accident and driving without a valid driver's license. The Fourth District Court of Appeal reversed his conviction on the driving without a license charge, finding the State failed to establish corpus delicti i
• E. M. v. E. G.
  Fla. 2d DCA· 2022-07-06
  The appellate court affirmed a lower court's decision to modify a parenting plan but reversed the portion requiring supervised visitation. The court found no evidence to support the need for supervised visitation, which is a significant restriction on parental rights.
• Arkin v. Smith Med. P'rs, LLC
  11th Cir.· 2022-06-30
  Non-class counsel is entitled to attorneys' fees from a common fund if they confer a substantial and independent benefit to the class that aids in the recovery or improvement of the fund, but not if they subordinate the class's interests to their own.
• Goranco Petrovski v. Petrovski
  Fla. 1st DCA· 2022-06-22
• Wright v. GreenSky Mgmt. Co., LLC
  S.D. Fla.· 2022-06-03
  The court overruled defendants' objections to the magistrate judge's order, finding the discovery requests and temporal scope to be timely and appropriate.
• Lovett v. State
  Fla. 1st DCA· 2022-06-01
  The appellate court reviewed a probationer's conviction for violating multiple probation conditions. The court reversed violations related to changing residence and payment, affirmed one violation related to community service, and remanded for resentencing because it was unclear
• Lovett v. State
  Fla. 1st DCA· 2022-06-01
  A probationer's failure to comply with a probation condition is not willful when the probationer is physically prevented from complying due to court order or incarceration, and a violation of a mandatory community service condition requires evidence that the probationer had the a
• Ewing v. Carnival Corp.
  S.D. Fla.· 2022-05-27
  Eric Ewing, a disabled veteran injured aboard a Carnival cruise ship when an upper bunk bed fell on his head, was awarded a new trial after a jury had previously returned a verdict in Carnival's favor, because the trial court erred by allowing Carnival to present an unauthenticat
• Kareen Lecorps and John Baptiste v. Star Lakes Ass'n, Inc.
  Fla. 3d DCA· 2022-05-25
  Unit owners challenged a special assessment levied by Star Lakes Association to fund reconstruction of Building 12 after a fire, arguing the assessment was invalid because it should have been limited to Building 12 residents or required a community-wide vote. The trial court init
• Asaf Hasson v. ADI Hasson
  Fla. 4th DCA· 2022-05-25
• Shlomo Nizahon v. Bach
  Fla. 4th DCA· 2022-05-25
• State Farm Auto. Ins. Co. v. Lightfoot
  Fla. 1st DCA· 2022-05-25
  The appellate court reversed a trial court's award of attorney's fees, finding that a proposal for settlement requiring $1.3 million in cash within thirty days was not made in good faith. The court held that such an offer was illusory and impossible to accept, thus contravening t
• Falcon v. State
  Fla. 1st DCA· 2022-05-25
  The appellate court affirmed a life sentence for a juvenile offender convicted of murder, finding that the trial court's factual findings were supported by competent, substantial evidence and that the court did not abuse its discretion in sentencing. The case involved resentencin
• Amersham Enters., Inc. v. Hakim-Daccach
  Fla. 3d DCA· 2022-05-11
  Amersham Enterprises and related entities appealed a trial court's order denying their motion to compel arbitration. The court denied the motion based in part on the appellants' failure to purge contempt of court for violating a prior injunction. The appellate court affirmed, hol
• Pimienta v. Rosenfeld
  Fla. 3d DCA· 2022-05-04
  A trial court does not abuse its discretion in denying a continuance motion when the delay in completing a psychological report was solely attributable to the moving party, even when coupled with counsel withdrawal shortly before trial.
• Philip Morris USA Inc. v. Smith
  Fla. 1st DCA· 2022-04-20
  This case concerns a defendant's attempt to change venue. The appellate court affirmed the trial court's decision, agreeing that the statute allowing for venue changes grants discretion to the trial court, not an automatic right to the parties. The concurring opinion clarifies th
• Universal Prop. & Cas. Ins. Co. v. Guillaume Dimanche
  338 So. 3d 408· Fla. 3d DCA· 2022-04-20
  A default judgment entered against a defendant for failure to comply with a court order must be set aside when the defendant demonstrates excusable neglect, a meritorious defense, and due diligence, and when the default was entered without proper notice and opportunity to be hear
• Philip Morris USA Inc. v. Tozer
  Fla. 1st DCA· 2022-04-20
  The appellate court affirmed a lower court's decision regarding venue, agreeing that the trial court did not abuse its discretion. The concurring opinion clarifies the limited scope of review for denials of venue change requests under Florida Statute section 47.122.
• Jones v. McKinney
  Fla. 2d DCA· 2022-04-20
  The appellate court reversed a probate court order that allowed a judgment creditor to execute on an estate asset, overriding statutory claims priority. The court held that the judgment lien did not qualify for an exception to the priority statute, despite equitable consideration
• Marcelus v. Aqua Fin., Inc.
  Fla. 4th DCA· 2022-04-20
• Cintron v. State
  Fla. 2d DCA· 2022-04-20
  The appellate court reversed a conviction for dealing in stolen property, finding that the trial court improperly instructed the jury on two statutory inferences. The court held that the State failed to establish the fair market value of the property and that the defendant was no
• Vitaly Parkhomchuk v. AIY, Inc.
  Fla. 3d DCA· 2022-04-20
  Defendants Parkhomchuck and VPNC Logistics appealed a default final judgment entered in a misappropriation case and two orders denying separate Rule 1.540 motions to set aside the judgment. The court dismissed the appeal as to the default judgment and the first Rule 1.540 order d
• Leibovich v. THE Plurinational State of Bolivia
  Fla. 3d DCA· 2022-04-20
  A trial court does not abuse its discretion in denying a protective order to a nonparty seeking to quash a subpoena duces tecum.
• Philip Morris USA Inc. v. Smith
  Fla. 1st DCA· 2022-04-20 ·via Abuse Of Discretion Standard On Appeal
  The appellate court affirmed a lower court's decision regarding venue, agreeing that the trial court did not abuse its discretion in denying a motion to change venue. The case highlights the discretionary nature of venue transfer statutes in Florida.
• Universal Prop. & Cas. Ins. Co. v. Guillaume Dimanche
  338 So. 3d 408· Fla. 3d DCA· 2022-04-20
  The appellate court reversed a trial court's default judgment against an insurance company, finding that the default was improperly entered without proper notice and that the company had shown excusable neglect, a meritorious defense, and due diligence in seeking to set aside the
• Montgomery v. State
  Fla. 4th DCA· 2022-04-20
  A school's fraudulent misrepresentation regarding a student's academic progress and wrongful concealment of deficiencies constitutes actionable breach of contract and fraud distinct from educational malpractice, and such claims are subject to judicial scrutiny and may not be dism
• Philip Morris USA Inc. v. Manning
  Fla. 1st DCA· 2022-04-20
  A trial court's denial of a motion to change venue under Florida Statute § 47.122 is reviewed on appeal only to determine whether the trial court recognized it had discretion and actually exercised that discretion; appellate courts cannot review the substantive merits of the deni
• In re the Rehab. of Scottish RE (u.s.
  Del. Ch.· 2022-04-18
  The Delaware Court of Chancery held that the Commissioner, as receiver for a delinquent insurer, does not need to prove that a proposed rehabilitation plan satisfies the "Liquidation Standard" (i.e., that each claimant receives at least as much as they would in liquidation) to ob
• Patterson v. State
  Fla. 1st DCA· 2022-04-13
  Ricky Patterson appeals his conviction for violating a domestic violence protection injunction, challenging the trial court's admission of testimony about phone calls and voicemails from the victim without proper authentication. The appellate court affirmed the conviction, holdin
• Shazam Auto Glass, LLC v. Geico Gen. Ins. Co.
  Fla. 2d DCA· 2022-04-13
  The appellate court treated Shazam's petition as a direct appeal and reversed the circuit court's denial of Shazam's requests for appellate attorney's fees. The court held that Shazam, as an assignee, was entitled to fees under section 627.428(1) when it prevailed in the circuit
• Yormak v. Yormak
  M.D. Fla.· 2022-04-13
  The court held that some of Steven Yormak's activities constituted the unlicensed practice of law in Florida, rendering the consulting agreements void and unenforceable, but reversed the bankruptcy court's denial of Steven's motion for reconsideration regarding unjust enrichment.
• Philip Morris USA Inc. v. Gore
  Fla. 4th DCA· 2022-04-13
  Philip Morris appeals a trial court judgment awarding Gore $2,515,086.53 in attorney's fees and costs in an Engle progeny wrongful death action pursuant to a Proposal for Settlement. The central dispute concerns whether Philip Morris is entitled to a setoff against the attorney's
• KB Home Fort Myers LLC v. Taishan Gypsum Co., Ltd.
  Fla. 2d DCA· 2022-04-13
  The appellate court reversed a trial court's order vacating a default judgment, finding that the judgment was voidable, not void. The defendant waited over seven years to challenge the judgment, which exceeded the time limit for voidable judgments.
• BMW of N. Am., LLC v. Henry
  Fla. 5th DCA· 2022-04-07
  BMW appealed a trial court's award of attorney's fees and costs to consumer Marie Henry in her successful Magnuson-Moss Warranty Act claim. The court held that federal law—specifically the prohibition in City of Burlington v. Dague against contingency multipliers in federal fee-s
• Joleen Greeley v. Walmart Stores E.
  Fla. 2d DCA· 2022-04-06
  The appellate court reversed a trial court's grant of summary judgment in favor of Walmart in a slip-and-fall case. The court found that the plaintiff's affidavit, which provided details about the puddle and potential notice, did not contradict her deposition testimony and raised