Gross Abuse Of Discretion

82 Florida cases classified under this topic · sorted by citation count · see the citation graph · browse and sort

• N. Shore Hosp., Inc. v. Barber
  143 So. 2d 849· Fla.· 1962-07-03 ·cited 633×
  The Florida Supreme Court reversed the District Court of Appeal's decision that vacated a trial court's order setting aside a default judgment in a medical malpractice case. The Court held that a trial court has inherent authority to vacate interlocutory defaults prior to final j
• Glenna Somero and Robert Somero v. Hendry Gen. Hosp.
  467 So. 2d 1103· Fla. 4th DCA· 1985-05-01 ·cited 148×
  The appellate court reviewed an order dismissing a case for failure to timely substitute a deceased defendant's personal representative and an order denying a motion to set aside that dismissal.
• B. C. Builders Supply Co., Inc. v. Maldonado
  405 So. 2d 1345· Fla. 3d DCA· 1981-11-03 ·cited 132×
  B.C. Builders Supply Co. appeals a trial court's denial of its motion to vacate a default judgment. The court reverses, holding that the trial court grossly abused its discretion by failing to set aside the default where the defendant demonstrated excusable neglect and diligence
• Cellular Warehouse, Inc. v. GH Cellular, LLC
  957 So. 2d 662· Fla. 3d DCA· 2007-04-11 ·cited 63×
  Cellular Warehouse appeals from a default judgment entered without notice or opportunity to be heard. The court reversed, holding that unliquidated damages cannot be awarded by default without notice and a hearing, as this violates due process.
• Cnty. Nat'l Bank OF N. Miami Beach v. Sheridan, Inc.
  403 So. 2d 502· Fla. 4th DCA· 1981-08-26 ·cited 56×
  County National Bank appeals the denial of its motion to vacate a default judgment entered in a garnishment proceeding. The court holds that the bank demonstrated excusable neglect, a meritorious defense, and due diligence, and therefore the default should be set aside under Flor
• United States v. Murillo
  902 F.2d 1169· 5th Cir.· 1990-05-23 ·cited 49×
  The court held that the record did not support critical factual findings regarding the extent of the defendant's illegal alien assistance business and that the district court incorrectly applied the Sentencing Guidelines, warranting a departure from the guidelines.
• United States v. DeCOLOGERO
  821 F.2d 39· 1st Cir.· 1987-06-19 ·cited 40×
  The court held that the district court did not abuse its discretion in denying the defendant's motion to reduce his sentence under Fed.R.Crim.P. 35(b) and in refusing to hold an evidentiary hearing.
• The Canal Auth. of the State of Fla. v. Litzel
  243 So. 2d 135· Fla.· 1970-12-16 ·cited 34×
  The Florida Supreme Court reversed the District Court of Appeal and upheld the Canal Authority's taking of fee simple title to the Litzels' land for the Cross Florida Barge Canal project. The Court held that a condemning authority need only show reasonable necessity for a taking,
• Lloyd's Underwriter's AT London v. Ruby, Inc.
  801 So. 2d 138· Fla. 4th DCA· 2001-11-21 ·cited 30×
  Lloyd's Underwriter's at London appeals a trial court's denial of its motion to set aside a default judgment. The court reversed, holding that Lloyd's established excusable neglect through a series of clerical errors and miscommunications involving its New York law firm and Londo
• Allstate Floridian Ins. Co. v. Ronco Inventions, LLC
  890 So. 2d 300· Fla. 2d DCA· 2004-12-03 ·cited 28×
  Allstate appealed a trial court order setting aside a default judgment against Ronco Inventions and Popeil Inventions, manufacturers of a defective Showtime Rotisserie allegedly causing a fire loss. The appellate court reversed, finding that while the defendants demonstrated excu
• Emmer v. Brucato
  813 So. 2d 264· Fla. 5th DCA· 2002-04-12 ·cited 26×
  The court held that the trial court did not abuse its discretion in denying the motion to vacate the default judgment, as the appellant failed to meet the required legal standards.
• S.B. P'rs v. Holmes
  479 So. 2d 280· Fla. 2d DCA· 1985-12-06 ·cited 22×
  S.B. Partners appeals the trial court's denial of its motion to vacate a default judgment entered after it failed to respond to a personal injury complaint. The court reversed the denial of the motion to vacate, finding excusable neglect and meritorious defenses, but affirmed the
• Jennifer Denise Halpern, M.D. v. Houser
  949 So. 2d 1155· Fla. 4th DCA· 2007-02-28 ·cited 20×
  The Florida Fourth District Court of Appeal reversed a trial court's grant of relief from judgment to the Housers in a medical malpractice case. The court held that the trial court abused its discretion by granting the motion for relief without requiring sworn statements or condu
• United States v. Huddleston
  929 F.2d 1030· 5th Cir.· 1991-04-11 ·cited 20×
  The court concurred that the Sentencing Commission did not adequately consider public safety risk in § 2K1.3, but noted the district court's departure from guidelines was unexplained.
• United States v. Wenceslao Trevino, Jr.
  490 F.2d 95· 5th Cir.· 1973-12-27 ·cited 20×
  The court held that the district court did not err in refusing to grant a new trial based on newly discovered evidence or in denying a motion for reduction of sentence.
• Eyal Avi-Isaac v. Wells Fargo Bank
  59 So. 3d 174· Fla. 2d DCA· 2011-03-02 ·cited 19×
  Eyal Avi-Isaac purchased property at a foreclosure sale for $2,000 when its assessed value was $100,600. Wells Fargo, the mortgagee, sought to vacate the sale claiming it had requested cancellation before the sale occurred. The court reversed because the trial court granted Wells
• Long Beach Mortg. Corp. v. Bebble
  985 So. 2d 611· Fla. 4th DCA· 2008-06-11 ·cited 19×
  Long Beach Mortgage Corporation appealed the trial court's denial of its motion to set aside a foreclosure sale where its property sold for $1,000 despite being valued at $500,000. The appellate court reversed, holding that the grossly inadequate price combined with irregularitie
• Henry Church v. Strickland
  382 So. 2d 419· Fla. 5th DCA· 1980-04-09 ·cited 18×
  This interlocutory appeal addresses whether a trial court properly set aside a partial summary judgment based on excusable neglect by substitute counsel who failed to discover admissions in the defendant's answer. The court affirmed the trial court's discretionary decision to vac
• M.W. v. SPCP Grp. V, LLC
  163 So. 3d 518· Fla. 3d DCA· 2015-02-04 ·cited 16×
  M.W., a minor plaintiff, appeals the trial court's decision to vacate an ex parte default judgment against SPCP Group V, LLC. The Third District Court of Appeal affirmed the trial court's vacatur, holding that a plaintiff cannot obtain an ex parte default when the plaintiff knows
• Leander J. Coblentz, Jr. v. State
  855 So. 2d 681· Fla. 2d DCA· 2003-10-01 ·cited 16×
  Leander Coblentz appealed the denial of his motion for relief from judgment challenging his sexual predator designation following a 1999 guilty plea to sexual crimes. The court reversed, finding the trial court grossly abused its discretion by denying the motion without addressin
• Pure H20 Biotechnologies, Inc. v. Mazziotti
  937 So. 2d 242· Fla. 4th DCA· 2006-09-06 ·cited 15×
  The court held that the Mazziottis' claims of fraud were time-barred and did not meet the criteria for vacating a judgment under Rule 1.540(b)(5).
• Rhines v. Rhines
  483 So. 2d 4· Fla. 2d DCA· 1985-10-04 ·cited 15×
  A husband appealed a final judgment dissolving his marriage and awarding custody of the minor children to the wife. The court affirmed the judgment on the procedural default issue but reversed and remanded regarding child custody, finding the trial court failed to comply with sta
• Merrill Lynch Mortg. Cap., Inc. v. Hallmark Indus., Inc.
  627 So. 2d 12· Fla. 2d DCA· 1993-10-01 ·cited 13×
  Merrill Lynch Mortgage Capital appealed from orders denying its motion to vacate a default judgment entered in a quiet title action brought by Hallmark Industries. The court held that Merrill Lynch Mortgage satisfied all three requirements for vacating a default judgment and that
• Dian Lewis v. Fifth Third Mortg. Co.
  38 So. 3d 157· Fla. 3d DCA· 2010-02-10 ·cited 12×
  Dian Lewis, a Florida attorney residing in the Bahamas, appealed the trial court's denial of her motion to vacate a default judgment and final foreclosure judgment on her Miami property. The court affirmed, holding that the affidavit of diligent search was facially sufficient to
• United States v. Sanders
  438 F.2d 344· 5th Cir.· 1971-02-19 ·cited 12×
  The court held that a district court's denial of a motion for reduction or modification of sentence is not appealable unless it constitutes a gross abuse of discretion.
• U.S. Bank, N.A. v. Vogel
  137 So. 3d 491· Fla. 4th DCA· 2014-03-26 ·cited 11×
  U.S. Bank appealed the trial court's denial of its motion to vacate a foreclosure sale where the bank's counsel failed to bid due to internal miscommunication. The Fourth District reversed, holding that a judicial foreclosure sale may be vacated on equitable grounds such as mista
• DND Mail Corp. v. Andgen Props., LLC
  28 So. 3d 111· Fla. 4th DCA· 2010-01-13 ·cited 11×
  The circuit court erred in holding that the trial court lost jurisdiction to sua sponte vacate a default judgment one day after entry while a motion for reconsideration was pending.
• Rivera v. Dep't OF Revenue
  899 So. 2d 1265· Fla. 2d DCA· 2005-04-22 ·cited 11×
  The court held that the circuit court grossly abused its discretion by setting aside a default judgment without evidence of excusable neglect and a meritorious defense.
• Belton Donald Chamberlin and Beth Morean v. Mid-Century Ins. Co.
  350 So. 2d 364· Fla. 2d DCA· 1977-10-05 ·cited 11×
  Chamberlin appeals from an order denying his motion to vacate a default judgment entered against him in an insurance coverage dispute. The appellate court affirms the trial court's denial, holding that the trial court did not abuse its discretion in refusing to vacate the default
• Purdue v. R. J. Reynolds Tobacco Co.
  259 So. 3d 918· Fla. 2d DCA· 2018-11-14 ·cited 10×
  A party alleging that a dismissal order was entered without notice and an opportunity to be heard states a colorable entitlement to relief under Rule 1.540(b)(4) requiring an evidentiary hearing, despite the motion being filed outside the one-year period of Rule 1.540(b)(1), when
• In re COX v. Lansdowne
  904 F.2d 1399· 9th Cir.· 1990-06-08 ·cited 10×
  The court held that the bankruptcy court did not commit a gross abuse of discretion by failing to consider the debtor's delegation of record-keeping duties to her husband as a relevant factor.
• Levy v. Hawk's CAY, Inc.
  505 So. 2d 24· Fla. 3d DCA· 1987-04-07 ·cited 10×
  The court affirmed a venue transfer from Dade County to Monroe County in a negligence/products liability action because the trial court had a reasonable basis for the transfer and did not abuse its discretion.
• Burbank v. The Southland Corp.
  345 So. 2d 1108· Fla. 1st DCA· 1977-05-20 ·cited 10×
  Michael Burbank sued The Southland Corporation for malicious prosecution. After a default was entered against the defendant for failing to timely respond, the trial court granted defendant's motion to vacate the default. The appellate court affirmed, holding that where a defendan
• Schuler v. Walter
  24 Fla. Supp. 116· Duval Cty. Cir. Ct.· 1965-01-04 ·cited 9×
  In this declaratory judgment action, a Florida circuit court found that Duval County's tax assessor had systematically and deliberately underassessed real and personal property at approximately 41.64% of just value since 1941, in violation of the state constitution and statutes.
• Depelisi v. Wishner
  15 So. 3d 808· Fla. 4th DCA· 2009-07-22 ·cited 8×
  A successor judge erred by denying a motion to vacate dismissal without conducting an evidentiary hearing to determine if the plaintiff's counsel received notice of the hearings, despite a sworn affidavit rebutting the presumption of notice.
• Bethesda Mem'l Hosp., Inc. v. Judie Laska
  977 So. 2d 804· Fla. 4th DCA· 2008-04-09 ·cited 8×
  A hospital appealed a trial court's decision to vacate a clerk's default judgment based on excusable neglect. The appellate court affirmed, holding that when a trial court finds excusable neglect in vacating a default, reversal requires a showing of gross abuse of discretion—a hi
• Rosado v. Bieluch
  827 So. 2d 1115· Fla. 4th DCA· 2002-10-16 ·cited 8×
  The court held that the offer of judgment statute does not apply to civil forfeiture actions because they are in rem proceedings, not civil actions for damages.
• Can Fin., LLC v. Krazmien
  307 So. 3d 33· Fla. 4th DCA· 2020-11-12 ·cited 7×
  A third-party purchaser at a judicial foreclosure sale cannot vacate the sale based on unilateral mistake when the purchaser failed to conduct a title search that would have revealed a recorded superior lien, as such failure constitutes inexcusable lack of due care.
• Chernoff Diamond & Co. v. Gallin Assocs., Inc.
  258 So. 3d 563· Fla. 2d DCA· 2018-11-14 ·cited 7×
  A defendant fails to demonstrate excusable neglect required to set aside a final default judgment when the defendant's president received the complaint, placed it in a drawer, went on vacation, and simply forgot about the lawsuit.
• Amr Salam v. Bd. OF Prof'l Eng'rs
  946 So. 2d 48· Fla. 1st DCA· 2006-12-15 ·cited 6×
  An applicant for professional engineer licensure sought mandamus relief against the Board of Professional Engineers for failing to grant or deny his petition for formal hearing within the statutory 15-day period. The court granted the petition, awarded attorney's fees, and held t
• Esque Real Est. Holdings, Inc. v. C.H. Consulting, Ltd.
  940 So. 2d 1185· Fla. 4th DCA· 2006-10-04 ·cited 6×
  Appellants sought to vacate a foreclosure sale where the property sold for $1,000 despite having an appraised value of $2.2 million, claiming the lender failed to timely provide an estoppel letter and made false representations. The court affirmed the trial court's denial of the
• French v. Dep't of Child. & Families
  920 So. 2d 671· Fla. 5th DCA· 2006-01-06 ·cited 6×
  Sarah French appeals a final administrative order requiring the Department of Children and Families to reenroll her in the Consumer Directed Care Program after wrongful disenrollment. The court affirms the reenrollment but remands for retroactive corrective payments and determina
• Doctors' Osteopathic Med. Ctr., Inc. v. Dep't OF Health & Rehabilitative Servs. & Lee Mem'l Hosp.
  498 So. 2d 478· Fla. 1st DCA· 1986-10-06 ·cited 6×
  The appellate court affirmed the jury's award for damages resulting from medical negligence but reversed the award for future medical expenses due to insufficient evidence and remanded for a new trial on that issue.
• Prow v. Medtronic, Inc.
  770 F.2d 117· 8th Cir.· 1985-08-12 ·cited 6×
  The court held that a post-employment restrictive covenant was enforceable because it protected a legitimate business interest and was reasonable in scope, and that the employer did not breach the employment agreement.
• United States v. DE LA Fuente
  550 F.2d 309· 5th Cir.· 1977-04-08 ·cited 6×
  The court held that the appellant's sentence was not an illegal sentence and that the trial court did not abuse its discretion in denying first-offender treatment.
• Melvyn Hiller v. Sec. & Exch. Comm'n
  429 F.2d 856· 2d Cir.· 1970-06-04 ·cited 6×
  The court held that a broker-dealer's recommendation of securities without a reasonable basis, especially when based on unconfirmed rumors, constitutes a fraudulent course of business, and the president of the firm is responsible for such conduct.
• Birol Karan v. Pernia
  343 So. 3d 689· Fla. 3d DCA· 2022-08-10 ·cited 4×
  A trial court does not abuse its discretion in denying a motion to vacate a final default judgment when the moving party fails to establish excusable neglect and a meritorious defense with due diligence.
• Janiel Rodriguez v. Falcones
  314 So. 3d 469· Fla. 3d DCA· 2020-12-02 ·cited 4×
  A trial court abuses its discretion in vacating a default final judgment under rule 1.540(b) when the moving party presents only general assertions without specific facts supporting the required elements of excusable neglect, due diligence, and meritorious defense, and the court
• United Cap. Funding Corp. v. Technamax, Inc.
  946 So. 2d 63· Fla. 2d DCA· 2006-12-22 ·cited 4×
  United Capital Funding Corp. appeals the trial court's decision to vacate a default judgment against Lisa Bryan. The appellate court reverses, holding that Bryan's affidavit failed to establish excusable neglect as a matter of law because it did not explain the reason for her fai
• RAY v. Thomson-Kernaghan & Co. Ltd.
  761 So. 2d 1197· Fla. 4th DCA· 2000-06-28 ·cited 4×
  Bradley Ray, a sophisticated businessman and CEO, appeals an order denying his motion to vacate a clerk's default entered against him. The court affirmed, finding that Ray failed to demonstrate an abuse of discretion by the trial judge, who reasonably concluded that Ray's relianc