Gross Abuse Of Discretion

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

• United States v. Lambert
  963 F.2d 711· 5th Cir.· 1992-06-08 ·cited 4×
  The Fifth Circuit affirmed the district court's upward departure from the Sentencing Guidelines, holding that the court provided acceptable reasons for the departure and that the extent of the departure was reasonable. The court found that the defendant's criminal history, includ
• Jolly Trolley Constr., LLC v. Concepcion Galano
  Fla. 3d DCA· 2026-05-13 ·cited 3×
  An order granting a motion to vacate a default final judgment is reviewed for gross abuse of discretion and will be affirmed absent such abuse.
• Commc'ns Sys., Inc. v. City OF Danville
  880 F.2d 887· 6th Cir.· 1989-07-27 ·cited 3×
  The court held that the district court did not err in granting summary judgment for the defendants, as there were no genuine issues of material fact regarding the city's franchise award process and CSI's claims lacked merit.
• Univ. Cmty. Hosp. v. Dep't OF Health & Rehabilitative Servs.
  492 So. 2d 1339· Fla. 2d DCA· 1985-07-26 ·cited 3×
  The court held that the Department of Health and Rehabilitative Services (HRS) abused its discretion in denying a certificate of need, entitling the University Community Hospital (UCH) to attorney's fees.
• State v. TAX Assessor
  26 Fla. Supp. 104· Collier Cty. Cir. Ct.· 1966-03-18 ·cited 3×
  The court held that the tax assessor's valuations were not a gross abuse of discretion, despite some variances, and thus the alternative writ of mandamus should be quashed.
• Lucien Metiver v. State
  720 So. 2d 1170· Fla. 4th DCA· 1998-11-25 ·cited 2×
  The court affirmed the trial court's denial of attorney's fees to successful claimants in a forfeiture proceeding, holding that the seizing agency proceeded in good faith and did not grossly abuse its discretion.
• CED Cap. Holdings, III, Ltd. v. Fla. Dep't OF Cmty. Affairs
  646 So. 2d 846· Fla. 1st DCA· 1994-12-23 ·cited 2×
  The court reversed the agency's denial of a low-income housing tax credit application and remanded for a formal administrative hearing, treating the agency's motion for remand as a confession of error and awarding attorney's fees for the agency's gross abuse of discretion.
• United States v. Lombardo
  859 F.2d 1328· 8th Cir.· 1988-10-21 ·cited 2×
  The court affirmed the district court's modification of sentences, finding no gross abuse of discretion in imposing consecutive sentences for Travel Act violations.
• AIM Recovery Servs., Inc. v. Quincy Williams
  232 So. 3d 1106· Fla. 3d DCA· 2017-11-01 ·cited 1×
  AIM Recovery Services appealed the vacation of a default judgment against Quincy Williams. The court affirmed the trial court's order vacating the default, holding that the default judgment was void because Williams did not receive notice of the application for default or an oppo
• HSBC Bank USA v. Nixon
  117 So. 3d 430· Fla. 4th DCA· 2012-12-19 ·cited 1×
  HSBC Bank USA appealed the trial court's denial of its motion to vacate a foreclosure sale where the winning bid of $1,600 was grossly inadequate compared to the $787,473.60 judgment. The Fourth District Court of Appeal affirmed, holding that HSBC failed to provide evidence of mi
• Frady v. Deringer
  76 So. 3d 1024· Fla. 4th DCA· 2011-12-07 ·cited 1×
  Seven years after a default final judgment of dissolution of marriage was entered, the former husband moved to set it aside claiming lack of notice. The appellate court reversed, holding that the certificate of service raised a presumption of delivery that the former husband fail
• George v. Radcliffe
  753 So. 2d 573· Fla. 4th DCA· 1999-10-06 ·cited 1×
  Appellant George, a plaintiff in a commercial dispute, failed to answer defendants' amended counterclaim within the required timeframe. The trial court entered a default judgment against him on the counterclaim, and the appellate court affirmed the denial of his motion to vacate
• Reybel Hernandez v. Barclays Mortg. Tr. 2022-RPL1
  Fla. 3d DCA· 2026-10-28
  Hernandez failed to preserve his arguments for appellate review by not raising them in his motion below, and even if preserved, the arguments do not establish reversible error because Barclays satisfied Florida law by filing a certification and copy of the note with the complaint
• Goosby v. The Bank of N.Y. Mellon
  Fla. 3d DCA· 2026-08-13
  A trial court does not abuse its discretion in denying a motion to set aside a foreclosure sale or a motion for rehearing that raises issues that could have been raised earlier.
• Amerant Bank, N.A. v. D.R. Horton, Inc.
  Fla. 3d DCA· 2026-04-20
  A trial court does not abuse its discretion in granting relief from a default judgment under Rule 1.540(b)(1) when the defendant establishes excusable neglect resulting from internal procedural failures, demonstrates meritorious defenses through a draft answer with affirmative de
• Ansaroff v. Laureles
  Fla. 3d DCA· 2026-02-11
  In a mortgage foreclosure action, the trial court vacated a default judgment against defendant Laureles after her attorney abandoned her case, and subsequently entered summary judgment in her favor. The appellants challenged all three orders, but their appeal failed because the t
• Grudenic v. Sundeep Singh
  Fla. 3d DCA· 2025-08-13
  The trial court's order denying the motion to vacate the default judgment is affirmed. The affidavit of diligent search was facially sufficient under Florida Statutes section 49.041, and Grudenic's failure to provide a transcript of the evidentiary hearing prevents appellate revi
• Surf Consultants, Inc. v. Lizbeth Sanchez
  Fla. 3d DCA· 2025-07-30
  When service of process is invalid but was effected within the 120-day statutory period, the proper remedy is to quash service and permit the action to remain pending, not to dismiss the action without prejudice.
• Garey Nehrke v. Leisureville Cmty. Ass'n, Inc.
  Fla. 4th DCA· 2025-06-11
  When a party timely objects to a foreclosure sale under Florida Statute § 45.031(8), the trial court must hold an evidentiary hearing to address the objections. The trial court's summary denial of a timely objection without a hearing is reversible error.
• Olympus Pools, Inc. v. 30 Day Pools, LLC
  Fla. 2d DCA· 2025-05-16
  When an appellant fails to provide a transcript or adequate substitute for an unreported hearing on a motion to set aside a default judgment, the appellate court must affirm the trial court's order because the record is insufficient to demonstrate a gross abuse of discretion.
• Ravelo v. Payret
  Fla. 3d DCA· 2025-03-12
  Roman Ravelo appeals the trial court's order denying his rule 1.540(b) motion to vacate a default final judgment following an evidentiary hearing on remand. This is Ravelo's second appeal in the case; the court previously reversed and remanded for an evidentiary hearing to determ
• Donaldson v. Hahn
  Fla. 4th DCA· 2025-01-08
  A trial court does not grossly abuse its discretion in granting a motion to vacate a default judgment when evidence supports findings of excusable neglect and due diligence, particularly where the defendant suffered from diminished mental capacity and did not receive proper notic
• Impulsora de Productos Sustentables S.A.P.I. de C.V. v. Sunshine Oriental Trading Unlimited Corp.
  Fla. 3d DCA· 2024-04-24
  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.
• Sterling Mirror Co., LLC v. Waldman Barnett, P.L.
  Fla. 3d DCA· 2023-01-04
• Pshs Alpha P'rs, Ltd v. State Farm Mut. Ins. Co.
  Fla. 4th DCA· 2022-12-14
  A timely amended tax return filed within the statutory period for filing the original return is effective as part of the 'first return' and must be given effect by the Internal Revenue Service, even if it changes the taxpayer's election of taxable year to a later date that would
• Pshs Alpha P'rs, Ltd v. State Farm Mut. Auto. Ins. Co.
  Fla. 4th DCA· 2022-12-14
• Pshs Alpha P'rs, Ltd v. State Farm Mut. Ins. Co.
  Fla. 4th DCA· 2022-12-14
• Pshs Alpha P'rs, Ltd v. State Farm Mut. Auto. Ins. Co.
  Fla. 4th DCA· 2022-12-14
  Plaintiff failed to meet its burden of proving that Mexican income taxes were actually withheld or paid during the taxable year 1958, and therefore is not entitled to a foreign tax credit or refund of federal income taxes paid.
• Wayjohn, Inc. v. Abejon
  724 So. 2d 1259· Fla. 4th DCA· 1999-01-27
  Wayjohn, Inc. (Kentucky Fried Chicken) appealed the denial of its motion to set aside a default judgment entered after it failed to respond to a negligence suit arising from a bone in a chicken sandwich. The court affirmed the trial court's denial, finding no gross abuse of discr
• Fernandez v. Suburban Coastal Corp.
  489 So. 2d 70· Fla. 4th DCA· 1986-04-16
  In this foreclosure sale case, the appellate court affirmed the trial court's decision to set aside a judicial sale where property was sold for $100 to the only bidder after the mortgagee's agent failed to attend the sale. The court held that gross inadequacy of price, when combi
• B.R. Fries & Assocs., Inc. v. Filomena Meagher and John P. Meagher
  448 So. 2d 1211· Fla. 3d DCA· 1984-04-24
  B.R. Fries & Associates sought to set aside a default judgment entered against it after the defendant failed to file responsive pleadings. The Florida appellate court affirmed the trial court's denial of the motion to vacate, finding no gross abuse of discretion.
• The Cricket Club, Inc. v. Basso
  384 So. 2d 908· Fla. 3d DCA· 1980-06-03
  The Cricket Club appeals from a default judgment and $15,500 damages award in a negligence action arising from a slip-and-fall injury. The appellate court affirmed, holding that the trial court did not abuse its discretion in denying the Club's motion to set aside the default or