Standards on Appeal: Abuse of Discretion
1Elements and Case Citations
The abuse of discretion standard requires an appellate court to affirm the trial court’s ruling “unless no reasonable person would adopt the trial court’s view.” May v. State, 326 So.3d 188, 191 (Fla. 1st DCA 2021) citing Salazar v. State, 991 So. 2d 364, 372 (Fla. 2008). See also Lewis v. Juliano, 242 So. 3d 1146, 1148 (Fla. 4th DCA 2018). This is known as “the reasonableness test.” Kaye v. State Farm Mut. Auto Ins. Co., 985 So. 2d 675, 677 (Fla. 4th DCA 2008). “This test holds that the appellant must show clear error by the trial court in its interpretation of the facts and the use of its judgment.” Id.
Subscribers To The Florida Litigation Guide Can See:
- The complete explanation for this Standard;
- The standard of review on appeal; and
- The citations to the most court cases citing and/or explaining the Standard.
Click Here To See A Sample Chapter From The Guide
Subscribe to The Florida Litigation Guide To Access Everything!