1 – Elements 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 rest of the elements for this cause of action;
- The citations to the most recent state and federal court cases citing the cause of action;
- The statute of limitations; and
- The defenses to this cause of action.