LEE KERZNER
v.
VERONICA WELCH
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Lee Kerzner appealed three circuit court orders from Miami-Dade County involving family court matters. The Third District Court of Appeal affirmed the trial court's decisions, applying the deferential abuse-of-discretion standard and finding no clear abuse of the court's broad discretion in managing injunctions and evaluating credibility.
The trial court did not abuse its discretion. Trial courts have broad discretion in handling injunctions, and appellate courts will not disturb such decisions absent a clear abuse of discretion, particularly where orders rely on live testimony or credibility determinations.
“The trial court has broad discretion in granting, denying, dissolving, or modifying injunctions, and, unless a clear abuse of discretion is demonstrated, appellate courts will not disturb the trial court's decision.”
Establishes the deferential standard of review for injunction decisions and the burden on the appellant.
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Join FLexlaw to unlock all legal intelligenceThe opinion provides minimal factual detail, referencing only that there were three family court cases before the trial court (Judge Marcia Del Rey) i…
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Third District Court of Appeal
State of Florida
Opinion filed August 6, 2025.
Not final until disposition of timely filed motion for rehearing.
Nos. 3D24-1134, 3D24-1135, 3D24-1136 Lower Tribunal Nos. 24-3440-FC-04, 24-3439-FC-04, 24-3212-FC-04
Lee Kerzner, Appellant,
vs.
Veronica Welch, et al., Appellee.
Appeals from the Circuit Court for Miami-Dade County, Marcia Del Rey, Judge.
Louis C. Arslanian (Hollywood), for appellant.
Clayton R. Kaeiser, P.A., and Clayton R. Kaeiser, for appellee.
Before LINDSEY, LOBREE and GOODEN, JJ.
PER CURIAM.
Affirmed. See Simonik v. Patterson, 752 So. 2d 692, 692–93 (Fla. 3d DCA 2000) (“The trial court has broad discretion in granting, denying, dissolving, or modifying injunctions, and, unless a clear abuse of discretion is demonstrated, appellate courts will not disturb the trial court's decision.“); Carricarte v. Carricarte, 961 So. 2d 1019, 1020 (Fla. 3d DCA 2007) (“This is particularly true where the order relies on live testimony or other evidence that the trial court is singularly well-suited to evaluate.”) (quoting Smith v. Coalition to Reduce Class Size, 827 So. 2d 959, 961 (Fla. 2002)); Jeffries v. Jeffries, 133 So. 3d 1243, 1244 (Fla. 1st DCA 2014) (“It was the responsibility of the trial court to determine the credibility of the witnesses and to resolve the conflicts in the evidence.").
2
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Smith v. Coal. TO Reduce Class Size & Pre-K Comm., 827 So. 2d 959 (Fla. 2002)
- Simonik v. Patterson, 752 So. 2d 692 (Fla. 3d DCA 2000)
- Carricarte v. Carricarte, 961 So. 2d 1019 (Fla. 3d DCA 2007)
- Jeffries v. Jeffries, 133 So. 3d 1243 (Fla. 1st DCA 2014)