LEE KERZNER
v.
VERONICA WELCH O/B/O A.K.

Fla. 3d DCA | 2025-08-06
No. 2024-1135
2025 FL 6786 Florida District Court of Appeal, Third District (2025)

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Synopsis

Lee Kerzner appealed three family court orders from Miami-Dade County. The Third District Court of Appeal affirmed the lower court's decisions, applying the abuse of discretion standard and finding the trial court properly exercised its broad discretion in the family law matters at issue.


Holding

The trial court did not abuse its discretion. The appellate court affirmed all three lower court orders, finding that the trial court properly exercised its broad discretion and that the evidence, including live testimony evaluated by the trial judge, supported the decisions.


Key Quotes

“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 governing legal standard of review for family law matters on appeal

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Facts & Procedural History

The case involves appeals from three separate family court actions (case numbers 24-3440-FC-04, 24-3439-FC-04, and 24-3212-FC-04) presided over by Jud…

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Opinion of the Court

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.").

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