PIERRE MICHEL SMITH
v.
LYDIE LADOUCEUR SMITH
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A trial court's decision to grant a new trial must be reviewed under an abuse of discretion standard, and an appellate court cannot find an abuse of discretion if reasonable persons could differ as to the propriety of the trial court's action.
[1] A trial court's decision to grant a new trial is reviewed for abuse of discretion, and no abuse occurs where reasonable persons could differ as to the propriety of the ac…
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Join FLexlaw to unlock all legal intelligence“When reviewing the order granting a new trial, an appellate court must recognize the broad discretionary authority of the trial judge and apply the reasonableness test to determine whether the trial judge committed an abuse of discretion. If an appellate court determines that reasonable persons could differ as to the propriety of the action taken by the trial court, there can be no finding of an abuse of discretion.”
Standard for reviewing trial court's grant of new trial
Pierre Michel Smith appealed from a circuit court order in Miami-Dade County that granted a new trial in a dispute with Lydie Ladouceur Smith.…
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PER CURIAM.
Affirmed. See Brown v. Estate of Stuckey, 749 So. 2d 490, 497-98 (Fla. 1999) (holding: “When reviewing the order granting a new trial, an appellate court must recognize the broad discretionary authority of the trial judge and apply the reasonableness test to determine whether the trial judge committed an abuse of discretion. If an appellate court determines that reasonable persons could differ as to the propriety of the action taken by the trial court, there can be no finding of an abuse of discretion”); Umana v. Citizens Prop. Insur. Corp., 282 So. 3d 933, 934-35 (Fla. 3d DCA 2019) (holding: “The absence of a hearing transcript at which the trial court made this decision prevents any meaningful review of whether the trial court abused its discretion in this regard”) (citing Applegate v. Barnett Bank of Tallahassee, 377 So. 2d 1150 (Fla. 1979); Barsan v. Trinity Fin. Servs., LLC, 258 So. 3d 516 (Fla. 3d DCA 2018); Rodriguez v. Lorenzo, 215 So. 3d 631 (Fla. 3d DCA 2017)).
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Citator
Cited By (13 total)
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Phil Harris Constr., Inc. v. Action Rentals Holdings, LLC, 356 So. 3d 292 (Fla. 3d DCA 2024)…alm Plaza Assocs., Ltd., 356 So. 3d 292, 299 (Fla. 2d DCA 2023); Lloyd S. Meisels, P.A. v. Dobrofsky, 341 So. 3d 1131, 1135–36 (Fla. 4th DCA 2022); Rich v. Narog, 366 So. 3d 1111, 1118 (Fla. 3d DCA 2022); see also Umana v. Citizens Prop. Ins. Corp., 282 So. 3d 933, 935 (Fla. 3d DCA 2019); Knowles v. JPMorgan Chase Bank, N.A., 994 So. 2d 1218, 1219–20 (Fla. 2d DCA 2008). Affirmed.…
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Ruth v. Lubow, 389 So. 3d 695 (Fla. 3d DCA 2024)
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Adolf Gaspard v. Fania Innocent, 389 So. 3d 638 (Fla. 3d DCA 2023)…nett Bank of Tallahassee, 377 So. 2d 1150, 1152 (Fla. 1979), so the lack of a trial transcript or a proper substitute results in a record that is inadequate to demonstrate reversible error and requires affirmance. Umana v. Citizens Prop. Ins. Corp., 282 So. 3d 933, 934-35 (Fla. 3d DCA 2019) (“The absence of a hearing transcript at which the trial court made this decision prevents any meaningful review of whether the trial court abused its discretion in this regard”); Rodriguez v. Lorenzo, 215 So. 3d 631, 632…
Previewing 3 of 13 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Pitcher v. Schneider (Fla. 5th DCA 2018)
- Rupert B. Brown v. The Est. OF A.P. Stuckey, Sr., 749 So. 2d 490 (Fla. 1999)
- Rodriguez v. Lorenzo, 215 So. 3d 631 (Fla. 3d DCA 2017)
- Barsan v. Trinity Fin. Servs., LLC, 258 So. 3d 516 (Fla. 3d DCA 2018)
- Umana v. Citizens Prop. Ins. Corp., 282 So. 3d 933 (Fla. 3d DCA 2019)