Category Archives: Appellate court

Standards of Review in Appellate Courts (continued – Section G)

G. OTHER PRINCIPLES PERTINENT TO STANDARD OF REVIEW 1. The appellate court will not undertake to resolve issues which, though of interest to bench and bar, are not dispositive of the particular case before the court. Pagan v. Sarasota County Public Hosp. Bd., 884 So.2d 257 (Fla. 2d DCA 2004). 2. When a change in … Read More

Standards of Review in Appellate Courts (continued – Section D)

D. REVIEW OF DISCRETIONARY DECISIONS 1. Decisions on matters that are within the discretion of the trial judge will not be reversed by an appellate court unless the appellant has shown an “abuse of discretion.” See Mercer v. Raine, 443 So.2d 944 (Fla. 1983). 2. “Abuse of discretion” is judged by the use of a … Read More

Standards of Review in the Appellate Courts (continued – Section B)

B. REVIEW OF FACTUAL DECISIONS 1. Generally, upon direct review, where the judgment or order appealed is based entirely on resolution of a factual dispute, the appellate court must affirm if the trial court’s decision is supported by competent substantial evidence. Bellino v. W & W Lumber and Bldg. Supplies, Inc., 902 So.2d 829 (Fla. … Read More

The Law Offices of Jennifer S. Carroll, P.A.

1001 North U.S. Highway 1, Suite 508
Jupiter, FL 33477
Phone: (561) 478-2102
Fax: (561) 478-2143