Abuse Of Discretion Standard For Jury Instructions

40 Florida cases classified under this topic · sorted by citation count · see the citation graph · browse and sort

• Barbour v. Brinker Fla., Inc.
  801 So. 2d 953· Fla. 5th DCA· 2001-10-12 ·cited 57×
  Genevieve Barbour was injured when she slipped on a toilet paper roller mechanism on a restaurant bathroom floor. The trial court directed a verdict in favor of Brinker Florida, Inc. despite a jury verdict favoring Barbour, but the appellate court reversed, finding sufficient evi
• United States v. Jude R. Hayes
  794 F.2d 1348· 9th Cir.· 1986-05-09 ·cited 35×
  The dissenting judge holds that the search warrants were unconstitutionally broad and violated the Fourth Amendment's particularity requirement.
• Goode v. State
  856 So. 2d 1101· Fla. 1st DCA· 2003-10-22 ·cited 24×
  Joseph Goode was convicted of aggravated battery after a physical altercation in an apartment. The appellate court reversed and remanded for a new trial because the trial court erred in denying Goode's requested jury instruction on the legal defense of others, even though Goode h
• Job Charles v. State
  945 So. 2d 579· Fla. 4th DCA· 2006-12-13 ·cited 20×
  Job Charles was convicted of second degree murder as a lesser included offense of first degree murder in a felony murder case involving a robbery/burglary that resulted in a shooting death. The appellate court reversed the conviction, holding that the trial court erred in refusin
• Bozeman v. State
  931 So. 2d 1006· Fla. 4th DCA· 2006-06-07 ·cited 16×
  A defendant who pushes a recently stolen automobile while another person steers and controls it exercises sufficient dominion and control to constitute joint possession, permitting a jury instruction that the defendant is presumed to have known the property was stolen unless he p
• Morgan v. State
  112 So. 3d 122· Fla. 5th DCA· 2013-05-03 ·cited 10×
  Justin Timothy Morgan was convicted by jury of attempted lewd or lascivious exhibition after responding to a police detective's Craigslist advertisement. The Florida Fifth District Court of Appeal reversed the conviction, holding that the trial court erred in refusing to instruct
• United States v. Greig
  967 F.2d 1018· 5th Cir.· 1992-07-23 ·cited 8×
  The court held that the trial court erred by failing to conduct a Garcia hearing when it was aware of an actual conflict of interest involving Greig's counsel, which adversely affected counsel's performance, thus violating Greig's Sixth Amendment right to effective assistance of
• N. Lauderdale Supermarket, Inc. v. Puentes
  332 So. 3d 526· Fla. 4th DCA· 2021-12-22 ·cited 7×
  Florida Standard Jury Instruction 401.20(a) must be modified or revised when used in slip-and-fall cases involving transitory foreign substances in business establishments to comply with section 768.0755, which requires proof of actual or constructive knowledge of the dangerous c
• R. J. Reynolds Tobacco Co. v. Prentice
  290 So. 3d 963· Fla. 1st DCA· 2019-10-24 ·cited 7×
  The trial court abused its discretion by refusing to give R.J. Reynolds' proposed jury instruction on conspiracy to commit fraudulent concealment, which correctly stated the law requiring proof that the plaintiff detrimentally relied on a false or misleading statement made in fur
• Rodriguez v. State
  147 So. 3d 1066· Fla. 3d DCA· 2014-09-17 ·cited 7×
  Ramiro Rodriguez appeals his convictions for manslaughter, attempted manslaughter, burglary, conspiracy, kidnapping, and firearm possession following his involvement in an armed confrontation at a home that resulted in a death. The appellate court affirmed, holding that Rodriguez
• R.J. Reynolds Tobacco Co. v. Jewett
  106 So. 3d 465· Fla. 1st DCA· 2012-11-02 ·cited 7×
  In this tobacco wrongful death case, the First District Court of Appeal reversed the trial court's refusal to give a defendant-proposed jury instruction clarifying that the statute of limitations begins when a disease manifests itself, not when formally diagnosed. The court held
• ITD Indus., Inc. v. Bus. Res. Grp., Inc.
  779 So. 2d 532· Fla. 2d DCA· 2000-12-15 ·cited 7×
  ITD Industries and its founder Joseph O'Brien appealed a jury verdict finding them jointly and severally liable for a broker's fee. The appellate court affirmed the finding of ITD's liability but reversed the trial court's determination of O'Brien's individual liability, holding
• Araj v. Renfro
  260 So. 3d 1121· Fla. 5th DCA· 2018-11-30 ·cited 4×
  The trial court abused its discretion by refusing to give a jury instruction on the statutory prohibition against operating vehicles incompatible with safe traffic movement on limited-access facilities, where the instruction stated correct law, was supported by evidence, and addr
• ST. Pierre v. State
  228 So. 3d 583· Fla. 4th DCA· 2017-09-27 ·cited 4×
  Rene St. Pierre was convicted of burglary and misdemeanor battery following a fight with his neighbor over dogs. The Fourth District Court of Appeal reversed and remanded for a new trial, holding that the trial court erred by refusing to instruct the jury on self-defense for the
• United States v. Kuennen
  901 F.2d 103· 8th Cir.· 1990-04-09 ·cited 4×
  The court held that the defendant 'caused' the use of the mails for delivery of obscene material, even though intercepted and delayed, and that venue was proper. Constitutional and evidentiary challenges were also rejected.
• Smith v. State
  415 So. 3d 278· Fla. 6th DCA· 2025-06-27 ·cited 2×
  A defendant is entitled to a jury instruction on self-defense if there is any evidence to support it, no matter how weak, and the trial court must not weigh evidence or make factual determinations when deciding whether to give the instruction. A prior threat made to a defendant b
• Croft v. State
  291 So. 3d 1285· Fla. 5th DCA· 2020-03-26 ·cited 2×
  Kenya Croft was convicted of two counts of aggravated battery after a physical altercation at his sister's apartment. The Fifth District Court of Appeal reversed and remanded for a new trial, holding that the trial court erred in refusing to instruct the jury on the justifiable u
• Yvonne R. Sherrer, M.D. v. Hollingsworth
  274 So. 3d 407· Fla. 4th DCA· 2019-06-12 ·cited 2×
  A trial court abuses its discretion by instructing a jury on informed consent as a theory of negligence when the theory was not pled, tried by consent, or supported by expert testimony. Informed consent is a separate and distinct theory of negligence from general medical negligen
• Hart v. State
  247 So. 3d 556· Fla. 4th DCA· 2018-05-30 ·cited 2×
  A defendant is entitled to jury instructions on both justifiable deadly and non-deadly force when the evidence does not establish as a matter of law that the force used was deadly, and the nature of the force—not the resulting injuries—determines whether force is deadly as a matt
• Cletis Lewis v. State
  204 So. 3d 495· Fla. 4th DCA· 2016-07-27 ·cited 2×
  The Fourth District Court of Appeal affirmed Cletis Lewis's conviction and sentence for armed robbery, rejecting his contentions that detective statements in a video improperly bolstered witness testimony and that the trial court erred in refusing a special jury instruction on in
• Gerlo Ulysse v. State
  174 So. 3d 464· Fla. 4th DCA· 2015-08-12 ·cited 2×
  Gerlo Ulysse appeals his convictions for battery and false imprisonment, arguing the trial court erred in denying his requested jury instruction on justifiable use of force in defense of property. The Fourth District affirmed, holding that the instruction was properly denied beca
• Pedro v. Baber
  83 So. 3d 912· Fla. 2d DCA· 2012-03-07 ·cited 2×
  The Pedros appealed a judgment in favor of Baber in a personal injury case arising from a rear-end collision. The trial court gave a Stuart instruction holding the Pedros liable for injuries caused by arguably unnecessary back surgery performed by Baber's treating physician, and
• United States v. Jackson
  845 F.2d 880· 9th Cir.· 1988-05-04 ·cited 2×
  The court held that submitting forms to fraudulently reduce liability to the government constitutes a "claim" under 18 U.S.C. § 287, and prior false claims are admissible to prove intent.
• Carr v. State
  270 So. 3d 508· Fla. 1st DCA· 2019-05-02 ·cited 1×
  Lauren Carr was convicted of organized fraud and sentenced to twelve years in prison for defrauding homeowners' associations through her company. On appeal, Carr challenged the trial court's refusal to give a good-faith jury instruction and its decision to give a willful-blindnes
• Harris v. State
  Fla. 4th DCA· 2025-07-23
  A defendant is entitled to a jury instruction on the forcible felony self-defense doctrine when competent, substantial evidence shows he reasonably believed deadly force was necessary to prevent the imminent commission of aggravated battery. The trial court's failure to give such
• Quezada Veloz v. State
  Fla. 2d DCA· 2025-07-02
  A trial court abuses its discretion by refusing to instruct the jury on a defendant's theory of defense when there is any evidence to support it, even if the trial judge doubts the merits; the jury must decide whether the defense applies.
• Eloquence on the Bay Condo. Ass'n, Inc. v. CDC Builders, Inc.
  Fla. 3d DCA· 2025-06-18
  A trial court does not abuse its discretion in modifying jury instructions mid-trial when the plaintiff fails to object based on prejudice, acquiesces to the modification, and fails to timely request relief such as reopening evidence or moving for mistrial. A party's failure to p
• Citizens Prop. Ins. Corp. v. Avila
  Fla. 3d DCA· 2025-02-26
  A trial court does not abuse its discretion in denying a motion for directed verdict or judgment notwithstanding the verdict when conflicting evidence was presented at trial that could support a verdict for the nonmoving party.
• Corona v. State
  Fla. 2d DCA· 2023-01-27
  The appellate court affirmed convictions for domestic battery and pretrial release violations but reversed a robbery conviction. The court held that the trial court erred by not instructing the jury on robbery by sudden snatching, a lesser-included offense, when the evidence supp
• Shaw v. State
  Fla. 1st DCA· 2021-06-08
  The appellate court affirmed a civil commitment order for Charles David Shaw as a sexually violent predator. Shaw argued that prior non-sexual convictions used to establish him as a sexually violent predator should have been proven beyond a reasonable doubt, but the court found t
• Flania Belt v. USAA Cas. Ins. Co.
  Fla. 4th DCA· 2021-03-10
  Multiple impacts in an automobile incident constitute one accident for insurance coverage purposes if there is one proximate, uninterrupted, and continuing cause of injury, determined by considering the time between impacts, distance between impacts, and whether the driver regain
• Elder v. State
  Fla. 4th DCA· 2020-05-27
  The trial court abused its discretion by refusing to give a jury instruction on the presumption of reasonable fear for justifiable use of deadly force and by excluding medical testimony regarding the defendant's myasthenia gravis diagnosis, both of which were supported by evidenc
• Dawson v. State
  268 So. 3d 1018· Fla. 1st DCA· 2019-04-29
  Charles K. Dawson appealed his conviction for failure to register as a sexual predator, challenging the trial court's denial of his requests for a special jury instruction regarding video surveillance maintenance and removal of references to 'sexual predator' from jury instructio
• Evander Stickney v. State
  237 So. 3d 1022· Fla. 4th DCA· 2018-02-14
  Evander Stickney appeals his felony battery conviction arising from a physical altercation with his former girlfriend, Marika Ellis. The trial court instructed the jury on Ellis's right to use self-defense, and Stickney argues this instruction was improper and misleading. The cou
• R. J. Reynolds Tobacco Co. v. Colette S. O'Hara for the Estate of Garry L. O'Hara
  228 So. 3d 1168· Fla. 1st DCA· 2017-10-11
  R.J. Reynolds appeals a $15 million compensatory and $20 million punitive damages verdict in a tobacco wrongful death case, challenging primarily a special jury instruction on reliance that was designed to prevent opposing counsel's arguments rather than to clarify the law. The c
• Geza Horvath v. State
  217 So. 3d 1045· Fla. 4th DCA· 2017-05-03
  Horvath was convicted of dealing in stolen property and falsely verifying ownership to a pawnbroker after pawning borrowed equipment. The appellate court reversed the dealing in stolen property convictions because the trial court erroneously instructed the jury on an inference of
• Gutierrez v. State
  133 So. 3d 1123· Fla. 5th DCA· 2014-02-14
  Rafael Gutierrez was convicted of sexual battery by a jury after being charged with raping a woman in her car. On appeal, the Fifth District Court of Appeal held that the trial court erred in giving a special jury instruction stating that the victim's testimony need not be corrob
• Wolf v. State
  117 So. 3d 1203· Fla. 2d DCA· 2013-07-03
  Patrick Wolf was convicted of burglary for entering his former landlord's home after being evicted without proper notice under Florida law. Wolf argued that the trial court erred in denying his requested special jury instruction on the Florida Residential Landlord-Tenant Act, but
• Milner v. State
  50 So. 3d 711· Fla. 4th DCA· 2010-12-15
  Billy Milner appeals a jury finding that he is a sexually violent predator under Florida's Jimmy Ryce Act, challenging the trial court's denial of a special jury instruction regarding mental illness. The Fourth District affirms, holding that the standard jury instruction adequate
• Kettell v. State
  950 So. 2d 505· Fla. 2d DCA· 2007-03-07
  A jury instruction that uses the term "per se" to suggest that shooting into a building alone satisfies the wanton or malicious intent element of section 790.19, Florida Statutes, is erroneous and reversible error even if other portions of the instructions mention the intent requ