Abuse Of Discretion (Standard Of Review)

12,259 Florida cases classified under this topic, plus 1,650 listed through its narrower topics · sorted by citation count · see the citation graph · browse and sort

• Belton Donald Chamberlin and Beth Morean v. Mid-Century Ins. Co.
  350 So. 2d 364· Fla. 2d DCA· 1977-10-05 ·cited 11×·via Gross Abuse Of Discretion
  Chamberlin appeals from an order denying his motion to vacate a default judgment entered against him in an insurance coverage dispute. The appellate court affirms the trial court's denial, holding that the trial court did not abuse its discretion in refusing to vacate the default
• United States v. Wilburn
  549 F.2d 734· 10th Cir.· 1977-02-15 ·cited 11×·via Abuse Of Discretion Standard On Appeal
  The court held that the jury's verdict was supported by sufficient evidence, and the trial court did not err in admitting evidence, denying motions for acquittal, or in its jury instructions and communications.
• Brown v. Royalty
  535 F.2d 1024· 8th Cir.· 1976-05-05 ·cited 11×
  The dissenting judge would affirm the district court's denial of a new trial, emphasizing deference to the trial judge's assessment of prejudice from improper testimony and conduct.
• United States v. McCOY
  477 F.2d 550· 5th Cir.· 1973-04-25 ·cited 11×
  The court held that the district court did not abuse its discretion in denying the motion to withdraw a guilty plea.
• Thrifty Super Mkt., Inc. v. Kitchener
  227 So. 2d 500· Fla. 3d DCA· 1969-11-04 ·cited 11×
  The appellate court affirmed a jury verdict in favor of the plaintiffs, holding that the trial court did not abuse its discretion by allowing the plaintiffs to reopen their case after resting. The court also found no merit in the defendant's other objections regarding evidence ad
• The Wash. Hosp. Ctr. v. Cheeks
  394 F.2d 964· D.C. Cir.· 1968-05-03 ·cited 11×
  The court held that the District Judge did not abuse his discretion in modifying the pre-trial order to allow an unlisted expert witness to testify.
• AAA Auto Leasing, Inc. v. Morse Taxi & Baggage Transfer, Inc.
  204 So. 2d 902· Fla. 3d DCA· 1967-12-05 ·cited 11×
  This case involves an interlocutory appeal challenging a temporary injunction and an order permitting intervention. The appellate court affirmed the lower court's decision, finding no clear abuse of discretion.
• Boutwell v. Bishop
  194 So. 2d 3· Fla. 1st DCA· 1967-01-12 ·cited 11×·via Abuse Of Discretion Standard For New Trial Motions
  In this negligence case arising from a child's injury at a motel with an unmarked glass door, the trial court initially rendered a jury verdict for the defendants but then granted a new trial, finding it had erred in admitting the defendants' answer to an interrogatory. The appel
• Durable Unif. & Linen Supply Co. v. Sanitary Linen Serv. Co.
  183 So. 2d 226· Fla. 3d DCA· 1966-02-01 ·cited 11×·via Abuse Of Discretion Standard For Injunctions
  Durable Uniform appealed interlocutory orders granting a temporary injunction against interference with contractual relationships and denying discovery and joinder of defenses. The Third District affirmed, finding no abuse of discretion in the injunction and no error in the disco
• Reno v. United States
  340 F.2d 307· 5th Cir.· 1965-01-18 ·cited 11×
  The court held that the district court did not abuse its discretion in denying the motion for a new trial based on newly discovered evidence.
• Leavstrom v. Muston
  119 So. 2d 315· Fla. 3d DCA· 1960-03-31 ·cited 11×
  In this personal injury damages appeal, the trial judge directed a verdict against the defendant on liability, and a jury awarded substantial damages to the plaintiffs. The defendant appeals, arguing the trial judge erred in denying a motion for new trial despite the judge's own
• Sec. & Exch. Comm'n v. Farm & Home Agency, Inc.
  270 F.2d 891· 7th Cir.· 1959-10-07 ·cited 11×·via Abuse Of Discretion Standard On Appeal
  The court held that a motion to vacate a consent judgment under Rule 60(b) is addressed to the court's discretion and will not be disturbed on appeal absent an abuse of discretion.
• Durham v. Durham
  137 Fla. 506· Fla.· 1939-05-02 ·cited 11×
  In this 1939 Florida divorce case, the Supreme Court affirmed a trial court's grant of divorce to the husband based on the wife's ungovernable temper. The Court applied the deferential standard that findings of fact by a trial judge will not be disturbed on appeal absent a clear
• Miller v. State
  379 So. 3d 1109· Fla.· 2024-02-29 ·cited 10×
  Everett Miller was convicted of the first-degree premeditated murders of two Kissimmee police officers and sentenced to death after a trial in which he did not dispute killing them but argued premeditation was lacking. The Florida Supreme Court affirmed his convictions and death
• United States v. Daniels
  91 F.4th 1083· 11th Cir.· 2024-01-24 ·cited 10×
  Jonathan Daniels was convicted of ten counts of Hobbs Act robbery for a series of armed robberies at convenience stores and gas stations in Miami in October 2019, and sentenced to 180 months in prison. The Eleventh Circuit affirmed his convictions and sentence, finding that the d
• B. Little & Co., Inc. v. Choi WAI Printing (hong Kong) Ltd.
  Fla. 3d DCA· 2023-05-31 ·cited 10×
  A defendant waives its right to challenge personal jurisdiction by seeking affirmative relief, such as a motion to compel arbitration, prior to raising the jurisdictional objection. However, a trial court abuses its discretion in denying a forum non conveniens motion when the Kin
• Saario v. Tiller
  333 So. 3d 315· Fla. 5th DCA· 2022-01-28 ·cited 10×
  The trial court did not abuse its discretion in denying alimony where it imputed annual income of $51,554 to Former Wife based on competent substantial evidence from a vocational expert that she could earn $50,000 to $120,000 as a real estate agent. Although the trial court appli
• Fin. Info. Techs., LLC v. iControl Sys.
  21 F.4th 1267· 11th Cir.· 2021-12-22 ·cited 10×
  The court held that the district court correctly denied iControl's motion for a new trial on liability, but erred in denying iControl's motion for judgment as a matter of law on damages because Fintech failed to deduct marginal costs in its lost profits calculation.
• Common Cause Georgia v. Sec'y, State of Ga.
  17 F.4th 102· 11th Cir.· 2021-10-28 ·cited 10×
  A party obtaining a temporary restraining order that materially alters the legal relationship and provides merits-based relief is a prevailing party entitled to attorneys' fees under 42 U.S.C. § 1988.
• United States v. Giron
  15 F.4th 1343· 11th Cir.· 2021-10-13 ·cited 10×
  A district court is not required to consider the § 3553(a) sentencing factors if it finds that no extraordinary and compelling reasons exist for compassionate release. The court's finding that no extraordinary and compelling reasons existed was sufficient to deny the motion.
• Darrel Duane Cyrus v. Cyrus
  324 So. 3d 590· Fla. 1st DCA· 2021-07-20 ·cited 10×
  The appellate court affirmed the trial court's denial of a motion to dismiss a domestic violence injunction. The appellant failed to provide a transcript of the hearing, preventing the court from reviewing whether the trial court abused its discretion.
• S. Grand View Dev. Co., Inc. v. City of Alabaster
  1 F.4th 1299· 11th Cir.· 2021-06-21 ·cited 10×
  South Grande View Development Company purchased 547 acres of land in Alabaster, Alabama, planning to develop it according to an approved master plan that zoned most of the final phase (Sector 16) for R-4 garden homes and R-7 townhomes, but the city rezoned Sector 16 to R-2 single
• United States v. Taylor
  997 F.3d 1348· 11th Cir.· 2021-05-21 ·cited 10×
  The Eleventh Circuit affirmed the district court's imposition of an electronic search condition on supervised release and an above-guideline sentence, finding both were within the court's discretion.
• United States v. Stevens
  997 F.3d 1307· 11th Cir.· 2021-05-19 ·cited 10×
  The First Step Act does not mandate consideration of 18 U.S.C. § 3553(a) factors when a district court exercises discretion to reduce a sentence, but the district court must provide a sufficient explanation for its decision to allow for meaningful appellate review.
• Holland v. Sec'y, Fla. Dep't of Corr.
  941 F.3d 1285· 11th Cir.· 2019-11-01 ·cited 10×
  The Eleventh Circuit held that the district court correctly dismissed Holland's third federal habeas petition for lack of subject matter jurisdiction because it was a successive petition that failed to obtain prior authorization from the court of appeals.
• Jackson v. State
  276 So. 3d 73· Fla. 1st DCA· 2019-06-12 ·cited 10×
  A life sentence imposed on a juvenile murderer after a resentencing hearing under section 921.1401 is constitutional and proper when the trial court makes detailed findings that it has considered all relevant factors regarding the offender's youth and circumstances and determines
• Pitts v. State
  263 So. 3d 834· Fla. 1st DCA· 2019-02-05 ·cited 10×
  Samuel Pitts appealed his sexual battery conviction challenging the trial court's admission of collateral crime evidence and exclusion of good character evidence. The First District Court of Appeal affirmed the conviction, holding that the collateral crime evidence was properly a
• Int'l Sec. Mgmt. Grp., Inc. v. Rolland
  271 So. 3d 33· Fla. 3d DCA· 2018-12-28 ·cited 10×
  ISMG and security guard Acuna appealed a jury verdict in favor of the Rollands for defamation, malicious prosecution, and negligence claims arising from statements made about William Rolland being a bomb threat. The appellate court reversed and remanded on the intentional tort cl
• Purdue v. R. J. Reynolds Tobacco Co.
  259 So. 3d 918· Fla. 2d DCA· 2018-11-14 ·cited 10×
  A party alleging that a dismissal order was entered without notice and an opportunity to be heard states a colorable entitlement to relief under Rule 1.540(b)(4) requiring an evidentiary hearing, despite the motion being filed outside the one-year period of Rule 1.540(b)(1), when
• Citizens Prop. Ins. Corp. v. Laguerre
  259 So. 3d 169· Fla. 3d DCA· 2018-08-22 ·cited 10×
  A trial court does not abuse its discretion in awarding a contingency fee multiplier when the award is supported by competent, substantial evidence under the Rowe and Quanstrom factors, and contingency fee multipliers are not limited to rare and exceptional circumstances. The rel
• Willie-Koonce v. Miami Sunshine Transfer & Tours Corp.
  233 So. 3d 1271· Fla. 3d DCA· 2017-12-20 ·cited 10×
  Rebecca Willie-Koonce appealed the dismissal of her personal injury lawsuit against Miami Sunshine Transfer & Tours Corporation for fraud on the court. The trial court dismissed her case after surveillance video contradicted her sworn testimony about her post-injury mobility limi
• Fla. GAS Transmission Co., LLC. v. City OF Tallahassee
  230 So. 3d 912· Fla. 1st DCA· 2017-10-20 ·cited 10×
  In this eminent domain case, the appellate court granted a writ of certiorari to quash the trial court's denial of a joint motion to continue trial. The court found that both the defendant (who suffered a heart attack) and plaintiff (who had not deposed the defendant) demonstrate
• R.J. Reynolds Tobacco Co. & Philip Morris USA Inc. v. Andy R. Allen Sr. FOR the Estate OF Patricia L. Allen
  228 So. 3d 684· Fla. 1st DCA· 2017-10-18 ·cited 10×
  This is an Engle-progeny tobacco wrongful death case where the First District affirmed a jury verdict awarding compensatory and punitive damages against R.J. Reynolds and Philip Morris for the death of Patricia Allen from tobacco-related disease. The court rejected appellants' ch
• Philip Morris USA, Inc. v. Pollari
  228 So. 3d 115· Fla. 4th DCA· 2017-08-30 ·cited 10×
  This appeal concerns the admissibility of Surgeon General's Reports on smoking in a tobacco products liability case. The Fourth District Court of Appeal reversed the trial court's admission of the 2010, 2012, and 2014 Surgeon General Reports as evidence, finding them inadmissible
• Pitts v. State
  227 So. 3d 674· Fla. 1st DCA· 2017-08-10 ·cited 10×
  Billy Joe Pitts was convicted of felony driving with a suspended license and leaving the scene of a fatal accident. On appeal, Pitts challenged the trial court's decisions to join the charges, deny his motion for acquittal, and admit certain hearsay and impeachment evidence. The
• Saidin v. Jorg Korecki
  202 So. 3d 468· Fla. 1st DCA· 2016-11-04 ·cited 10×
  Appellant Saidin appeals a post-judgment non-final order granting temporary injunctive relief and determining liability in favor of the Koreckis. The court affirms the grant of injunctive relief but reverses and remands regarding the inadequate $100 bond amount, dismissing as non
• Ocwen Loan Servicing, LLC v. Gundersen
  204 So. 3d 530· Fla. 4th DCA· 2016-09-28 ·cited 10×
  The trial court abused its discretion by excluding the bank's business records from a prior servicer because the bank's witness demonstrated sufficient familiarity with the boarding process and established the records' trustworthiness.
• Medrano v. State
  199 So. 3d 413· Fla. 4th DCA· 2016-08-24 ·cited 10×
  Samuel Medrano was convicted of burglary of a dwelling, possession of burglary tools, and grand theft of a motor vehicle. On appeal, he challenged the trial court's denial of motions for judgment of acquittal on the theft and burglary charges, and objected to the jury instruction
• Dickson v. Dickson
  204 So. 3d 498· Fla. 4th DCA· 2016-08-03 ·cited 10×
  The Fourth District Court of Appeal reversed and remanded a final judgment of dissolution of marriage, finding that the trial court erred in awarding only bridge-the-gap alimony instead of applying the rebuttable presumption favoring permanent alimony in a 19-year marriage, and f
• Allen v. State
  192 So. 3d 554· Fla. 4th DCA· 2016-05-18 ·cited 10×
  Jason Allen was convicted of second-degree murder based largely on circumstantial evidence when the victim's body was never found. The Fourth District Court of Appeal reversed his conviction and ordered a new trial, holding that the trial court improperly admitted evidence of All
• J.L.C. v. State
  189 So. 3d 260· Fla. 2d DCA· 2016-04-06 ·cited 10×
  A victim's speculative estimate of stolen coin value, lacking a competent foundation, is insufficient to support a restitution order.
• Lowe's Home Ctrs., Inc. v. Beekman
  187 So. 3d 318· Fla. 1st DCA· 2016-03-04 ·cited 10×
  In this workers' compensation appeal, the court addresses the scope of the presumption of correctness afforded to Expert Medical Advisor (EMA) opinions. The court holds that while EMA opinions are presumptively correct regarding identified disagreements between health care provid
• Brown v. Brown
  180 So. 3d 1070· Fla. 1st DCA· 2015-11-23 ·cited 10×
  Ted K. Brown appeals a trial court order that substantially denied his petition to modify the parenting plan and child support arrangement with his former wife. The appellate court affirmed the denial of parenting plan modification due to lack of substantial change in circumstanc
• Adel Vaelizadeh v. Mahnaz Hossaini
  174 So. 3d 579· Fla. 4th DCA· 2015-09-02 ·cited 10×
  The father appeals a circuit court's final judgment granting the mother's petition to relocate with their minor child to Nebraska. The appellate court reversed, finding that good cause existed to preclude entry of the relocation judgment despite the father's untimely response, an
• U.S. Bank Nat'l Ass'n v. Proenza
  157 So. 3d 1075· Fla. 3d DCA· 2015-01-21 ·cited 10×
  The court held that a final order entered without notice to the parties is void for lack of due process, and the trial court abused its discretion in denying a motion for relief from such an order.
• Bd. OF Cnty. Comm'rs Broward Cnty. Fla. v. Parrish
  154 So. 3d 412· Fla. 4th DCA· 2014-12-10 ·cited 10×
  The Board of County Commissioners of Broward County appealed a circuit court's grant of mandamus relief requiring it to fund the property appraiser's budget in the amount approved by the Florida Department of Revenue (FDOR), despite the Board's pending appeal to the Administratio
• Kendrick C. Silver v. State
  149 So. 3d 54· Fla. 4th DCA· 2014-07-16 ·cited 10×
  Kendrick Silver was convicted of three counts of attempted second-degree murder and two misdemeanors following an armed robbery of a pizza restaurant that resulted in shootings. On appeal, Silver challenged the trial court's failure to instruct the jury on attempted voluntary man
• Randall v. Walt Disney World Co.
  140 So. 3d 1118· Fla. 5th DCA· 2014-06-20 ·cited 10×
  Margaret Randall appealed the dismissal of her loss-of-consortium claim following her husband's death during a pending personal injury action against Disney. The Fifth District Court of Appeal held that a surviving spouse's loss-of-consortium claim survives the death of the injur
• Nathanson v. Rishyko
  140 So. 3d 1054· Fla. 4th DCA· 2014-06-04 ·cited 10×
  The Fourth District affirmed the trial court's denial of the mother's modification petition regarding parental responsibility and access, but dismissed her appeal of the civil contempt finding as premature because the trial court had not yet imposed sanctions.
• ARCH Specialty Ins. Co. v. Kubicki Draper, LLP
  137 So. 3d 487· Fla. 4th DCA· 2014-03-26 ·cited 10×
  Arch Specialty Insurance Company sued Kubicki Draper LLP for legal malpractice but named itself as plaintiff when Arch Insurance Company was the entity that actually paid the settlement. The trial court granted summary judgment for Kubicki on standing grounds and denied Arch Spec