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

• OB/GYN Specialists OF THE Palm Beaches, P.A. v. Mejia
  134 So. 3d 1084· Fla. 4th DCA· 2014-01-08 ·cited 10×
  In this wrongful birth medical malpractice case, the court reversed a $2.5 million jury verdict and remanded for a new trial, holding that the trial court erred in excluding evidence and argument that Florida law prohibits third trimester abortions, which was directly relevant to
• 50 State Sec. Serv., Inc. v. Lili Carissa Giangrandi
  132 So. 3d 1128· Fla. 3d DCA· 2013-11-27 ·cited 10×
  The estate of a murder victim brought a wrongful death action against a security company that failed to maintain adequate patrols in a gated community. The court affirmed denial of the security company's motion for new trial, holding that competent substantial evidence, including
• Olesky v. Dennis J. Stapleton, M.D.
  123 So. 3d 592· Fla. 2d DCA· 2013-07-26 ·cited 10×
  The court held that the trial court erred by precluding an expert witness from testifying about what a diagnostic test would have revealed if performed.
• Morgan v. State
  112 So. 3d 122· Fla. 5th DCA· 2013-05-03 ·cited 10×·via Abuse Of Discretion Standard For Jury Instructions
  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
• D.E.M. v. State
  109 So. 3d 1229· Fla. 1st DCA· 2013-03-28 ·cited 10×
  The court held that a victim's speculative 'guesstimate' of the value of stolen property, without a sufficient evidentiary basis, is insufficient to support a restitution order.
• Lindon v. Dalton Hotel Corp. & Roy B. Dalton, Jr.
  113 So. 3d 985· Fla. 5th DCA· 2013-03-08 ·cited 10×
  Harold Lindon appeals a successor judge's order granting a new trial on all issues after the original jury verdict favored Lindon. The appellate court reversed, finding that a successor judge reviewing a record is not in a better position than an appellate court to determine whet
• Eckert v. Eckert
  107 So. 3d 1235· Fla. 4th DCA· 2013-02-27 ·cited 10×
  In this family law appeal, the trial court granted the mother permission to relocate with the minor child from Broward County to Vero Beach, established a 50/50 time-sharing arrangement, declined to impute income to the mother for child support purposes, and ordered the father to
• Gunn v. Ubbels
  101 So. 3d 420· Fla. 5th DCA· 2012-11-30 ·cited 10×
  In a post-dissolution modification proceeding, the trial court awarded attorney's fees to the former wife without properly analyzing her need for the fees or comprehensively examining the former husband's ability to pay. The appellate court reversed and remanded, holding that tri
• Sullivan v. Mark David Kanarek, M.D., & Nadal Pediatrics, P.A.
  79 So. 3d 900· Fla. 2d DCA· 2012-02-17 ·cited 10×
  On remand from the Florida Supreme Court, the Second District Court of Appeal reversed the denial of a medical malpractice plaintiff's motion for new trial, holding that defense counsel's cumulative misconduct during trial constituted fundamental error requiring a new trial, espe
• Shiloh Toler and Troy Toler v. Bank OF Am.
  78 So. 3d 699· Fla. 4th DCA· 2012-02-01 ·cited 10×
  The Tolers appealed the trial court's denial of their motion to vacate a summary judgment in a mortgage foreclosure action. Although the appellate court found the motion was timely filed, it affirmed the denial because the Tolers failed to allege a colorable basis for relief unde
• Alvarez v. Cooper Tire & Rubber Co.
  75 So. 3d 789· Fla. 4th DCA· 2011-11-30 ·cited 10×
  Mario Alvarez, as personal representative of his brother's estate, appealed a products liability judgment in favor of Cooper Tire & Rubber Company, challenging the trial court's limitation of discovery to tires with the same or substantially similar Green Tire Specification numbe
• Rajiv A. Gray v. State
  72 So. 3d 336· Fla. 4th DCA· 2011-10-26 ·cited 10×
  The trial court abused its discretion by denying the defendant's motion for juror interviews, as the allegations presented a prima facie case of premature jury deliberations.
• Larsen v. State
  82 So. 3d 971· Fla. 4th DCA· 2011-08-10 ·cited 10×
  Glenn Larsen appeals his conviction for aggravated battery with a deadly weapon, challenging the trial court's refusal to instruct the jury on justifiable use of non-deadly force. The Fourth District Court of Appeal affirms, holding that stabbing the victim in the neck with a kni
• Gerry Parish v. State
  59 So. 3d 1229· Fla. 4th DCA· 2011-05-11 ·cited 10×
  The court held that the trial court erred in denying the petition for a writ of mandamus because the state's response was unsworn and the appellant should have been allowed to amend the petition to add the clerk of court as a respondent.
• Neal v. State
  60 So. 3d 1132· Fla. 4th DCA· 2011-05-11 ·cited 10×
  Frankie Neal appeals his convictions for possession of cocaine with intent to sell and sale of cocaine, challenging the trial court's handling of his request for self-representation, the adequacy of inquiries regarding counsel, and his habitual offender sentencing. The Fourth Dis
• MacKey v. State
  55 So. 3d 606· Fla. 4th DCA· 2011-01-19 ·cited 10×
  Leroy Mackey appeals his first-degree murder conviction on three grounds: denial of a motion in limine regarding ballistics evidence, overruling of an objection to prosecutorial rebuttal argument, and denial of a motion for new trial based on alleged prosecutorial misconduct. The
• Belle Glade Chevrolet-Cadillac Buick Pontiac Oldsmobile, Inc. v. Figgie
  54 So. 3d 991· Fla. 4th DCA· 2010-12-15 ·cited 10×
  Belle Glade Chevrolet appeals a judgment awarding $100,000 in punitive damages for selling plaintiff a defective Jaguar with fraudulent misrepresentations. The appellate court upholds the default sanction for discovery violations but reverses the punitive damages award because th
• Anne Gergen v. Gergen
  48 So. 3d 148· Fla. 1st DCA· 2010-11-22 ·cited 10×
  In this Florida family law appeal, the trial court dissolved a marriage after 18 years but reserved jurisdiction on permanent periodic alimony and child support rather than making final rulings. The appellate court reversed and remanded, holding that the trial court must make a f
• Jawara Ward v. State
  40 So. 3d 854· Fla. 4th DCA· 2010-07-14 ·cited 10×
  Jawara Ward was convicted of robbery and grand theft of a motor vehicle based partly on a jury instruction about possession of recently stolen property. The Fourth District Court of Appeal reversed his grand theft conviction because the trial court improperly instructed the jury
• Moises Espinoza v. State
  37 So. 3d 387· Fla. 4th DCA· 2010-06-09 ·cited 10×
  The court held that defense counsel failed to lay a proper foundation for impeachment because the victim's inability to recall details of a prior statement was not truly inconsistent with her trial testimony.
• Wilson v. Wilson
  37 So. 3d 877· Fla. 2d DCA· 2010-04-21 ·cited 10×
  Kathy Wilson appealed a trial court order reducing her ex-husband Dr. James Wilson's alimony obligation from $11,000 to $8,000 per month based on changed circumstances following his sale of his veterinary practice. The appellate court affirmed, holding that the sale constituted a
• Brunson v. State
  31 So. 3d 926· Fla. 1st DCA· 2010-03-31 ·cited 10×
  Adrian Brunson was convicted of trafficking in cocaine after police found 270 grams in his vehicle. The Florida First District Court of Appeal reversed his conviction, holding that the State improperly opened the door to evidence of Brunson's lack of prior arrests by playing a co
• Malchan v. Leis Howard
  29 So. 3d 453· Fla. 4th DCA· 2010-03-10 ·cited 10×
  Malchan appeals a permanent injunction for domestic violence protection issued by the trial court based on an alleged 2005 incident where he allegedly punched a wall, pushed the mother into a wall, tried to choke her, and threatened to kill her. The appellate court reversed, hold
• Se. Land Developers, Inc. v. ALL Fla. Site & Utils., Inc.
  28 So. 3d 166· Fla. 1st DCA· 2010-02-12 ·cited 10×
  Appellants challenge a default judgment entered against them for breach of a construction contract, arguing the underlying complaint failed to state a claim because it did not allege that conditions precedent to payment had been satisfied. The Florida appellate court agreed and r
• State v. Mahmoud GAD
  27 So. 3d 768· Fla. 2d DCA· 2010-02-12 ·cited 10×
  The State appealed a trial court's order excluding three statements made by the defendant Mahmoud Gad to his wife during and after an incident involving allegations of attempted sexual battery and battery. The appellate court reversed, holding that the trial court abused its disc
• Moralinda Rachid v. Omaira Torres Perez
  26 So. 3d 70· Fla. 3d DCA· 2010-01-20 ·cited 10×
  Moralinda Rachid appeals the trial court's denial of her motion to rehear and set aside an order enforcing a mediated settlement agreement in an estate dispute. The court affirmed, holding that Rachid failed to preserve her unilateral mistake argument and that her claim of lack o
• Knight v. State
  15 So. 3d 936· Fla. 3d DCA· 2009-08-12 ·cited 10×·via Abuse Of Discretion Standard For Evidence Admission
  Derrick Knight appeals his conviction for manslaughter and related charges, challenging the trial court's admission of photographs of firearms found in his home that were not used in the shooting. The appellate court affirmed, finding no abuse of discretion in admitting the photo
• Wynkoop v. State
  14 So. 3d 1166· Fla. 4th DCA· 2009-06-17 ·cited 10×·via Abuse Of Discretion Standard For Expert Testimony
  Scott Wynkoop was convicted of manslaughter by culpable negligence in the death of his nine-year-old stepdaughter after his vehicle was struck by a train at a railroad crossing. The Fourth District reversed his conviction, finding the trial court erred by excluding expert testimo
• Sharif Shakhan Miffin v. State
  19 So. 3d 377· Fla. 2d DCA· 2009-05-22 ·cited 10×
  The court affirmed the revocation of probation based on a new law violation (grand theft motor vehicle) but remanded to strike findings based solely on hearsay.
• Zivitz v. Zivitz
  16 So. 3d 841· Fla. 2d DCA· 2009-05-22 ·cited 10×
  Robert Zivitz appeals a garnishment judgment awarding proceeds from his condominium sale to his ex-wife and son. The trial court struck Robert's untimely homestead exemption claim because he failed to file it within 20 days of receiving garnishment notice as required by Florida s
• Shniderman v. Fitness Innovations & Techs., Inc.
  994 So. 2d 508· Fla. 4th DCA· 2008-11-19 ·cited 10×
  Attorney Neal Shniderman appeals a judgment requiring him to pay a portion of sanctions imposed for bad faith litigation conduct. The court affirmed the award compensating the opposing party (Grillo defendants) for fees incurred due to Shniderman's misconduct, but reversed the po
• Ryder Sys., Inc. v. Davis
  997 So. 2d 1133· Fla. 3d DCA· 2008-11-12 ·cited 10×
  This appeal concerns the standard of review for orders granting or denying a motion to dismiss for forum non conveniens, clarifying that abuse of discretion is the general standard, with a limited exception for de novo review when appellate courts address previously unaddressed K
• C.A. v. Dep't OF Child. & Families & Guardian Ad Litem Program
  988 So. 2d 1247· Fla. 4th DCA· 2008-08-27 ·cited 10×
  The court held that the trial court abused its discretion by terminating protective supervision and placing the child in permanent guardianship due to the mother's failure to complete her case plan, as completion was impossible due to lack of financial resources.
• Hoegh v. Est. OF Allie Mae Johnson
  985 So. 2d 1185· Fla. 5th DCA· 2008-07-03 ·cited 10×
  Appellant Gloria Hoegh challenged a trial court's award of appellate attorney's fees to the Estate of Allie Mae Johnson following the affirmance of an order finding Hoegh's purported will was a forgery and that she participated in its creation. The appellate court affirmed the tr
• Cole v. Echevarria
  965 So. 2d 1228· Fla. 1st DCA· 2007-09-28 ·cited 10×
  This case addresses class certification in a consumer protection lawsuit where property owners challenged attorneys' allegedly illegal collection practices involving inflated title search fees. The court affirmed class certification but reversed the trial court's improper limitat
• Hudson v. Int'l Computer Negotiations, Inc.
  499 F.3d 1252· 11th Cir.· 2007-09-17 ·cited 10×
  International Computer Negotiations, Inc. appealed a district court order denying sanctions under 28 U.S.C. § 1927 against attorneys Basyle J. Tchividjian and Craig L. Berman for representing Kevin Hudson in a wrongful discharge suit alleging disability discrimination under the F
• Lowry v. State
  963 So. 2d 321· Fla. 5th DCA· 2007-08-17 ·cited 10×
  Donald Stanford Lowry appealed his conviction for heroin trafficking, raising six claims of error including the admission of testimony about an unexecuted drug deal, phone recordings and translations, jury composition issues, and prosecutorial misconduct. The Fifth District Court
• Edrington v. Edrington
  945 So. 2d 608· Fla. 4th DCA· 2006-12-20 ·cited 10×
  A father appeals a trial court's custody order establishing rotating custody with no designated primary residential parent, and the denial of his motion for rehearing based on newly discovered evidence. The appellate court affirms, finding no abuse of discretion by the trial cour
• Hinton v. Supervision Int'l, Inc.
  942 So. 2d 986· Fla. 5th DCA· 2006-12-01 ·cited 10×·via Abuse Of Discretion Standard For New Trial Motions
  Michelle Lee Hinton appealed a judgment notwithstanding the verdict (JNOV) granted in favor of her employer, Supervision International, in a retaliation case under Florida's Civil Rights Act. The appellate court reversed, finding the trial court improperly added a good faith requ
• Palm Beach Cnty. Health Dep't v. Wilson
  944 So. 2d 428· Fla. 4th DCA· 2006-11-15 ·cited 10×
  The Florida Fourth District Court of Appeal reversed a judgment in favor of a whistleblower employee, finding that the trial court abused its discretion by denying a motion for new trial based on juror misconduct. A seated juror failed to disclose an ongoing eminent domain class
• Witt v. Goben
  940 So. 2d 526· Fla. 1st DCA· 2006-10-25 ·cited 10×
• Alexander v. State
  931 So. 2d 946· Fla. 4th DCA· 2006-05-10 ·cited 10×
  Martin Alexander was convicted of DUI while causing a fatal accident involving a golf cart. On appeal, the Fourth District Court of Appeal reversed and remanded because the trial court abused its discretion by excluding exculpatory DNA expert testimony that was listed on the Stat
• Ferguson v. Ferguson
  921 So. 2d 796· Fla. 5th DCA· 2006-02-24 ·cited 10×
  William Ferguson appeals the dismissal of his petition to modify alimony without an evidentiary hearing. The court affirmed the dismissal, holding that Ferguson failed to allege a substantial change in circumstances since his previous unsuccessful modification petition in 2004.
• In re DOE
  921 So. 2d 753· Fla. 1st DCA· 2006-02-22 ·cited 10×
  Jane Doe, a minor, appealed the trial court's denial of her petition for judicial waiver of parental notification of pregnancy under Florida's Parental Notice of Abortion Act. The appellate court reversed, holding that the trial court's findings did not support its conclusion tha
• Peyton v. Horner
  920 So. 2d 180· Fla. 2d DCA· 2006-02-10 ·cited 10×
  Attorney Donald Peyton appealed an award of attorney's fees against him under Florida Statute § 57.105 after his client, a civic association, lost a suit to enforce deed restrictions. The court reversed the fee award, holding that the civic association's position on enforcement a
• Dean v. State
  916 So. 2d 962· Fla. 4th DCA· 2005-12-07 ·cited 10×
  Andre Dean was convicted of Strong Arm Robbery, but the Florida District Court of Appeal reversed his conviction because the trial court erred in excluding evidence of a pawn slip that bore someone else's name and fingerprint—evidence supporting Dean's theory that he did not comm
• Kepner v. State
  911 So. 2d 1256· Fla. 4th DCA· 2005-09-28 ·cited 10×·via Abuse Of Discretion Standard For Continuance
  Mark Kepner appealed his convictions for aggravated fleeing and eluding and grand theft, along with his habitual felony offender sentence, raising three issues. The Florida Fourth District Court of Appeal affirmed the first two issues but reversed and remanded on the third issue
• A.B. v. State
  910 So. 2d 415· Fla. 4th DCA· 2005-09-21 ·cited 10×
  The court held that a trial court must hold a restitution hearing to determine a juvenile's ability to pay before setting the amount of restitution.
• Rodriguez v. State
  909 So. 2d 547· Fla. 4th DCA· 2005-08-31 ·cited 10×
  Victor Rodriguez was tried jointly for armed kidnapping, aggravated battery, and manufacturing cannabis. He was acquitted of the violent crimes but convicted of manufacturing cannabis. The Fourth District Court of Appeal reversed and remanded for a new trial, holding that the tri
• Merrill Krolick, D.O., & Suncoast Internal Med. Consultants, P.A. v. Monroe
  909 So. 2d 910· Fla. 2d DCA· 2005-05-25 ·cited 10×
  Dr. Krolick and his medical practice appeal a trial court's order granting a new trial in a medical negligence case involving the death of Joan Monroe. The appellate court reverses, holding that the trial court abused its discretion in granting a new trial based on the alleged er