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

• Ortega-Mantilla v. State
  898 So. 2d 1164· Fla. 3d DCA· 2005-04-06 ·cited 10×
  Carlos Ortega-Mantilla, a sex offender scheduled for release from prison, was civilly committed as a sexually violent predator under Florida's Jimmy Ryce Act. He appealed, raising six issues including equitable estoppel, evidentiary rulings, and expert testimony. The court affirm
• Gurney v. State Farm Mut. Auto.
  889 So. 2d 97· Fla. 5th DCA· 2004-11-19 ·cited 10×
  Diane Gurney appeals a judgment awarding State Farm attorney's fees and costs after Gurney's unsuccessful PIP benefits claim. The court addresses whether Florida's proposal for settlement statute applies to PIP actions and when nominal settlement offers constitute good faith offe
• Lawson v. State
  884 So. 2d 540· Fla. 4th DCA· 2004-11-03 ·cited 10×·via Abuse Of Discretion Standard For Continuance
  Ross Lawson appeals his conviction for burglary, robbery, carjacking, and felony battery, arguing the trial court abused its discretion in denying his attorney's motion for continuance due to inadequate trial preparation time. The Fourth District affirmed, holding that Lawson's o
• Adrianne Tijuana Johnson v. State
  880 So. 2d 749· Fla. 5th DCA· 2004-05-28 ·cited 10×
  Adrianne Johnson appealed her probation violation conviction, arguing that a missed appointment with her probation officer was insufficient to establish a willful violation. The appellate court affirmed, finding that the evidence supported the trial court's finding that Johnson w
• THE HERTZ Corp. v. Gleason
  874 So. 2d 1217· Fla. 4th DCA· 2004-05-19 ·cited 10×·via Abuse Of Discretion Standard For New Trial Motions
  In this negligence case arising from a motor vehicle accident, the trial jury found the defendant not liable despite stipulated negligence. The trial court granted a new trial motion, but the appellate court reversed and limited the new trial to damages for orthopedic and soft ti
• Rodriguez v. McRAY
  871 So. 2d 1001· Fla. 3d DCA· 2004-04-16 ·cited 10×
  Jose Luis Rodriguez sought habeas corpus relief challenging a $75,000 bond increase imposed after his initial arrest on aggravated battery and animal cruelty charges. The Florida Third District Court of Appeal held that the trial court abused its discretion in increasing the bond
• THE Stephan Co. v. Faulding Healthcare (IP) Holdings, Inc.
  844 So. 2d 676· Fla. 4th DCA· 2003-04-16 ·cited 10×
  The court held that a temporary injunction was erroneously granted because there was no indication of future harm or a likelihood of repeated infringing activity.
• First Union Nat'l Bank v. Turney
  839 So. 2d 774· Fla. 1st DCA· 2003-02-06 ·cited 10×
  First Union National Bank appeals an attorney's fees award to Helen J. Turney, a trust beneficiary who prevailed in a breach of fiduciary duty action. The court affirms, holding that because the bank's fraudulent concealment of material facts continued after the October 1, 1993 e
• Wheeler v. State
  839 So. 2d 770· Fla. 4th DCA· 2003-02-05 ·cited 10×
  Mary Wheeler was convicted of perjury after representing herself at trial. She appealed, claiming the trial court abused its discretion by failing to reappoint counsel after she allegedly retracted her Faretta waiver. The court affirmed, holding that Wheeler's waiver of counsel w
• Miguez v. Maryanka Miguez
  824 So. 2d 258· Fla. 3d DCA· 2002-08-07 ·cited 10×
  Hugo Miguez appealed a trial court's extension of a domestic violence injunction from one year to seven years, arguing that such duration is erroneous as a matter of law. The appellate court affirmed, holding that Florida law permits domestic violence injunctions of indefinite du
• Safety Nat'l Cas. Corp. v. Fla. Mun. Ins. Tr.
  818 So. 2d 612· Fla. 5th DCA· 2002-05-17 ·cited 10×
  Safety National Casualty Corporation appealed the trial court's denial of its motion to transfer venue under Florida's forum non conveniens statute in a breach of contract action brought by Florida Municipal Insurance Trust. The court affirmed the denial, holding that the trial c
• Platz v. Auto Recycling & Repair, Inc.
  795 So. 2d 1025· Fla. 2d DCA· 2001-09-07 ·cited 10×
  Plaintiff Ryan Platz, Jr. won a jury verdict in a dog bite case, but the trial court granted a new trial based on alleged misconduct by Platz's counsel. The appellate court reversed, finding that the trial court abused its discretion because the conduct complained of did not meet
• Fla. Water Servs. Corp. v. Utils. Comm'n
  790 So. 2d 501· Fla. 5th DCA· 2001-06-22 ·cited 10×
  Florida Water Services Corporation appeals a quick-take eminent domain order allowing the Utilities Commission to condemn the Sugar Mill water and sewer system. The court affirmed, holding that the Commission's appraisal by a non-licensed engineer was valid, no amendment to the d
• Chereskin v. Chereskin
  790 So. 2d 496· Fla. 5th DCA· 2001-06-15 ·cited 10×
  Father's appeal of trial court's denial of child support modification motion is affirmed because father failed to provide a hearing transcript or proper substitute, making the trial court's ruling presumed correct.
• Harout Oymayan v. State
  765 So. 2d 812· Fla. 1st DCA· 2000-08-09 ·cited 10×
  Oymayan appeals the trial court's denial of his petition to expunge criminal records involving multiple drug offenses arising from a single December 1995 arrest. The First District Court of Appeal reversed, holding that the trial court misinterpreted the expungement statute by re
• M.A. v. Fla. Dep't of Child. & Fam. Servs.
  760 So. 2d 249· Fla. 3d DCA· 2000-05-31 ·cited 10×
  Mother M.A. appeals the termination of her parental rights, arguing the trial court abused its discretion by denying her continuance motion when she could not be reached by phone before trial. The Florida Third District Court of Appeal affirmed, holding the mother had a duty to m
• Denise v. Franklin
  759 So. 2d 703· Fla. 3d DCA· 2000-04-19 ·cited 10×·via Reasonableness Test For Abuse Of Discretion
  Franklin appeals from a trial court's order granting a new trial in a medical malpractice case against Jackson Memorial Hospital. The court ordered a new trial because Franklin's expert witness, Dr. Battle, was not qualified under Florida Statute Section 766.102(6) to testify abo
• Southpointe Homeowners Ass'n, Inc. v. Segarra
  763 So. 2d 1186· Fla. 4th DCA· 2000-01-26 ·cited 10×
  A homeowners association appealed a trial court's reduction of attorney's fees and costs in a dispute over $294 in unpaid dues. The Florida appellate court affirmed the trial court's award of $785 in attorney's fees and $133.50 in costs, finding the association's requested $4,645
• Hagan v. State
  746 So. 2d 1241· Fla. 1st DCA· 1999-12-29 ·cited 10×
  The trial court's restitution award must be supported by evidence of fair market value at the time of the offense, either through direct testimony or through evidence of original cost, manner of use, condition, and depreciation percentage.
• Blair v. State
  745 So. 2d 496· Fla. 1st DCA· 1999-11-22 ·cited 10×
• Reyner v. State
  745 So. 2d 1071· Fla. 1st DCA· 1999-11-17 ·cited 10×
  The court held that the defendant's statement to police, despite denying abuse, contained sufficient corroborative details to allow the admission of the child victim's hearsay statement.
• F.J.W. Enters., Inc. v. Johnson
  746 So. 2d 1145· Fla. 5th DCA· 1999-11-12 ·cited 10×
  F.J.W. Enterprises (Sonny's Bar-B-Q) appeals a jury verdict awarding Johnson over $500,000 for injuries sustained during an altercation in the restaurant's parking lot, claiming the trial court abused its discretion by denying mistrial motions based on improper statements by plai
• Kearney v. Ross
  743 So. 2d 578· Fla. 4th DCA· 1999-09-17 ·cited 10×
  The court held that the trial court prematurely dismissed the action for lack of prosecution because less than one year had passed since the last record activity.
• Keitel v. Keitel
  724 So. 2d 1255· Fla. 4th DCA· 1999-01-27 ·cited 10×
  Frederick Keitel appeals a dissolution judgment awarding primary custody of the parties' child to his former wife Diane, along with a standard visitation schedule and the vacation of a relocation restriction. The Fourth District affirms, holding that the trial court properly exer
• Tanner v. State
  724 So. 2d 156· Fla. 1st DCA· 1998-12-17 ·cited 10×
  The court held that the trial judge did not abuse discretion in allowing the jury to submit questions to witnesses, and any error was harmless.
• R.A. v. Dep't of Child. & Fam. Servs.
  724 So. 2d 574· Fla. 3d DCA· 1998-08-12 ·cited 10×
  R.A. appeals the termination of his parental rights. The court affirmed, rejecting his arguments that he was denied the right to address the court during closing argument and that the Department failed to prove the statutory elements for termination by clear and convincing eviden
• Reyes v. State
  711 So. 2d 1378· Fla. 2d DCA· 1998-06-19 ·cited 10×·via Abuse Of Discretion Standard On Appeal
  Oscar Reyes appealed the revocation of his three-year probation for attempted sexual battery after he was found to have committed a burglary of an automobile in violation of his probation conditions. The appellate court affirmed the revocation, finding that the defendant had pres
• Onel Montalvo v. State
  705 So. 2d 984· Fla. 3d DCA· 1998-02-04 ·cited 10×
  Onel Montalvo appeals a restitution order imposed as part of his plea agreement for grand theft involving cruise tickets and amenities. The court affirmed the restitution award, holding that the state need not prove the tickets would have been sold to other customers; rather, res
• Westberry v. State
  700 So. 2d 1236· Fla. 1st DCA· 1997-09-16 ·cited 10×
  Westberry appealed his convictions for attempted sexual battery, challenging the trial court's extension of the speedy trial period based on delays in DNA testing. The appellate court affirmed, finding that although the prosecutor's diligence was questionable, the appellant's own
• Fla. Power & Light Co. v. Polackwich
  705 So. 2d 23· Fla. 2d DCA· 1997-03-05 ·cited 10×
  Florida Power & Light Company appeals a trial court's denial of its motion to tax appellate costs after both FP&L and the estates appealed a judgment, with each party prevailing on significant issues. The appellate court holds that the trial court abused its discretion by finding
• McCUMBER v. State
  682 So. 2d 1214· Fla. 2d DCA· 1996-11-13 ·cited 10×
  The court reversed McCumber's probation revocation, holding that an unexpected telephone call from his estranged wife and daughter on Father's Day did not constitute a willful and substantial violation of his probation conditions prohibiting contact with his daughter. The court f
• Aislinn Quinn v. Settel
  682 So. 2d 617· Fla. 3d DCA· 1996-10-30 ·cited 10×
  Mother appeals a final custody judgment establishing a rotational custody schedule for the parties' daughter, alternating between mother in Florida and father in France by school year. The court affirmed, finding the arrangement in the child's best interests and supported by prio
• Hyatt Corp. v. Stefan Howarth
  678 So. 2d 823· Fla. 3d DCA· 1996-05-29 ·cited 10×
  Hyatt Corporation appealed the trial court's denial of its motion to transfer a negligence action from Dade County to Monroe County under Florida's forum non conveniens statute. The Third District Court of Appeal affirmed, holding that the trial court did not abuse its discretion
• Helene Alberts v. Fed. Home Loan Mortg. Corp.
  673 So. 2d 158· Fla. 4th DCA· 1996-05-15 ·cited 10×
  The court held that a trial court does not abuse its discretion in setting aside a foreclosure sale due to a unilateral mistake by the lender's agent, even if similar facts in another case led to a different outcome.
• Arison v. Offer
  669 So. 2d 1128· Fla. 4th DCA· 1996-03-20 ·cited 10×
  The court held that the 120-day service period is tolled while a defendant contests the adequacy of service, and that good cause for late service exists when a defendant must be served in a foreign country.
• State Farm Mut. Auto. Ins. Co. v. Penland
  668 So. 2d 200· Fla. 4th DCA· 1995-12-06 ·cited 10×·via Abuse Of Discretion Standard For New Trial Motions
  State Farm appealed a trial court's grant of a new trial in an underinsured motorist case, challenging the exclusion of expert testimony on vehicle occupant positioning, the denial of a motion to disqualify the judge, and the grant of summary judgment on the seat belt defense. Th
• G.H. Johnson Constr. Co. v. A.P.G. Elec., Inc.
  656 So. 2d 566· Fla. 2d DCA· 1995-06-14 ·cited 10×
  The trial court abused its discretion in awarding excessive appellate attorney fees, and the appellate court reduced the award.
• City OF Delray Beach v. Professional Firefighters OF Delray Beach
  636 So. 2d 157· Fla. 4th DCA· 1994-04-27 ·cited 10×
  In a case of first impression, the Florida Fourth District Court of Appeal affirmed an unfair labor practice finding that the City of Delray Beach violated collective bargaining law by unilaterally ceasing to pay individual performance increases to employees during the status quo
• Troiano v. Tizon
  632 So. 2d 251· Fla. 3d DCA· 1994-02-22 ·cited 10×
  Joe Troiano, a court reporter, appealed an order denying his motion to vacate a post-judgment order requiring him to provide trial transcripts at a rate of $2.80 per page. The court affirmed the denial, holding that review of a motion to vacate is limited to whether the trial cou
• Miller v. John H. Affleck, M.D.
  632 So. 2d 79· Fla. 1st DCA· 1993-11-30 ·cited 10×
  In a medical malpractice action arising from an allegedly unnecessary mastectomy, a jury returned a verdict for the plaintiffs totaling $1.9 million. The trial court granted the defendants' motion for a new trial citing manifest weight of the evidence and trial errors. The appell
• United States v. Foppe
  993 F.2d 1444· 9th Cir.· 1993-05-25 ·cited 10×
  The court held that observations of Foppe's appearance were not fruit of the poisonous tree, that the government's argument regarding consciousness of guilt was permissible, that the in-court identification was independent, that the jury instructions were proper, and that sentenc
• United States v. Tracy
  989 F.2d 1279· 1st Cir.· 1993-03-29 ·cited 10×
  The court affirmed the conviction but vacated the sentence and remanded for the district court to reconsider the obstruction of justice enhancement, as its findings on perjury were unclear.
• United States v. Arambula-Ruiz
  987 F.2d 599· 9th Cir.· 1993-03-03 ·cited 10×
  The court held that the admission of a prior drug conviction for knowledge and intent was proper under Rule 404(b), and co-conspirator statements were admissible under Rule 801(d)(2)(E); errors in admitting prior arrests were harmless, and no Bruton error occurred.
• Ophelia Y. Moore v. Permanente Med. Grp., Inc.
  981 F.2d 443· 9th Cir.· 1992-12-10 ·cited 10×
  A district court retains jurisdiction to award attorney's fees under 28 U.S.C. § 1447(c) after remanding a case, and such fees may be awarded for improper removal even absent a finding of bad faith.
• State v. Traster
  610 So. 2d 572· Fla. 4th DCA· 1992-12-09 ·cited 10×
  Florida appealed a downward departure from sentencing guidelines in a strong-armed robbery case. The trial court departed downward based on the defendant's steroid addiction, amenability to rehabilitation, and post-crime contributions to the community. The appellate court affirme
• United States v. Lambey
  974 F.2d 1389· 4th Cir.· 1992-09-02 ·cited 10×
  The court should have allowed withdrawal of the guilty plea because counsel's mistaken advice provided a 'fair and just reason' under Rule 32(d).
• United States v. Colette Joe Bernaugh
  969 F.2d 858· 10th Cir.· 1992-06-24 ·cited 10×
  The court held that the district court did not err in applying sentencing enhancements for obstruction of justice and aggravating role, nor in calculating the drug quantity or accepting the guilty plea for violating the Travel Act.
• United States v. Arias-Santana
  964 F.2d 1262· 1st Cir.· 1992-06-04 ·cited 10×
  The court held that the admission of a police report to rebut an implied charge of recent fabrication was proper, and that claims regarding witness sequestration and jury instructions were waived or waived and reviewed for plain error, with no such error found.
• United States v. Torres
  965 F.2d 303· 7th Cir.· 1992-06-02 ·cited 10×
  The court held that the jury instructions, when viewed as a whole, did not constitute plain error, and the limitation on cross-examination was not an abuse of discretion.
• Brandt v. Schal Assocs.
  960 F.2d 640· 7th Cir.· 1992-04-01 ·cited 10×
  The court affirmed the district court's imposition of Rule 11 sanctions against an attorney for filing a RICO claim without a reasonable basis in fact or law.