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

• Kogan v. Israel
  211 So. 3d 101· Fla. 4th DCA· 2017-01-25 ·cited 9×
  Jeffrey Kogan, a Broward Sheriff's Office homicide detective, sued under Florida's public Whistle-blower's Act after being demoted to road patrol following his participation in a Florida Department of Law Enforcement investigation into possible excessive force by a Fort Lauderdal
• R.J. Reynolds Tobacco Co. v. Odom
  210 So. 3d 696· Fla. 4th DCA· 2016-11-30 ·cited 9×
  R.J. Reynolds appeals a $18.5 million judgment in a wrongful death tobacco case brought by the representative of a deceased smoker's estate as an Engle class member. The Fourth District affirmed liability and reliance findings but reversed and remanded for remittitur of the compe
• Villas AT Laguna BAY Condo. Ass'n, Inc. v. Citimortgage, Inc.
  190 So. 3d 200· Fla. 5th DCA· 2016-04-22 ·cited 9×
  The Villas at Laguna Bay Condominium Association appealed the trial court's summary denial of its motion for rehearing after losing a lien foreclosure action against CitiMortgage. The appellate court reversed, holding that the trial court abused its discretion by denying the moti
• Pierre v. Pierre
  185 So. 3d 1264· Fla. 4th DCA· 2016-02-24 ·cited 9×
  In this dissolution of marriage appeal, Joseph Pierre challenges multiple aspects of the trial court's final judgment, including a default entry, the general magistrate's impartiality, judgments on unraised issues, and the time-sharing plan. The Fourth District Court of Appeal af
• Jimenez v. Ortega
  179 So. 3d 483· Fla. 5th DCA· 2015-11-20 ·cited 9×
  Appellant Jimenez appealed a negligence judgment in favor of Ortega, arguing the trial court should have dismissed Ortega's claims as a sanction for fraud upon the court. The appellate court agreed in part, reversing the awards for lost wages and pain and suffering due to Ortega'
• Small v. State
  179 So. 3d 421· Fla. 1st DCA· 2015-11-12 ·cited 9×
  This case involves the admissibility of a six-year-old child's out-of-court statements describing sexual abuse by her father. The trial court admitted the statements as reliable hearsay under Florida law, and the appellate court affirmed, holding that the trial court properly eva
• Wildflower, LLC v. ST. Johns River Water Mgmt. Dist.
  179 So. 3d 369· Fla. 5th DCA· 2015-10-30 ·cited 9×
  Wildflower, LLC appeals the trial court's order striking and dismissing its second amended complaint against St. Johns River Water Management District. The appellate court reversed, holding that the trial court erred in striking the complaint as a sham pleading without showing an
• Hutchinson v. Hattie P. Hutchinson
  185 So. 3d 528· Fla. 1st DCA· 2015-10-02 ·cited 9×
  Former Husband appeals a final judgment of dissolution of marriage, challenging alimony and attorney's fees awards. The court affirms the alimony award but reverses the attorney's fees award, holding that where equitable distribution and alimony leave parties in substantially equ
• Bornstein v. Ira Marcus
  169 So. 3d 1239· Fla. 4th DCA· 2015-07-22 ·cited 9×
  Stuart Bornstein appealed the trial court's decision to strike his complaint as a sham and enter final judgment against him in a fee dispute with a law firm. The appellate court reversed, holding that Bornstein's pleadings were not undoubtedly false merely because he characterize
• Dickson v. Dickson
  169 So. 3d 287· Fla. 5th DCA· 2015-07-17 ·cited 9×
  A mother appealed a post-judgment order modifying the timesharing schedule and designating the child's school after she relocated to a different county and unilaterally re-enrolled the child. The court reversed, holding that while the mother's relocation did not technically viola
• Freiman v. Nat'l City Mortg. Co.
  183 So. 3d 1111· Fla. 4th DCA· 2015-07-15 ·cited 9×
  Appellant Freiman appeals a final foreclosure judgment, challenging the trial court's award of attorney's fees to the bank. The court affirmed the foreclosure judgment but reversed the attorney's fee award due to lack of evidentiary support at trial.
• Woodson v. Darlene GO, M.D.
  166 So. 3d 231· Fla. 5th DCA· 2015-06-26 ·cited 9×
  Paul Woodson appeals a jury verdict in favor of medical malpractice defendants after complications from a cardiac catheterization. The Fifth District Court of Appeal affirms the trial court's limitation of expert witnesses to one per side on standard of care and causation, and re
• Wells Fargo Bank, N.A. v. Michaels
  166 So. 3d 226· Fla. 5th DCA· 2015-06-19 ·cited 9×
  The trial court abused its discretion by failing to vacate the dismissal of the foreclosure action when the dismissal was entered without proper notice to the parties.
• Schwartz v. Wal-Mart Stores, Inc.
  155 So. 3d 471· Fla. 5th DCA· 2015-01-16 ·cited 9×
  The trial court erred in granting a new trial limited to damages for initial medical evaluations because the jury's zero-damages verdict was supported by evidence and the plaintiff failed to preserve the issue.
• Wood v. Wood
  162 So. 3d 133· Fla. 1st DCA· 2014-12-17 ·cited 9×
  The First District Court of Appeal reversed portions of a modification judgment in a family law case involving alimony, child support, and health insurance obligations. The trial court improperly eliminated the former husband's $5,000 monthly child support obligation without suff
• Ford v. Ford
  153 So. 3d 315· Fla. 4th DCA· 2014-11-26 ·cited 9×
  In this post-dissolution marital case, the former wife appealed a contempt order imposing sanctions for violating the parenting plan. The Fourth District Court of Appeal affirmed the contempt finding and fee awards but reversed the requirement that the former wife attend therapy
• Martin v. State
  151 So. 3d 1184· Fla.· 2014-09-24 ·cited 9×
  Arthur James Martin was convicted of first-degree murder for shooting Javon Daniels nineteen times in 2009 and sentenced to death. The Florida Supreme Court affirmed Martin's conviction and death sentence, rejecting his challenges to the trial court's findings of aggravating circ
• Mitchell v. Mitchell
  141 So. 3d 1228· Fla. 1st DCA· 2014-06-18 ·cited 9×
  Robert Mitchell appealed a final judgment dissolving his marriage to Cynthia Y. Mitchell, challenging the equitable distribution, alimony award, and attorney's fee award. The court affirmed the equitable distribution and alimony but reversed and remanded the attorney's fee award
• In re Managed Care v. WellPoint, Inc.
  756 F.3d 1222· 11th Cir.· 2014-06-18 ·cited 9×
  The Eleventh Circuit affirmed in part and vacated in part the district court's contempt order. The court affirmed the injunction as to Appellants' RICO and antitrust claims, finding they were released by the settlement agreement. However, the court vacated the injunction as to ce
• Michaels v. Loftus
  139 So. 3d 324· Fla. 3d DCA· 2014-04-02 ·cited 9×
  Alexander Michaels, an attorney, was found in direct criminal contempt for two acts toward opposing counsel during a probation violation hearing: making a hand gesture and mumbling profanities in Romanian. The Florida appellate court granted his habeas petition as to the hand ges
• Bluth v. Blake
  128 So. 3d 242· Fla. 4th DCA· 2013-12-11 ·cited 9×
  An attorney appeals a trial court's order granting an additur of ten dollars to a jury's zero damages verdict in a legal malpractice case. The appellate court reversed, holding that no legal basis existed for the additur because the plaintiffs failed to present evidence of damage
• Hosnedl v. State
  126 So. 3d 400· Fla. 4th DCA· 2013-11-06 ·cited 9×
  Appellant Hosnedl was convicted of aggravated assault with a firearm after accidentally shooting a woman during a confrontation at his home. He appealed the trial court's denial of jury instructions on justifiable non-deadly force and defense of property, arguing his firearm disc
• Schoenlank v. Sylma Schoenlank
  128 So. 3d 118· Fla. 3d DCA· 2013-10-16 ·cited 9×
  The trial court did not abuse its discretion in denying attorney's fees to either party because both parties prevailed on significant issues in the litigation, resulting in a 'tie'.
• Wapnick v. Veterans Council OF Indian River Cnty., Inc.
  123 So. 3d 622· Fla. 4th DCA· 2013-08-28 ·cited 9×
  Larry Wapnick appeals an order imposing attorney's fees sanctions against him under Florida Statute section 57.105 after his defamation and invasion of privacy claims against the Veterans Council and individuals were dismissed. The court reverses, finding the trial court abused i
• Fla. Eurocars, Inc. v. T.J. Pecorak
  110 So. 3d 513· Fla. 4th DCA· 2013-04-03 ·cited 9×
  Florida Eurocars and its principal appealed a trial court's denial of their motion to vacate a default judgment entered against them. The Fourth District Court of Appeal reversed, holding that the defendants demonstrated sufficient due diligence in seeking relief from the default
• Danice Doganiero v. Doganiero
  106 So. 3d 75· Fla. 2d DCA· 2013-02-06 ·cited 9×
  In this consolidated divorce appeal, the Second District Court of Appeal affirmed most of the trial court's judgment dissolving a 17-year marriage but reversed the alimony award, finding that $100 per month durational alimony was woefully insufficient and an abuse of discretion,
• Alexander v. State
  103 So. 3d 953· Fla. 4th DCA· 2012-12-12 ·cited 9×
  The trial court committed reversible error by excluding testimony that could have impeached the reliability of the victim's identification of the defendant.
• Bauer v. State
  96 So. 3d 1063· Fla. 4th DCA· 2012-09-05 ·cited 9×
  Bruce Bauer appeals the revocation of his sex offender probation based on possession of adult pornographic DVDs. The Fourth District Court of Appeal reversed, holding that the state failed to present competent, substantial evidence that the DVDs were relevant to Bauer's deviant b
• D.R.R. v. State
  94 So. 3d 680· Fla. 4th DCA· 2012-08-15 ·cited 9×
  A juvenile appellate court reversed a trial court's commitment of a delinquent child to a high-risk detention facility, finding that the court failed to follow the mandatory analytical framework established by the Florida Supreme Court in E.A.R. v. State for departing from the De
• Leyritz v. State
  93 So. 3d 1156· Fla. 4th DCA· 2012-08-01 ·cited 9×
  The Florida Fourth District Court of Appeal reversed the trial court's cost assessment against a defendant who was acquitted of manslaughter charges but convicted of the lesser-included misdemeanor of driving under the influence. The court held that the trial court must specifica
• THI Holdings, LLC v. Shattuck
  93 So. 3d 419· Fla. 2d DCA· 2012-07-06 ·cited 9×
  THI Holdings sought a writ of certiorari to review a trial court's denial of its motion to admit out-of-state counsel Gabor Balassa pro hac vice. The appellate court held that the trial court applied incorrect law by considering alleged conflicts of interest—a factor not permitte
• Jacquelyn N. Young v. Becker & Poliakoff, P.A.
  88 So. 3d 1002· Fla. 4th DCA· 2012-05-23 ·cited 9×
  This case involves a legal malpractice and breach of fiduciary duty suit brought by a client against her law firm. The appellate court affirmed the trial court's decision to remit a jury's punitive damages award, finding the original amount excessive and potentially bankrupting t
• Asley Espute v. State
  85 So. 3d 532· Fla. 4th DCA· 2012-04-11 ·cited 9×
  Defendant Espute was convicted of aggravated battery and battery arising from a violent altercation. On appeal, he challenged the trial court's denial of his mistrial motion based on the prosecutor's improper comment on his right to remain silent. The Fourth District Court of App
• Jameca Munroe v. Mackenson R. Olibrice
  83 So. 3d 985· Fla. 4th DCA· 2012-03-28 ·cited 9×
  In this dissolution of marriage case, the Fourth District Court of Appeal reversed the trial court's time-sharing orders because the court failed to create a required parenting plan and failed to address parental responsibility, even though the court's best interests analysis was
• Drdek v. Drdek
  79 So. 3d 216· Fla. 4th DCA· 2012-02-15 ·cited 9×
  A successor judge or magistrate cannot overrule a prior judge's order on the merits, and the 'law of the case' doctrine does not apply to trial court proceedings absent an appellate remand.
• Perrone v. Frank
  80 So. 3d 402· Fla. 4th DCA· 2012-02-08 ·cited 9×
  The court held that the magistrate's findings were not supported by competent, substantial evidence, and thus the trial court abused its discretion in adopting the report and entering judgment.
• Bank OF Am., N.A. v. Lane
  76 So. 3d 1007· Fla. 1st DCA· 2011-11-30 ·cited 9×
  Bank of America appealed a trial court order vacating a default judgment against the Lanes based on excusable neglect. The court reversed because the trial court acted sua sponte without the defendants making the required evidentiary showing of excusable neglect, a meritorious de
• Harris v. John E.D. Grunow, Jr.
  71 So. 3d 186· Fla. 3d DCA· 2011-09-28 ·cited 9×
  The Harrises, defendants in a negligence suit brought by neighboring property owners Grunow and O.R. Golf over mangrove cutting, obtained a jury verdict in their favor. The trial court set aside the verdict and granted a new trial, but the appellate court reversed, finding no abu
• Rodriguez v. State
  77 So. 3d 649· Fla. 3d DCA· 2011-08-17 ·cited 9×
  The court held that the trial court did not abuse its discretion in finding the child-victim's hearsay statements reliable and admissible under section 90.803(23), Florida Statutes.
• Dewolfe v. State
  62 So. 3d 1142· Fla. 1st DCA· 2011-05-23 ·cited 9×
  Michele DeWolfe was convicted of felony petit theft for stealing air conditioners. The appellate court reversed and remanded for a new trial, holding that the trial court erred in excluding hearsay testimony about the deceased thief Bruce Ahlgren's confession to the crime, which
• United Auto. Ins. Co. v. The Est. OF Stephen D. Levine
  87 So. 3d 782· Fla. 3d DCA· 2011-03-30 ·cited 9×
  United Auto Insurance Company appeals a jury verdict finding it acted in bad faith in handling a personal injury protection claim following a fatal two-car collision. The Third District Court of Appeal affirmed the trial court's judgment, rejecting the insurer's arguments regardi
• THE Florida BAR v. Miroslaw Thomas Lobasz
  64 So. 3d 1167· Fla.· 2011-02-03 ·cited 9×·via Abuse Of Discretion Standard For Evidence Admission
  The Florida Supreme Court reviewed a referee's report recommending a three-year suspension for attorney Miroslaw Lobasz, who practiced law while suspended by appearing at an immigration hearing and subsequently advising a colleague on former clients' cases. The Court approved the
• Tripoli v. State
  50 So. 3d 776· Fla. 4th DCA· 2010-12-29 ·cited 9×·via Abuse Of Discretion Standard For Evidentiary Rulings
  Anthony Tripoli was convicted of sexual battery and lewd and lascivious conduct with an eight-year-old child. The Florida Fourth District Court of Appeal reversed his convictions because the trial court improperly admitted testimony about Tripoli's inappropriate physical contact
• RAO v. State
  52 So. 3d 40· Fla. 4th DCA· 2010-12-15 ·cited 9×
  Brendan Rao appeals his first-degree murder conviction, challenging the admission of evidence regarding satanic worship and gruesome photographs, and claiming prosecutorial misconduct through comments on his right to silence. The Fourth District Court of Appeal affirmed the convi
• Tarpon Springs Hosp. Found., Inc. v. Reth
  40 So. 3d 823· Fla. 2d DCA· 2010-07-09 ·cited 9×
  In this medical negligence case arising from a patient's death during surgery, the Florida Second District Court of Appeal held that while hospitals have a statutory duty to maintain an anesthesia department staffed with qualified personnel, they do not have a nondelegable duty t
• THE Florida BAR v. Shankman
  41 So. 3d 166· Fla.· 2010-07-08 ·cited 9×
  The Florida Bar brought a disciplinary action against attorney Richard Stuart Shankman for professional misconduct in his representation of a teenage client in a videotape case. The Florida Supreme Court affirmed findings of guilt on most counts, reversed on others, rejected the
• Biskie v. Biskie
  37 So. 3d 970· Fla. 1st DCA· 2010-06-21 ·cited 9×
  In this dissolution of marriage case, the appellate court reversed the trial court's denial of permanent periodic alimony to a 59-year-old wife married for 15 years and remanded for reconsideration. The court found the trial court abused its discretion by focusing solely on the h
• Mistretta v. Mistretta
  31 So. 3d 206· Fla. 1st DCA· 2010-02-18 ·cited 9×
  In a divorce dissolution case, the trial court granted the former husband's motion for rehearing to reconsider the valuation of a marital business asset, citing an unforeseen economic recession as justification. The appellate court reversed, holding that post-valuation economic c
• USAA Cas. Ins. Co. v. Allen
  17 So. 3d 1270· Fla. 4th DCA· 2009-09-23 ·cited 9×
  USAA Casualty Insurance Company appealed a jury verdict in favor of the plaintiffs in an automobile negligence case, challenging the trial court's evidentiary rulings and jury selection procedures. The Fourth District Court of Appeal affirmed the judgment, finding that two issues
• Harman v. State
  12 So. 3d 898· Fla. 2d DCA· 2009-07-01 ·cited 9×
  The trial court abused its discretion in denying the petition to expunge criminal records based solely on the seriousness of the charged offense and an unsubstantiated prior accusation of domestic violence.