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

• Ortiz v. State
  9 So. 3d 774· Fla. 4th DCA· 2009-06-03 ·cited 9×
  Tamara Ortiz appeals her conviction for organized fraud and driving with a revoked license, challenging the trial court's denial of her request to discharge appointed counsel and retain private counsel, and the sentencing as a habitual offender without a presentence investigation
• R.B. v. Dep't of Child. & Families
  997 So. 2d 1216· Fla. 5th DCA· 2008-12-30 ·cited 9×
  R.B. appeals the denial of her motion to set aside the voluntary surrender of her parental rights to her two children. The court affirmed, holding that the surrender was properly executed before a general master with authority to take acknowledgments, and that R.B. failed to prov
• BOX v. State
  993 So. 2d 135· Fla. 5th DCA· 2008-10-24 ·cited 9×
  Jerry Box appeals a restitution order imposed as part of his battery conviction sentence, arguing that hearsay evidence used at the restitution hearing violated his Sixth Amendment right to confrontation. The court holds that the Confrontation Clause does not apply to restitution
• Plana v. Sainz
  990 So. 2d 554· Fla. 3d DCA· 2008-06-18 ·cited 9×
  Elena and John Plana appealed a zero verdict in a personal injury action arising from a 2000 automobile accident, arguing they were entitled to recover expenses for diagnostic testing even if the jury found no causation. The Florida Third District Court of Appeal affirmed the zer
• Washington v. State
  985 So. 2d 51· Fla. 4th DCA· 2008-06-11 ·cited 9×
  Aaron Washington appeals his conviction for carjacking with a firearm and battery, challenging the trial court's exclusion of evidence that the victim had filed a false police report in an unrelated matter. The Fourth District affirms, holding that credibility may only be impeach
• BIG Lots Stores, Inc. v. de Diaz
  18 So. 3d 1065· Fla. 3d DCA· 2008-05-14 ·cited 9×
  Big Lots appeals a trial court's order granting a new trial on future damages and loss of consortium claims after a jury verdict in favor of Gloria de Diaz for a slip-and-fall injury. The appellate court affirms the new trial order and finds that undisputed evidence supported at
• State v. Wyon Dale Childers
  979 So. 2d 412· Fla. 1st DCA· 2008-04-23 ·cited 9×
  A trial court's restitution order denying a victim's claim for loss is not an abuse of discretion when supported by competent substantial evidence, even if the court credits a defense appraiser's testimony that the victim's loss resulted from poor business decisions rather than t
• Oliver v. State
  977 So. 2d 673· Fla. 5th DCA· 2008-02-29 ·cited 9×
  The court held that the evidence was sufficient to establish familial or custodial authority and that the trial court did not abuse its discretion in admitting certain testimony or denying a mistrial.
• Nenyé Egwuatu v. S. Lubes, Inc.
  976 So. 2d 50· Fla. 1st DCA· 2008-02-06 ·cited 9×
  Nenyé Egwuatu sought to represent a class of consumers in a deceptive trade practices claim against South Lubes, Inc. (operating as Jiffy Lube) and its president Ward Huntley, alleging they deceptively charged an environmental fee that appeared to be a tax. The appellate court af
• Richard A. Perryman, M.D. v. Jennifer and Tad Crawford
  968 So. 2d 83· Fla. 4th DCA· 2007-11-14 ·cited 9×
  The appellate court affirmed the trial court's order granting a new trial, finding no abuse of discretion.
• Blanco v. State
  963 So. 2d 173· Fla.· 2007-04-12 ·cited 9×
  Omar Blanco, a death row inmate, appealed the summary denial of his fourth motion for postconviction relief under Florida Rule of Criminal Procedure 3.850, raising 22 claims including challenges to fingerprint evidence, allegedly tainted physical evidence, and ineffective assista
• Suggs v. Sw. Fla. Water Mgmt. Dist.
  953 So. 2d 699· Fla. 5th DCA· 2007-04-05 ·cited 9×
  The Florida Fifth District Court of Appeal addressed whether a trial court erred in denying appellants' motion to modify a temporary injunction and remanding the case to the Southwest Florida Water Management District for an evidentiary hearing. The court affirmed the denial of t
• Wynn Drywall, Inc. v. Aequicap Program Administrators, Inc.
  953 So. 2d 28· Fla. 4th DCA· 2007-03-14 ·cited 9×
  The appellate court held that the trial court abused its discretion in denying the motion to transfer venue because the defendant sufficiently demonstrated that the convenience of parties and witnesses, and the interest of justice, favored transfer.
• Elisha v. State
  949 So. 2d 271· Fla. 4th DCA· 2007-02-07 ·cited 9×
  The court held that the trial court erred in denying motions for mistrial based on the prosecutor's inflammatory comments and the admission of the defendant's request for an attorney.
• Scarlett v. Elizabeth A. Ouellette, M.D.
  948 So. 2d 859· Fla. 3d DCA· 2007-01-31 ·cited 9×
  Scarlett appealed a defense verdict in a medical malpractice case arising from carpal tunnel surgery, challenging the trial court's evidentiary rulings that allowed the defendant's expert to testify about self-infliction and to use demonstrative photographs. The appellate court a
• Steele v. Steele
  945 So. 2d 601· Fla. 4th DCA· 2006-12-20 ·cited 9×
  Pre-marriage 401(k) contributions remain nonmarital assets and are not converted to marital property by minimal, de minimis transfers among investment options during the marriage that produce negligible impact on account value.
• Hurst v. State
  941 So. 2d 1252· Fla. 1st DCA· 2006-11-17 ·cited 9×
  A trial court does not abuse its discretion in finding a probation violation based on a failed curfew check when it credits the probation officer's testimony over the probationer's testimony regarding presence in the residence.
• Hutchinson v. Plantation BAY Apts., LLC
  931 So. 2d 957· Fla. 1st DCA· 2006-05-15 ·cited 9×
  Appellants John and Kathryn Hutchinson appealed the dismissal of their premises liability case against Plantation Bay Apartments with prejudice. The trial court dismissed the case based on fraud on the court, finding that appellants intentionally concealed material facts about Mr
• M.F. v. State
  920 So. 2d 1252· Fla. 2d DCA· 2006-02-24 ·cited 9×
  The appellate court held that the trial court abused its discretion by denying the defense's motion for a continuance, as defense counsel was not afforded adequate opportunity to prepare.
• Sussman v. Sussman
  915 So. 2d 281· Fla. 4th DCA· 2005-12-07 ·cited 9×
  In this 47-year marriage dissolution, the Fourth District Court of Appeal reversed the trial court's alimony award of $1,000 per month, finding that the wife had presented ample evidence of need for additional alimony and the husband had the ability to pay more. The court held th
• Med. Logistics, Inc. v. Marchines
  911 So. 2d 823· Fla. 1st DCA· 2005-08-29 ·cited 9×·via Abuse Of Discretion Standard For Evidentiary Rulings
  Medical Logistics and CNA Claimplus appealed a workers' compensation order awarding benefits to the claimant and denying their fraud defense. The court reversed because the compensation judge applied a blanket per se rule excluding surveillance evidence submitted slightly late, r
• Bare Necessities, Inc. v. Estrada
  902 So. 2d 184· Fla. 3d DCA· 2005-02-23 ·cited 9×
  Bare Necessities appealed a foreclosure judgment, arguing that its payment of all amounts due before receiving notice of acceleration precluded foreclosure. The Third District Court of Appeal affirmed the foreclosure judgment, holding that the trial court's factual determinations
• Dundas v. State
  891 So. 2d 1178· Fla. 2d DCA· 2005-02-02 ·cited 9×
  Scott Dundas appealed the revocation of his community control, challenging findings that he willfully violated conditions 8 and 10. The court affirmed the revocation based on the willful violation of condition 8 (committing another DWLSR offense), but reversed and remanded to req
• Ingrid Hernandez v. Feliciano
  890 So. 2d 401· Fla. 5th DCA· 2004-12-23 ·cited 9×
  Hernandez appeals a trial court's order granting a new trial after a jury verdict in her favor in a rear-end collision case. The appellate court reversed, finding the trial court abused its discretion by substituting its own judgment for the jury's on the liability issue and by i
• Smalley v. State
  889 So. 2d 100· Fla. 5th DCA· 2004-11-19 ·cited 9×
  Joshua Smalley appeals his second-degree murder conviction, challenging the sufficiency of evidence regarding his mental state, claiming prosecutorial misconduct violated a pre-trial ruling, and arguing that mandatory DNA collection under Florida law violates the Fourth Amendment
• Grizzard v. State
  881 So. 2d 673· Fla. 5th DCA· 2004-08-27 ·cited 9×
  Ronald Grizzard appeals the revocation of his probation and 30-year sentence imposed based on a nolo contendere conviction for driving with a suspended license. The court reversed, holding that while a nolo conviction can support probation revocation, the trial court erred in tre
• Baucham v. State
  881 So. 2d 95· Fla. 1st DCA· 2004-08-24 ·cited 9×
  A criminal defendant has a constitutional right to cross-examine prosecution witnesses regarding facts that tend to show bias, prejudice, or motive to be untruthful, even if those facts are not otherwise germane to the case, particularly where the testimony bears on the motive fo
• Perez v. State
  856 So. 2d 1074· Fla. 5th DCA· 2003-10-17 ·cited 9×
  Rafael Perez appeals his convictions for drug trafficking, delivery, and possession of heroin and cocaine following an undercover drug operation. The Fifth District Court of Appeal affirms all convictions, rejecting Perez's arguments regarding evidentiary rulings, discovery viola
• Nationwide Mut. Fire Ins. Co. v. Robinson
  851 So. 2d 888· Fla. 4th DCA· 2003-08-13 ·cited 9×
  Nationwide appeals multiple post-trial rulings in an underinsured motorist case, challenging sanctions, attorney's fees, and other judgments. The appellate court affirms the trial court's authority to sanction Nationwide for discovery violations but reverses the award of attorney
• Dieter Zikofsky v. Robby Vapor Sys., Inc.
  846 So. 2d 684· Fla. 4th DCA· 2003-06-04 ·cited 9×
  Zikofsky appealed a judgment awarding damages to Robby Vapor Systems, Inc., which had substituted as plaintiff in a settlement agreement enforcement case. The appellate court affirmed, rejecting Zikofsky's arguments that Robby Vapor Systems lacked standing, that discovery should
• Cousins Rest. Assocs. v. TGI Friday's, Inc.
  843 So. 2d 980· Fla. 4th DCA· 2003-04-30 ·cited 9×
  The court held that the trial court abused its discretion in denying the plaintiff's motion for leave to amend the complaint.
• Wells v. State
  807 So. 2d 206· Fla. 5th DCA· 2002-02-22 ·cited 9×
  Kim Wells appealed an order summarily denying her petition to expunge and seal criminal records under Florida law. The appellate court reversed and remanded because the trial court denied the petition without holding a hearing or providing any stated reason, despite Wells meeting
• Pappalardo v. Richfield Hospitality Servs., Inc.
  790 So. 2d 1226· Fla. 4th DCA· 2001-08-08 ·cited 9×
  The court held that the trial court abused its discretion in awarding attorney's fees and costs because the plaintiff's claims against the parent corporations were not so clearly devoid of merit as to be untenable.
• Kamhi v. Waterview Towers Condo. Ass'n, Inc.
  793 So. 2d 1033· Fla. 4th DCA· 2001-07-18 ·cited 9×·via Abuse Of Discretion Standard For Sanctions
  The court held that the trial court abused its discretion by imposing severe sanctions that prohibited the defendant from presenting evidence and by denying her request for a continuance to obtain legal representation.
• Smith v. State
  762 So. 2d 929· Fla. 4th DCA· 2000-05-03 ·cited 9×
  Henry Smith was convicted of armed robbery and aggravated assault based primarily on eyewitness identification from a December 1997 convenience store robbery. On appeal, Smith challenged the trial court's decision to proceed without a defense witness in state custody, its exclusi
• Stephenson v. Cobb
  763 So. 2d 1195· Fla. 4th DCA· 2000-01-26 ·cited 9×
  The court held that the admission of ambiguous prior accident evidence was not reversible error, and the jury's verdict on lost earning capacity was supported by sufficient evidence.
• Fugina v. Fugina
  749 So. 2d 570· Fla. 5th DCA· 2000-01-21 ·cited 9×
  The court held that the trial court erred in undervaluing the parties' business inventory, requiring a remand to adjust the equalization note.
• Walter Smithwick, III, M.D. v. Television 12 OF Jacksonville, Inc.
  730 So. 2d 795· Fla. 1st DCA· 1999-03-30 ·cited 9×
  A physician appealed trial court orders requiring him to return discovery documents to the court file and denying his request to seal or redact them. The appellate court affirmed, holding that documents removed from a court file remain judicial records subject to public access ru
• Spancrete, Inc. v. Ronald E. Frazier & Assocs., P.A.
  630 So. 2d 1197· Fla. 3d DCA· 1994-01-18 ·cited 9×·via Abuse Of Discretion In Dismissal
  Spancrete, a subcontractor on a construction project, sued architect Ronald E. Frazier & Associates for negligent supervision. The Florida Supreme Court's recent decision in Casa Clara confined the supervising architect duty of care recognized in A.R. Moyer strictly to its facts,
• Umstead v. Umstead
  620 So. 2d 1074· Fla. 2d DCA· 1993-06-23 ·cited 9×
  In this dissolution of marriage case, the appellate court affirmed the trial court's distribution of marital assets and award of permanent alimony to the former wife, but reversed the provision for automatic increases in alimony when the parties' children reach majority, finding
• Aurelian Smith, Jr. v. State
  614 So. 2d 525· Fla. 5th DCA· 1993-01-08 ·cited 9×
  Smith appealed the denial of his petition to seal criminal records related to an aggravated battery charge for which he received a withheld adjudication. The Florida appellate court affirmed the trial court's denial, holding that sealing records is within the trial court's sole d
• Fields v. State
  608 So. 2d 899· Fla. 1st DCA· 1992-11-10 ·cited 9×
  Ernest Fields was convicted of cocaine and marijuana possession with intent to sell. The First District Court of Appeal reversed his convictions because the trial court improperly excluded testimony regarding threats made by detectives before his arrest and statements made by det
• In re Dierschke v. O'Cheskey
  975 F.2d 181· 5th Cir.· 1992-10-19 ·cited 9×
  The court held that a willful failure to answer can be sufficient grounds to deny a motion to set aside a default, and that a party may be awarded attorney's fees even if not requested in the complaint if they had notice and an opportunity to be heard on the award.
• United States v. Joshua
  976 F.2d 844· 3d Cir.· 1992-10-05 ·cited 9×
  The court held that the district court did not abuse its discretion by denying severance of the felon-in-possession charge and that the application of the sentencing guidelines was proper, despite a subsequent clarifying amendment to the commentary.
• Schultz v. Hembree
  975 F.2d 572· 9th Cir.· 1992-06-19 ·cited 9×
  The dissenting judge argues that the majority incorrectly adopted a default rule for attorneys' fees in diversity cases, failing to properly apply Florida and Ohio law which require allocation of fees based on successful claims.
• Nicaise v. Gagnon
  597 So. 2d 305· Fla. 4th DCA· 1992-02-05 ·cited 9×·via Reasonableness Test For Abuse Of Discretion
  The trial court granted a renewed motion for a new trial after the jury returned a verdict for the plaintiff, finding that plaintiff's counsel made an impermissible implicit reference to insurance by instructing the jury not to worry whether the defendant would contribute money.
• Harman v. Lyphomed
  945 F.2d 969· 7th Cir.· 1991-10-09 ·cited 9×
  The court held that the district court's use of a staffing ratio to calculate the lodestar was an abuse of discretion, but its use of average hourly rates was not. The court also reversed the disallowance of computer-assisted research expenses.
• Eley v. Boeing Co.
  945 F.2d 276· 9th Cir.· 1991-09-19 ·cited 9×
  The court held that the district court applied the proper standard of review (abuse of discretion) and that the plan administrator's interpretation of 'diagnostic test' to include a Pap test did not clearly conflict with the plan's plain language.
• Okla. Aerotronics, Inc. v. United States
  943 F.2d 1344· D.C. Cir.· 1991-09-13 ·cited 9×
  Under EAJA, an award of attorney's fees need not include interest to be considered reasonable, even when payment is delayed; instead, courts may enhance fees to compensate for unusual delay by adjusting for inflation or using other methods within their discretion. EAJA's special-
• Kittinger v. Kittinger
  582 So. 2d 139· Fla. 5th DCA· 1991-07-03 ·cited 9×
  In this dissolution of marriage appeal, the Fifth District Court of Appeal affirmed the trial court's award of permanent periodic alimony to the wife but reversed the distribution of the husband's inherited 50% interest in real property, holding that inherited assets are non-mari