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

• Stout v. Elliott Prussel
  691 F.2d 859· 9th Cir.· 1982-08-30 ·cited 9×
  The court held that the bankruptcy judge did not abuse his discretion in determining that the obligation to hold a spouse harmless from an SBA loan was a dischargeable property settlement, not support.
• United States v. Golden
  671 F.2d 369· 10th Cir.· 1982-02-08 ·cited 9×·via Abuse Of Discretion Standard For Evidentiary Rulings
  The court held that there was sufficient evidence to support the conviction and that the trial court did not err in admitting hearsay or physical evidence, nor in failing to admonish the jury.
• Regency Highland Assocs. v. Regency Highland Condo. Ass'n, Inc.
  405 So. 2d 788· Fla. 4th DCA· 1981-11-12 ·cited 9×
  The court held that a trial court improperly grants relief to a non-party by enforcing a stipulation after denying a motion to intervene post-judgment. The court affirmed the denial of intervention but reversed the order enforcing the stipulation.
• Al Weiner v. Weiner
  403 So. 2d 408· Fla.· 1981-07-23 ·cited 9×
  The court held that the district court improperly substituted its judgment for the trial court's regarding the award of periodic alimony.
• In re McDONNELL-Douglas Corp.
  647 F.2d 515· 5th Cir.· 1981-05-29 ·cited 9×
  The court held that the district court did not abuse its discretion in denying the motion to transfer venue, and thus denied the petition for a writ of mandamus.
• Nesbitt v. Auto-Owners Ins. Co.
  390 So. 2d 1209· Fla. 5th DCA· 1980-11-12 ·cited 9×
  In this negligence case, the Florida appellate court reversed the trial judge's grant of a new trial, holding that jury instructions and a special verdict form properly explained the statutory definition of 'intentional' tortfeasor conduct under Florida's contribution statute by
• Lothar Geyer v. Vargas Prods., Inc.
  627 F.2d 732· 5th Cir.· 1980-10-10 ·cited 9×
  The court held that personal jurisdiction over Vargas was proper under Florida's long-arm statute and that the remittitur was not an abuse of discretion, but the award of prejudgment interest was improper as it was not submitted to the jury.
• In re Jackson Brewing Co. v. Herpel
  624 F.2d 599· 5th Cir.· 1980-08-21 ·cited 9×
  The court held that the District Court did not abuse its discretion in approving the compromise between the Trustee and American Can in the corporate reorganization of Jackson Brewing Company.
• In re Multiponics v. Multiponics
  622 F.2d 731· 5th Cir.· 1980-07-16 ·cited 9×
  The court held that the district court did not abuse its discretion in awarding attorneys' fees, considering factors such as the necessity of services, the results obtained, and the potential for cost savings.
• Fed. Deposit Ins. Corp. v. Hanrahan
  612 F.2d 1051· 7th Cir.· 1980-01-14 ·cited 9×
  The court held that the wife's motion to intervene was untimely and she lacked the requisite interest in the bond proceeds, thus affirming the denial of her motion.
• Proietti v. Civiletti
  603 F.2d 88· 9th Cir.· 1979-08-23 ·cited 9×
  The Attorney General abused his discretion in refusing to certify that Sergeant Proietti was acting within the scope of his employment, entitling him to government representation.
• Dade Cnty. v. Georgiana Carucci
  349 So. 2d 734· Fla. 3d DCA· 1977-08-23 ·cited 9×
  The court held that the trial court abused its discretion in granting a new trial based on admitting the defendant's prior driving record.
• Nat'l CAR Rental Sys., Inc. v. Better Monkey Grip Co. & Wilco Truck Rental, Inc.
  511 F.2d 724· 5th Cir.· 1975-04-21 ·cited 9×
  The court held that the district court erred in granting a judgment notwithstanding the verdict because it failed to apply the correct legal standard and improperly substituted its judgment for the jury's findings.
• Young v. Pyle
  193 So. 2d 659· Fla. 1st DCA· 1967-01-12 ·cited 9×
  In this negligence action, the trial court reinstated a case that had been dismissed for want of prosecution under Florida Statutes § 45.19(1) after the plaintiff demonstrated good cause. The appellate court affirmed the reinstatement, holding that the defendant's dilatory tactic
• Schuler v. Walter
  24 Fla. Supp. 116· Duval Cty. Cir. Ct.· 1965-01-04 ·cited 9×·via Gross Abuse Of Discretion
  In this declaratory judgment action, a Florida circuit court found that Duval County's tax assessor had systematically and deliberately underassessed real and personal property at approximately 41.64% of just value since 1941, in violation of the state constitution and statutes.
• Pasha Evans v. Roth
  168 So. 2d 546· Fla. 3d DCA· 1964-11-03 ·cited 9×
  Appellants, plaintiffs in a personal injury action, appealed an adverse jury verdict, arguing the trial court erred by denying a directed verdict on liability and refusing to grant a new trial based on allegations of racial prejudice in the courtroom and jury room. The appellate
• Case v. Calbeck
  304 F.2d 198· 5th Cir.· 1962-06-20 ·cited 9×
  An order of the deputy commissioner rejecting an application for review under Sec. 922 is a compensation order within the meaning of the Act, and an action to suspend or set it aside is within the jurisdiction of the district court.
• Charles v. United States
  215 F.2d 831· 9th Cir.· 1954-09-24 ·cited 9×
  The court held that the trial court did not abuse its discretion in refusing to exclude corroborative witnesses and that the evidence was sufficient to sustain the conviction based on the prima facie evidence provision of the statute.
• Bridges v. United States
  184 F.2d 881· 9th Cir.· 1950-08-24 ·cited 9×
  Where an appeal presents a substantial and debatable question of law, bail pending appeal becomes a matter of right, not discretion, and may be revoked only if the defendant has committed a recognizable crime, poses a genuine flight risk, or has failed to prosecute the appeal dil
• Guevara v. Lafise Corp.
  127 F.4th 824· 11th Cir.· 2025-01-30 ·cited 8×
  The court held that genuine disputes of material fact exist regarding the plaintiff's regular and overtime pay rates, precluding summary judgment on his FLSA overtime claim. The court also vacated the district court's determination on joint employer status due to insufficient rea
• Foot & Ankle Ctr. of Fla., LLC v. Vargas
  412 So. 3d 825· Fla. 6th DCA· 2024-04-19 ·cited 8×
  Foot & Ankle Center of Florida appeals a judgment against it in a consumer collection practices case, challenging the trial court's award of a contingency fee multiplier to the prevailing plaintiff. The appellate court reverses the multiplier award, finding insufficient evidence
• Emergency Recovery, Inc. v. Hufnagle
  77 F.4th 1317· 11th Cir.· 2023-08-14 ·cited 8×
  The Court held that a motion to alter or amend a voluntary dismissal order under Rule 41(a)(2) is a proper Rule 59(e) motion, thus tolling the time to appeal, and that the district court erred in finding otherwise.
• Delgado v. Miller
  290 So. 3d 484· Fla. 3d DCA· 2023-02-22 ·cited 8×
  A successor judge cannot be disqualified on the basis of adverse factual findings or rulings made following an evidentiary hearing, and the record must clearly refute the judge's denial of disqualification to warrant prohibition. The judge's characterization of the mother as "his
• Acrylicon USA, LLC v. Silikal GMBH
  46 F.4th 1317· 11th Cir.· 2022-08-29 ·cited 8×
  The court held that the district court erred in re-entering a permanent injunction without proper findings and in awarding nearly full attorney's fees after significant relief was reversed.
• Sakowitz v. Waterside Townhomes Cmty. Ass'n, Inc.
  338 So. 3d 26· Fla. 3d DCA· 2022-03-09 ·cited 8×
  Robert Sakowitz appeals an order enforcing a settlement agreement between himself and the Waterside Townhomes Community Association in a RICO lawsuit. Sakowitz argued the settlement agreement lacked mutuality and that the Association's acceptance occurred after an unreasonable de
• Cordis Corp. v. Johnson-Williams
  Fla. 3d DCA· 2021-07-14 ·cited 8×
  Cordis Corporation appealed a trial court's denial of its motion to dismiss a product liability suit on forum non conveniens grounds. The plaintiff, a Texas resident, sued Cordis, a Florida corporation, over injuries allegedly caused by a defective Cordis IVC Filter. The appellat
• Ditanna v. Edwards
  323 So. 3d 194· Fla. 4th DCA· 2021-06-30 ·cited 8×
  Appellant appeals a final judgment of injunction for protection against domestic violence, arguing he had legitimate purposes in reporting the appellee's conduct to authorities and third parties, and that the injunction violates his First Amendment rights. The appellate court par
• United States v. Oral Roger Russell
  994 F.3d 1230· 11th Cir.· 2021-04-15 ·cited 8×
  The Eleventh Circuit held that the district court's denial of a sentence reduction under the First Step Act was ambiguous and vacated the decision, remanding for further proceedings.
• Hawn v. State
  300 So. 3d 238· Fla. 4th DCA· 2020-07-22 ·cited 8×·via Abuse Of Discretion Standard For Evidentiary Rulings
  A trial court abuses its discretion by excluding negative impeachment evidence where a witness's prior statement omits material, significant facts that would naturally have been asserted when initially disclosing the alleged crime, and such error is not harmless when the witness'
• Michael v. Drish v. Linda SUE BOS
  298 So. 3d 722· Fla. 2d DCA· 2020-07-08 ·cited 8×
  The appellate court reversed a summary judgment, finding the trial court abused its discretion by denying the plaintiff's motion to amend his complaint. The court emphasized a liberal standard for amendments, especially before a summary judgment hearing.
• United States v. Mikel Clotaire
  963 F.3d 1288· 11th Cir.· 2020-06-30 ·cited 8×
  The court held that ATM surveillance photos, even if extracted or processed for clarity, are admissible business records and not testimonial hearsay, and that limitations on cross-examination and admission of certain emails were proper.
• Otto Hans van Maerssen v. Gerdts
  295 So. 3d 819· Fla. 4th DCA· 2020-05-06 ·cited 8×
  Husband appeals the trial court's final judgment of dissolution of marriage, challenging the equitable distribution of marital assets, the award of permanent periodic alimony, and the requirement to secure alimony with life insurance. The appellate court reverses on three issues
• Bryan v. Wheels
  295 So. 3d 889· Fla. 1st DCA· 2020-05-01 ·cited 8×
  The appellate court reversed a trial court's decision to modify a timesharing agreement, finding insufficient evidence to support the modification. The court held that the mother's relocation back to Florida, by itself, did not constitute a substantial, material, and unanticipate
• THE Graham Cos. v. Amado
  305 So. 3d 572· Fla. 3d DCA· 2020-04-15 ·cited 8×
  The appellate court affirmed a final judgment for the plaintiff, Jason Amado, against the landlord, The Graham Companies. The court held that the trial court did not err in denying the landlord's motion for a directed verdict or its motion for a new trial, finding sufficient evid
• Meyers v. Meyers
  295 So. 3d 1207· Fla. 2d DCA· 2020-03-06 ·cited 8×
  The appellate court affirmed in part and reversed in part a trial court's judgment modifying a timesharing arrangement and awarding sole parental responsibility for education. The court found sufficient evidence of domestic violence to warrant a modification of timesharing but re
• Vella v. Salaues
  290 So. 3d 946· Fla. 3d DCA· 2019-10-16 ·cited 8×
  The appellate court affirmed a summary final judgment for the property owners, finding no abuse of discretion in denying the injured worker's motion to amend his complaint or for a continuance for further discovery. The court held that the proposed amendment was futile and untime
• Jefferson Eugene Davis v. Gilchrist Cnty. Sheriff's Off.
  280 So. 3d 524· Fla. 1st DCA· 2019-09-25 ·cited 8×
  The RPO statute does not require proof of serious or recurring mental illness; instead, a court may issue an RPO based on threatening and erratic behavior demonstrating mental or emotional instability. The trial court's findings of fact were supported by clear and convincing evid
• Dunn v. Dunn
  277 So. 3d 1081· Fla. 5th DCA· 2019-07-12 ·cited 8×
  The appellate court reversed a lower court's decision to drastically reduce permanent alimony. The court found the reduction to be an abuse of discretion, as it failed to consider the marital standard of living and made errors in calculating retroactive payments.
• Ramesh Gudur v. Kavitha Gudur
  277 So. 3d 687· Fla. 2d DCA· 2019-06-28 ·cited 8×
  The trial court abused its discretion by requiring the former husband to wait indefinitely for his $190,000 share of the former wife's medical building interest and erred in allocating all marital student loan debt to the former husband based on lack of benefit rather than proper
• Racquel Schot v. Schot
  273 So. 3d 48· Fla. 4th DCA· 2019-05-29 ·cited 8×
  The wife appeals a supplemental final judgment modifying a parenting plan following the parties' 2015 divorce. The court affirmed modifications granting the husband equal timesharing and ultimate decision-making authority for healthcare and education, but reversed additional modi
• Troike v. Troike
  271 So. 3d 1069· Fla. 3d DCA· 2019-01-30 ·cited 8×
  The trial court did not abuse its discretion in ordering temporary child support and alimony totaling $3,351 monthly, as this amount was less than forty percent of the husband's income. However, the court abused its discretion in awarding $28,275.28 in the wife's attorney's fees
• Hogle v. State
  250 So. 3d 178· Fla. 1st DCA· 2018-06-18 ·cited 8×
  Jon Hogle was convicted of lewd or lascivious exhibition after exposing himself to a thirteen-year-old girl on a beach. He appealed challenging the admission of evidence regarding his post-incident conduct, arguing prosecutorial misconduct during closing statements, and contestin
• Shan C Davis v. State
  244 So. 3d 374· Fla. 4th DCA· 2018-04-18 ·cited 8×
  Absent circumstances showing that fair market value does not adequately compensate the victim or serve the purposes of restitution, a trial court must determine restitution for property damage through evidence of fair market value at the time of the loss, not through repair estim
• Romilio F. Marques, M.D. v. Garcia
  245 So. 3d 900· Fla. 3d DCA· 2018-04-18 ·cited 8×
  Medical malpractice defendants appealed a trial court's denial of their motions to transfer venue from Miami-Dade County to Collier County. The Florida District Court of Appeal, Third District affirmed, holding that defendants failed to meet their burden of establishing substanti
• Tennyson v. State
  254 So. 3d 510· Fla. 3d DCA· 2018-04-11 ·cited 8×
  Kenny Tennyson appeals his first-degree murder, armed robbery, and conspiracy convictions, claiming the trial court abused its discretion by denying his request to recross-examine witness Frank Reinstrom for impeachment purposes and alleging a Giglio violation based on false test
• Liukkonen v. Bayview Loan Servicing LLC
  243 So. 3d 981· Fla. 4th DCA· 2018-03-28 ·cited 8×
  Appellant Joanne Liukkonen appealed a foreclosure judgment, arguing that appellee Bayview Loan Servicing violated the best evidence rule by introducing only copies of loan modifications without explanation. The Fourth District Court of Appeal affirmed the judgment, holding that l
• R.J. Reynolds Tobacco Co. v. Evers
  232 So. 3d 457· Fla. 2d DCA· 2017-09-15 ·cited 8×
  R.J. Reynolds appeals a judgment in a wrongful death action brought by the personal representative of an Engle class member who died of lung cancer. The court affirms the judgment, holding that the pre-1999 version of Florida's punitive damages statute applies to Engle-progeny ca
• Peterson Baltazare Simbert v. State
  226 So. 3d 883· Fla. 4th DCA· 2017-08-23 ·cited 8×
  The Fourth District Court of Appeal reversed Peterson Simbert's conviction on one count of lewd or lascivious battery after the state amended the charging information mid-trial to allege digital rather than oral penetration. The court held that the amendment changed an essential
• Dev D. Dabas and Sumedha Dabas v. Boston Invs. Grp., Inc.
  231 So. 3d 542· Fla. 3d DCA· 2017-08-02 ·cited 8×
  The Dabases, as lenders who foreclosed on property and obtained a deficiency judgment, appealed the trial court's order setting aside the deficiency judgment as void under Florida Rule of Civil Procedure 1.540(b)(4). The Third District reversed, holding that the deficiency judgme
• Transcapital Bank v. Shadowbrook AT Vero, LLC
  226 So. 3d 856· Fla. 4th DCA· 2017-07-26 ·cited 8×
  The Fourth District Court of Appeal reversed a trial court's grant of a new trial and directed entry of judgment in favor of the seller (Transcapital Bank) on the buyer's fraud and conversion/civil theft claims. The court held that under the doctrine of caveat emptor applicable t