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

• Vancelette v. Boulan S. Beach Condo. Ass'n, Inc.
  229 So. 3d 398· Fla. 3d DCA· 2017-06-21 ·cited 8×
  Rachel Vancelette appeals summary judgments in her personal injury case arising from a fall on an unmarked curb at a sidewalk access ramp. The court affirmed the dismissals of all seven defendants, holding that the Slavin doctrine relieved the construction and design defendants o
• Kovalsky v. State
  220 So. 3d 1192· Fla. 4th DCA· 2017-05-31 ·cited 8×
  Brian Kovalsky appeals the trial court's denial of his motion for downward departure in a child pornography case. The appellate court reversed, finding the trial court erred at step one of the downward departure analysis by incorrectly concluding that Avoidant Personality Disorde
• Hooker v. Hooker
  220 So. 3d 397· Fla.· 2017-03-30 ·cited 8×
  The Florida Supreme Court resolved a conflict among district courts regarding the proper standard of review for trial court findings on whether property constitutes an interspousal gift in divorce proceedings. The court held that appellate courts must apply the "competent, substa
• Otto Hans van Maerssen v. Gerdts
  213 So. 3d 952· Fla. 4th DCA· 2017-03-22 ·cited 8×
  In a family law dissolution case, the Fourth District Court of Appeal reversed and remanded a trial court's award of $6,500 per month in temporary undifferentiated spousal and child support, finding the award potentially exceeded the husband's ability to pay and the wife's establ
• ALL Cntys. Surplus LLC v. Flamingo S. Beach I Condo. Ass'n, Inc.
  211 So. 3d 1096· Fla. 3d DCA· 2017-02-15 ·cited 8×
  The court held that surplus foreclosure sale funds must be distributed to the original owners according to statute, and that the purchasers' objections to the sale were properly denied.
• Dawnmarie Loftis v. Loftis
  208 So. 3d 824· Fla. 5th DCA· 2017-01-13 ·cited 8×
  The appellate court held that the trial court did not abuse its discretion in denying the former wife's motion to reopen the case to present evidence of her recent unemployment.
• Rolle v. State
  215 So. 3d 75· Fla. 3d DCA· 2016-10-13 ·cited 8×
  Andrew Rolle appeals his convictions for first degree murder, attempted first degree murder, and attempted second degree murder, arguing the trial court abused its discretion regarding detective testimony, evidentiary rulings, and cross-examination limitations. The Florida Third
• Finkel v. Yarielsi Batista and Rodney Sanchez
  202 So. 3d 913· Fla. 3d DCA· 2016-10-05 ·cited 8×
  Defendants appealed a trial court's order granting a new trial to plaintiffs despite a jury verdict awarding no damages. The appellate court reversed, holding that exceptions to the general rule requiring recovery of diagnostic testing expenses applied, the jury verdict was suffi
• Valcarcel v. State
  201 So. 3d 795· Fla. 4th DCA· 2016-10-05 ·cited 8×
  The trial court abused its discretion by summarily denying a motion to continue a sentencing hearing without adequate inquiry or findings, thereby arbitrarily denying the appellant's constitutional right to counsel of choice.
• United States v. Wilchcombe
  838 F.3d 1179· 11th Cir.· 2016-10-04 ·cited 8×
  The MDLEA does not violate the Due Process Clause by failing to require a nexus between defendants and the United States, as the statute explicitly applies even to acts committed outside U.S. territorial jurisdiction. A foreign nation's consent to U.S. jurisdiction over a vessel
• Jordan v. Jordan
  199 So. 3d 343· Fla. 4th DCA· 2016-08-03 ·cited 8×
  In this second appeal of a divorce dissolution, the former husband challenged the amended final judgment on multiple grounds. The appellate court affirmed most issues but reversed on three specific matters: the treatment of vehicle lease turn-in fees as marital liabilities, the f
• Wells Fargo Bank v. Voorhees
  194 So. 3d 448· Fla. 2d DCA· 2016-05-13 ·cited 8×
  The trial court abused its discretion by failing to grant relief from technical admissions when the record contradicted them and the opposing party failed to show prejudice.
• Richards v. Crowder
  191 So. 3d 524· Fla. 4th DCA· 2016-05-10 ·cited 8×
  John Richards appealed a trial court's summary denial of his motion for relief from judgment in a stalking injunction case. The Fourth District Court of Appeal reversed, holding that Richards's motion and supporting affidavits stated a colorable entitlement to relief requiring an
• Musson v. State
  184 So. 3d 575· Fla. 2d DCA· 2016-01-22 ·cited 8×
  Vanessa Musson was convicted of multiple crimes including kidnapping, but the appellate court reversed her kidnapping conviction due to the trial court's improper exclusion of a defense witness's testimony that would have impeached the credibility of the State's key witness by sh
• Italo Funiciello v. State
  179 So. 3d 388· Fla. 5th DCA· 2015-11-06 ·cited 8×
  Italo Funiciello appeals his convictions for two counts of lewd or lascivious battery. The Fifth District Court of Appeal reversed, holding that the trial court reversibly erred by refusing to instruct the jury on the permissive lesser-included offense of unnatural and lascivious
• Calkins v. State
  170 So. 3d 888· Fla. 4th DCA· 2015-07-22 ·cited 8×
  The court held that the trial court erred in denying the defendant's request for a self-defense jury instruction, as the request was timely and supported by some evidence.
• Residential Mortg. Servicing Corp. v. Winterlakes Prop. Owners Ass'n, Inc.
  169 So. 3d 253· Fla. 4th DCA· 2015-07-08 ·cited 8×
  A third-party purchaser of foreclosed property appeals a trial judge's order vacating a prior order directing issuance of a certificate of title. The appellate court reverses, finding that the judge violated due process by vacating the sale without notice to or opportunity for th
• Gmac Mortg., LLC v. Whiddon
  164 So. 3d 97· Fla. 1st DCA· 2015-05-07 ·cited 8×
  GMAC Mortgage filed a second foreclosure action against the Whiddons based on the same default dates from a previously dismissed 2010 foreclosure action. The trial court dismissed the second action with prejudice, cancelled the mortgage and note, and barred GMAC from refiling. Th
• Lorant v. Whitney Nat'l Bank
  162 So. 3d 244· Fla. 1st DCA· 2015-02-24 ·cited 8×
  The Florida First District Court of Appeal reversed a trial court's order that corrected a final deficiency judgment under Rule 1.540(a), holding that modifying the judgment to clarify defendants' status constituted a substantive change rather than a clerical correction, and ther
• Brown v. Brown
  149 So. 3d 108· Fla. 1st DCA· 2014-09-10 ·cited 8×
  This appeal concerns whether joint and pay-on-death (POD) deposit accounts held by a deceased woman should be included in her estate and distributed equally among her six children. The appellate court affirmed the lower court's decision regarding the joint accounts but reversed a
• Bartow HMA, LLC v. Kirkland
  146 So. 3d 1213· Fla. 2d DCA· 2014-09-03 ·cited 8×·via Abuse Of Discretion Standard For Fee Awards
  Bartow HMA appeals a trial court's award of $23,761 in attorney's fees as a discovery sanction. The court reversed the $21,252 appellate fee portion because the trial court lacked jurisdiction to award appellate fees without authorization from the appellate court, but affirmed th
• Kevan Boyles v. A & G Concrete Pools, Inc.
  149 So. 3d 39· Fla. 4th DCA· 2014-07-02 ·cited 8×·via Abuse Of Discretion Standard For New Trial Motions
  In a personal injury case arising from a rear-end motor vehicle accident, the Fourth District affirmed a jury verdict for the defendants despite the plaintiff's claims that the court erred in admitting defense expert testimony regarding surgical necessity and in denying his motio
• Martine LiFLEUR v. Webster
  138 So. 3d 570· Fla. 3d DCA· 2014-05-07 ·cited 8×
  LiFleur appeals the trial court's denial of her motion to terminate a temporary custody order that had been entered when she was arrested in 2009. The appellate court reversed, holding that the father's long-term incarceration rendered the 2010 Temporary Order unenforceable and t
• Brighton v. State
  141 So. 3d 579· Fla. 4th DCA· 2014-04-16 ·cited 8×
  Jacob Brighton, age 16, was convicted of two counts of first-degree murder for shooting his parents. The Fourth District Court of Appeal affirmed the convictions but reversed the mandatory life sentence, holding that Miller v. Alabama requires individualized sentencing considerat
• J.B. v. State
  166 So. 3d 813· Fla. 4th DCA· 2014-03-05 ·cited 8×
  A juvenile was adjudicated delinquent for petit theft based on inadmissible hearsay testimony from a store security officer relaying a co-worker's statement about the theft, and a confession form not signed by the juvenile. The appellate court reversed, holding the hearsay was im
• Katz Deli OF Aventura, Inc. v. Waterways Plaza, LLC
  183 So. 3d 374· Fla. 3d DCA· 2013-11-27 ·cited 8×
  Katz Deli sued its landlord Waterways Plaza for breach of contract and constructive eviction after the landlord failed to repair a defective roof, causing water damage that forced the deli to close. The court affirmed an award of prospective lost profits through the initial lease
• Hedstrom v. Hedstrom
  123 So. 3d 150· Fla. 5th DCA· 2013-10-18 ·cited 8×
  Former Husband appeals a trial court's modification of permanent alimony obligations, arguing the reduced amount exceeds his ability to pay and should have been applied retroactively to when his income first decreased. The appellate court affirmed the modification amount but reve
• Faddis v. The City OF Homestead
  121 So. 3d 1134· Fla. 3d DCA· 2013-09-04 ·cited 8×
  The trial court did not abuse its discretion by striking the plaintiff's pleadings and entering a final judgment for the defendants.
• Felton v. State
  120 So. 3d 126· Fla. 4th DCA· 2013-08-14 ·cited 8×·via Abuse Of Discretion Standard For Evidentiary Rulings
  The Fourth District Court of Appeal reversed Felton's robbery and battery convictions, holding that the trial court erred by allowing the prosecution to call a witness (Catherine Fields) solely for the purpose of impeaching her with a prior inconsistent statement that she had rep
• Herman v. Intracoastal Cardiology Ctr.
  121 So. 3d 583· Fla. 4th DCA· 2013-08-07 ·cited 8×
  Edward Herman appealed the dismissal of his wrongful death medical malpractice lawsuit on grounds of fraud upon the court. The trial court found that Herman committed fraud by providing false testimony about his deceased wife's pre-surgery condition and by concealing a personal d
• Jeffers v. Therese Gail McLEARY
  118 So. 3d 287· Fla. 4th DCA· 2013-07-31 ·cited 8×
  Father appealed a paternity judgment that established a time-sharing schedule without his participation after he failed to appear at a hearing. The Fourth District Court of Appeal reversed, holding that trial courts must hear evidence from both parents before setting time-sharing
• Fla. Diversified Films, Inc. v. Simon Roofing & Sheet Metal Corp.
  118 So. 3d 240· Fla. 3d DCA· 2013-07-17 ·cited 8×
  Florida Diversified Films appeals the trial court's denial of attorney's fees based on its proposal for settlement to Simon Roofing. The appellate court affirms the denial, finding that FDF failed to disclose a material change in its damages claim (destruction of business) when s
• J.D. v. Fla. Dep't of Child. & Families
  114 So. 3d 1127· Fla. 1st DCA· 2013-06-24 ·cited 8×
  J.D. appealed DCF's denial of her request for an exemption from disqualification due to felony convictions for drug possession and child abuse. Although the court found DCF erred in rejecting the ALJ's factual findings of rehabilitation, it affirmed the denial because DCF properl
• Castro v. The Charter Club, Inc.
  114 So. 3d 1055· Fla. 3d DCA· 2013-06-05 ·cited 8×
  The Castro family challenged a foreclosure judgment entered against them on a condominium mortgage, arguing that the service of process was defective. The Third District Court of Appeal reversed the trial court's denial of their motion to vacate, holding that the association fail
• Johnson v. State
  112 So. 3d 564· Fla. 4th DCA· 2013-04-10 ·cited 8×
  The court held that the trial court did not abuse its discretion in admitting evidence of a prior robbery as collateral crime evidence because it was sufficiently similar, relevant, and not unduly prejudicial.
• Giambrone v. State
  109 So. 3d 1279· Fla. 1st DCA· 2013-04-04 ·cited 8×
  The court held that a probationer's failure to pay a monetary obligation as a condition of probation cannot lead to revocation without a finding that the failure was willful, requiring proof of ability to pay and purposeful non-payment.
• Bernardo Kopel v. Kopel
  117 So. 3d 1147· Fla. 3d DCA· 2013-03-20 ·cited 8×
  Leon Kopel sued his brother Enrique and nephew Bernardo over a $5 million family investment in Florida real estate, claiming it was a loan and asserting unjust enrichment. The appellate court reversed the $14 million judgment, holding that Leon's amended complaint stating new cla
• Corbett v. State
  113 So. 3d 965· Fla. 2d DCA· 2013-02-27 ·cited 8×
  Darren Corbett appealed his convictions for kidnapping and robbery with a deadly weapon, challenging the admission of Williams rule evidence concerning similar crimes against a different victim and a misspelling of the victim's name in the information. The court affirmed his conv
• Williams v. Osking
  105 So. 3d 653· Fla. 4th DCA· 2013-01-30 ·cited 8×
  The trial court did not abuse its discretion in denying the motion to strike the jury panel because the individual, sequestered examination of each juror was adequate to ensure a fair and impartial jury.
• Lanadieal N. Ashe v. State
  106 So. 3d 956· Fla. 4th DCA· 2013-01-16 ·cited 8×
  Ashe appeals the trial court's denial of her post-conviction motion and an order barring all future pro se filings. The Fourth District affirmed the denial of post-conviction relief as untimely and successive but directed the trial court to allow her one limited pro se filing to
• Sabatini v. Wigh
  98 So. 3d 244· Fla. 1st DCA· 2012-10-03 ·cited 8×
  A former wife was found in civil contempt for unilaterally enrolling their child in a Palm Coast school without consulting the former husband, in violation of a shared parental responsibility order requiring joint decision-making on education. The appellate court affirmed the con
• Tricam Indus., Inc. v. Coba
  100 So. 3d 105· Fla. 3d DCA· 2012-08-29 ·cited 8×
  In a wrongfall death case stemming from a ladder collapse, the jury returned a verdict finding no design defect but finding the defendants negligent. The Third District Court of Appeal reversed, holding the verdict was fundamentally inconsistent because all evidence of negligence
• Gascue v. HSBC Bank
  97 So. 3d 263· Fla. 4th DCA· 2012-08-29 ·cited 8×
  A borrower challenged a foreclosure judgment entered by summary judgment when her attorney failed to appear at the hearing. The court reversed, finding excusable neglect and a meritorious defense based on the lender's lack of standing, and remanded for an evidentiary hearing on t
• Melehan v. State
  126 So. 3d 1118· Fla. 4th DCA· 2012-06-06 ·cited 8×
  Patrick Melehan appealed his jury conviction for manslaughter and burglary with assault or battery in the death of C.L., who died from a metal rod impaled in his head during an altercation with Melehan. The Fourth District Court of Appeal reversed and remanded for a new trial, fi
• Markinsey Metayer v. State
  89 So. 3d 1003· Fla. 4th DCA· 2012-05-23 ·cited 8×
  Markinsey Metayer was convicted of first-degree murder in a triple shooting that killed Adam Jacobs and wounded two others. The appellate court reversed his conviction because the trial court abused its discretion in admitting evidence of a .40 caliber pistol and .45 caliber ammu
• A.L.G. v. J.F.D.
  85 So. 3d 527· Fla. 2d DCA· 2012-04-04 ·cited 8×
  In this paternity case, the trial court found that the unmarried parents' child lacked continuity and stability from the existing rotating time-sharing schedule and that the child's best interests required primary time with the mother, yet ordered an alternating six-week schedule
• Beach Cmty. Bank v. First Brownsville Co.
  85 So. 3d 1119· Fla. 1st DCA· 2012-03-14 ·cited 8×
  The court held that the trial court abused its discretion by arbitrarily rejecting uncontroverted expert testimony regarding the fair market value of the property when denying a motion for deficiency judgment.
• Morrison Mgmt. Specialists/Xchanging Integrated Servs. Grp., Inc. v. Pierre
  77 So. 3d 662· Fla. 1st DCA· 2011-10-12 ·cited 8×
  The First District Court of Appeal reversed a workers' compensation fee award of approximately $62,500 because the Judge of Compensation Claims failed to resolve factual disputes regarding whether the employer/carrier had good cause to excuse its four-day late filing of a respons
• Erdman v. Bloch
  65 So. 3d 62· Fla. 5th DCA· 2011-06-03 ·cited 8×
  Plaintiffs appealed the dismissal of their medical malpractice complaint for failing to disclose an expert witness by the court-ordered deadline. The Florida District Court of Appeal reversed, holding that the trial court failed to make required findings under the Kozel test befo
• Knowlan Dawson v. Wachovia Bank, N.A.
  61 So. 3d 1218· Fla. 3d DCA· 2011-05-18 ·cited 8×
  Knowlan Dawson appealed the trial court's denial of his motions to vacate a foreclosure sale and strike the final judgment of foreclosure on commercial property. Dawson defaulted on a mortgage with Wachovia Bank, entered into a forbearance agreement which he later breached, and r