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

• Spano v. State
  60 So. 3d 1108· Fla. 4th DCA· 2011-05-04 ·cited 8×
  A special condition of probation prohibiting contact with one's daughter is an abuse of discretion if it is not reasonably related to rehabilitation or future criminality.
• Roussonicolos v. State
  59 So. 3d 238· Fla. 4th DCA· 2011-03-30 ·cited 8×·via Abuse Of Discretion Standard For Evidentiary Rulings
  The trial court reversibly erred in ruling that a co-defendant's prior sworn testimony, which tended to exonerate the defendant, was inadmissible hearsay.
• Stallworth v. State
  53 So. 3d 1163· Fla. 1st DCA· 2011-02-07 ·cited 8×
  Frederick Stallworth appealed his drug trafficking conviction, challenging the trial court's allowance of extensive questioning of a defense witness (his uncle) about the specific details of his prior felony convictions. The First District Court of Appeal reversed, holding that o
• Ilkhani v. Al Lamberti
  50 So. 3d 1180· Fla. 4th DCA· 2010-12-15 ·cited 8×
  The court held that the Sheriff's Office is required to certify the dates a prisoner was at liberty on bond after sentencing and the dates the prisoner was in county jail custody prior to being returned to the Department of Corrections.
• Elizardo Rivero and M.A. Cruz Irizarry v. Romildo Meister
  46 So. 3d 1161· Fla. 4th DCA· 2010-11-03 ·cited 8×
  The Fourth District Court of Appeal reversed sanctions imposed against defendants' attorneys for failing to appear at trial, holding that the trial court's finding of mere negligence was insufficient under Moakley v. Smallwood, which requires an express finding of bad faith condu
• Lewis v. SUN Time Corp.
  47 So. 3d 872· Fla. 3d DCA· 2010-10-20 ·cited 8×·via Abuse Of Discretion Standard For Evidence Admission
  Sandra Lewis appeals from a jury verdict in favor of defendants after she fell on rain-soaked terrazzo steps at a hotel. The sole issue on appeal is whether the trial court erred in admitting evidence that there had been no prior falls at the location since the building opened in
• City OF Sunny Isles Beach v. Temple B'Nai Zion, Inc.
  43 So. 3d 904· Fla. 3d DCA· 2010-09-08 ·cited 8×
  The trial court abused its discretion by issuing a de facto injunctive order that failed to comply with the legal requirements of Rule 1.610 of the Florida Rules of Civil Procedure.
• Neilson Smith v. State
  38 So. 3d 871· Fla. 4th DCA· 2010-06-23 ·cited 8×
  A defendant convicted of first-degree felony murder and armed robbery challenged the trial court's restriction on cross-examination of a cooperating accomplice witness. The appellate court affirmed, holding that the trial court did not abuse its discretion in sustaining an object
• Bivins v. State
  35 So. 3d 67· Fla. 1st DCA· 2010-05-06 ·cited 8×
  Edward Bivins challenges an order barring him from filing pro se papers regarding his conviction and sentence. The Florida First District Court of Appeal reverses the trial court's order, finding that prohibiting a pro se litigant from filing further motions based on only a singl
• Weatherly v. Louis
  31 So. 3d 803· Fla. 3d DCA· 2009-12-02 ·cited 8×
  When conflicting evidence is presented at trial, a trial court does not abuse its discretion in denying a motion for new trial based on manifest weight of evidence, as the jury is the proper arbiter of conflicting evidence's weight.
• Concetta Rafanello v. Bode
  21 So. 3d 867· Fla. 4th DCA· 2009-10-28 ·cited 8×
  In this dissolution of marriage case, the Fourth District Court of Appeal reversed and remanded the trial court's equitable distribution of a marital home, holding that while the trial court properly rejected the wife's claim that her labor and funds increased the home's value, i
• Rich v. State
  18 So. 3d 1227· Fla. 4th DCA· 2009-10-07 ·cited 8×
  The trial court's admission of testimony and argument regarding the defendant's use of a racial slur, while erroneous, constituted harmless error because it did not contribute to the verdict.
• Alsfield v. State
  22 So. 3d 619· Fla. 4th DCA· 2009-09-30 ·cited 8×
  The court held that the trial court erred in admitting testimony of a prior alleged victim because the state failed to prove by clear and convincing evidence that the prior act occurred.
• Williams v. Miami-Dade Cnty. Pub. Health Tr.
  17 So. 3d 859· Fla. 3d DCA· 2009-09-02 ·cited 8×
  Mary Williams appealed a trial court's dismissal of her medical malpractice complaint based on fraud upon the court. The appellate court affirmed the dismissal, finding that Williams intentionally failed to disclose material information during discovery in a scheme designed to in
• Depelisi v. Wishner
  15 So. 3d 808· Fla. 4th DCA· 2009-07-22 ·cited 8×·via Gross Abuse Of Discretion
  A successor judge erred by denying a motion to vacate dismissal without conducting an evidentiary hearing to determine if the plaintiff's counsel received notice of the hearings, despite a sworn affidavit rebutting the presumption of notice.
• Quincoces v. Quincoces
  10 So. 3d 657· Fla. 3d DCA· 2009-04-08 ·cited 8×
  The appellate court affirmed the trial court's order denying the mother's motion for contempt, finding no abuse of discretion.
• Nicholson v. State
  10 So. 3d 142· Fla. 4th DCA· 2009-03-25 ·cited 8×
  The appellate court affirmed a conviction for first-degree murder, holding that the trial court did not err in admitting evidence of a prior domestic dispute as "Williams rule" testimony. This evidence was deemed relevant to establish motive and intent, despite its prejudicial na
• Commodity Futures Trading Comm'n v. Levy
  541 F.3d 1102· 11th Cir.· 2008-08-29 ·cited 8×
  Jay M. Levy, an Associated Person at a commodity futures firm, was found liable for solicitation fraud under Section 4c(b) of the Commodity Exchange Act for making misrepresentations to customers about profit potential and risks of commodity options trading. The district court im
• Hill v. Greyhound Lines, Inc.
  988 So. 2d 1250· Fla. 1st DCA· 2008-08-29 ·cited 8×
  The court held that the judge of compensation claims abused his discretion by dismissing the claimant's petitions with prejudice as a sanction for violating mediation confidentiality.
• Kerzner Int'l Resorts, Inc. v. Leane Raines and Warren Raines
  983 So. 2d 750· Fla. 3d DCA· 2008-06-11 ·cited 8×
  Kerzner International Resorts appeals the trial court's denial of its motion to dismiss based on forum non conveniens. The court reversed, holding that the Bahamas is a more appropriate forum for a personal injury suit arising from an accident at a Kerzner resort in the Bahamas,
• Strassner v. Strassner
  982 So. 2d 1224· Fla. 1st DCA· 2008-05-27 ·cited 8×
  The former wife appealed an order modifying child support and denying her contempt motion against her former husband. The trial court imputed income to the former wife to calculate retroactive child support arrearages that entirely offset the former husband's alimony obligation.
• Munroe v. State
  983 So. 2d 637· Fla. 4th DCA· 2008-05-14 ·cited 8×
  Joyce Munroe appealed her conviction for trafficking in over 400 grams of cocaine, challenging prosecutorial comments about her silence when cocaine was discovered in her bag at the airport. The Fourth District Court of Appeal reversed and remanded for a new trial, finding that t
• Bethesda Mem'l Hosp., Inc. v. Judie Laska
  977 So. 2d 804· Fla. 4th DCA· 2008-04-09 ·cited 8×·via Gross Abuse Of Discretion
  A hospital appealed a trial court's decision to vacate a clerk's default judgment based on excusable neglect. The appellate court affirmed, holding that when a trial court finds excusable neglect in vacating a default, reversal requires a showing of gross abuse of discretion—a hi
• Kane v. State
  975 So. 2d 1277· Fla. 4th DCA· 2008-03-19 ·cited 8×
  Robert Kane appeals his convictions for sexual battery on his biological daughter, challenging the trial court's admission of nude photographs he took of the victim and testimony about molestation of the victim's younger sister. The appellate court affirmed, holding that the phot
• Bennett v. State
  971 So. 2d 196· Fla. 1st DCA· 2007-12-31 ·cited 8×
  Henry Bennett appeals his convictions for attempted sexual battery, sexual battery, and lewd and lascivious molestation of a 12-year-old girl with learning disabilities. The appeal challenges the trial court's finding that the child victim was competent to testify and contests th
• Niger R. Sanchez v. Hernandez
  971 So. 2d 944· Fla. 3d DCA· 2007-12-26 ·cited 8×
  Niger Sanchez appealed a jury verdict in a personal injury case arising from a motor vehicle accident. The Florida appellate court affirmed the jury's awards for economic damages and liability but reversed the grossly inadequate non-economic damages award of $701.21, remanding fo
• NRD Invs., Inc. v. Velazquez
  976 So. 2d 1· Fla. 3d DCA· 2007-12-05 ·cited 8×
  NRD Investments appealed a trial court's temporary injunction requiring it to restore a tenant's office to pre-construction condition. The appellate court affirmed, finding that the tenant Dr. Velazquez met all requirements for injunctive relief and that the trial court properly
• Saturnino Esteban v. State
  967 So. 2d 1095· Fla. 4th DCA· 2007-11-14 ·cited 8×
  Saturnino Esteban appeals his conviction for sexual battery and false imprisonment, challenging the trial court's exclusion of evidence that the victim was a prostitute and the admission of hearsay testimony that the victim knew her attacker. The appellate court affirms, holding
• Captain Papadopoulos v. Cruise Ventures Three Corp.
  974 So. 2d 418· Fla. 3d DCA· 2007-09-19 ·cited 8×
  Captain Papadopoulos, a seaman, appealed the dismissal of his negligence action arising from injuries allegedly sustained during a severe storm at sea. The trial court dismissed the case based on fraud on the court due to Papadopoulos' material misrepresentations and omissions du
• State v. Williams
  963 So. 2d 281· Fla. 4th DCA· 2007-08-01 ·cited 8×
  Florida appealed a downward departure sentence imposed by the trial court for a defendant convicted of felony driving while license revoked as a habitual offender. The appellate court held that the trial court erred in granting the downward departure because no competent evidence
• Vitt v. Rodriguez
  960 So. 2d 47· Fla. 5th DCA· 2007-06-15 ·cited 8×
  This case addresses whether past due child support payments should first be applied to accrued interest or to the principal amount of the debt. The appellate court held that payments must first satisfy current child support, then accrued interest, and finally the principal amount
• Fisher v. Prof'l Advertising Directors Co., Inc.
  955 So. 2d 78· Fla. 4th DCA· 2007-04-11 ·cited 8×
  In this breach of contract case involving non-compete and independent contractor agreements, the Fourth District Court of Appeal reversed the trial court's striking of the defendant's answer as a sanction for discovery misconduct, finding the sanction was an abuse of discretion a
• Lehman v. Dep't OF Revenue o/b/o Joanne Lehman
  946 So. 2d 1116· Fla. 4th DCA· 2006-12-13 ·cited 8×
  John Lehman appealed the denial of his motion to vacate a contempt order for child support arrearages, arguing the court improperly calculated arrears by including support for emancipated children. The Fourth District reversed, holding that the child support order was allocated p
• Coverdale v. State
  940 So. 2d 558· Fla. 2d DCA· 2006-10-27 ·cited 8×
  Keith Coverdale was convicted of aggravated stalking in violation of Florida law after allegedly violating a domestic violence injunction by repeatedly contacting his ex-partner. The appellate court reversed and remanded for a new trial, finding that the trial court abused its di
• Zbigniew-Jacob Litwinczuk, M.D. v. Palm Beach Cardiovascular Clinic, L.C.
  939 So. 2d 268· Fla. 4th DCA· 2006-10-18 ·cited 8×
  Dr. Litwinczuk appeals a temporary injunction enforcing a non-competition covenant that prohibited him from practicing cardiology within a reduced geographical area of Palm Beach County for two years after leaving his employer. The court affirmed the injunction, finding the clini
• Bryon Reddick v. State
  937 So. 2d 1279· Fla. 4th DCA· 2006-10-04 ·cited 8×
  Bryon Reddick was convicted of cocaine trafficking and cannabis possession after a jury trial. On appeal, the Fourth District Court of Appeal reversed and remanded because the trial court improperly denied Reddick's motions to proceed pro se by focusing on his competence rather t
• WEG Industrias, S.A. v. Compania de Seguros Generales Granai
  937 So. 2d 248· Fla. 3d DCA· 2006-09-06 ·cited 8×
  A Brazilian manufacturer and a Florida distributor appealed the trial court's denial of their forum non conveniens motion in a dispute over a damaged generator that originated in Brazil, was transshipped through Florida, and was destined for Guatemala. The Third District Court of
• van Epps v. Hartzell
  934 So. 2d 590· Fla. 5th DCA· 2006-07-21 ·cited 8×
  A former wife appeals an order clarifying visitation rights and awarding attorney's fees in a post-divorce modification proceeding. The appellate court affirmed the clarification of the visitation schedule but reversed the attorney's fee award because the trial court failed to ma
• Myers v. State
  931 So. 2d 1069· Fla. 4th DCA· 2006-07-05 ·cited 8×
  The court held that the trial court abused its discretion in finding a willful and substantial violation of probation because the state failed to prove the violation was willful.
• Rodgers v. State
  934 So. 2d 1207· Fla.· 2006-06-29 ·cited 8×
  Jeremiah Martel Rodgers appeals his conviction and death sentence for the murder of Jennifer Robinson. The Florida Supreme Court affirmed the conviction based on Rodgers' guilty plea but reversed the death sentence and ordered a new penalty phase, finding that the trial court err
• Kirkland's Stores, Inc. v. Felicetty
  931 So. 2d 1013· Fla. 4th DCA· 2006-06-07 ·cited 8×
  The court held that the trial judge did not abuse discretion by entering a default on liability against the defendant.
• Kiefer v. State
  909 So. 2d 572· Fla. 5th DCA· 2005-09-02 ·cited 8×
  The court affirmed the restitution order, holding that while the trial court erred in arbitrarily applying a depreciation rate without sufficient evidence, the State failed to preserve this issue for appeal.
• Morris v. State
  909 So. 2d 428· Fla. 5th DCA· 2005-08-19 ·cited 8×
  Morris appeals his no contest pleas to sexual battery and burglary, challenging his defense counsel's failure to advise him that the burglary charge was barred by statute of limitations, arguing the burglary conviction should be vacated, and contesting a DNA testing probation con
• Cruz v. Domenech
  905 So. 2d 938· Fla. 3d DCA· 2005-06-15 ·cited 8×
  Aileen Cruz appealed an order denying her motion to alter or amend final judgment and a contempt finding in a custody modification case. The Florida appellate court affirmed the trial court's award of ultimate decision-making authority to the father over the child's educational a
• Gibbs v. State
  904 So. 2d 432· Fla. 4th DCA· 2005-02-23 ·cited 8×
  Charlie Gibbs appeals his second degree murder conviction for shooting Debra Baker during a confrontation at her home. The Fourth District Court of Appeal affirms, rejecting arguments that the state failed to prove the depraved mind element, that prosecutorial misconduct occurred
• Patton v. Kera Tech., Inc.
  895 So. 2d 1175· Fla. 5th DCA· 2005-02-18 ·cited 8×
  The Fifth District Court of Appeal affirmed a trial court's dismissal of a civil action for failure to prosecute under Florida Rule of Civil Procedure 1.420(e), rejecting appellants' arguments that the dismissal was premature and that improper service of the motion to dismiss req
• Horvath v. Horvath
  893 So. 2d 649· Fla. 4th DCA· 2005-02-16 ·cited 8×
  This case addresses whether a trial court abused its discretion in awarding the marital home to the husband in a divorce, requiring him to pay the wife an equalization payment. The appellate court affirmed the trial court's decision, finding it did not abuse its discretion by pri
• Residential Plaza AT Blue Lagoon, Inc. v. Agency for Health Care Admin.
  891 So. 2d 604· Fla. 1st DCA· 2005-01-24 ·cited 8×·via Abuse Of Agency Discretion
  RPBL, an assisted living facility holding an extended congregate care (ECC) license, appealed AHCA's denial of its ECC license renewal based on a Class II violation from a 2001 survey. The court reversed, holding that the statute did not mandate automatic denial of ECC renewal fo
• Reed v. State
  883 So. 2d 387· Fla. 4th DCA· 2004-09-29 ·cited 8×
  George Reed was convicted of aggravated fleeing and eluding, leaving the scene of an accident, resisting without violence, and driving without a valid driver's license. He appealed claiming the trial court improperly admitted evidence of ski masks and gloves found in and near his
• Clark v. State
  881 So. 2d 724· Fla. 1st DCA· 2004-09-15 ·cited 8×
  Clark appeals his conviction for robbery, challenging the trial court's refusal to grant a mistrial after a witness testified, under oath and on two separate occasions, that defense counsel had attempted to prevent her from bringing audit records to trial and had lied to her repe