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

• 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
• Perez v. State
  884 So. 2d 306· Fla. 2d DCA· 2004-08-20 ·cited 8×
  The court held that the trial court improperly modified probation by extending it without proof of a willful and substantial violation, thus lacking jurisdiction for subsequent revocation.
• Murphy v. Martha C. Hurst, M.D.
  881 So. 2d 1157· Fla. 5th DCA· 2004-08-06 ·cited 8×
  April Murphy appealed a medical malpractice judgment, contending she was entitled to a new trial because the trial court denied her mid-trial motion to strike a juror who had been treated years earlier by a doctor affiliated with one of the defendant medical groups. The appellate
• KFC USA, Inc. v. Depew
  879 So. 2d 55· Fla. 5th DCA· 2004-07-09 ·cited 8×
  KFC USA appeals a trial court's denial of its motion to set aside a default judgment entered in a personal injury case. The appellate court reversed, holding that KFC demonstrated both excusable neglect and a meritorious defense, warranting vacation of the default under Florida's
• In the Interest of J.A.H. v. Dep't of Child. & Fam. Servs.
  876 So. 2d 647· Fla. 2d DCA· 2004-06-18 ·cited 8×
  The court held that a mother's omission to supervise her child during an incident of abuse by a third party constituted neglect, supporting dependency, but that dependency for a sibling without evidence of witnessing the abuse or a nexus to potential harm was unsupported.
• Scott v. Sims
  874 So. 2d 21· Fla. 1st DCA· 2004-04-28 ·cited 8×
  In this negligence action arising from a vehicular accident, the trial court granted a motion for new trial on all issues—liability and all damages—after the jury returned a verdict awarding some damages but denying others. The appellate court affirmed, finding no abuse of discre
• State Farm Fire & Cas. Co. v. Levine
  875 So. 2d 663· Fla. 3d DCA· 2004-04-14 ·cited 8×
  State Farm appeals the trial court's denial of its motion for new trial following a $615,000 jury verdict in an automobile accident case, alleging that a juror failed to disclose a prior fatal accident. The court affirms, finding State Farm failed to develop the record on remand
• Seabury v. Cheminova, Inc.
  868 So. 2d 625· Fla. 2d DCA· 2004-03-12 ·cited 8×
  Plaintiffs appealed dismissal of their state court class action for lack of prosecution under Florida Rule of Civil Procedure 1.420(e). The court rejected their argument that prosecution of a related federal action (Rink v. Cheminova) constituted good cause to avoid dismissal, ho
• Taylor v. State
  870 So. 2d 72· Fla. 2d DCA· 2003-11-14 ·cited 8×
  Billy Ray Taylor appealed the denial of his motion to withdraw his guilty plea, which was filed before sentencing. The Florida District Court of Appeal reversed, finding that the trial judge engaged in coercive plea negotiations by initiating the plea discussion, implying harsher
• Rollins, Inc. v. Butland
  852 So. 2d 895· Fla. 2d DCA· 2003-08-06 ·cited 8×
  Rollins, Inc. and Orkin Exterminating Company appealed a trial court order certifying a class action brought by consumers alleging fraud, theft, and forgery. The appellate court reversed because the trial court's certification order lacked the required factual and legal findings
• Matthews v. Davis E. Chaffee
  849 So. 2d 483· Fla. 2d DCA· 2003-07-18 ·cited 8×
  Thomas B. Matthews appeals the dismissal of his amended complaint for failing to comply with a ten-day filing deadline set by the trial court. The court reverses and remands because the dismissal order, though a severe sanction, lacked an explicit finding of willful noncompliance
• Curry v. State
  839 So. 2d 887· Fla. 3d DCA· 2003-03-12 ·cited 8×
  Robert Eugene Curry was convicted of sexual battery on a minor based partly on testimony about a news report of his arrest for unrelated sexual conduct with high school students, which allegedly prompted the victim to disclose the decades-old abuse. The appellate court reversed,
• Damren v. State
  838 So. 2d 512· Fla.· 2003-01-23 ·cited 8×
  Floyd Damren, a death row inmate, appealed the denial of his Rule 3.851 postconviction motion and filed a habeas corpus petition challenging his conviction for first-degree murder and death sentence. The Florida Supreme Court affirmed the trial court's denial of postconviction re
• Williams v. State
  834 So. 2d 923· Fla. 3d DCA· 2003-01-15 ·cited 8×
  The trial court abused its discretion in preventing defense counsel from eliciting that an eyewitness was expelled from the police explorers, but the error was harmless. The admission of a photograph of the victim in military dress was proper as relevant identification evidence a
• Rudolph v. State
  832 So. 2d 826· Fla. 3d DCA· 2002-11-13 ·cited 8×
  The court held that the trial judge did not abuse discretion in finding an attorney guilty of direct criminal contempt for violating a court order and engaging in misconduct.
• Tobias v. State
  828 So. 2d 1066· Fla. 4th DCA· 2002-10-23 ·cited 8×
  The court held that a finding of guilt for a probation violation cannot be based solely on hearsay evidence.
• Veronica L. Robinson and Stephanie v. Robinson
  828 So. 2d 478· Fla. 2d DCA· 2002-10-18 ·cited 8×
  In a motor vehicle negligence case, the jury awarded Bucci $10,000 in damages and found him 90% negligent, determining he suffered no permanent injury. The trial court granted Bucci's motion for new trial based on the verdict being against the manifest weight of the evidence and
• Rosado v. Bieluch
  827 So. 2d 1115· Fla. 4th DCA· 2002-10-16 ·cited 8×·via Gross Abuse Of Discretion
  The court held that the offer of judgment statute does not apply to civil forfeiture actions because they are in rem proceedings, not civil actions for damages.
• Meyers v. The Club AT Crystal Beach Club, Inc.
  826 So. 2d 1086· Fla. 5th DCA· 2002-10-04 ·cited 8×
  Neil Meyers and his son Jared appealed a trial court's denial of their motion to dissolve a temporary injunction and the vacation of a stipulation in a corporate dispute involving timeshare companies. The Florida Fifth District Court of Appeal affirmed both orders, finding no abu
• Melton v. State
  824 So. 2d 948· Fla. 1st DCA· 2002-07-31 ·cited 8×·via Abuse Of Discretion Standard For Expert Testimony
  Cornelius Melton appealed his conviction for possession of cocaine with intent to sell while armed, challenging the denial of his motion for judgment of acquittal and the admission of expert testimony regarding typical drug possession amounts. The First District Court of Appeal a
• Sheen v. THE Time Inc. Magazine Co. & John Sims
  817 So. 2d 974· Fla. 3d DCA· 2002-05-29 ·cited 8×
  Sheen appeals the trial court's dismissal of his defamation action for lack of prosecution under Florida Rule of Civil Procedure 1.420(e). The court held that Sheen's failure to show good cause at the dismissal hearing, combined with requests for admission filed in bad faith with
• D.M. v. J.D.M
  814 So. 2d 1112· Fla. 4th DCA· 2002-04-03 ·cited 8×
  The court affirmed the trial court's resolution of health care expenses but disagreed with the former wife's entitlement to the full amount of attorney's fees she incurred in enforcing the settlement agreement, as the agreement tied fees to default, not simply prevailing.
• Arndt v. State
  815 So. 2d 674· Fla. 5th DCA· 2002-03-28 ·cited 8×
  Conrad Arndt appeals the revocation of his two-year probation term for allegedly committing battery in violation of his probation conditions. The court affirmed the revocation, holding that the trial court properly relied on a combination of hearsay testimony and direct evidence
• Perez v. State
  801 So. 2d 1001· Fla. 4th DCA· 2001-12-19 ·cited 8×
  The court held that the trial court did not abuse its discretion in revoking probation and imposing sentence based on the evidence presented.
• KPMG Peat Marwick, L.L.P. v. Barner
  771 So. 2d 56· Fla. 2d DCA· 2000-10-06 ·cited 8×
  The court held that the trial court's class certification order must be reversed because it failed to comply with procedural rules requiring findings of fact and conclusions of law.
• GAY v. Beary
  758 So. 2d 1242· Fla. 5th DCA· 2000-05-26 ·cited 8×
  Carole Gay appealed the denial of attorney's fees in a civil forfeiture proceeding after the Sheriff voluntarily dismissed the case. The Sheriff cross-appealed an award of interest. The court affirmed both rulings, holding that attorney's fees are awardable even when a forfeiture
• Anich Indus., Inc. v. Raney
  751 So. 2d 767· Fla. 5th DCA· 2000-03-03 ·cited 8×
  Anich Industries appealed the denial of a temporary injunction against former employee Raney, who violated a non-compete agreement by joining a competitor within three months of employment. The court affirmed the denial, holding that Anich failed to demonstrate any protectable le
• Creme v. State
  752 So. 2d 1238· Fla. 3d DCA· 2000-03-01 ·cited 8×
  Florida appellate court affirmed drug convictions but reversed sentences to correct the written sentencing order to match the trial court's oral pronouncement.
• Vargas v. State
  751 So. 2d 665· Fla. 3d DCA· 2000-01-12 ·cited 8×·via Abuse Of Discretion Standard For Evidentiary Rulings
  The court affirmed convictions for first-degree murder and armed robbery but reversed the burglary conviction, finding no abuse of discretion in the admission of photographs.
• Jones v. State
  745 So. 2d 1121· Fla. 5th DCA· 1999-12-10 ·cited 8×
  Milton Jones appeals his conviction for resisting an officer with violence and revocation of probation after the trial court denied his motion to reopen his case to testify. The court reversed, holding that the trial court abused its discretion in refusing Jones's timely request
• Jarvis v. Tenet Health Sys. Hosp., Inc.
  743 So. 2d 1218· Fla. 4th DCA· 1999-11-17 ·cited 8×
  In this medical malpractice case, the jury found the hospital 1% negligent and an ambulance service 99% negligent, awarding over $10 million in damages. The trial court granted additur and remittitur, then ordered a new trial on both liability and damages when the additur was rej
• Microclimate Sales Co., Inc. v. Doherty
  731 So. 2d 856· Fla. 5th DCA· 1999-05-14 ·cited 8×
  Microclimate Sales appealed a trial court's bifurcation of a patent license infringement case, challenging the separation of the melting point determination from other liability and damages issues. The Fifth District Court of Appeal affirmed the bifurcation, holding that the tria
• Hutchinson v. State
  731 So. 2d 812· Fla. 5th DCA· 1999-04-30 ·cited 8×
  Michael Hutchinson, a juvenile, appeals his convictions for crimes committed during a ten-hour crime spree in January 1996, challenging the trial court's consolidation of four separate cases involving a home invasion, shooting at a trailer, burglary, and attempted murder of a pol
• Whites v. State
  730 So. 2d 762· Fla. 5th DCA· 1999-03-19 ·cited 8×
  The trial court did not abuse its discretion by denying a continuance or mistrial despite a discovery violation, as the violation was inadvertent, not substantial, and did not result in prejudice to the defendant.
• Lemuel L. Cole v. Dep't OF Corr.
  726 So. 2d 854· Fla. 4th DCA· 1999-02-10 ·cited 8×
  An inmate appealed the dismissal of his malicious prosecution complaint for lack of prosecution. The court reversed, holding that the inmate's letter to the judge requesting a hearing constituted sufficient record activity to prevent dismissal under Florida Rule of Civil Procedur
• Thomas v. State
  725 So. 2d 1171· Fla. 5th DCA· 1998-12-18 ·cited 8×
  Larry Thomas appeals his conviction for firearm-related crimes, armed burglary, and robbery. While the court rejects his arguments regarding a judgment of acquittal and witness prejudice, it expresses concern about the trial court's denial of defense counsel's motion to withdraw
• Hodgson v. State
  718 So. 2d 330· Fla. 4th DCA· 1998-09-16 ·cited 8×
  Appellant Hodgson appealed his conviction and sentence, challenging the trial court's failure to sua sponte undertake a competency investigation after he withdrew his guilty plea and elected to stand trial. The Florida Fourth District Court of Appeal affirmed, holding that the tr
• Jonsson v. Jonsson
  715 So. 2d 1064· Fla. 5th DCA· 1998-07-31 ·cited 8×
  The appellate court affirmed the trial court's judgment, finding no abuse of discretion in the equitable distribution of assets or the award of alimony and attorney's fees.
• Clough v. Christopher
  711 So. 2d 610· Fla. 5th DCA· 1998-05-15 ·cited 8×
  Clough appeals from a trial court order granting a new trial to the plaintiffs in a personal injury action. The trial judge found that the jury's verdict—that Christopher caused his own injuries—was against the manifest weight of the evidence. The appellate court affirmed, applyi
• D.B. v. Dept. OF Children AND Families
  742 So. 2d 275· Fla. 1st DCA· 1998-03-24 ·cited 8×
  A mother challenged the termination of her parental rights to her twin sons, arguing the underlying dependency order was deficient and that the trial court abused its discretion by denying her continuance request to testify. The Florida First District Court of Appeal affirmed, ho
• Girtman v. Iva Hauck Girtman
  693 So. 2d 631· Fla. 2d DCA· 1997-04-04 ·cited 8×
  In this divorce appeal, the former husband challenges the trial court's division of marital assets, award of permanent alimony, and custody determination. The appellate court affirmed all aspects of the final judgment of dissolution, finding no abuse of discretion by the trial co
• Smith v. State
  690 So. 2d 733· Fla. 4th DCA· 1997-04-02 ·cited 8×
  Florida appellate court reversed probation revocation based on change of residence because the sole evidence was inadmissible hearsay from a family member, but affirmed the attempted burglary violation and remanded for the trial court to determine whether revocation remains appro
• Mastromonico v. Mastromonico
  685 So. 2d 74· Fla. 1st DCA· 1996-12-20 ·cited 8×
  In this alimony modification appeal, the First District Court of Appeal reversed a trial court's reduction of permanent periodic alimony from $750 to $200 per month, finding the reduction was an abuse of discretion despite the husband's substantial income decrease. The court held
• Bontrager v. State
  678 So. 2d 518· Fla. 1st DCA· 1996-08-28 ·cited 8×
• Adamson v. Chavis
  672 So. 2d 624· Fla. 1st DCA· 1996-04-26 ·cited 8×
  A Florida appellate court reversed a trial court's restrictive visitation schedule for a father living in Ohio, finding that the schedule impermissibly applied the abolished "tender years doctrine" by limiting overnight and extended visitation based solely on the child's infancy
• Shipman v. State
  668 So. 2d 313· Fla. 4th DCA· 1996-02-21 ·cited 8×
  Roland Shipman appeals his conviction for sexual battery with a firearm against a twelve-year-old girl, challenging the trial court's admission of similar fact evidence from a sexual assault committed fourteen years earlier against another twelve-year-old girl in a similar famili
• Bd. OF Trs. OF the Internal Improvement Tr. Fund & Fla. Dep't of Env't Prot. v. Levy
  656 So. 2d 1359· Fla. 1st DCA· 1995-06-27 ·cited 8×·via Abuse Of Agency Discretion
  The Board of Trustees and Department of Environmental Protection appealed a hearing officer's decision voiding a rule limiting residential dock extensions to 500 feet in aquatic preserves as arbitrary. The appellate court reversed, holding that the Trustees provided a rational ba
• Webb v. Gov E. Webb
  659 So. 2d 336· Fla. 1st DCA· 1995-04-11 ·cited 8×
  Where the parties enjoyed a lavish lifestyle during marriage, the former husband's income increased significantly since the final judgment, and the former wife needs the original alimony amount to maintain the marital standard of living while the former husband can easily continu