Abuse Of Discretion (Standard Of Review)

12,337 Florida cases classified under this topic, plus 1,658 listed through its narrower topics · sorted by citation count · see the citation graph · browse and sort

• 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
• Pauley v. Pauley
  652 So. 2d 488· Fla. 4th DCA· 1995-03-29 ·cited 8×
  In this Florida dissolution action, the appellate court reviewed the trial court's alimony award and support obligations regarding health insurance and life insurance premiums. The court affirmed the permanent periodic alimony award but partially reversed the health insurance pro
• Yakob Dennis v. State
  649 So. 2d 263· Fla. 5th DCA· 1994-12-30 ·cited 8×
  Yakob Dennis appealed his convictions for attempted sexual battery on a child under 12 and capital sexual battery, challenging the trial court's admission of a redacted videotaped deposition showing the child's prior consistent statements. The appellate court affirmed, holding th
• Shaw v. State
  645 So. 2d 68· Fla. 4th DCA· 1994-11-09 ·cited 8×
  The appellate court affirmed the conviction but reversed the adult sentence, remanding for the trial court to make specific written findings regarding the juvenile's "sophistication and maturity" before potentially reimposing adult sanctions.
• Inter-Atlantic Ins. Servs., Inc. v. Hernandez
  632 So. 2d 1069· Fla. 3d DCA· 1994-02-15 ·cited 8×
  Inter-Atlantic Insurance Services appeals a trial court's denial of its motion to vacate a default judgment entered against it in an insurance coverage dispute. The court affirmed, holding that Inter-Atlantic failed to demonstrate excusable neglect required to set aside the defau
• Nat'l Wrecking Co. v. Int'l Bhd. OF Teamsters
  990 F.2d 957· 7th Cir.· 1993-04-07 ·cited 8×
  The court held that a party waives arguments not presented to the arbitrator and that sanctions under Rule 11 were not warranted for claims that, while unsuccessful, were not entirely groundless.
• Forest Henry Shipes v. Trinity Indus.
  987 F.2d 311· 5th Cir.· 1993-04-05 ·cited 8×
  The court affirmed the district court's class certification and back pay award, but remanded the attorneys' fees enhancement for further consideration of the 'results obtained' factor and reversed the contingency enhancement.
• Castrol Inc. v. Pennzoil Co. & Pennzoil Prods. Co.
  987 F.2d 939· 3d Cir.· 1993-02-04 ·cited 8×·via Abuse Of Discretion Standard For Injunctions
• Moore v. Mabus
  976 F.2d 268· 5th Cir.· 1992-11-02 ·cited 8×
  The court held that the dismissal of the civil rights complaint under § 1915(d) was improper due to the complexity of the issues and the need for further factual and legal development, but affirmed the dismissal of the privacy and loss of privileges claims.
• United States v. Rusel J. Jagim
  978 F.2d 1032· 8th Cir.· 1992-10-29 ·cited 8×
  The court affirmed the convictions and sentences of all defendants, finding no abuse of discretion in the trial court's rulings on plea withdrawals, continuances, severances, or sentencing enhancements.
• United States v. Hartsfield
  976 F.2d 1349· 10th Cir.· 1992-10-07 ·cited 8×
  The court held that the trial court did not abuse its discretion in admitting evidence of gang membership and prior drug dealings, denying motions for mistrial, and utilizing mass jury selection, and that sufficient evidence supported the conspiracy conviction.
• Trupin v. Wallquist
  605 So. 2d 1295· Fla. 4th DCA· 1992-10-07 ·cited 8×
  Trupin appeals the trial court's denial of his motion to vacate a default final judgment entered in an investment securities dispute. The court affirmed the denial, finding no abuse of discretion in the trial judge's decision to credit the opposing party's version of events regar
• Gates v. Deukmejian
  977 F.2d 1300· 9th Cir.· 1992-10-06 ·cited 8×
  The court held that the district court abused its discretion by failing to articulate a clear reason for the ten percent fee reduction and by not independently reviewing the fee application. The court also held that enhancement for contingency is not permitted under 42 U.S.C. § 1
• Annabelle Lipsett v. Gumersindo Blanco
  975 F.2d 934· 1st Cir.· 1992-09-23 ·cited 8×
  The court held that while the lodestar calculation was largely correct, the enhancement for risk of nonpayment and exceptional performance was improper, and certain vague time entries should be discounted, requiring a reduction in the total fee award.
• United States v. Bennett
  975 F.2d 305· 6th Cir.· 1992-09-21 ·cited 8×
  The court held that the district court did not abuse its discretion in denying a mistrial, refusing an intoxication instruction, applying an obstruction of justice enhancement, or departing upward from the Sentencing Guidelines based on the defendant's extensive recidivism.
• McKNIGHT v. Gen. Motors Corp.
  973 F.2d 1366· 7th Cir.· 1992-09-11 ·cited 8×
  The court held that the district court did not abuse its discretion in denying reinstatement or front pay, nor in refusing to reopen the record, and that the request for prejudgment interest was untimely.
• Mercado v. Salim Ahmed & Checker Taxi Co.
  974 F.2d 863· 7th Cir.· 1992-09-04 ·cited 8×
  The court held that the jury's verdict was not irreconcilably inconsistent and that the exclusion of certain expert testimony and rebuttal witnesses was not an abuse of discretion.
• United States v. Singer
  970 F.2d 1414· 5th Cir.· 1992-08-21 ·cited 8×
  The court held that the search warrant was valid, evidence was admissible, discovery violations did not prejudice the defendant, the evidence was sufficient for conviction, and the sentence was properly calculated under the Sentencing Guidelines.
• United States v. Castro
  972 F.2d 1107· 9th Cir.· 1992-08-17 ·cited 8×
  The court held that the district court did not abuse its discretion in denying the motion to substitute counsel and that there was sufficient evidence for the jury to find the defendant was a member of the conspiracy and possessed cocaine. However, the court reversed in part, fin
• Young v. Louis W. Sullivan, M.D.
  972 F.2d 830· 7th Cir.· 1992-08-14 ·cited 8×
  The court held that the plaintiff's application for attorney fees under the EAJA was timely filed and that the district court did not abuse its discretion in finding the government's position substantially justified.
• United States v. Gessa
  971 F.2d 1257· 6th Cir.· 1992-08-07 ·cited 8×
  Under U.S.S.G. § 2D1.4 and Application Note One, a sentencing court is not automatically required to include the weight of an uncompleted conspiracy transaction in the base offense level but must make specific findings regarding the defendant's intent and reasonable capability to
• Mehdi Abedini v. U.S. Immigr. & Naturalization Serv.
  971 F.2d 188· 9th Cir.· 1992-07-24 ·cited 8×
  The court held that the applicant failed to establish a well-founded fear of persecution on account of race, religion, nationality, membership in a particular social group, or political opinion, and that the Board's denial of voluntary departure was not an abuse of discretion.
• United States v. Greig
  967 F.2d 1018· 5th Cir.· 1992-07-23 ·cited 8×·via Abuse Of Discretion Standard For Jury Instructions
  The court held that the trial court erred by failing to conduct a Garcia hearing when it was aware of an actual conflict of interest involving Greig's counsel, which adversely affected counsel's performance, thus violating Greig's Sixth Amendment right to effective assistance of
• Abbott Labs. v. Mead Johnson & Co.
  971 F.2d 6· 7th Cir.· 1992-07-23 ·cited 8×
  The court held that the district court abused its discretion in denying a preliminary injunction, finding that Abbott had established a likelihood of success on its false advertising claim and that irreparable harm was not adequately rebutted.