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

• Sec. & Exch. Comm'n v. Cogan
  201 F.2d 78· 9th Cir.· 1951-12-15 ·cited 8×
  An attorney's fee in a corporate reorganization may not be forfeited based on alleged divided loyalty unless an actual conflict of interest is demonstrated; standards of professional ethics and fiduciary duty are questions of law for courts to determine, not matters within an adm
• In re Chopak
  160 F.2d 886· 2d Cir.· 1947-03-18 ·cited 8×
  An attorney may be suspended from practice for writing insulting letters to judges and making prejudicial statements about judges to clients, even where the underlying judicial order may have been erroneous.
• Young v. Garrett
  159 F.2d 634· 8th Cir.· 1947-02-25 ·cited 8×
  The court held that the trial court did not abuse its discretion in denying plaintiffs leave to file amended complaints, considering the delay, prior proceedings, and potential prejudice.
• Bowles v. Sacher
  146 F.2d 186· 2d Cir.· 1944-12-08 ·cited 8×
  A trial court does not abuse its discretion in denying a broad injunction against future price control violations when the only proven violation is failure to maintain required records and there is no evidence of actual price violations.
• Hancock Oil Co. v. Universal Oil Prods. Co.
  120 F.2d 959· 9th Cir.· 1941-06-13 ·cited 8×
• Washington v. Wang
  2023 WL 5664169· M.D. Fla.· 2024-02-28 ·cited 7×
  The Court adopted the Magistrate Judge's Report and Recommendation, denying the Plaintiff's motion to appeal in forma pauperis because the appeal was not taken in good faith and lacked merit.
• United States v. Kent
  93 F.4th 1213· 11th Cir.· 2024-02-26 ·cited 7×
  The court held that an investigator's testimony recounting witness statements implicating the defendant was admissible non-hearsay because it was offered to prove the effect on the listeners (establishing motive for murder) and not for the truth of the matter asserted, and the di
• United States v. Kendrick Eugene Duldulao
  87 F.4th 1239· 11th Cir.· 2023-11-29 ·cited 7×
  Two doctors who operated a "pill mill" pain management clinic in Tampa, Florida were convicted of conspiracy to distribute controlled substances in violation of federal law. On remand from the Supreme Court following its decision in Ruan v. United States establishing that the sci
• In re Blue Cross Blue Shield Antitrust Litigation
  85 F.4th 1070· 11th Cir.· 2023-10-25 ·cited 7×
  The Eleventh Circuit affirmed the district court's approval of a $2.67 billion settlement in a multidistrict antitrust class action against Blue Cross Blue Shield, rejecting challenges to the release of prospective claims, the allocation of settlement funds between fully insured
• United States v. Curtin
  78 F.4th 1299· 11th Cir.· 2023-08-28 ·cited 7×
  Lawrence Curtin, who had a history of making threatening communications to judges, was convicted of mailing a threatening communication and threatening a federal official after sending an objection to a magistrate judge that included statements threatening her with death and bodi
• Nuvasive, Inc. v. Absolute Med., LLC
  71 F.4th 861· 11th Cir.· 2023-06-21 ·cited 7×
  NuVasive sued its exclusive distributor Absolute Medical and related parties for breaching a distribution agreement and noncompetition provisions, with the contract dispute being arbitrated at the district court's direction. After the arbitration panel denied NuVasive's damages c
• Gayer v. Nicita
  368 So. 3d 533· Fla. 6th DCA· 2023-06-16 ·cited 7×
  The appellate court reversed in part a final judgment of dissolution of marriage, finding that the trial court erred in its equitable distribution and alimony awards. The court remanded the case for further proceedings to correct these errors.
• Spencer v. Kelner
  357 So. 3d 166· Fla. 4th DCA· 2023-03-08 ·cited 7×
  The appellate court reversed a trial court's denial of a motion to vacate a protective injunction. The court found that the appellant's failure to attend the hearing, due to confusion caused by improper service and the attachment of a prior dismissed petition, constituted excusab
• State Farm Mut. Auto. Ins. Co. v. Best Med. Treatments, Inc.
  354 So. 3d 612· Fla. 3d DCA· 2023-01-04 ·cited 7×
  The appellate court reversed a trial court's decision to award attorney's fees directly to a law firm, rather than to the client. The court held that Florida law requires such fees to be paid to a party to the litigation, not to their counsel.
• Inman v. Inman
  345 So. 3d 320· Fla. 4th DCA· 2022-08-17 ·cited 7×
• United States v. Blaine Joyner Coglianese
  34 F.4th 1002· 11th Cir.· 2022-05-17 ·cited 7×
  The Eleventh Circuit affirmed the district court's sentence and special conditions of supervised release, finding them procedurally and substantively reasonable.
• Fiala v. Fiala
  333 So. 3d 215· Fla. 4th DCA· 2022-01-12 ·cited 7×
  The appellate court affirmed the trial court's equitable distribution and denial of alimony, finding that any errors in using the separation date instead of the petition filing date were harmless. The court remanded for an amended judgment to correctly identify the marriage as lo
• Giovani Guerra v. State
  331 So. 3d 746· Fla. 4th DCA· 2022-01-12 ·cited 7×
  The appellate court dismissed the appeal of one order as untimely but reversed the denial of a motion to withdraw a guilty plea for another order. The court found that the trial court erred in denying the motion because the appellant was affirmatively misadvised by his counsel re
• N. Lauderdale Supermarket, Inc. v. Puentes
  332 So. 3d 526· Fla. 4th DCA· 2021-12-22 ·cited 7×·via Abuse Of Discretion Standard For Jury Instructions
  Florida Standard Jury Instruction 401.20(a) must be modified or revised when used in slip-and-fall cases involving transitory foreign substances in business establishments to comply with section 768.0755, which requires proof of actual or constructive knowledge of the dangerous c
• Nitza Soledad Perez v. Maldonato
  324 So. 3d 1011· Fla. 3d DCA· 2021-07-21 ·cited 7×
  Nitza Soledad Perez appeals a trial court order granting temporary timesharing to Matthew A. Maldonato in a paternity action involving a child conceived through IVF. The central dispute concerns whether the parties were a "commissioning couple" under Florida law entitled to paren
• Roth v. Roth
  312 So. 3d 1021· Fla. 2d DCA· 2021-03-03 ·cited 7×
  The appellate court reversed and remanded portions of a final judgment dissolving a marriage, specifically concerning equitable distribution and alimony. The court found the trial court erred in classifying personal injury settlement funds as nonmarital and in including dissipate
• Can Fin., LLC v. Krazmien
  307 So. 3d 33· Fla. 4th DCA· 2020-11-12 ·cited 7×·via Gross Abuse Of Discretion
  A third-party purchaser at a judicial foreclosure sale cannot vacate the sale based on unilateral mistake when the purchaser failed to conduct a title search that would have revealed a recorded superior lien, as such failure constitutes inexcusable lack of due care.
• Oshana v. Carmelo Destefano Lopiano
  314 So. 3d 311· Fla. 3d DCA· 2020-09-23 ·cited 7×
  The appellate court reversed a trial court's order denying a motion to set aside a default judgment. The court held that the trial court failed to conduct an evidentiary hearing, which is required when a party presents a colorable claim of excusable neglect or improper service.
• Brungart v. Pullen
  296 So. 3d 973· Fla. 2d DCA· 2020-06-03 ·cited 7×
  The appellate court reversed a dating violence injunction, finding insufficient evidence that the petitioner had reasonable cause to believe she was in imminent danger of future violence. The court clarified that a dating violence injunction requires more than just proof of past
• MTGLQ Invs. v. Moore
  293 So. 3d 610· Fla. 1st DCA· 2020-04-09 ·cited 7×
  The appellate court reversed a trial court's denial of foreclosure, finding that the trial court abused its discretion and erred as a matter of law by applying the "unclean hands" doctrine. The court held that the prior lender's alleged actions did not legally bar foreclosure and
• R. J. Reynolds Tobacco Co. v. Prentice
  290 So. 3d 963· Fla. 1st DCA· 2019-10-24 ·cited 7×·via Abuse Of Discretion Standard For Jury Instructions
  The trial court abused its discretion by refusing to give R.J. Reynolds' proposed jury instruction on conspiracy to commit fraudulent concealment, which correctly stated the law requiring proof that the plaintiff detrimentally relied on a false or misleading statement made in fur
• Marini v. Kellett
  279 So. 3d 248· Fla. 5th DCA· 2019-08-15 ·cited 7×
  In this paternity case involving Grace Marini and Steven Kellett, the Florida District Court of Appeal reversed portions of the trial court's amended final judgment regarding time-sharing, child support calculations, and a surname change, while affirming the paternity determinati
• Hollis v. Hollis
  2017 WL 2983290· Fla. 2d DCA· 2019-06-19 ·cited 7×
  A trial court abuses its discretion in modifying a child custody arrangement where the record does not support a finding of a substantial, material, and unanticipated change in circumstances; relocation of approximately 47 miles does not constitute such a change when the parent c
• Toscano Condo Assoc. v. Dda Eng'rs
  274 So. 3d 487· Fla. 3d DCA· 2019-05-29 ·cited 7×
  The trial court did not abuse its discretion in denying the association's fourth motion to amend to add a defendant, where the association delayed more than two years to assert the claims, had already amended three times, and sought amendment after the court set a deadline for ad
• Kiley v. State
  273 So. 3d 193· Fla. 5th DCA· 2019-05-10 ·cited 7×
  A trial court does not abuse its discretion in declining to impose a downward departure sentence, and such decisions are reviewed for abuse of discretion.
• Bj's Wholesale Club v. Bugliaro
  273 So. 3d 1119· Fla. 3d DCA· 2019-05-08 ·cited 7×
  The appellate court reversed a trial court's order certifying a class action. The court found that the trial court lacked subject matter jurisdiction because the plaintiff failed to exhaust administrative remedies and that the proposed class was not ascertainable.
• Stone v. McMillian
  270 So. 3d 510· Fla. 1st DCA· 2019-05-02 ·cited 7×
  Teresa McMillian sought an injunction for protection against stalking against her neighbor Billy Stone after he wrote a threatening letter in 2016 and subsequently walked past her house frequently. The trial court granted a one-year injunction, but the appellate court reversed, f
• Charry v. In re Torres v. Gonzalez
  263 So. 3d 238· Fla. 3d DCA· 2019-01-23 ·cited 7×
  A trial court's denial of a motion to intervene is affirmed when there is no transcript of the hearing, as the appellate court cannot determine whether the trial court abused its discretion without the record of proceedings.
• Bean v. State
  264 So. 3d 947· Fla. 4th DCA· 2019-01-09 ·cited 7×
  Appellant challenged his sentence imposed after pleading guilty to multiple charges related to an armed bank robbery involving violence and sexual assault. The appellate court upheld the sentencing scoresheet's inclusion of victim injury points but reversed the costs assessment a
• State v. Dacoby Reshard Wooten and the Palm Beach Post
  260 So. 3d 1060· Fla. 4th DCA· 2018-11-28 ·cited 7×
  The defendant has a due process right under Florida Rule of Criminal Procedure 3.220 to receive unredacted search warrants and applications as discovery materials related to a search or seizure. The public has a common law right to access judicial records, including search warran
• Chernoff Diamond & Co. v. Gallin Assocs., Inc.
  258 So. 3d 563· Fla. 2d DCA· 2018-11-14 ·cited 7×·via Gross Abuse Of Discretion
  A defendant fails to demonstrate excusable neglect required to set aside a final default judgment when the defendant's president received the complaint, placed it in a drawer, went on vacation, and simply forgot about the lawsuit.
• Lewis v. Juliano
  242 So. 3d 1146· Fla. 4th DCA· 2018-04-18 ·cited 7×
  A trial court abuses its discretion when it modifies timesharing as a sanction for a parent's contempt without making affirmative findings that a substantial change in circumstances has occurred and that the modification is in the child's best interests. Modification of timeshari
• Harrington v. State
  238 So. 3d 294· Fla. 4th DCA· 2018-02-21 ·cited 7×
  Brian Harrington appeals his probation revocation for failing to complete a sexual offender treatment program (CORTE). The court affirmed the finding of willful and substantial violation but reversed and remanded because the trial court failed to hold a required sentencing hearin
• United States v. Foster
  878 F.3d 1297· 11th Cir.· 2018-01-04 ·cited 7×
  The Eleventh Circuit affirmed the district court's judgment, holding that sufficient evidence supported the wire fraud convictions, the district court did not err in calculating the loss amount and restitution, and the denial of the motion to vacate the verdict due to alleged jur
• Moreno v. State
  232 So. 3d 1133· Fla. 3d DCA· 2017-11-08 ·cited 7×
  Luis Fundora Moreno appeals the trial court's competency finding for sentencing on community control violations. The appellate court affirmed the competency determination and sentence, finding the trial court made an independent evaluation of Moreno's competency based on multiple
• Gillette v. Gillette
  226 So. 3d 958· Fla. 4th DCA· 2017-09-06 ·cited 7×
  In this family law appeal, the Fourth District Court of Appeal addressed three issues in a dissolution of marriage case: whether the former husband was voluntarily underemployed for child support purposes, the calculation of the former wife's child support obligation, and the cha
• Cleto Marcello Cardona v. Casas
  225 So. 3d 384· Fla. 3d DCA· 2017-08-16 ·cited 7×
  In this divorce appeal, the former husband challenged ten alleged errors in the trial court's final judgment of dissolution and attorney's fees award. The appellate court affirmed most of the judgment but reversed the portion designating the former wife as beneficiary of a life i
• Babasola Kolawole v. Sellers
  863 F.3d 1361· 11th Cir.· 2017-07-21 ·cited 7×
  Representatives of estates of decedents killed in a 2012 Dana Airlines crash in Nigeria appealed the dismissal of their wrongful death claims against the pilot's estate based on forum non conveniens and the denial of a Rule 60(b) motion for relief. The Eleventh Circuit affirmed t
• Stokes v. Delana Wynn
  219 So. 3d 891· Fla. 4th DCA· 2017-06-07 ·cited 7×
  The court held that the trial court did not err in instructing the jury that if Phillips's use of the rental car amounted to theft or conversion, Wynn and Hertz could not be held liable.
• Birlkey v. State
  220 So. 3d 431· Fla. 4th DCA· 2017-05-24 ·cited 7×
  George Birlkey appeals his probation violation conviction and 18-month sentence, arguing the trial court erred by failing to renew the offer of counsel before the sentencing phase. The Fourth District Court of Appeal agreed that sentencing is a critical stage requiring renewal of
• Coral Gables Imports, Inc. v. Suarez
  219 So. 3d 101· Fla. 3d DCA· 2017-04-26 ·cited 7×
  The appellate court affirmed the trial court's decision to vacate a dismissal for lack of prosecution. The court found that the dismissal order was void because the plaintiff did not receive notice and there was record activity in the case, making the one-year time limit for vaca
• Brinson v. State
  215 So. 3d 1260· Fla. 5th DCA· 2017-03-31 ·cited 7×
  Larry Brinson appeals a postconviction court order banning all of his pro se filings in the circuit court. The appellate court reversed the order as overbroad, holding that while the court could prohibit pro se filings attacking his specific criminal judgment, the blanket ban on
• Myrick v. Myrick
  214 So. 3d 769· Fla. 2d DCA· 2017-03-24 ·cited 7×
  Jennifer Myrick appealed a trial court order denying her attorney fees and requiring her to pay nearly all of her ex-husband's attorney fees ($96,326.24) in a post-dissolution child custody modification proceeding. The Florida appellate court affirmed the denial of the former wif
• Orton v. State
  212 So. 3d 377· Fla. 4th DCA· 2017-01-25 ·cited 7×
  Steven Orton was convicted of drug delivery and cannabis possession after an undercover operation. On appeal, Orton challenged testimony about typical beliefs of drug dealers, but the appellate court affirmed because Orton failed to preserve the relevancy objection at trial, havi
• Wal-Mart Stores, Inc. v. Wittke
  202 So. 3d 929· Fla. 2d DCA· 2016-10-21 ·cited 7×
  Walmart appeals a trial court's order granting a new trial after a jury verdict in Walmart's favor in a slip-and-fall case. The appellate court reverses, holding that the trial court erroneously elevated Walmart's internal safety policies to the status of a legal duty and impermi