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

• Liguori v. Liguori
  210 So. 3d 117· Fla. 2d DCA· 2016-09-09 ·cited 7×
  The court held that the trial court erred in calculating retroactive child support from the date of filing instead of the date of separation, and in failing to allocate responsibility for uncovered medical expenses and provide for children's insurance. The court affirmed other as
• Wagers v. State
  199 So. 3d 1116· Fla. 5th DCA· 2016-09-09 ·cited 7×
  Jesse Wagers was convicted of felony battery against his brother. On appeal, Wagers challenged the trial court's refusal to instruct the jury on justifiable use of non-deadly force, and the Florida Fifth District Court of Appeal reversed, holding that the girlfriend's testimony t
• Trainor v. Trainor
  199 So. 3d 523· Fla. 4th DCA· 2016-09-07 ·cited 7×
  In this marital dissolution case, the Florida Fourth District Court of Appeal affirmed the trial court's award of $2,000 monthly temporary alimony to the wife but remanded for the trial court to properly address the reasonableness of the wife's attorneys' fees, which lacked suffi
• Haas v. State
  196 So. 3d 515· Fla. 2d DCA· 2016-07-15 ·cited 7×
  Two attorneys, Raymond Haas and Dorothy DiFiore, were convicted of indirect criminal contempt for alleged violations of court orders protecting confidential documents in underlying litigation. The Florida District Court of Appeal reversed their convictions, holding that the prose
• Fajardo v. State
  193 So. 3d 1019· Fla. 4th DCA· 2016-06-08 ·cited 7×·via Abuse Of Discretion Standard For Evidentiary Rulings
  Pedro Fajardo appeals his conviction for attempted second degree murder. The Florida Fourth District Court of Appeal reversed and remanded for a new trial, holding that the trial court abused its discretion by precluding cross-examination of the key state witness about his immigr
• Robertson v. State
  187 So. 3d 1207· Fla.· 2016-03-17 ·cited 7×
  James Robertson pleaded guilty to first-degree murder, waived his right to a jury sentencing recommendation and mitigation evidence presentation, and was sentenced to death. On direct appeal, the Florida Supreme Court rejected multiple procedural challenges and affirmed the convi
• Petia B. Tenev, Esq. v. Frederick D. Thurston, D.M.D.
  198 So. 3d 798· Fla. 2d DCA· 2016-03-09 ·cited 7×
  Attorney Petia Tenev was sanctioned with $68,385.83 in attorneys' fees and $5,853.83 in costs after a jury trial was mistried, allegedly due to her dishonesty regarding how she learned of a juror's connection to her client's employee. The appellate court reversed, finding that wh
• Prewitt Enters., LLC v. Tommy Constantine Racing, LLC
  185 So. 3d 566· Fla. 4th DCA· 2016-01-27 ·cited 7×
  Prewitt Enterprises sued Tommy Constantine Racing for fraudulent inducement and breach of contract after Constantine falsely represented he had fully funded a racing team. The trial court granted judgment notwithstanding the verdict on the fraud claim, but the appellate court rev
• A.R. BY AN Through her next .friend Susan Root v. Dudek
  151 F. Supp. 3d 1309· S.D. Fla.· 2015-12-18 ·cited 7×
  The work product doctrine does not protect raw factual information obtained through witness interviews merely because an attorney conducted the interviews; a party must disclose facts underlying its claims even if those facts were gathered after suit was filed and included in wor
• Ferrer v. La Serna
  179 So. 3d 523· Fla. 4th DCA· 2015-11-25 ·cited 7×
  A Florida appellate court reversed a trial court's additur award in a motor vehicle negligence case, finding the court abused its discretion by awarding additional damages without providing written findings and when the evidence was conflicting rather than undisputed.
• Eagle FL VI SPE, LLC v. T & A Fam. P'ship, Ltd.
  177 So. 3d 1277· Fla. 2d DCA· 2015-10-30 ·cited 7×
  Eagle FL VI SPE, LLC sought deficiency judgments against T & A Family Partnership following foreclosure on three consolidated commercial loans. The Partnership stipulated to deficiency judgments but later sought to set them aside, claiming it entered the stipulations under the mi
• Darrick L. McFADDEN v. State
  177 So. 3d 562· Fla.· 2015-10-29 ·cited 7×
  The Florida Supreme Court held that orders denying motions for sentence reduction under the substantial assistance statute (section 921.186) are appealable, and remanded for the trial court to reconsider whether it abused its discretion in denying McFadden's motion despite clear
• Jordan v. State
  176 So. 3d 920· Fla.· 2015-10-08 ·cited 7×
  Joseph Edward Jordan was convicted of first-degree felony murder and robbery with a firearm for brutally beating and robbing Keith Cope, then leaving him bound and gagged for three days, resulting in Cope's death from complications including gangrene and organ failure. The Florid
• Lucien D. Dort v. State
  175 So. 3d 836· Fla. 4th DCA· 2015-08-26 ·cited 7×
  Lucien Dort was convicted of first-degree murder and conspiracy to commit murder. On appeal, he challenges the trial court's exclusion of a co-defendant's statements to prosecutors that would have exculpated him under the statement-against-interest hearsay exception. The court af
• Philip Morris USA, Inc. v. Cuculino
  165 So. 3d 36· Fla. 3d DCA· 2015-05-06 ·cited 7×·via Abuse Of Discretion Standard For New Trial Motions
  Philip Morris appeals a jury verdict awarding $5 million in compensatory damages to a smoker who contracted coronary heart disease, claiming improper closing argument comments by plaintiff's counsel warrant a new trial. The court affirms, finding the comments improper but not so
• R.J. Reynolds Tobacco Co. v. Ballard
  163 So. 3d 541· Fla. 3d DCA· 2015-03-18 ·cited 7×·via Abuse Of Discretion Standard For New Trial Motions
  In this tobacco litigation case arising from the landmark Engle class action, the court affirmed a judgment for plaintiffs Ralph and Maria Ballard against R.J. Reynolds, rejecting Reynolds' arguments that the trial court erred in denying directed verdicts on class membership and
• Rodriguez v. State
  147 So. 3d 1066· Fla. 3d DCA· 2014-09-17 ·cited 7×·via Abuse Of Discretion Standard For Jury Instructions
  Ramiro Rodriguez appeals his convictions for manslaughter, attempted manslaughter, burglary, conspiracy, kidnapping, and firearm possession following his involvement in an armed confrontation at a home that resulted in a death. The appellate court affirmed, holding that Rodriguez
• Roundtree v. State
  145 So. 3d 963· Fla. 4th DCA· 2014-08-27 ·cited 7×
  The court held that admitting an interrogation where an officer repeatedly expressed his personal opinion of the appellant's guilt, without sufficient provocation or context, constituted an abuse of discretion and was not harmless error.
• The Fallstaff Grp., Inc. v. MPA Brickell KEY, LLC
  143 So. 3d 1139· Fla. 3d DCA· 2014-08-06 ·cited 7×
  MPA Brickell Key, LLC sought indemnification from Fallstaff Group, Inc. and Courvoisier Courts, LLC under a letter agreement for liabilities arising from a tax folio split dispute with a neighboring property owner, FBEC. The court held that MPA was entitled to indemnification for
• Mehaffie v. John Rutherford as Sheriff of Duval Cnty.
  143 So. 3d 432· Fla. 1st DCA· 2014-07-16 ·cited 7×
  A trial court's bail determination is reviewed for abuse of discretion, and a defendant seeking bail reduction must present evidence sufficient to overcome the presumption of correctness of the trial court's order. Here, the defendant failed to meet this burden where he presented
• Ocean Bank v. Garcia-Villalta
  141 So. 3d 256· Fla. 3d DCA· 2014-07-02 ·cited 7×
  Ocean Bank appeals the trial court's dismissal of its foreclosure action against Garcia-Villalta without prejudice to refile, based on Ocean Bank's failure to timely serve the trial court's Uniform Order setting the case for trial. The appellate court reverses, finding the trial
• Jackson v. State
  140 So. 3d 1067· Fla. 1st DCA· 2014-06-10 ·cited 7×
  Jackson was convicted of burglary and battery based on his ex-girlfriend's testimony of a March 2011 incident. The appellate court reversed because the trial court erroneously admitted evidence of two prior violent incidents with the same victim to prove Jackson's intent, when in
• Wilkerson v. Johnson
  139 So. 3d 965· Fla. 1st DCA· 2014-06-09 ·cited 7×
  The trial court erred by failing to make specific findings regarding the reasonable number of attorney hours expended and by reducing investigative costs without discretion.
• In re Jane DOE 13-A
  136 So. 3d 748· Fla. 1st DCA· 2014-04-11 ·cited 7×
• Creative Choice Homes, II, Ltd. v. Keystone Guard Servs., Inc.
  137 So. 3d 1144· Fla. 3d DCA· 2014-04-02 ·cited 7×
  Creative Choice Homes appeals a contempt order imposing daily fines and attorney's fees for failing to file a fact information sheet as ordered. The appellate court reversed, holding that the trial court abused its discretion by imposing coercive civil sanctions without providing
• Jabez Boaz v. State
  135 So. 3d 506· Fla. 5th DCA· 2014-03-28 ·cited 7×
  The court held that a trial court's failure to conduct any inquiry into a defendant's request for a Nelson hearing is per se reversible error.
• Amoundo James Terrence Mathis v. State
  135 So. 3d 484· Fla. 2d DCA· 2014-03-21 ·cited 7×
  Amoundo Mathis appeals his convictions for cocaine and drug paraphernalia possession, challenging the trial court's admission of certified copies of his prior convictions for impeachment purposes. The court held that while the defense opened the door to impeachment by eliciting e
• Ware v. State
  124 So. 3d 388· Fla. 1st DCA· 2013-10-23 ·cited 7×
  William Ware was convicted of exposing his genitals lewdly in the presence of a disabled person at a bus stop. On appeal, Ware challenged the trial court's exclusion of evidence that the victim had previously been subjected to sexual battery, arguing such evidence was relevant to
• Kass Shuler, P.A. v. Barchard
  120 So. 3d 165· Fla. 2d DCA· 2013-08-23 ·cited 7×
  The appellate court granted certiorari in part, reversing the circuit court's reversal of a county court's award of attorney's fees to Kass Shuler, but affirmed the circuit court's reversal of a sanction against Barchard for filing Bar grievances.
• Newton v. Delbert Tenney
  122 So. 3d 390· Fla. 4th DCA· 2013-07-31 ·cited 7×
  The court held that the defendant was the prevailing party in the litigation over the settlement agreement because he successfully avoided a monetary judgment, entitling him to attorney's fees.
• Gartner v. State
  118 So. 3d 273· Fla. 5th DCA· 2013-07-26 ·cited 7×
  Timothy Gartner was convicted of robbery with a deadly weapon after displaying what the victim believed to be a gun during a gas station robbery. Gartner appealed the admission of a BB gun found in his vehicle and the denial of his motion for judgment of acquittal, arguing the St
• Allen R. and Jill F. Greenwald v. Eisinger, Brown, Lewis & Frankel, P.A.
  118 So. 3d 867· Fla. 3d DCA· 2013-07-10 ·cited 7×
  Allen and Jill Greenwald appealed a jury verdict in a legal malpractice action against their former attorney Gary Brown, challenging the trial court's exclusion of evidence regarding violations of the Florida Rules of Professional Conduct. The appellate court affirmed, finding th
• Pompano Masonry Corp. v. Anastasi
  125 So. 3d 210· Fla. 4th DCA· 2013-02-06 ·cited 7×
  Pompano Masonry Corporation and the Breslow Trust appealed a trial court award of over $40,000 in attorneys' fees imposed as a sanction under Florida Rule of Civil Procedure 1.730(c) for their failure to execute a settlement release. The appellate court affirmed, holding that an
• Rocka Fuerta Constr. Inc. v. Southwick, Inc.
  103 So. 3d 1022· Fla. 5th DCA· 2012-12-28 ·cited 7×
  Rocka Fuerta Construction appeals the trial court's dismissal of its breach of contract complaint as a sanction for alleged fraud on the court. The court reversed the dismissal, holding that Rocka's failure to reference a settlement agreement in its complaint did not constitute t
• GEICO Indem. Co. v. Pollie DeGRANDCHAMP
  102 So. 3d 685· Fla. 2d DCA· 2012-11-28 ·cited 7×
  The court held that the trial court abused its discretion by denying GEICO's motion for remittitur because the jury's award for future medical expenses was not supported by sufficient evidence of reasonable certainty.
• In re Petition of Jane DOE for a Judicial Waiver of Parental Notice of Termination of Pregnancy. Jane Doe
  113 So. 3d 882· Fla. 2d DCA· 2012-11-26 ·cited 7×
  Jane Doe, a 17-year-old minor, petitioned for a judicial waiver of Florida's parental notification requirement for abortion under section 390.01114. The circuit court dismissed her petition, but the Second District Court of Appeal reversed, holding that Doe satisfied the statutor
• R.J. Reynolds Tobacco Co. v. Jewett
  106 So. 3d 465· Fla. 1st DCA· 2012-11-02 ·cited 7×·via Abuse Of Discretion Standard For Jury Instructions
  In this tobacco wrongful death case, the First District Court of Appeal reversed the trial court's refusal to give a defendant-proposed jury instruction clarifying that the statute of limitations begins when a disease manifests itself, not when formally diagnosed. The court held
• Bailey v. State
  100 So. 3d 213· Fla. 3d DCA· 2012-10-31 ·cited 7×
  Walter Bailey, charged with capital crimes, sought certiorari to quash or mandamus to review a trial court's discovery order requiring pretrial disclosure of his mental health experts' raw data and materials for penalty phase proceedings. The Third District Court of Appeal affirm
• Simmons v. State
  99 So. 3d 620· Fla. 1st DCA· 2012-10-24 ·cited 7×
  Dennis Simmons appealed the denial of his post-conviction motion for ineffective assistance of counsel, claiming his trial counsel failed to communicate a five-year plea offer. The First District Court of Appeal reversed and remanded, holding that although the trial court did not
• Wynn v. State
  99 So. 3d 986· Fla. 3d DCA· 2012-10-10 ·cited 7×
  Louis Wynn appeals his conviction for petit theft, arguing the trial court erred by denying his peremptory challenge of a Haitian-American juror despite defense counsel providing a race-neutral reason. The appellate court reverses and remands, holding the trial court failed to pr
• Walters v. Walters
  96 So. 3d 972· Fla. 4th DCA· 2012-08-08 ·cited 7×
  Kevin Walters appeals a trial court's modification of alimony and contempt finding following a substantial decline in his income. The Fourth District Court of Appeal affirmed the denial of retroactive modification and the alimony amount, but reversed on grounds that the trial cou
• Gregory Council v. State
  98 So. 3d 115· Fla. 1st DCA· 2012-07-19 ·cited 7×·via Abuse Of Discretion Standard For Evidentiary Rulings
  The trial court abused its discretion by excluding the testimony of a biomechanics expert regarding the causation of the victim's injuries, and this error was not harmless.
• Health First, Inc. v. Cataldo
  92 So. 3d 859· Fla. 5th DCA· 2012-06-29 ·cited 7×
  Health First and employee David Ori appealed a $2 million+ personal injury judgment awarded to Cheryl Cataldo for injuries sustained in a low-speed rear-end collision. The appellate court affirmed, rejecting challenges to Cataldo's last-minute withdrawal of brain and dental injur
• Amie Essex v. Davis
  116 So. 3d 445· Fla. 4th DCA· 2012-06-06 ·cited 7×
  The appellate court treated the mother's motion for a writ of prohibition as an appeal of a non-final order directing her to return the parties' minor daughter to Palm Beach County pending a relocation hearing.
• Finfrock v. State
  84 So. 3d 431· Fla. 2d DCA· 2012-04-04 ·cited 7×
  The court held that a trial court commits reversible error by failing to conduct a preliminary Nelson inquiry when a defendant unequivocally requests to discharge appointed counsel for incompetence.
• Hostetter v. State
  82 So. 3d 1217· Fla. 1st DCA· 2012-03-26 ·cited 7×
  Scott Hostetter appeals the revocation of his sex-offender probation on three alleged violations. The appellate court affirmed violations of two probation conditions but reversed the third violation finding insufficient evidence, and remanded for the trial court to determine whet
• Parmanand Maharaj v. State
  78 So. 3d 63· Fla. 4th DCA· 2012-01-18 ·cited 7×
  Parmanand Maharaj appeals his convictions for sexual battery and related offenses against a child. The Fourth District Court of Appeal reversed and remanded for a new trial based on a trial court error in refusing to allow the defendant to cross-examine the child's mother regardi
• Barcomb v. State
  68 So. 3d 412· Fla. 4th DCA· 2011-09-07 ·cited 7×
  Kevin Barcomb was convicted of felony driving with a revoked license after the trial court improperly allowed the prosecutor to impeach him about prior felony convictions based solely on an NCIC rap sheet without a certified copy of the conviction. The Fourth District reversed, h
• Isaiah Deangelo Dortch v. State
  63 So. 3d 904· Fla. 1st DCA· 2011-06-20 ·cited 7×
  Isaiah Dortch appeals his convictions for fleeing police, resisting an officer, driving with suspended license, and leaving the scene of an accident. The court reversed because the trial judge improperly admitted hearsay evidence that the vehicle Dortch was driving had been stole
• Levin v. Levin
  60 So. 3d 1116· Fla. 4th DCA· 2011-05-11 ·cited 7×·via Abuse Of Discretion Standard For Continuance
  Gail Levin challenged her mother's 2008 will and trust, alleging undue influence and lack of testamentary capacity. The appellate court affirmed the trial court's findings on undue influence and testamentary capacity, but reversed and remanded regarding whether the mother suffere