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

• Takoya Criner v. State
  59 So. 3d 196· Fla. 1st DCA· 2011-03-16 ·cited 7×
  Takoya Criner appealed the trial court's denial of his motion for postconviction relief under Florida Rule of Criminal Procedure 3.850. The trial court denied his motion to extend the filing deadline and subsequently denied his 3.850 motion as untimely. The appellate court revers
• Garner v. Buford O. Langford
  55 So. 3d 711· Fla. 1st DCA· 2011-03-03 ·cited 7×
  Appellant challenges a judgment entered after the trial court denied her motion for continuance just before trial. The court reverses and remands for a new trial, finding that the denial of the continuance motion constituted a palpable abuse of discretion under the unusual circum
• Mathis v. State
  51 So. 3d 1250· Fla. 2d DCA· 2011-01-21 ·cited 7×
  The court held that there was sufficient evidence to support the finding that Mathis associated with persons engaged in criminal activity, but insufficient evidence to support the finding that he committed burglary as a principal.
• BAY Park Towers Condo. Ass'n, Inc. v. Triple M. Roofing Corp.
  55 So. 3d 591· Fla. 3d DCA· 2010-12-22 ·cited 7×
  Bay Park Towers Condominium Association appealed a trial court order dismissing their action for lack of prosecution. The Third District Court of Appeal reversed, finding that the trial court abused its discretion because there was record activity within the required periods unde
• Mariann C. Hudson-McCANN v. Laurence L. McCANN
  50 So. 3d 735· Fla. 5th DCA· 2010-12-17 ·cited 7×
  Mariann Hudson-McCann appeals from an amended final judgment ordering her to pay child support and denying attorney's fees. The court reverses and remands because the trial court improperly considered the father's alimony obligation—which had already terminated—when recalculating
• Golden & Cowan, P.A. v. The Est. OF Hilda Kosofsky
  45 So. 3d 986· Fla. 3d DCA· 2010-10-20 ·cited 7×
  The court held that while the trial court improperly allowed telephonic testimony without proper objection, this error was harmless due to independent evidence supporting the decision.
• Nouredine Chehab v. Hamilton-Chehab
  45 So. 3d 533· Fla. 5th DCA· 2010-10-08 ·cited 7×
  In this divorce appeal, the Fifth District Court of Appeal addressed the proper valuation and distribution of unvested Disney stock options and restricted shares earned during the marriage. The court affirmed the trial court's classification of these as marital assets but reverse
• Concepcion Suarez v. Sanchez
  43 So. 3d 118· Fla. 3d DCA· 2010-08-18 ·cited 7×
  The former wife appeals from a post-dissolution order terminating her ex-husband's obligation to pay permanent periodic alimony effective June 2008 and reducing his alimony payments for January-May 2008. The appellate court held that while the former husband's retirement constitu
• Marianne Magill Acuna & Marilyn Magill v. Dresner
  41 So. 3d 997· Fla. 3d DCA· 2010-08-04 ·cited 7×
  Appellants challenged a probate court's appointment of their mother's accountant as plenary guardian, arguing the court should have appointed the three daughters as designated in the mother's preneed guardian declaration. The court reversed the appointment of the accountant, hold
• Chonton Forbes v. State
  38 So. 3d 232· Fla. 3d DCA· 2010-06-23 ·cited 7×
  Chonton Forbes appeals his probation revocation for alleged cocaine possession. The court reverses the revocation, finding insufficient evidence to support the violation because the trial court relied solely on an inadmissible hearsay lab report without corroborating evidence suc
• Rayvon L. Boatman v. State
  39 So. 3d 391· Fla. 1st DCA· 2010-06-22 ·cited 7×
  Rayvon Boatman appealed his civil commitment as a sexually violent predator under Florida's Jimmy Ryce Act, arguing the trial court violated the statutory 30-day deadline for trial by granting the state an improper continuance. The court affirmed the commitment but held that Boat
• Bass v. State
  35 So. 3d 43· Fla. 1st DCA· 2010-03-31 ·cited 7×
  Kevin Brian Bass appeals his conviction for sexual battery on a child under 12, challenging the trial court's decision to retain an upset juror and its admission of hearsay testimony from multiple witnesses regarding the child victim's out-of-court statements. The appellate court
• Hall v. Maal
  32 So. 3d 682· Fla. 1st DCA· 2010-03-30 ·cited 7×
  The Florida Court of Appeal held that a couple who participated in a full wedding ceremony without obtaining a marriage license beforehand did not create a valid marriage, even though they later obtained a license a year after the ceremony. The court ruled that Florida's statutor
• Pena v. Vectour OF Fla., Inc.
  30 So. 3d 691· Fla. 1st DCA· 2010-03-25 ·cited 7×
  Diane Pena appeals the trial court's denial of her motion for a new trial in a negligence action against a bus driver and bus company, after a jury found no negligence by any defendants. The First District Court of Appeal affirms, holding that the trial court did not abuse its di
• Cordell v. Cordell
  30 So. 3d 647· Fla. 3d DCA· 2010-03-17 ·cited 7×
  Brett Cordell appealed an order affirming retroactive child support modification dating back to the original 1995 final judgment. The Third District Court of Appeal reversed, holding that child support modifications can only be retroactive to the date a petition for modification
• Webster v. Body Dynamics, Inc.
  27 So. 3d 805· Fla. 1st DCA· 2010-02-24 ·cited 7×
  Wesley Webster appeals a judgment in his favor for the defendants in a products liability case involving a dietary supplement containing ephedrine that allegedly caused his stroke. The trial court excluded evidence of an FDA rule banning ephedrine-containing dietary supplements i
• Rappaport v. State
  24 So. 3d 1211· Fla. 4th DCA· 2009-12-23 ·cited 7×
  Herbert Rappaport appealed the trial court's summary denial of his motion to withdraw his guilty plea before sentencing. The Fourth District Court of Appeal reversed, holding that the trial court erred by denying the motion without an evidentiary hearing because the record did no
• Blanton v. Baltuskouis
  20 So. 3d 881· Fla. 4th DCA· 2009-09-02 ·cited 7×
  Blanton appeals a judgment for monetary damages awarded to Baltuskouis for breach of contract, arguing the trial court erred in allowing Baltuskouis to pursue a damages claim that was neither pleaded nor tried by consent or waiver. The Fourth District Court of Appeal agrees and r
• Brivis Enters., Inc. v. Teresita von Plinski
  8 So. 3d 1208· Fla. 3d DCA· 2009-04-29 ·cited 7×
  The court held that the trial court did not abuse its discretion in denying the defendants' motion to set aside default, as the defendants were guilty of gross neglect, not excusable neglect.
• Save the Homosassa River Alliance, Inc. v. Citrus Cnty.
  2 So. 3d 329· Fla. 5th DCA· 2008-10-24 ·cited 7×
  Environmental and property owner plaintiffs challenged Citrus County's approval of a resort development as inconsistent with the county's comprehensive plan. The trial court dismissed for lack of standing, but the Fifth District reversed, holding that under Florida's liberalized
• Cardella-Navarro v. Navarro
  992 So. 2d 856· Fla. 3d DCA· 2008-10-01 ·cited 7×
  In this dissolution of marriage case, the Florida Third District Court of Appeal reversed the trial court's award of home sale proceeds to the husband and his creditor GE, and reversed the assignment of significant business liabilities to the wife, finding both decisions violated
• Delio v. Elliot Landman and Meghan Beuttenmuller
  987 So. 2d 733· Fla. 4th DCA· 2008-07-02 ·cited 7×
  Joseph Delio appeals a judgment against him in a landlord-tenant dispute, claiming the trial court erred by scheduling trial on a date when his counsel was unavailable. The Fourth District affirms, holding that filing notices of unavailability does not divest the trial court of a
• Johnston v. Tampa Sports Auth. & Henry G. Saavedra
  530 F.3d 1320· 11th Cir.· 2008-06-18 ·cited 7×
  Gordon Johnston, a season ticket holder for Tampa Bay Buccaneers games, challenged the Tampa Sports Authority's pat-down search policy instituted at the NFL's mandate as violating the Fourth Amendment and Florida Constitution. The Eleventh Circuit reversed the district court's pr
• In re T.S. v. Dep't of Child. & Fam. Servs.
  979 So. 2d 1202· Fla. 2d DCA· 2008-04-25 ·cited 7×
  The court held that the trial court's factual findings were insufficient and the evidence legally insufficient to support a determination of dependency.
• Burnstine v. Townley
  976 So. 2d 624· Fla. 5th DCA· 2008-02-29 ·cited 7×
  Robert Burnstine appeals a child support determination based on his income calculation as a business owner. The appellate court reversed because the trial court failed to conduct an evidentiary hearing on Burnstine's exceptions to the general magistrate's report and relied on ins
• Nasser v. Nasser
  975 So. 2d 531· Fla. 4th DCA· 2008-01-30 ·cited 7×
  The personal representative of an estate appeals the denial of attorney's fees under section 57.105, Florida Statutes, and certain deposition costs incurred in connection with estate administration proceedings. The court affirmed both denials, finding that the trial court properl
• Layton E. Norris v. Amie C. Heckerman
  972 So. 2d 1098· Fla. 1st DCA· 2008-01-28 ·cited 7×
  A former husband appealed a trial court's order permitting his ex-wife to relocate with their three minor children from Florida to Chicago. The appellate court affirmed, holding that the trial court properly applied Florida's relocation statute and did not abuse its discretion in
• In the Interest of J.B. v. Dep't of Child. & Fam. Servs.
  990 So. 2d 520· Fla. 2d DCA· 2008-01-04 ·cited 7×
  A Florida appellate court affirmed the termination of a mother's parental rights to her daughter based on her failure to appear at the adjudicatory hearing in a dependency case, which constituted implied consent to termination under Florida law. The court found the mother did not
• Adonis Pupo-Diaz v. State
  966 So. 2d 1010· Fla. 2d DCA· 2007-10-12 ·cited 7×
  Adonis Pupo-Diaz appealed the revocation of his probation based on a finding that he knowingly provided false information on a commercial driver's license application. The court reversed, holding that the State failed to prove beyond the greater weight of the evidence that Pupo-D
• Pomeranz v. Ina T. Pomeranz
  961 So. 2d 1068· Fla. 4th DCA· 2007-07-25 ·cited 7×
  Former husband appealed an order granting former wife's motion to compel, which gave her ultimate decision-making authority over the children's health, education, and welfare despite the final judgment providing for shared parental responsibility. The appellate court reversed in
• Bierlin v. Lucibella
  955 So. 2d 1206· Fla. 4th DCA· 2007-05-09 ·cited 7×
  The court held that the trial court abused its discretion in denying attorney's fees under section 57.105 because the plaintiff's claims lacked justiciable issues of fact or law.
• Veltre v. State
  957 So. 2d 47· Fla. 4th DCA· 2007-05-02 ·cited 7×
  Joseph Veltre was convicted of lewd and lascivious exhibition to a child and appealed on grounds that the trial court erred by allowing prejudicial hearsay testimony and denying his motions for mistrial. The Fourth District Court of Appeal affirmed the conviction, finding no abus
• Monroe v. State
  953 So. 2d 31· Fla. 1st DCA· 2007-03-21 ·cited 7×
  Joseph Monroe appeals the revocation of his probation based on alleged violations of two conditions. The appellate court found that the trial court abused its discretion in determining that certain photographs violated a condition prohibiting obscene or sexually explicit material
• H & M Hearing Assocs., LLC v. Nobile
  950 So. 2d 501· Fla. 2d DCA· 2007-03-02 ·cited 7×
  H & M Hearing Associates appeals the trial court's denial of a temporary injunction against former employee Nobile for violating a covenant not to compete. The court reverses and remands because the trial court failed to address whether Nobile's ongoing financial support and guar
• In the Interest of L.C. & L.C. v. Dep't of Child. & Fam. Servs. & Guardian Ad Litem Program
  947 So. 2d 1240· Fla. 2d DCA· 2007-01-31 ·cited 7×
  Mother L.R. appeals a dependency adjudication of her two children based on allegations of domestic violence, failure to protect, substance abuse, and abandonment. The court reverses the adjudication, finding insufficient competent evidence to support a finding that the children w
• Rinaldo Cruz v. Caribbean Spring Vill.
  944 So. 2d 1161· Fla. 3d DCA· 2006-12-13 ·cited 7×
  Rinaldo Cruz appeals a trial court order vacating a final default judgment entered against Caribbean Spring Village. The court affirmed the vacation, finding the client was not personally involved in discovery violations committed by its attorney.
• Antoury v. State
  943 So. 2d 906· Fla. 5th DCA· 2006-12-01 ·cited 7×
  George Antoury appealed his convictions for attempted sexual battery and battery, arguing the trial court erred by excluding evidence about the victim's sexual history and mental illness, restricting cross-examination of the investigating officer, and rebuking his attorney. The F
• Bradley v. S. Baptist Hosp. OF Fla., Inc.
  943 So. 2d 202· Fla. 1st DCA· 2006-10-25 ·cited 7×
  The court denied certiorari, holding that the trial judge did not depart from the essential requirements of law by finding the cause of action sounded in ordinary negligence rather than medical malpractice, thus not requiring presuit notice under chapter 766.
• McGLADE v. State
  941 So. 2d 1185· Fla. 2d DCA· 2006-10-25 ·cited 7×
  The appellate court vacated the trial judge's order denying posttrial release and granted the release, finding the judge abused his discretion by refusing to follow the appellate court's prior directive and by improperly re-evaluating the case.
• Minita Lopez v. Lopez
  920 So. 2d 1165· Fla. 3d DCA· 2006-02-15 ·cited 7×
  The former wife appeals a trial court order terminating her ex-husband's alimony obligation. The court reversed, holding that even where a default judgment was entered against the wife, an evidentiary hearing was required, and the husband's motion—which sought modification, not t
• Dixon v. State
  911 So. 2d 1260· Fla. 4th DCA· 2005-10-05 ·cited 7×·via Abuse Of Discretion Standard For Evidentiary Rulings
  Zachary Dixon was convicted of first-degree murder with a firearm after a second trial (his first conviction was reversed due to Miranda violations). On appeal, Dixon challenges the admission of a statement in which he allegedly said he would "shoot the mother fucker" minutes bef
• Opportunity Funding I, LLC v. Igor Otetchestvennyi
  909 So. 2d 361· Fla. 4th DCA· 2005-07-27 ·cited 7×
  A mortgagee appeals the denial of its motion to vacate a foreclosure sale certificate of title after timely filing an objection that was not docketed until after the certificate was issued. The Fourth District Court of Appeal reversed, holding that the mortgagee's objection was t
• Chavers v. State
  901 So. 2d 409· Fla. 1st DCA· 2005-05-18 ·cited 7×
  The trial court erred in refusing to instruct the jury on the justifiable use of force in self-defense when evidence suggested such a theory.
• Taylor v. Serafina A. Martell
  893 So. 2d 645· Fla. 4th DCA· 2005-02-16 ·cited 7×
  The court held that the trial court did not abuse its discretion in dismissing the complaint with prejudice because the plaintiff perpetrated a fraud on the court.
• Slawinski v. State
  895 So. 2d 483· Fla. 4th DCA· 2005-02-09 ·cited 7×
  The court held that the trial court did not abuse its discretion in allowing a witness to testify via live satellite video when the witness was needed to care for his ailing father and run his business.
• Lavender v. State
  889 So. 2d 882· Fla. 5th DCA· 2004-12-03 ·cited 7×·via Abuse Of Discretion Standard On Appeal
  Daryl Lavender, a sexually violent predator civilly committed under Florida's Jimmy Ryce Act, appealed the trial court's denial of his request for funds to authorize a penile plethysmograph and polygraph examination by his appointed independent expert. The Fifth District Court of
• Bryant v. Bryant
  882 So. 2d 1066· Fla. 5th DCA· 2004-08-27 ·cited 7×
  Sharon Bryant appeals an order denying her petition to relocate her minor child to Louisiana and modifying custody to the father if she did not return to Florida. The appellate court affirmed the denial of relocation but reversed the trial court's requirement that Sharon reside s
• Emilio Delgado v. The Est. OF Dominga Freyre Garriga
  870 So. 2d 912· Fla. 3d DCA· 2004-04-21 ·cited 7×
  Emilio Delgado appeals probate orders denying his motion to strike the personal representative's objection to his claim and granting extensions of time to file objections. The Third District affirms, holding that the orders are appealable under Florida law and that the trial cour
• Thomas v. State
  867 So. 2d 1235· Fla. 5th DCA· 2004-03-12 ·cited 7×
  The court held that the trial court did not err in denying the appellant's request for self-representation because he failed to make an unequivocal request and his disruptive behavior indicated a high potential for trial disruption.
• Williams v. The Palm Beach Cmty. Coll. Found.
  862 So. 2d 917· Fla. 4th DCA· 2003-12-24 ·cited 7×
  The court held that the trial court abused its discretion by denying the plaintiff's motion to amend the complaint to correct a misnomer, as the amendment would relate back to the original filing date.