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

• United States v. Gonzalez
  71 F.4th 881· 11th Cir.· 2023-06-21 ·cited 6×
  A sentence imposed upon revocation of supervised release is eligible for a reduction under § 404(b) of the First Step Act if the underlying crime is a covered offense. However, the district court did not abuse its discretion in denying the reduction based on the defendant's conti
• Bass
  Del.· 2023-06-20 ·cited 6×
  The Delaware Supreme Court affirmed the Superior Court's denial of Alan Bass's seventh motion for postconviction relief. The Court held that while the USDOJ/FBI disclosures regarding the limitations of microscopic hair comparison (MHC) analysis constituted new evidence, Bass fail
• Eadie v. Gillis
  363 So. 3d 1115· Fla. 5th DCA· 2023-06-16 ·cited 6×
  A trial court does not abuse its discretion or violate due process by awarding compensatory timesharing when the father's motion requested makeup timesharing for all denied time, his hearing testimony clearly articulated the specific makeup timesharing sought, and the mother fail
• Adalberto Vega v. Citizens Prop. Ins. Corp.
  Fla. 3d DCA· 2023-03-15 ·cited 6×
  Summary judgment was properly granted to the insurance company because the policy language was clear and unambiguous and required interpretation according to its plain meaning.
• United States v. Vinath Oudomsine
  57 F.4th 1262· 11th Cir.· 2023-01-18 ·cited 6×
  The Eleventh Circuit affirmed the defendant's sentence, holding that the district court adequately explained the upward variance and that the sentence was both procedurally and substantively reasonable.
• United States v. F.E.B. Corp.
  52 F.4th 916· 11th Cir.· 2022-11-01 ·cited 6×
  The Eleventh Circuit considered whether Wisteria Island, created by the United States through dredging operations in Key West Harbor in the 1920s and 1940s, fell within the Submerged Lands Act's exception for lands "filled in, built up, or otherwise reclaimed by the United States
• Hassenplug v. Hassenplug
  346 So. 3d 149· Fla. 2d DCA· 2022-06-29 ·cited 6×
  The appellate court reversed a trial court's decision to end a child's homeschooling and require public schooling, finding the record lacked evidence of the child's best interests. The court emphasized that decisions regarding a child's education must prioritize their best intere
• Roberson v. Junior
  46 Fla. L. Weekly D2572· Fla. 3d DCA· 2022-03-16 ·cited 6×
  A trial court does not abuse its discretion in denying pretrial bond when the state establishes proof of guilt is evident or presumption of guilt is great, and the defendant fails to present evidence of conditions that would assure his presence at trial and protect the community.
• Progressive Select Ins. Co. v. Kagan Jugan & Assocs., P. A.
  46 Fla. L. Weekly S379· Fla. 2d DCA· 2022-03-02 ·cited 6×
  The appellate court reversed a trial court's denial of an attorney's fee motion. The trial court had found that an offer of judgment made by Progressive Select Insurance Company was not in good faith, thus denying Progressive's request for attorney's fees under Florida's offer of
• MidAmerica C2L Inc. v. Siemens Energy, Inc.
  25 F.4th 1312· 11th Cir.· 2022-02-15 ·cited 6×
  Secure Energy and its subsidiary MidAmerica sued Siemens for breach of contract and fraud after Siemens exited the coal gasification market, claiming Siemens's equipment was defective and failed to disclose known problems. The Eleventh Circuit affirmed summary judgment in Siemens
• Buzby v. Turtle Rock Cmty. Ass'n, Inc.
  333 So. 3d 250· Fla. 2d DCA· 2022-01-05 ·cited 6×
  The appellate court reversed a lower court's decision to award an attorney an expert witness fee and expenses. The court held that the attorney, who testified about his own work on a case, was a fact witness, not an expert witness, and thus not entitled to such fees under the rel
• Nationstar Mortg. LLC v. Farshadi Faramarz
  275 So. 3d 668· Fla. 4th DCA· 2021-12-15 ·cited 6×
  A borrower who prevails in a foreclosure action is entitled to recover prevailing party attorney's fees under section 57.105(7) when the lender establishes standing at trial but not at the time suit was filed, provided contractual privity between the parties is demonstrated throu
• Zavion Alahad v. State
  Fla. 4th DCA· 2021-09-01 ·cited 6×
  A show-up identification was not obtained through unnecessarily suggestive police procedures where law enforcement, having received a reliable tip identifying the defendant by name, presented only the named suspect to the eyewitness and did not misleadingly emphasize that he matc
• Misael Gomez Lizardi and Tanya Torres Gomez v. Federated Nat'l Ins. Co.
  322 So. 3d 184· Fla. 2d DCA· 2021-06-11 ·cited 6×
  The appellate court reversed a trial court's order on attorneys' fees, finding that the trial court failed to make specific findings justifying its reduction of the requested hourly rate and hours billed, as required by Florida law. The court also found that the trial court erred
• United States v. Cook
  998 F.3d 1180· 11th Cir.· 2021-05-27 ·cited 6×
  The Eleventh Circuit held that a district court abuses its discretion by denying a motion for compassionate release without demonstrating consideration of the applicable factors under 18 U.S.C. § 3553(a).
• Quest Diagnostics, Inc. v. Cheri Haynie
  320 So. 3d 171· Fla. 4th DCA· 2021-04-28 ·cited 6×
  A defendant seeking to vacate a default must demonstrate excusable neglect, a meritorious defense, and due diligence in seeking relief; where all three elements are established, Florida's strong policy favoring resolution on the merits requires vacation of the default.
• Chiscul v. Hernandez
  311 So. 3d 55· Fla. 4th DCA· 2021-02-10 ·cited 6×
  A permanent domestic violence injunction must be supported by competent, substantial evidence that the petitioner has an objectively reasonable apprehension of imminent danger of domestic violence. Testimony of pre-separation incidents and post-separation non-violent contact, wit
• Meryl M. Lanson v. Justus W. Reid
  314 So. 3d 385· Fla. 3d DCA· 2020-11-04 ·cited 6×
  A trial court does not abuse its discretion in awarding section 57.105 attorney's fees where it holds an entitlement hearing, finds the losing party's claims were legally meritless and frivolous, and provides the losing party an opportunity to contest fee items through a Standing
• Ward v. State
  306 So. 3d 1004· Fla. 3d DCA· 2020-07-29 ·cited 6×
  This case consolidates two appeals by Anthony Ward. In one, the court remands for a written probation revocation order. In the other, the court affirms the denial of a mistrial motion, finding that a witness's inadvertent reference to a "KKK47" did not prejudice the trial.
• Regions Bank v. BIG Bend Inv. Grp. of Fla., LLC
  311 So. 3d 181· Fla. 2d DCA· 2020-07-24 ·cited 6×
  This case involves a bank's attempt to collect on a loan. After years of litigation, the guarantors sought to vacate a final judgment, arguing they were denied due process. The appellate court reversed the lower court's decision to vacate the judgment, finding that the judgment w
• Santiago v. Leon
  299 So. 3d 1114· Fla. 3d DCA· 2020-01-02 ·cited 6×·via Abuse Of Discretion Standard For Injunctions
  The appellate court reversed a permanent stalking injunction against Luis Santiago, finding insufficient evidence that his actions met the statutory definition of stalking. The court emphasized that the conduct must be willful, malicious, and repeated, and directed at the specifi
• Galvan v. Dep't of Health
  285 So. 3d 975· Fla. 3d DCA· 2019-11-20 ·cited 6×
  The appellate court reversed the permanent revocation of a nurse's license, finding that the Board of Nursing erred by not allowing a formal hearing to determine if the nurse's guilty plea to a kickback scheme was directly related to the practice of nursing. The court emphasized
• Umana v. Citizens Prop. Ins. Corp.
  282 So. 3d 933· Fla. 3d DCA· 2019-09-25 ·cited 6×
  The appellate court affirmed a trial court's summary judgment for an insurer in a residential insurance dispute. The court found that the insureds failed to provide a transcript of the hearing where their counter-affidavit was struck, preventing review of that decision. The court
• Fast Funds, Inc. v. Aventura Orthopedic Care Ctr.
  279 So. 3d 168· Fla. 4th DCA· 2019-09-18 ·cited 6×
  Fast Funds, Inc. appeals a trial court's denial of its Rule 1.530 motion for reconsideration in a declaratory judgment action over equitable distribution of a bodily injury award. Fast Funds failed to appear at a September 24, 2018 hearing due to a clerical calendaring error and
• United States v. Feldman
  936 F.3d 1288· 11th Cir.· 2019-08-30 ·cited 6×·via Abuse Of Discretion Standard For Severance
  Dr. Edward Feldman, a physician, and his wife Kim were convicted of conspiring to distribute controlled substances without legitimate medical purpose, conspiring to commit money laundering, and related offenses, with Dr. Feldman also convicted of distributing drugs that resulted
• Rinconcito Latino Cafeteria, Inc. v. Ocampos
  276 So. 3d 525· Fla. 3d DCA· 2019-08-07 ·cited 6×
  The appellate court reversed a trial court's decision to set aside a dismissal for lack of prosecution. The court held that the trial court erred by not conducting an evidentiary hearing before granting the motion to set aside the dismissal.
• Chetu, Inc. v. Franklin First Fin., Ltd
  276 So. 3d 39· Fla. 4th DCA· 2019-07-17 ·cited 6×
  A party seeking to vacate a default final judgment must demonstrate: (1) excusable neglect for failing to file a responsive pleading, (2) a meritorious defense, and (3) due diligence in seeking relief upon learning of the judgment. Franklin First failed to meet the first and thir
• Williamson v. Brevard Cnty.
  928 F.3d 1296· 11th Cir.· 2019-07-08 ·cited 6×
  Brevard County violated the Establishment Clause by discriminating among religions when selecting speakers to deliver opening invocations at Board meetings, as individual Commissioners exercised unchecked discretion to favor certain monotheistic religions while categorically excl
• In re Application of Dep't OF Caldas v. Diageo PLC
  925 F.3d 1218· 11th Cir.· 2019-06-03 ·cited 6×
  The Eleventh Circuit held that district courts need not apply a rigid burden-shifting framework to weigh the discretionary factor of receptivity in a § 1782 case, and can look to both parties for evidence on the issue. The court also affirmed the district court's partial grant of
• Godwin v. Godwin
  273 So. 3d 16· Fla. 4th DCA· 2019-05-15 ·cited 6×
  Chad Godwin appeals a trial court order adjudicating him in contempt of a marital settlement agreement regarding shared parental responsibility for minor children. The Former Husband contests both the contempt finding and the denial of attorney's fees, arguing the judgment lacked
• Morrill v. State
  268 So. 3d 160· Fla. 4th DCA· 2019-04-03 ·cited 6×
  Robert Morrill appealed his guilty plea conviction for dealing in stolen property, false ownership, grand theft, and possession of a controlled substance, challenging the trial court's restitution award of $2,200 for a stolen eighteen-karat gold Gucci necklace. The appellate cour
• Project v. Kemp
  918 F.3d 1262· 11th Cir.· 2019-03-21 ·cited 6×
  In this consolidated appeal, the Eleventh Circuit considered whether Georgia's absentee voting procedures violated procedural due process by rejecting mail-in ballots with perceived signature mismatches without providing notice, an opportunity to be heard, or a chance to appeal b
• Rawson v. Rawson
  264 So. 3d 325· Fla. 1st DCA· 2019-02-04 ·cited 6×
  The trial court did not abuse its discretion in awarding the former wife the former husband's 45% marital share of her military pension as permanent lump sum alimony, as the court made sufficient findings of special necessity and unusual circumstances, including the former husban
• Davis v. Bailynson
  268 So. 3d 762· Fla. 4th DCA· 2019-01-30 ·cited 6×
  Under section 57.105(3)(c), a fee motion based on section 57.105(1)(b) may be brought solely against an attorney and not the client, because the statute prohibits sanctions against a represented party when the basis is lack of legal support. When a single count asserts multiple d
• Elida A. Flores-Panameno v. U.S. Attorney General
  913 F.3d 1036· 11th Cir.· 2019-01-22 ·cited 6×
  The court held that while the IJ's reconstruction of the record may be relied upon, its completeness is uncertain, preventing a full assessment of the petitioner's voluntariness.
• Chalmers v. Chalmers
  259 So. 3d 878· Fla. 4th DCA· 2018-11-28 ·cited 6×
  The appellate court affirmed a circuit court's decision granting a former husband's request to relocate with the parties' minor child. The court applied the mixed standard of review applicable to relocation cases under Florida law, reviewing the legal application of the relocatio
• Deutsche Bank v. Sombrero Beach Road
  260 So. 3d 424· Fla. 3d DCA· 2018-11-28 ·cited 6×
  Deutsche Bank appeals the dismissal with prejudice of its foreclosure action, which the trial court imposed as a sanction for alleged repeated failures to comply with court orders. The appellate court reverses and remands, holding that the trial court must conduct an evidentiary
• Hermane Thomany v. State
  252 So. 3d 256· Fla. 4th DCA· 2018-07-18 ·cited 6×
  A trial court does not abuse its discretion in imposing time limits on voir dire when the time allowed is sufficient for a reasonable examination of prospective jurors and counsel uses the allocated time inefficiently for purposes other than assessing juror qualifications. While
• Wallace v. Keldie
  249 So. 3d 747· Fla. 1st DCA· 2018-06-13 ·cited 6×
  A trial court has inherent authority to dismiss an action with prejudice based on fraud on the court when clear and convincing evidence demonstrates that a party has provided false testimony concerning matters directly bearing on the central issues of the case. Fraud on the court
• Johnson v. State
  247 So. 3d 698· Fla. 1st DCA· 2018-05-25 ·cited 6×
  A trial court does not abuse its discretion in denying an amended rule 3.850 motion filed outside the two-year postconviction relief window when the amendment raises new claims of ineffective assistance of counsel rather than merely enlarging or providing new information to suppo
• Gonzalez v. Coconut Key Homeowners Assoc., Inc.
  246 So. 3d 428· Fla. 4th DCA· 2018-05-09 ·cited 6×
  A party who obtains affirmative equitable relief and prevails on significant issues in litigation is the prevailing party entitled to attorney's fees and costs under Florida law, even if the jury awards zero monetary damages on a related breach claim.
• Castillo v. State
  244 So. 3d 1098· Fla. 4th DCA· 2018-04-18 ·cited 6×
  A defendant may not be convicted of a crime for which he was not charged, and a sentence that exceeds the statutory maximum for the offense violates due process and must be corrected on remand. A trial court does not abuse its discretion in declining to conduct a competency heari
• Gaspar's Passage v. Racetrac Petroleum, Inc.
  243 So. 3d 492· Fla. 2d DCA· 2018-04-04 ·cited 6×
  A trial court violates procedural due process and abuses its discretion when it rules on a discovery cutoff issue that was not properly noticed for hearing and served on the opposing party. A trial court must conduct a prejudice analysis under Binger v. King Pest Control before e
• Radosevich v. Bank of N.Y. Mellon
  245 So. 3d 877· Fla. 3d DCA· 2018-04-04 ·cited 6×
  A trial court may reconsider an interlocutory entitlement order for attorney's fees to determine whether post-judgment events altered a party's status as the prevailing party, but must base such determination on an adequate record with testimony and evidence, not mere counsel arg
• Duquesne v. State
  242 So. 3d 1183· Fla. 3d DCA· 2018-04-04 ·cited 6×
  Andres Ambrosio Duquesne appeals the revocation of his probation and ten-year prison sentence. Although the appellate court found that some alleged violations were not proven, it affirmed the trial court's revocation based on substantial violations that were supported by the reco
• Desantis v. State
  240 So. 3d 751· Fla. 4th DCA· 2018-03-21 ·cited 6×
  The defendant, age 17, was convicted of manslaughter and other firearm offenses after accidentally shooting a friend. The trial court sentenced him to 124.8 months in accordance with sentencing guidelines, explicitly stating a policy of not imposing youthful offender sentences in
• Jackson v. Household Fin. Corp. I I I
  236 So. 3d 1170· Fla. 2d DCA· 2018-01-31 ·cited 6×
  Testimony by an HSBC Assistant Vice President that the company regularly maintained mortgage loan records at or near the time of events, by persons with knowledge, in the ordinary course of business satisfied the foundation requirements for the business records exception to hears
• A.P. v. Dep't of Child. & Families
  230 So. 3d 3· Fla. 4th DCA· 2017-11-01 ·cited 6×
  A.P., a licensed mental health counselor disqualified from working with children and vulnerable adults due to a 1998 indecent exposure conviction, appealed the Department of Children and Families' denial of an exemption. The court reversed and remanded, finding the Secretary abus
• Roop v. State
  228 So. 3d 633· Fla. 2d DCA· 2017-10-04 ·cited 6×
  Devin Roop appeals his convictions for throwing a deadly missile at an occupied vehicle and criminal mischief. The key issue is whether the trial court properly admitted a 911 recording in which the victim identified Roop as the perpetrator under the excited utterance exception t
• Lukacs v. ICE
  227 So. 3d 222· Fla. 1st DCA· 2017-09-29 ·cited 6×
  Father appeals final paternity judgment establishing him as biological father of three children, awarding mother majority timesharing and relocation rights, and setting child support. The appellate court affirms, rejecting arguments that the trial court improperly adopted mother'