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

• Orenthal Green v. State
  224 So. 3d 252· Fla. 3d DCA· 2017-07-12 ·cited 6×
  Orenthal Green appeals the revocation of his probation and imposition of life sentences for kidnapping, sexual battery, and armed robbery. The Florida District Court of Appeal affirmed, finding that Green failed to preserve alleged sentencing errors and did not demonstrate fundam
• Clark v. Bluewater Key RV Ownership Park Prop. Owners Ass'n, Inc.
  226 So. 3d 276· Fla. 3d DCA· 2017-05-10 ·cited 6×
  Owners of RV lots in a community association appealed an injunction prohibiting their transient rental business from using work campers and other commercial activities. The court affirmed the injunction, holding that the restrictive covenants clearly prohibited the commercial act
• Armao v. McKenney
  218 So. 3d 481· Fla. 4th DCA· 2017-05-03 ·cited 6×
  Anthony Armao appealed a trial court judgment awarding Russell Turnbull $750,000 based on an oral cohabitation agreement between the unmarried partners. The Fourth District Court of Appeal affirmed the existence of the oral agreement but reversed and remanded the damage award, fi
• Ziruolo v. Ziruolo
  217 So. 3d 1170· Fla. 1st DCA· 2017-04-28 ·cited 6×
  The court held that the trial court erred by failing to make required findings regarding parental responsibility, equitable distribution of marital assets, and child support calculations.
• Icmfg & Assocs., Inc. v. The Bare Bd. Grp., Inc.
  238 So. 3d 326· Fla. 2d DCA· 2017-03-17 ·cited 6×
  ICMfg and Associates appealed a judgment awarding damages to The Bare Board Group for breach of fiduciary duty and tortious interference. The court upheld sanctions striking appellants' pleadings for fraud on the court but reversed lost profits damages, holding that a default on
• Willson v. BIG Lake P'rs, LLC
  211 So. 3d 360· Fla. 4th DCA· 2017-03-01 ·cited 6×·via Abuse Of Discretion Standard For Evidence Admission
  In this breach of contract and slander of title case, the trial court initially excluded expert testimony regarding lost profits due to late disclosure, but then reversed itself on rehearing and admitted the excluded evidence to award damages. The appellate court held this consti
• Hollis v. Massa
  211 So. 3d 266· Fla. 4th DCA· 2017-01-25 ·cited 6×
  Luis Hollis sought a writ of mandamus to compel his court-appointed appellate counsel to provide trial transcripts and appellate records obtained at public expense. The trial court denied the petition without an evidentiary hearing, but the appellate court reversed, holding that
• In re the Name Change of Evan James Zimmer
  207 So. 3d 1006· Fla. 4th DCA· 2017-01-04 ·cited 6×
  Evan James Zimmer petitioned to change his name to Simon James Templar but the trial court denied the request based on his criminal history and unpaid judgments. The appellate court reversed and remanded, holding that a facially sufficient name-change petition cannot be denied me
• Denton Robinson v. State
  211 So. 3d 59· Fla. 4th DCA· 2017-01-04 ·cited 6×
  Denton Robinson appeals his conviction for three counts of sexual battery on a child, challenging jury instructions and prosecutorial closing arguments. Although the appellate court found the prosecutor made several impermissible comments that inflamed the jury's emotions and imp
• Gen. Emps. Ins. Co. v. Lauri Isaacs
  206 So. 3d 62· Fla. 4th DCA· 2016-12-07 ·cited 6×
  GEICO appealed a jury verdict awarding $750,000 ($690,000 after setoffs) in an uninsured motorist case, challenging the $360,000 award for future medical expenses as excessive and unsupported by evidence. The appellate court affirmed the award for shoulder surgery ($50,000) and a
• G4S Secure Solutions USA, Inc. v. Taliya Golzar
  208 So. 3d 204· Fla. 3d DCA· 2016-11-09 ·cited 6×
  G4S Secure Solutions USA, Inc. appeals a jury verdict awarding damages to Taliya Golzar for negligent hiring, retention, and supervision after a security guard hired by G4S secretly videotaped her in a state of undress. The Florida Third District Court of Appeal reverses, holding
• Bernardino Cabrera v. State
  206 So. 3d 768· Fla. 1st DCA· 2016-11-09 ·cited 6×
  Bernardino Cabrera appealed his conviction for sexual battery on a child under twelve, challenging the trial court's admission of the child victim's hearsay statements from a forensic interview. The court affirmed, holding that the trial court properly admitted the statements und
• Infiniti Emp. Solutions, Inc. v. MS Liquidators OF Ariz., LLC
  204 So. 3d 550· Fla. 5th DCA· 2016-11-04 ·cited 6×
  Infiniti Employment Solutions appealed the trial court's denial of its motions for attorney's fees and delay damages under section 57.105, Florida Statutes. The court reversed, finding that the trial court applied an outdated standard for evaluating frivolous defenses and that th
• Aaoep USA, Inc. v. PEX German OE Parts, LLC
  202 So. 3d 470· Fla. 1st DCA· 2016-11-04 ·cited 6×
  AAOEP USA challenged a trial court's non-final order granting a temporary injunction against it while reserving damages determinations for later. The appellate court affirmed the injunction itself but reversed the nominal $100 bond amount as inadequate, remanding for a proper bon
• Diaz v. Home Depot USA, Inc.
  196 So. 3d 504· Fla. 3d DCA· 2016-07-13 ·cited 6×
  The appellate court affirmed the trial court's dismissal of the complaint with prejudice, finding no abuse of discretion in dismissing the action for fraud on the court.
• Clautide Jean-Pierre v. Glaberman
  192 So. 3d 613· Fla. 4th DCA· 2016-05-25 ·cited 6×
  Homeowners appealed a foreclosure judgment, writ of bodily attachment, and attorney's fees award. The court affirmed the foreclosure and attachment orders but reversed the attorney's fees award because the trial court failed to make detailed written findings explaining the basis
• Serbousek v. Lucas
  191 So. 3d 539· Fla. 5th DCA· 2016-05-20 ·cited 6×·via Abuse Of Discretion Standard For Attorney'S Fees
  Former Wife appealed a final judgment dissolving a 38-year marriage, challenging the equitable distribution, permanent periodic alimony award of $2,000/month, denial of retroactive alimony, and denial of attorney's fees. The appellate court affirmed the alimony and attorney's fee
• Deutsche Bank Nat'l Tr. Co. v. Alaqua Prop.
  190 So. 3d 662· Fla. 5th DCA· 2016-04-22 ·cited 6×·via Abuse Of Discretion Standard For Evidence Admission
  Deutsche Bank sought to foreclose a mortgage and needed to admit a promissory note into evidence at trial. The trial court ruled the note was hearsay and could only be admitted under the business records exception, which Bank failed to establish. The appellate court reversed, hol
• Kelley v. Kelley
  177 So. 3d 292· Fla. 4th DCA· 2015-09-30 ·cited 6×
  Former Husband appeals a Final Judgment of Dissolution of Marriage, challenging the denial of closing argument, asset distribution, alimony award, and child support calculation. The Fourth District affirms the denial of closing argument and child support calculation but reverses
• Cantore v. W. Boca Med. Ctr., Inc.
  174 So. 3d 1114· Fla. 4th DCA· 2015-09-24 ·cited 6×·via Abuse Of Discretion Standard For Evidentiary Rulings
  Parents appealed a jury verdict defending hospitals in a medical malpractice suit after their daughter suffered permanent brain damage from herniation during transfer to a pediatric neurosurgeon. The court affirmed, holding that testimony from the consulting neurosurgeon regardin
• Airsman v. Airsman
  179 So. 3d 342· Fla. 2d DCA· 2015-09-09 ·cited 6×
  A petition to change a minor child's surname over a parent's objection must be supported by competent, substantial evidence demonstrating that the change is in the child's best interest or necessary for the child's welfare; parental convenience and desire to distance the child fr
• Gangapersad Ramroop v. State
  174 So. 3d 584· Fla. 5th DCA· 2015-09-04 ·cited 6×
  Gangapersad Ramroop was convicted of first-degree murder, attempted second-degree murder, and discharging a firearm from a vehicle. The Fifth District Court of Appeal affirmed most convictions but reversed the attempted second-degree murder sentence because the jury instruction f
• Cardona v. Nationstar Mortg., LLC
  174 So. 3d 491· Fla. 4th DCA· 2015-08-19 ·cited 6×
  The trial court erred in allowing a bank employee to testify about the contents of business records not introduced into evidence to prove the bank's possession of the note.
• The Bank OF NEW York Mellon v. Kossis
  165 So. 3d 793· Fla. 4th DCA· 2015-05-27 ·cited 6×
  The Bank of New York Mellon appealed the dismissal of its foreclosure action imposed as a sanction for discovery violations. The Fourth District Court of Appeal reversed, holding that the trial court failed to make the requisite written findings of fact and failed to consider the
• Mohler v. State
  165 So. 3d 773· Fla. 2d DCA· 2015-05-22 ·cited 6×·via Abuse Of Discretion Standard For Evidentiary Rulings
  Stephen Mohler appeals his conviction for felony battery, claiming self-defense. The appellate court reversed and remanded for a new trial because the trial court improperly excluded evidence of the victim's prior violent acts, which was material to Mohler's self-defense claim.
• Wells Fargo Bank, N.A. v. Donaldson
  165 So. 3d 40· Fla. 3d DCA· 2015-05-06 ·cited 6×
  The court held that a party is not precluded from relief from technical admissions made by failing to timely respond to requests for admissions if the record contains evidence contradicting those admissions.
• Filomena Ruffa v. Saftpay, Inc.
  163 So. 3d 711· Fla. 3d DCA· 2015-04-29 ·cited 6×
  Filomena Ruffa appealed the trial court's denial of her motion for attorney's fees and costs following a judgment in her favor on a breach of contract claim for unpaid bonuses. The court affirmed, holding that under Florida Statute § 448.08, a trial court has discretionary author
• Meadowbrook Meat Co. v. Catinella
  196 So. 3d 373· Fla. 2d DCA· 2015-02-11 ·cited 6×
  Meadowbrook Meat Company appeals an order granting a new trial after a jury verdict in its favor in a negligence case involving a trip and fall on a malfunctioning dock leveler. The appellate court affirms the trial court's decision to grant the new trial based on evidence destru
• Foche Mortg., LLC v. Citimortgage, Inc.
  163 So. 3d 525· Fla. 3d DCA· 2015-02-11 ·cited 6×
  Foche Mortgage appeals a trial court's order vacating a final summary judgment in its favor. The appellate court reverses because CitiMortgage's motion to vacate was filed under the wrong rule and was untimely under the applicable rule, divesting the trial court of jurisdiction t
• Nivia Lascaibar v. Lascaibar
  156 So. 3d 547· Fla. 3d DCA· 2015-01-21 ·cited 6×
  The trial court abused its discretion by denying the mother's exceptions regarding prejudgment interest on child support arrears that accrued after a 2010 order mandating such interest.
• Ayra v. Ayra
  148 So. 3d 142· Fla. 2d DCA· 2014-10-01 ·cited 6×
  Diana Ayra appealed a final judgment dissolving her marriage to Osvaldo Ayra, challenging the trial court's denial of permanent alimony, failure to allocate uncovered child medical expenses, and other relief. The appellate court reversed on the alimony and medical expense issues,
• Kahlifi McGEE v. McGEE
  145 So. 3d 955· Fla. 1st DCA· 2014-08-26 ·cited 6×
  The court held that the trial court erred in transferring venue to Miami-Dade County because it was not a county where the action could have initially been brought.
• Pierson Villalobos v. State
  143 So. 3d 1042· Fla. 3d DCA· 2014-07-23 ·cited 6×
  Pierson Villalobos appeals his DUI manslaughter conviction, challenging the trial court's refusal to dismiss juror Arvidson who failed to disclose during voir dire that he had a four-year business relationship with and personal connections to a key state witness (blood analyst Jo
• Piggott v. State
  140 So. 3d 666· Fla. 4th DCA· 2014-06-04 ·cited 6×
  Brian Piggott was convicted of aggravated battery with a deadly weapon for striking a victim with his automobile. The Fourth District Court of Appeal reversed his conviction, holding that the trial court erred in denying his request for a jury instruction on reckless driving as a
• Minty v. Meister Fin. Grp., Inc.
  132 So. 3d 373· Fla. 4th DCA· 2014-02-12 ·cited 6×
  On remand from a prior appeal, the Fourth District reversed the circuit court's order disbursing funds held in the court registry to the lender, finding that the modification of the temporary injunction effectively granted permanent relief without a trial on the borrower's inextr
• Quawn M. Franklin v. State
  137 So. 3d 969· Fla.· 2014-01-16 ·cited 6×
  Quawn Franklin appealed the denial of his Rule 3.851 motion for postconviction relief and filed a habeas petition challenging his first-degree murder conviction and death sentence. The Florida Supreme Court affirmed the trial court's denial of all relief, finding no competency is
• Edward I. Golden as Curator of the Estate of Katherine Jones v. Jones
  126 So. 3d 390· Fla. 4th DCA· 2013-10-30 ·cited 6×
  The Fourth District Court of Appeal reversed a trial court's order striking a creditor's claim against a decedent's estate as untimely, holding that if a known or reasonably ascertainable creditor is never served with notice to creditors, the statutory limitations period never be
• Duncan-Osiyemi v. Olayemi Osiyemi
  117 So. 3d 882· Fla. 4th DCA· 2013-07-24 ·cited 6×
  The appellate court held that the trial court abused its discretion in denying the wife any award of attorney's fees, as the husband had the ability to pay and denial would inequitably diminish the wife's assets.
• Hall v. R.J. Reynolds Tobacco Co.
  118 So. 3d 847· Fla. 3d DCA· 2013-06-19 ·cited 6×
  Hall and his wife appealed a trial court order transferring their tobacco litigation case from Miami-Dade County to Orange County Circuit Court. The appellate court affirmed the transfer, finding that Orange County was the proper venue as the plaintiffs were Orange County residen
• Wells Fargo Bank v. Chatham
  114 So. 3d 1062· Fla. 1st DCA· 2013-06-05 ·cited 6×
  A trial court abuses its discretion when it dismisses a foreclosure complaint for failure to file an amended complaint four days late when the plaintiff demonstrates good cause for the delay, the defendant suffered no prejudice, and dismissal is an unnecessarily draconian sanctio
• Howard v. Basil Palmer & Groupware Int'l, Inc.
  123 So. 3d 1171· Fla. 4th DCA· 2013-03-13 ·cited 6×
  In a negligence action arising from a vehicle collision, the appellate court reversed the trial court's denial of a new trial, finding that defense counsel's violation of a pretrial order excluding evidence of when the plaintiff contacted an attorney, combined with other improper
• Juliann Guerrero v. State
  125 So. 3d 811· Fla. 4th DCA· 2013-03-13 ·cited 6×
  A defendant was convicted of trespass after the prosecutor extensively used and highlighted the defendant's alleged use of racial slurs against a law enforcement officer throughout trial, despite the trial court's denial of a motion in limine to exclude such evidence. The appella
• Avalon Legal Info. Servs., Inc. v. Keating
  110 So. 3d 75· Fla. 5th DCA· 2013-03-08 ·cited 6×
  Avalon Legal Information Services and Judy Schneider appealed a temporary injunction enjoining them from violating a non-compete/non-solicitation covenant in favor of Gerard Keating. The court affirmed the injunction and bond amount but remanded for modification of the injunction
• Dybalski v. Dybalski
  108 So. 3d 736· Fla. 5th DCA· 2013-03-08 ·cited 6×
  In this family law appeal, the Fifth District Court of Appeal reversed an award of attorney's fees to a former wife, finding that the former husband's withdrawal of a custody modification petition did not constitute sufficiently vexatious or frivolous conduct to justify the fee a
• Demetrice Armicle McNEAL v. State
  109 So. 3d 268· Fla. 1st DCA· 2013-02-28 ·cited 6×
  Under Florida Statute § 90.803(5), a witness's written statement qualifies as past recollection recorded and may be admitted even if the witness cannot testify to its accuracy, provided other evidence establishes it was made when the matter was fresh in the witness's memory and c
• Jenkins v. State
  107 So. 3d 555· Fla. 1st DCA· 2013-02-27 ·cited 6×
  A statement by a witness that he saw a person named 'Richard' riding a bicycle on the street is not a qualifying statement of identification under section 90.801(2)(c), Florida Statutes, because the witness was not present during or soon after the crime and did not identify the p
• Deutsche Bank Nat'l Tr. Co. v. LGC
  107 So. 3d 486· Fla. 2d DCA· 2013-02-13 ·cited 6×
  Deutsche Bank appealed the dismissal with prejudice of its foreclosure action against LGC for violating a discovery order. The Second District Court of Appeal reversed, holding that dismissal with prejudice was an abuse of discretion as an excessive sanction for a single discover
• Alberto Gonzalez-Gomez, M.D. v. Dep't OF Health
  107 So. 3d 1139· Fla. 3d DCA· 2012-12-19 ·cited 6×
  The appellate court affirmed the Board of Medicine's revocation of the doctor's license, finding no abuse of discretion in the penalty imposed.
• Powell v. Madison Cnty. Sheriff's Dep't
  100 So. 3d 753· Fla. 1st DCA· 2012-11-07 ·cited 6×
  The trial court did not abuse its discretion in dismissing the action for failure to serve process within the time specified by Rule 1.070(j), Florida Rules of Civil Procedure.
• Antoine Faust v. State
  95 So. 3d 421· Fla. 4th DCA· 2012-08-15 ·cited 6×·via Abuse Of Discretion Standard For Evidentiary Rulings
  Antoine Faust appeals his first-degree murder conviction, challenging the admission of his prior violent acts toward his ex-girlfriend, statements from a family friend witness, and jail phone recordings. The Fourth District Court of Appeal affirms, finding all three categories of