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

• US Acquisition, LLC v. Tabas
  87 So. 3d 1229· Fla. 4th DCA· 2012-05-23 ·cited 6×
  US Acquisition and Tabas Freedman appealed competing orders regarding an attorney's charging lien on an aircraft. The court held that because Tabas Freedman failed to record its charging lien with the FAA as required by federal law, the lien was not perfected and therefore invali
• JP Morgan Chase Bank v. Jurney
  86 So. 3d 1182· Fla. 2d DCA· 2012-04-27 ·cited 6×
  The court held that the trial court abused its discretion by sanctioning the plaintiff without notice or opportunity to be heard for an understandable misunderstanding of a rule amendment's effective date.
• Cole D. Fahey v. Fahey
  213 So. 3d 999· Fla. 1st DCA· 2012-03-18 ·cited 6×
  Cole Fahey appeals a trial court order denying his motion for relief from a divorce judgment that incorporated the parties' stipulation that he was not the biological father of the child born during the marriage. The court affirmed, holding that the stipulation was a paternity de
• Robertson v. Robertson
  78 So. 3d 76· Fla. 5th DCA· 2012-01-20 ·cited 6×·via Abuse Of Discretion In Denying Continuance
  The appellate court reversed a final judgment of dissolution of marriage, finding that the trial court abused its discretion by denying the former wife's motion to continue the trial. This denial prevented her from presenting expert testimony on the enhanced value of a website bu
• Duss v. Martin A. Garcia, M.D.
  80 So. 3d 358· Fla. 1st DCA· 2012-01-06 ·cited 6×
  In this medical malpractice appeal, the Florida District Court of Appeal affirmed a jury verdict in favor of an obstetrician and his practice, finding that the trial court properly excluded certain expert testimony and did not improperly allow bolstering of defense expert opinion
• Margarette R. Vilvar v. Deutsche Bank Tr. Co. Americas formerly known as Banker's Tr. Co.
  83 So. 3d 853· Fla. 4th DCA· 2011-12-21 ·cited 6×
  Margarette Vilvar appealed the denial of her motion to vacate a foreclosure judgment, claiming the bank's affidavit was inaccurate, constituted hearsay, and failed to comply with procedural rules. The Fourth District Court of Appeal affirmed, holding that Vilvar's general fraud a
• Berrios v. Deuk Spine
  76 So. 3d 967· Fla. 5th DCA· 2011-11-18 ·cited 6×
  Michael Berrios appeals the trial court's dismissal of his counterclaim seeking declaratory relief against his negligence plaintiff's healthcare provider, Deuk Spine. The Fifth District affirmed, holding that Berrios's challenge to the reasonableness and legality of medical bills
• Foster Rayfield Leon v. State
  68 So. 3d 351· Fla. 1st DCA· 2011-08-23 ·cited 6×·via Abuse Of Discretion Standard For Evidence Admission
  Foster Leon appeals his conviction for attempted second-degree murder and kidnapping, challenging the trial court's admission of evidence of his flight from Jacksonville to New Orleans and various witness testimony regarding statements he made. The appellate court affirmed the co
• Cent. Square Tarragon LLC v. Great Divide Ins. Co.
  82 So. 3d 911· Fla. 4th DCA· 2011-07-06 ·cited 6×
  Central Square Tarragon, the assignee of insurance proceeds, appeals a verdict in favor of the insurer on a hurricane damage claim. The court reverses, finding that the trial court improperly abandoned a joint pretrial stipulation that bound the parties to the existence of a vali
• America's Yate de Costa Rica v. Armco Mfg., Inc.
  82 So. 3d 882· Fla. 4th DCA· 2011-06-22 ·cited 6×
  America's Yate de Costa Rica appealed a final judgment entered after its pleadings were struck for failure to respond to discovery. The Fourth District reversed, holding that the defendant established excusable neglect because it lacked notice of discovery deadlines when court-or
• Sch. Dist. OF Indian River Cnty. v. Fla. Pub. Emps. Relations Comm'n & Indian River Cnty. Educ. Ass'n
  64 So. 3d 723· Fla. 4th DCA· 2011-06-15 ·cited 6×
  The School District of Indian River County appealed the Florida Public Employees Relations Commission's finding that it committed an unfair labor practice by refusing to impact bargain over a new policy requiring teachers to submit lesson plans electronically. The court affirmed
• The PEP Boys v. Bievenida Montilla
  62 So. 3d 1162· Fla. 4th DCA· 2011-06-01 ·cited 6×
  The Fourth District Court of Appeal reversed a trial court's denial of defendants' motion to transfer venue in a wrongful death case arising from a vehicular accident in Sarasota County. The court held that under Florida's forum non conveniens statute, the convenience of witnesse
• Arsali v. Deutsche Bank Nat'l Tr. Co.
  82 So. 3d 833· Fla. 4th DCA· 2011-04-06 ·cited 6×
  Nicholas Arsali, a third-party purchaser at a mortgage foreclosure sale, appeals the trial court's summary grant of the bank's motion to rescind the sale. The court reverses, holding that the trial court abused its discretion by granting rescission without notice to the purchaser
• Baker v. State
  53 So. 3d 1147· Fla. 1st DCA· 2011-02-07 ·cited 6×
  Scott Baker appealed the denial of his petition to expunge criminal records related to a charge the State declined to pursue. The trial court denied the petition based on the nature of the charge and Baker's occupation at a car wash, reasoning that the public had a compelling int
• Ortiz v. State
  54 So. 3d 1020· Fla. 2d DCA· 2011-01-14 ·cited 6×
  Julio Ortiz appealed the revocation of his probation for allegedly violating a condition requiring him to promptly and truthfully answer his probation officer's inquiries. The court reversed, finding that Ortiz's single misstatement about when he left work did not constitute a su
• Faircloth v. State
  50 So. 3d 788· Fla. 1st DCA· 2010-12-29 ·cited 6×
  The court held that the trial court erred in finding a probation violation for driving with a suspended license due to lack of proof of knowledge, and that jail time credit on consecutive sentences cannot be pyramided.
• T.S. v. Guardian AD Litem & Dep't of Child. & Families
  49 So. 3d 341· Fla. 4th DCA· 2010-12-15 ·cited 6×
  In a dependency case, the trial court terminated protective supervision of T.S.'s three children and placed them in custody of their natural fathers. The appellate court reversed, finding the trial court abused its discretion by hearing the termination motion at a status hearing
• Abbott v. Dorleans
  41 So. 3d 984· Fla. 4th DCA· 2010-08-04 ·cited 6×
  Abbott and Westway Towing appealed a jury verdict finding them liable for injuries sustained in an automobile accident where their tow truck, partially blocking a travel lane, was struck by Dorleans' vehicle. The Fourth District affirmed the jury's verdict apportioning comparativ
• Montesinos v. Zapata
  43 So. 3d 97· Fla. 3d DCA· 2010-08-04 ·cited 6×
  The court held that the jury's award for future medical expenses was not supported by competent substantial evidence and reversed that portion of the judgment. The court also directed the trial court to apply a setoff for PIP benefits.
• Desert Fire Prot. v. Fontainebleau Las Vegas Holdings
  434 B.R. 716· S.D. Fla.· 2010-07-14 ·cited 6×
  The court affirmed the bankruptcy court's orders authorizing the use of cash collateral and granting priming liens, finding them necessary for the sale of the debtor's assets and adequately protected.
• SKY Dev., Inc. v. Vistaview Dev., Inc.
  41 So. 3d 918· Fla. 3d DCA· 2010-07-07 ·cited 6×
  Sky Development appeals the dismissal with prejudice of its complaint and award of attorney's fees based on witness tampering and fraud on the court. The court affirmed the dismissal, finding that Sky's attempts to influence testimony through notes and text messages during deposi
• Nelsenn Simon v. State
  38 So. 3d 793· Fla. 4th DCA· 2010-06-09 ·cited 6×·via Abuse Of Discretion Standard For Evidentiary Rulings
  Nelsenn Simon appeals his second degree murder conviction, challenging the jury instruction on the lesser included offense of manslaughter, the exclusion of victim propensity evidence, and an alleged improper prosecutorial comment on his right to silence. The Fourth District Cour
• Buoniconti v. Ivy Buoniconti
  36 So. 3d 154· Fla. 2d DCA· 2010-05-28 ·cited 6×
  In this dissolution of marriage case, the Florida appellate court affirmed the trial court's decision to award permanent alimony as a lump sum and retroactive alimony to the wife, but reversed the amounts because they were not properly calculated. The court also reversed the diss
• Elvis Hernandez v. City OF Miami & Fla. Dep't of Transp.
  35 So. 3d 942· Fla. 3d DCA· 2010-04-14 ·cited 6×
  Elvis Hernandez appealed the dismissal of his personal injury lawsuit against the City of Miami and Florida Department of Transportation for injuries from falling into a defective storm drain. The trial court had dismissed the case after striking his pleadings as sham based on al
• Beltran v. Rodriguez
  36 So. 3d 725· Fla. 3d DCA· 2010-04-14 ·cited 6×
  In this wrongful death action, the plaintiff appealed the directed verdict against the trucking company and the jury's finding of no liability against the truck driver following a fatal two-collision accident. The appellate court affirmed, holding that the plaintiff failed to pre
• Subaqueous Servs., Inc. v. Corbin
  25 So. 3d 1260· Fla. 1st DCA· 2010-01-21 ·cited 6×
  A commercial crabber sued a dredging company after his boat collided with an unmarked, submerged pipeline that the defendant had failed to properly secure during equipment transfer. The jury awarded substantial damages, but the appellate court affirmed liability while partially r
• Shackleford v. CTL Distrib. & Gallagher Bassett Servs.
  25 So. 3d 667· Fla. 1st DCA· 2010-01-12 ·cited 6×
  In a workers' compensation case, the claimant appealed a final order awarding costs to the employer and carrier. The claimant challenged both the timeliness of the cost motion filed over a year after the final order and the judge's allowance of specific cost items. The court affi
• Octavius A. Johnson v. State
  25 So. 3d 662· Fla. 1st DCA· 2010-01-12 ·cited 6×
  Octavius Johnson appeals his robbery conviction, challenging the trial court's exclusion of witness Dexter Curry and denial of a continuance. The appellate court affirmed, finding no abuse of discretion because Johnson failed to proffer Curry's testimony adequately and Curry was
• Jeancharles v. State
  25 So. 3d 656· Fla. 4th DCA· 2010-01-06 ·cited 6×
  The court held that the trial court did not abuse its discretion in allowing the State to introduce extrinsic evidence to impeach an alibi witness on a matter deemed material to the defense.
• Gelman v. Katia Gelman
  24 So. 3d 1281· Fla. 4th DCA· 2010-01-06 ·cited 6×
  In a dissolution of marriage case, the trial court awarded the former husband shared parental responsibility of three minor children, ordered substantial child support and a lump sum payment, and directed him to pay the children's private school tuition. The appellate court affir
• Corey v. Corey
  29 So. 3d 315· Fla. 3d DCA· 2009-12-30 ·cited 6×
  In this custody dissolution case, the Third District Court of Appeal reversed the trial court's award of primary residential custody to the mother, holding that Florida law does not impose a presumption against rotating custody as of the 1997 statutory enactment of section 61.121
• Dunlap v. State
  21 So. 3d 873· Fla. 4th DCA· 2009-10-28 ·cited 6×
  The Florida Fourth District Court of Appeal affirmed Ted Dunlap's conviction for trafficking in cocaine, rejecting his argument that the prosecutor's single reference to "the truth" in opening statement constituted reversible error. The court held that the prosecutor's comment, p
• Hernandez v. State
  16 So. 3d 336· Fla. 4th DCA· 2009-09-16 ·cited 6×
  Manuel Hernandez appealed his conviction for lewd and lascivious molestation, challenging the trial court's admission of similar prior-act evidence (Williams rule evidence) involving another child victim. The appellate court reversed and remanded for a new trial, finding that the
• ST. Paul Mercury Ins. Co. v. Coconut Grove Bank
  106 So. 3d 452· Fla. 3d DCA· 2009-09-09 ·cited 6×
  St. Paul Mercury Insurance Company appeals a jury verdict awarding Coconut Grove Bank $3,075,000 on a fidelity bond claim for employee dishonesty by assistant vice president Aldo Morales, who engaged in fraudulent loan practices. The court affirmed the judgment, rejecting St. Pau
• Parisi v. Miranda
  15 So. 3d 816· Fla. 4th DCA· 2009-07-22 ·cited 6×
  Richard Parisi appeals a jury verdict awarding Michael Miranda $784,000 for the value of his shares in Island Shores Homes, Inc. and $950,000 derivatively to the corporation. The Fourth District Court of Appeal affirms the derivative award but reverses the individual award as con
• Corson v. State
  9 So. 3d 765· Fla. 2d DCA· 2009-05-27 ·cited 6×
  The appellate court held that the trial court abused its discretion in admitting collateral crimes evidence that was dissimilar and unduly prejudicial, and the error was not harmless.
• Cooper Tire & Rubber Co. & Ford Motor Co. v. Est. OF Carlos Hernandez Chavez
  8 So. 3d 1157· Fla. 3d DCA· 2009-04-08 ·cited 6×
  The appellate court affirmed a trial court's final judgment, holding that a jury verdict finding a tire defect and awarding damages was not illegally compromised.
• Kitchens v. Kitchens
  4 So. 3d 1· Fla. 4th DCA· 2009-01-05 ·cited 6×
  A former husband appealed a trial court's modification of his alimony obligation, arguing the court improperly included discretionary IRA withdrawals in calculating his income. The Fourth District Court of Appeal reversed, holding that discretionary IRA withdrawals should not be
• Oren Cohen v. Ehud Zidon
  994 So. 2d 1163· Fla. 3d DCA· 2008-10-01 ·cited 6×
  Cohen appeals from a trial court order denying his motion to dissolve an injunction that froze his assets and required him to surrender his passport and refrain from international travel. The injunction was imposed as a sanction for Cohen's violation of prior court orders freezin
• Coral Gables Distrib., Inc. v. Milich
  992 So. 2d 302· Fla. 3d DCA· 2008-09-24 ·cited 6×·via Abuse Of Discretion In Dismissal
  Coral Gables Distribution and Christopher Jester appealed the dismissal of their legal malpractice and fraud complaint against attorney Lee Milich. The Third District Court of Appeal affirmed the dismissal with prejudice, finding that the seventh iteration of the complaint failed
• KAY v. KAY
  988 So. 2d 1273· Fla. 5th DCA· 2008-08-29 ·cited 6×·via Abuse Of Discretion Standard For Fee Awards
  In a dissolution of marriage case, the appellate court reversed the trial court's treatment of the husband's disability insurance benefits as marital property subject to equitable distribution, and reversed an award of attorney's fees to the wife for a continuance filed one day b
• Fla. Parole Comm'n v. Brown
  989 So. 2d 723· Fla. 1st DCA· 2008-08-27 ·cited 6×
  The Florida District Court of Appeal reversed a circuit court order that had remanded a parole suspension decision back to the Florida Parole Commission for reconsideration. The court held that a parole suspension decision can only be set aside for demonstrated abuse of discretio
• Rodriguez v. Rodriguez
  994 So. 2d 1157· Fla. 3d DCA· 2008-08-06 ·cited 6×
  Luis Rodriguez appeals from a divorce judgment awarding his former wife exclusive ownership of the marital home and denying him credit for voluntary payments toward child support. The court reversed the asset distribution because the trial court improperly considered his non-mari
• Sage v. State
  988 So. 2d 150· Fla. 4th DCA· 2008-08-06 ·cited 6×
  The court held that restitution amounts must be based on competent evidence, not speculation, and reversed the award for three items due to insufficient evidence.
• Burnett v. Burnett
  995 So. 2d 519· Fla. 2d DCA· 2008-05-30 ·cited 6×
  Robert Burnett appeals a dissolution of marriage judgment awarding his wife Kenya primary residential custody of their two minor children and exclusive use of the marital home. The appellate court reversed the custody award and related financial provisions, finding that the trial
• Dennis J. Egitto, M.D. v. Wittman
  980 So. 2d 1238· Fla. 4th DCA· 2008-05-07 ·cited 6×
  The court held that a post-trial juror interview is not permissible unless the moving party establishes a basis for a new trial, which the plaintiffs failed to do here.
• Hugo SAN Martin & Mark Nelson v. Daimlerchrysler Corp.
  983 So. 2d 620· Fla. 3d DCA· 2008-04-23 ·cited 6×
  Two consumers who purchased defective vehicles from DaimlerChrysler accepted settlement offers that expressly reserved their right to seek attorney fees under the Magnuson-Moss Warranty Act. The court held that accepting such an offer constitutes "finally prevailing" under the Ac
• Eusebio Hernandez v. State
  979 So. 2d 1013· Fla. 3d DCA· 2008-03-05 ·cited 6×
  Eusebio Hernandez appeals his conviction for the murder of his former spouse and attempted murder, challenging the admission of a redacted tape-recorded phone conversation containing his own statements and arguing the law of the case doctrine barred its admission. The court affir
• Vanevery v. State
  980 So. 2d 1105· Fla. 4th DCA· 2008-02-13 ·cited 6×
  The court held that statements made by the appellant after an officer threatened him with criminal charges for withholding information were inadmissible, and that testimony regarding a witness's statement to police was inadmissible hearsay.
• Benny Morton v. State
  972 So. 2d 1088· Fla. 5th DCA· 2008-01-25 ·cited 6×
  Morton was convicted of cocaine sale based primarily on a confidential informant's testimony. The trial court erred in denying a mistrial motion after the informant improperly testified that Morton was widely known to be a drug dealer, as a curative instruction was insufficient t