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

• 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
• SEA TOW Servs. Int'l, Inc. v. Duke Pontin
  973 So. 2d 531· Fla. 3d DCA· 2007-12-26 ·cited 6×
  The court held that a change in circumstances, specifically the licensee's failure to cure violations after notice, required the trial court to dissolve the temporary injunction.
• Martino v. State
  964 So. 2d 906· Fla. 4th DCA· 2007-10-03 ·cited 6×
  A trial court does not abuse its discretion by limiting cross-examination of a key state witness to exclude inquiry into a prior plea agreement from nine years earlier when there is no showing of sufficient similarity between the prior and current cases to establish a pattern or
• Greens TO YOU, Inc. v. Gavelek
  967 So. 2d 318· Fla. 3d DCA· 2007-10-03 ·cited 6×
  Greens to You, Inc. appeals the trial court's grant of the Gaveleks' motion for new trial based on an improper quotient verdict. The appellate court affirmed, finding the trial court properly determined by clear and convincing evidence that jurors agreed in advance to be bound by
• Gray v. Adams Grading & Trucking, Inc.
  956 So. 2d 505· Fla. 1st DCA· 2007-04-23 ·cited 6×
  Gray appeals a jury verdict in favor of defendants Adams Grading and Trucking and John Bloodsworth after a dump truck ran over his foot during a construction project. The court reversed and remanded for a new trial, holding that the trial court erred by refusing to instruct the j
• Reid v. Joseph J. Altieri, M.D.
  950 So. 2d 518· Fla. 4th DCA· 2007-03-14 ·cited 6×
  In this medical malpractice/wrongful death case, the estate of Philip H. Reid, Jr. appealed the trial court's denial of a motion for new trial following a jury verdict that assigned only 0.01% negligence to Dr. Altieri despite finding him negligent. The court affirmed, holding th
• Bryan v. State
  947 So. 2d 1270· Fla. 5th DCA· 2007-02-02 ·cited 6×
  Dennis Bryan was convicted of first-degree murder and armed robbery in the death of a Subway employee during a robbery in St. Augustine, Florida. On appeal, Bryan challenged the admission of collateral crime evidence and the validity of his confession, both of which the court uph
• Strong v. State
  947 So. 2d 552· Fla. 3d DCA· 2006-12-27 ·cited 6×
  Aaron Strong was convicted of manslaughter and false imprisonment based largely on hearsay testimony regarding a statement made by the victim, his wife, who became quadriplegic from a spinal injury. The court reversed the conviction, finding the trial court abused its discretion
• Amr Salam v. Bd. OF Prof'l Eng'rs
  946 So. 2d 48· Fla. 1st DCA· 2006-12-15 ·cited 6×·via Gross Abuse Of Discretion
  An applicant for professional engineer licensure sought mandamus relief against the Board of Professional Engineers for failing to grant or deny his petition for formal hearing within the statutory 15-day period. The court granted the petition, awarded attorney's fees, and held t
• State Farm Mut. Auto. Ins. Co. v. Williams
  943 So. 2d 997· Fla. 1st DCA· 2006-12-13 ·cited 6×
  State Farm sought review of a mistrial order granted after a jury verdict in an uninsured motorist insurance dispute. The trial court erred in granting mistrial based on Florida Statute 768.041(3), which prohibits informing juries about settlements with joint tortfeasors but does
• Ingram v. State
  943 So. 2d 325· Fla. 4th DCA· 2006-12-13 ·cited 6×
  The court affirmed the conviction but reversed the sentence for one count, remanding for resentencing.
• Loic Gadson v. State
  941 So. 2d 573· Fla. 4th DCA· 2006-11-15 ·cited 6×
  The court held that the trial court erred in admitting evidence of a subsequent burglary under the Williams rule because the similarities between the crimes were not sufficiently unusual or special to prove identity beyond general resemblance.
• Esque Real Est. Holdings, Inc. v. C.H. Consulting, Ltd.
  940 So. 2d 1185· Fla. 4th DCA· 2006-10-04 ·cited 6×·via Gross Abuse Of Discretion
  Appellants sought to vacate a foreclosure sale where the property sold for $1,000 despite having an appraised value of $2.2 million, claiming the lender failed to timely provide an estoppel letter and made false representations. The court affirmed the trial court's denial of the
• Moore v. State
  939 So. 2d 1116· Fla. 3d DCA· 2006-10-04 ·cited 6×
  Jimmy Moore appeals his convictions for burglary, petit theft, and resisting arrest without violence, challenging the prosecutor's use of hypothetical voir dire questions and the trial court's striking of jurors for cause based on their responses. The appellate court affirmed the
• Johnson v. Frank Swerdzewski, D.D.S.
  935 So. 2d 57· Fla. 1st DCA· 2006-07-31 ·cited 6×
  In a dental malpractice case, the trial court entered judgment notwithstanding verdict (JNOV) against the plaintiff based on alleged fraudulent discovery answers and trial testimony. The First District Court of Appeal reversed, holding that a JNOV requires a more exacting standar
• Whitfield v. State
  933 So. 2d 1245· Fla. 1st DCA· 2006-07-20 ·cited 6×·via Abuse Of Discretion Standard For Evidentiary Rulings
  George Whitfield was convicted of burglary after the trial court excluded his exculpatory statement to police that he had permission to enter the apartment. The appellate court reversed the burglary conviction, holding that the trial court abused its discretion by allowing the St
• Wiggins v. Samuel H. Sadow, M.D.
  925 So. 2d 1152· Fla. 4th DCA· 2006-04-26 ·cited 6×
  The court held that the trial court did not abuse its discretion in denying the motion for a new trial based on juror misconduct or the verdict being against the manifest weight of the evidence.
• Freedman v. DE LA Cuesta
  929 So. 2d 25· Fla. 3d DCA· 2006-03-22 ·cited 6×
• Simpson v. Est. OF H. James Simpson, Jr.
  922 So. 2d 1027· Fla. 5th DCA· 2006-02-17 ·cited 6×
  The court held that the probate court abused its discretion by determining the merits of a claim rather than whether the claimant was reasonably ascertainable.
• Club MED Brasil, S.A. v. Sicurella
  921 So. 2d 49· Fla. 3d DCA· 2006-02-01 ·cited 6×
  Club Med Sales, Inc. appealed a trial court's denial of its motion to dismiss based on forum non conveniens. The court affirmed, holding that a valid forum selection clause in the vacation agreement requiring disputes to be litigated in Miami, Florida made Miami the only adequate
• Deville v. State
  917 So. 2d 1058· Fla. 4th DCA· 2006-01-18 ·cited 6×
  Clifford Deville was convicted of dealing in stolen property and falsely verifying ownership to a pawnbroker. The Fourth District Court of Appeal reversed because the trial court abused its discretion by admitting testimony about a lock pick set found on Deville two months after
• French v. Dep't of Child. & Families
  920 So. 2d 671· Fla. 5th DCA· 2006-01-06 ·cited 6×·via Gross Abuse Of Discretion
  Sarah French appeals a final administrative order requiring the Department of Children and Families to reenroll her in the Consumer Directed Care Program after wrongful disenrollment. The court affirms the reenrollment but remands for retroactive corrective payments and determina
• Asset Mgmt. Consultants OF Va., Inc. v. City OF Tamarac
  913 So. 2d 1179· Fla. 4th DCA· 2005-10-12 ·cited 6×
  Asset Management Consultants of Virginia challenged Tamarac's interim service fee ordinance but failed to timely respond to requests for admission. The trial court entered summary judgment based on deemed admissions, and AMCI's belated motion to file answers was denied. The appel
• Hubbard v. State
  912 So. 2d 629· Fla. 1st DCA· 2005-09-02 ·cited 6×
  Michael Hubbard appealed his convictions for sexual battery and child abuse. The Florida appellate court affirmed the admission of a birth certificate establishing paternity despite Hubbard's objection, but reversed his sexual battery conviction and remanded for a new trial becau
• Stanek-Cousins v. State
  912 So. 2d 43· Fla. 4th DCA· 2005-08-31 ·cited 6×
  Catherine Stanek-Cousins was convicted of manslaughter in the shooting death of her husband Sean and sentenced to 15 years imprisonment. The Fourth District Court of Appeal affirmed the conviction and sentence but reversed the restitution order as to amount only, finding the tria
• MacKerley v. State
  900 So. 2d 662· Fla. 4th DCA· 2005-04-06 ·cited 6×
  The appellate court affirmed a conviction for first-degree murder, holding that evidence from a Luminol test, which indicated the possibility of blood, was admissible. The court reasoned that the test's limitations, such as reacting to substances other than blood, go to the weigh
• N. Tr. Invs., N.A. v. Domino
  896 So. 2d 880· Fla. 4th DCA· 2005-03-02 ·cited 6×
  The court held that a trial court did not abuse its discretion in denying a temporary injunction to enforce a non-compete agreement when the employer had materially breached the employment contract first.
• Morrill v. Lytle
  893 So. 2d 671· Fla. 1st DCA· 2005-02-17 ·cited 6×
  The court held that denying a motion to transfer venue was an abuse of discretion when the accident occurred in Alachua County and most witnesses were located there, despite two corporate defendants having offices in Duval County.
• Rios v. Moore
  902 So. 2d 181· Fla. 3d DCA· 2005-02-16 ·cited 6×
  The court held that the plaintiff's actions did not rise to the level of fraud on the court, and thus the trial court abused its discretion in dismissing the case.
• Hill v. State
  890 So. 2d 485· Fla. 5th DCA· 2004-12-30 ·cited 6×
  Jerome Hill appeals the revocation of his probation, arguing insufficient evidence and failure to prove willful and substantial violations. The Fifth District Court of Appeal affirmed the trial court's revocation, finding adequate evidence of multiple violations including absence
• Fla. Dep't OF Revenue o/b/o Denise Kaiser v. Kaiser
  890 So. 2d 364· Fla. 4th DCA· 2004-12-22 ·cited 6×
  The Florida Department of Revenue appealed a trial court's reduction of the father's child support obligation from $3,000/month to $512.42/month following his claimed involuntary change in circumstances. The appellate court reversed and remanded, holding that the trial court erre
• Laflipe v. State
  888 So. 2d 104· Fla. 3d DCA· 2004-11-24 ·cited 6×
  Johnnie Laflipe was convicted of first-degree murder and attempted first-degree murder. On appeal, he challenged the admissibility of an excited utterance, gang-related evidence, and the denial of post-verdict juror interviews, but the Florida appellate court affirmed his convict
• Gen. Motors Corp. v. Porritt
  891 So. 2d 1056· Fla. 2d DCA· 2004-11-19 ·cited 6×
  General Motors appealed a $8.2 million jury verdict for Carl Porritt, who was injured when a seatbelt allegedly unlatched during a rollover accident. The appellate court reversed and remanded for a new trial, finding that the trial court erred by admitting a videotape demonstrati
• Wait v. Wait
  886 So. 2d 318· Fla. 4th DCA· 2004-11-10 ·cited 6×
• Robinson v. Nationwide Mut. Fire Ins. Co.
  887 So. 2d 328· Fla.· 2004-10-28 ·cited 6×·via Abuse Of Discretion Standard On Appeal
  Absent extraordinary circumstances, an appellate court reviewing sanctions imposed by striking a pleading for discovery violations must limit its analysis to the Mercer factors—whether the trial court abused its discretion—and may not consider the merits of the stricken pleading
• Barker v. State
  877 So. 2d 59· Fla. 4th DCA· 2004-06-09 ·cited 6×
  Tom Barker appeals his civil commitment as a sexually violent predator under Florida's Chapter 394, challenging the trial court's denial of his motion to bifurcate the trial. The Fourth District Court of Appeal affirmed, holding that the jury instructions adequately addressed the
• Jimenez v. Simon
  879 So. 2d 13· Fla. 2d DCA· 2004-04-30 ·cited 6×
  Kristie Jimenez appealed the dismissal with prejudice of her personal injury action imposed as a sanction for discovery violations. The court reversed the dismissal, holding that when discovery violations are solely attributable to counsel's neglect rather than the client's perso
• McCARTHY v. Jenne
  861 So. 2d 99· Fla. 4th DCA· 2003-12-17 ·cited 6×
• Sarasota Cnty. v. Curry
  861 So. 2d 1239· Fla. 2d DCA· 2003-12-12 ·cited 6×
  The court held that the trial court abused its discretion by awarding attorney's fees under section 73.092(1) when the benefits to the client were unascertainable. The case should be reconsidered under section 73.092(2).
• G.B. Holdings, Inc. v. Steinhauser
  862 So. 2d 97· Fla. 4th DCA· 2003-11-19 ·cited 6×
  G.B. Holdings appeals the trial court's order permitting post-judgment amendment of the complaint and final judgment to substitute it as the defendant in place of the similarly-named K.B. Holdings, Inc., after a default judgment was entered. The court reversed, holding that this
• Alejandoro Gopar-Santana v. State
  862 So. 2d 54· Fla. 2d DCA· 2003-10-03 ·cited 6×
  Gopar-Santana was convicted of cocaine trafficking and possession based on undercover drug purchases conducted in Spanish. The appellate court affirmed the convictions despite finding that the trial court abused its discretion by allowing the undercover detective to interpret Spa
• Frix v. ALL State Ins. & ITT Specialty Risk
  854 So. 2d 258· Fla. 1st DCA· 2003-09-12 ·cited 6×
  The court affirmed the denial of sanctions for late settlement payment under Florida workers' compensation law, holding that sanctions require a showing of willfulness, which the JCC found was absent here.
• Stewart v. State
  872 So. 2d 226· Fla.· 2003-09-11 ·cited 6×
  Kenneth Allen Stewart appeals his death sentence after resentencing for the murder of Ruben Diaz. The Florida Supreme Court affirms the death penalty, finding the trial court properly weighed the statutory mental mitigators and that the sentence is proportional to similar capital
• Graef v. Dames & Moore Grp., Inc.
  857 So. 2d 257· Fla. 2d DCA· 2003-09-10 ·cited 6×
  Edward Graef's estate appeals a trial court's award of attorney's fees to Dames & Moore under section 57.105(1), Florida Statutes. The court reverses because Dames & Moore filed its motion for fees 555 days (approximately 18.5 months) after entry of final summary judgment, exceed
• Reynolds v. McINNES
  338 F.3d 1221· 11th Cir.· 2003-07-22 ·cited 6×
  The Eleventh Circuit affirmed the district court's modification of a consent decree, finding that the district court did not abuse its discretion in removing the 'no-overlap provision' from Article Two of the decree. The court held that the provision, which prevented minimum qual
• R.F. v. Dep't of Child. & Families
  844 So. 2d 821· Fla. 5th DCA· 2003-05-16 ·cited 6×
  Father appeals the trial court's denial of his motion for reunification with his two children. The court affirmed the denial, holding that although father substantially complied with the case plan and passed a positive home study, reunification was not appropriate because the chi
• Vantese Jones v. State
  844 So. 2d 745· Fla. 5th DCA· 2003-05-09 ·cited 6×
  Vantese Jones was convicted of robbery, kidnapping, armed burglary with a firearm, and grand theft of an automobile. On appeal, Jones challenged the in-court identification of him by the victim due to alleged prosecutorial coaching and challenged the kidnapping conviction as bein
• Citrin v. de Venny
  833 So. 2d 871· Fla. 4th DCA· 2003-01-02 ·cited 6×
  Stuart Citrin appealed the dismissal of his personal injury action after the trial court denied his second emergency motion for continuance and dismissed the case with prejudice when he refused to either proceed to trial or pay $6,000 in defendants' costs. The court reversed, hol
• Eliezer Barrientos v. State
  825 So. 2d 1065· Fla. 4th DCA· 2002-09-18 ·cited 6×
  The trial court did not err in admitting evidence of the appellant's flight from police, as it was relevant to prove his consciousness of guilt regarding the firearm found in his vehicle.
• Franklin v. State
  825 So. 2d 487· Fla. 5th DCA· 2002-08-30 ·cited 6×
  Richard Franklin appeals his conviction for violating a domestic violence injunction by contacting his wife. The Florida appellate court affirms, finding no abuse of discretion in the trial court's denial of motions for mistrial based on inadmissible character testimony, and reje