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

• Chauncey Chavers v. State
  827 So. 2d 279· Fla. 4th DCA· 2002-08-21 ·cited 6×
  A juror who discloses mid-trial that he has formed a bias against eyewitness testimony based on prior reading may be replaced with an alternate juror without violating double jeopardy, where the defendant is subjected to only one trial and reasonable doubts about a juror's impart
• State v. Telly Lenard Andrews
  820 So. 2d 1016· Fla. 4th DCA· 2002-07-03 ·cited 6×
  The State appeals a trial court's order granting Andrews a new trial on the attempted murder charge, arguing the verdict was not contrary to the weight of the evidence. The appellate court affirms, finding the trial court properly weighed conflicting evidence regarding whether Of
• Manuel G. Jain, M.D. v. Green Clinic, Inc.
  830 So. 2d 836· Fla. 2d DCA· 2002-04-19 ·cited 6×
  The court held that the trial court abused its discretion by dismissing the action for lack of prosecution when the plaintiff's attorney demonstrated good cause for the delay.
• Carlton Turner v. State
  809 So. 2d 59· Fla. 5th DCA· 2002-02-08 ·cited 6×
  The court held that the trial court did not abuse its discretion in its rulings regarding a juror's exposure to publicity, its modification of jury instructions on insanity, or its exclusion of certain testimony, and therefore affirmed the judgment and sentence.
• Errol Crawford v. State
  805 So. 2d 997· Fla. 2d DCA· 2001-12-12 ·cited 6×
  The trial court erred in denying a cause challenge to a prospective juror who expressed significant bias due to past trauma involving firearms, despite later equivocal statements of objectivity.
• Lock v. State
  799 So. 2d 384· Fla. 4th DCA· 2001-11-14 ·cited 6×
  The court affirmed a conviction for carjacking with a deadly weapon, robbery with a deadly weapon, and aggravated battery with a deadly weapon, finding no abuse of discretion in the denial of the motion to suppress identification testimony.
• Hausmann v. L.M. and J.M.
  806 So. 2d 511· Fla. 4th DCA· 2001-09-05 ·cited 6×
  Grandparents who filed their own petition for adoption and alleged that the child's parents had abandoned him, thereby rendering their consents invalid, have a sufficient legal interest to intervene in a competing adoption proceeding filed by prospective adoptive parents. The tri
• Williams v. State
  793 So. 2d 1112· Fla. 4th DCA· 2001-09-05 ·cited 6×
  The court held that a trial court must conduct a Nelson inquiry to determine if a defendant is entitled to conflict-free counsel when alleging ineffective assistance of counsel in a motion to withdraw a plea.
• Binker v. Binker
  781 So. 2d 505· Fla. 3d DCA· 2001-04-04 ·cited 6×
  The appellate court affirmed the trial court's decisions regarding equitable distribution, alimony, and attorney's fees, finding no abuse of discretion.
• Etienne v. State
  780 So. 2d 1038· Fla. 4th DCA· 2001-04-04 ·cited 6×
  Marvin Etienne was convicted of second-degree murder and aggravated assault with a firearm. The appellate court affirmed the convictions but reversed the sentencing departure, holding that the trial judge abused its discretion by changing its mind two years later about whether th
• Davis v. State
  783 So. 2d 288· Fla. 5th DCA· 2001-03-23 ·cited 6×
  Reginald Davis appealed the trial court's denial of his motion to withdraw a negotiated guilty plea to drug and driving offenses. The Fifth District Court of Appeal affirmed the denial, holding that Davis failed to establish good cause for withdrawal under Florida law.
• Bornemann v. URE
  778 So. 2d 1077· Fla. 4th DCA· 2001-03-07 ·cited 6×
  Defendants appealed a $13 million judgment in a personal injury case arising from a rear-end collision, claiming the trial court erred in denying their motion for new trial based on a juror's alleged concealment of prior litigation. The appellate court affirmed, holding that defe
• Declet v. Dep't OF Child. & Families
  776 So. 2d 1000· Fla. 5th DCA· 2001-01-19 ·cited 6×
  Javier Declet, a DCF supervisor, appeals his termination for making false statements to his supervisor and negligence in a child protective services case that resulted in a child's death. The court affirms PERC's termination order, finding competent substantial evidence supported
• Anderson v. State
  786 So. 2d 6· Fla. 4th DCA· 2000-12-06 ·cited 6×
  The court held that the trial court abused its discretion by refusing to allow the defendant's telemarketing expert to testify regarding industry custom and usage, and this error was not harmless.
• Jackson v. State
  785 So. 2d 524· Fla. 4th DCA· 2000-12-04 ·cited 6×
  The court held that the trial court abused its discretion in revoking appellant's community control because the evidence was insufficient to demonstrate a willful and substantial violation of the condition to remain confined to her residence.
• Devaughn C. Smith v. Buffalo's Original Wings & Rings II of Tallahassee, Inc.
  765 So. 2d 983· Fla. 1st DCA· 2000-09-08 ·cited 6×
  Smith appeals the dismissal of her civil complaint for failure to prosecute under Florida Rule 1.420(e). Although the plaintiff claimed her epilepsy and fibromyalgia constituted good cause to excuse the year-long inactivity, the court affirmed dismissal because she failed to prov
• Cnty. OF Volusia v. Kemp
  764 So. 2d 770· Fla. 5th DCA· 2000-07-14 ·cited 6×
  Volusia County appealed a jury verdict in Kemp's malicious prosecution suit brought under 42 U.S.C. § 1983, arguing the trial court erred in admitting expert testimony on constitutional law enforcement standards. The appellate court reversed, finding the expert testimony improper
• Cole v. State
  758 So. 2d 1289· Fla. 3d DCA· 2000-06-14 ·cited 6×
• Craig v. State
  766 So. 2d 257· Fla. 4th DCA· 2000-02-09 ·cited 6×
  The court held that the trial court did not abuse its discretion in denying the motion to strike the jury panel and for a mistrial, but reversed the restitution order due to lack of jurisdiction.
• LEE v. State
  745 So. 2d 1036· Fla. 1st DCA· 1999-10-25 ·cited 6×
  James Lee appealed his conviction for battery on a law enforcement officer, arguing that the enhanced penalty statute did not apply because the officer was not engaged in the lawful performance of his duties when struck outside a courtroom elevator. The court affirmed, holding th
• Trudy Nolen Bryant v. Buerman
  739 So. 2d 710· Fla. 4th DCA· 1999-09-08 ·cited 6×
  In this personal injury appeal from a rear-end automobile collision, the court reversed the trial court's exclusion of expert testimony regarding vehicle speed at impact. The court held that accident reconstruction experts may testify about vehicle speed when such testimony would
• Minouche Noel v. Broward Gen. Med. Ctr.
  725 So. 2d 438· Fla. 4th DCA· 1999-02-03 ·cited 6×
  The court affirmed the trial court's taxation of expert discovery costs against the appellants in a medical malpractice case, holding that such costs were reasonably necessary even though the case was ultimately decided on sovereign immunity grounds.
• Hernandez v. State
  723 So. 2d 886· Fla. 4th DCA· 1998-12-23 ·cited 6×
• State v. Skinners Wholesale Nursery, Inc.
  736 So. 2d 3· Fla. 1st DCA· 1998-11-20 ·cited 6×
  The Florida Department of Transportation appeals a trial court's award of $98,000 in appellate attorney's fees to Skinners Wholesale Nursery, arguing the amount is excessive and improperly includes a contingency risk factor enhancement. The appellate court reverses, holding that
• Geremi Pierce v. State
  779 So. 2d 286· Fla. 2d DCA· 1998-09-04 ·cited 6×
  The court affirmed the conviction and sentence for possession of a firearm by a convicted felon but struck improperly imposed costs.
• Carrier v. Garland W. Ramsey and Yvette L. Ramsey
  714 So. 2d 657· Fla. 5th DCA· 1998-07-31 ·cited 6×
  The court held that the trial court did not err in denying challenges for cause to two prospective jurors and in prohibiting an expert witness from testifying.
• Instrumentation Servs., Inc. v. Data Mgmt. Assocs., Inc.
  708 So. 2d 1018· Fla. 4th DCA· 1998-04-01 ·cited 6×
  In this venue dispute, the Fourth District Court of Appeal affirmed the trial court's denial of a defendant's motion to transfer venue from Palm Beach County. The court held that where a contract repudiation occurs by mail, venue may be established at the location where the repud
• Princess Valinzo and James Valinzo v. Cem-Kam, Inc.
  698 So. 2d 359· Fla. 4th DCA· 1997-08-20 ·cited 6×
  The appellate court affirmed the trial court's denial of a new trial or additur, finding that a jury's award of partial medical expenses without pain and suffering damages was not legally inadequate given the contested issue of causation.
• Dep't OF Transp. v. Springs Land Invs. Ltd.
  695 So. 2d 414· Fla. 5th DCA· 1997-05-16 ·cited 6×
  The Department of Transportation appeals from an award of $145,553 in surveying, engineering, and planning fees to Springs Land, a property owner in an eminent domain proceeding. The court reversed, holding that a substantial portion of the fees ($89,819) were not reasonably and
• The Est. of A.P. Stuckey, Sr. v. Rupert B. Brown and Lettie Nell Brown
  695 So. 2d 796· Fla. 1st DCA· 1997-05-02 ·cited 6×
  The First District Court of Appeal clarified its standard of review for trial court orders granting new trials, rejecting an overly broad formulation and reaffirming that a new trial based on the verdict being against the manifest weight of the evidence is an abuse of discretion
• Talley v. Fain
  692 So. 2d 279· Fla. 5th DCA· 1997-04-25 ·cited 6×
  The court held that the trial court abused its discretion by denying a continuance for the contempt hearing.
• Cees van den Boom v. YLB Invs., Inc.
  687 So. 2d 964· Fla. 5th DCA· 1997-02-14 ·cited 6×
  Shareholders of Florida Palms, Inc. appeal the trial court's appointment of a custodian pendente lite to manage the company during litigation over alleged misappropriation of funds and property. The appellate court affirmed, finding no abuse of discretion and no error in the cust
• Owens v. Howard
  662 So. 2d 1325· Fla. 2d DCA· 1995-11-03 ·cited 6×
  The court held that entering a default judgment and striking a counterclaim as a sanction for discovery violations was too severe when prejudice was not demonstrated.
• McMULLEN v. State
  660 So. 2d 340· Fla. 4th DCA· 1995-08-30 ·cited 6×
  Expert testimony regarding psychological factors affecting eyewitness identification reliability is governed by Johnson v. State and properly excluded by trial courts; however, the court certified a question of great public importance regarding whether such testimony should be ad
• Cade v. State
  658 So. 2d 550· Fla. 5th DCA· 1995-06-02 ·cited 6×
  A trial court abuses its discretion by denying an indigent defendant's timely and specific request for appointment of a DNA expert when the DNA evidence is central to the prosecution's case and accurate DNA testing would serve the truth-seeking function of trial, even if the defe
• Smith v. Smith
  655 So. 2d 1267· Fla. 5th DCA· 1995-06-02 ·cited 6×
  In a dissolution of marriage proceeding, the Fifth District Court of Appeal affirmed the trial court's permanent periodic alimony award of $1,200 per month and attorney's fees allocation, but reversed the determination that two certificates of deposit totaling $35,000 were non-ma
• State v. Compo
  651 So. 2d 127· Fla. 2d DCA· 1995-02-10 ·cited 6×
  Florida appeals a trial court's order granting a new trial after the defendant was convicted of burglary and possession of burglary tools. The appellate court reversed, holding that the trial court abused its discretion in granting the mistrial based on the prosecutor's closing a
• RSR Invs., Inc. v. Barnett Bank OF Pinellas Cnty.
  647 So. 2d 874· Fla. 2d DCA· 1994-10-28 ·cited 6×
  RSR Investments and Native Investments appealed the trial court's decision to set aside a foreclosure sale where they had purchased the property for $5,000 despite a foreclosure judgment of $86,109.59. The court affirmed the trial court's ruling that the sale should be vacated du
• State v. Grego
  648 So. 2d 743· Fla. 2d DCA· 1994-08-31 ·cited 6×
  The State appeals a pretrial order excluding hearsay statements from two child victims in a capital sexual battery case. The appellate court reverses, finding the trial judge clearly abused her discretion in determining the statements unreliable under Florida Statutes section 90.
• Otis Elevator Co. v. Youngerman
  636 So. 2d 166· Fla. 4th DCA· 1994-04-27 ·cited 6×
  Otis Elevator appealed a jury verdict in favor of Youngerman, arguing the trial court erred by reading prejudicial portions of a Mary Carter agreement to the jury and by excluding a nurse's testimony about the plaintiff's statement regarding fainting. The appellate court agreed o
• Marshall v. Marshall
  633 So. 2d 464· Fla. 4th DCA· 1994-01-26 ·cited 6×
• Whitney v. Drue Leslye Whitney
  638 So. 2d 517· Fla. 3d DCA· 1994-01-11 ·cited 6×
  Walter Whitney appeals an award of $14,200 in attorney's fees to his ex-wife in a child support modification proceeding. The Third District Court of Appeal reversed and remanded, finding the trial court abused its discretion by awarding excessive hours for a straightforward, sing
• Krim v. Banctexas Grp., Inc.
  989 F.2d 1435· 5th Cir.· 1993-05-12 ·cited 6×·via Abuse Of Discretion Standard For Discovery Rulings
  The court held that the district court did not err in granting summary judgment without permitting further discovery, as the plaintiff failed to adequately explain how additional discovery would enable him to oppose the motion.
• Schiming v. State
  617 So. 2d 813· Fla. 5th DCA· 1993-04-30 ·cited 6×
  The court held that guidelines sentences must be vacated and remanded for resentencing when a conviction impacting the scoresheet is reversed, but a departure sentence is affirmed if not influenced by the reversed conviction.
• Nw. Airlines, Inc. v. Am. Airlines, Inc.
  989 F.2d 1002· 8th Cir.· 1993-04-06 ·cited 6×
  The court held that the district court did not abuse its discretion in applying the first-filed rule and enjoining American from proceeding with its duplicative lawsuit in Texas.
• Est. of Michael A. Johnson v. Commissioner OF Internal Revenue
  985 F.2d 1315· 5th Cir.· 1993-03-24 ·cited 6×
  The Tax Court abused its discretion by finding the IRS substantially justified in denying innocent spouse status, entitling the taxpayer to litigation costs.
• United States v. Horne
  987 F.2d 833· D.C. Cir.· 1993-03-19 ·cited 6×
  The court affirmed the denial of the defendant's motion to withdraw his guilty plea, finding no abuse of discretion by the district court.
• United States v. Mills
  987 F.2d 1311· 8th Cir.· 1993-03-08 ·cited 6×
  The court affirmed the conviction and sentence, holding that the district court did not err in striking jurors for cause, admitting evidence, calculating the loss amount under the sentencing guidelines, or applying enhancements for role in the offense and obstruction of justice.
• Bernards v. United OF Omaha Life Ins. Co.
  987 F.2d 486· 8th Cir.· 1993-02-25 ·cited 6×
  The court held that the record was insufficient to determine if the insurer's denial of benefits was arbitrary and capricious, requiring further development of the record.
• United States v. Porter
  986 F.2d 1014· 6th Cir.· 1993-02-25 ·cited 6×
  The court affirmed the district court's decision to admit the evidence, finding no abuse of discretion.