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

• Huber v. Huber
  314 So. 3d 363· Fla. 3d DCA· 2020-10-21 ·cited 5×
  The appellate court reversed a lower court's order transferring a dissolution venue to the wife's county of residence. The court held that venue in dissolution cases is determined by the county where the marriage was last intact, not solely by the parties' current residences.
• Azure-Moore v. Hoyen
  300 So. 3d 1268· Fla. 4th DCA· 2020-08-05 ·cited 5×
  Azure-Moore appeals the entry of a default final judgment after timely filing an answer to an amended complaint, despite the trial court's prior deadline passing without entry of default. The court holds that under Florida Rule of Civil Procedure 1.500(c), an answer filed before
• Fahed Fayad, M.D. v. Univ. of Miami
  307 So. 3d 114· Fla. 3d DCA· 2020-07-22 ·cited 5×
  The appellate court reversed a trial court's decision, finding that the trial court abused its discretion in denying a motion to amend a complaint and erred in granting summary judgment. The court held that the plaintiff should have been allowed to amend his complaint to add a fr
• Hadassa Helinski v. Helinski
  305 So. 3d 703· Fla. 3d DCA· 2020-05-13 ·cited 5×
  The appellate court affirmed the denial of attorney's fees for the former wife, finding she had the ability to pay and lacked need. However, it reversed the denial of costs, holding that a voluntary dismissal by the former husband mandated an award of taxable costs to the former
• J.J. v. Dep't of Child. & Families
  278 So. 3d 749· Fla. 3d DCA· 2020-05-06 ·cited 5×
• United States v. Gomez
  955 F.3d 1250· 11th Cir.· 2020-04-14 ·cited 5×
  The court affirmed the defendant's sentences, finding them substantively reasonable and not an abuse of discretion.
• Rozar v. R. J. Reynolds Tobacco Co.
  292 So. 3d 1202· Fla. 1st DCA· 2020-03-23 ·cited 5×
  The appellate court reviewed a judgment for a plaintiff in an Engle-progeny tobacco case. The court affirmed the trial court's decision to admit evidence of the plaintiff's unrelated medical history but reversed the denial of a new trial on damages for past pain and suffering, fi
• Cary Marconi v. Tamer Erturk
  293 So. 3d 19· Fla. 4th DCA· 2020-03-18 ·cited 5×
  A trial court in a dissolution case must make specific written factual findings identifying nonmarital assets, marital assets with individual valuations, marital liabilities with designations of responsibility, and the rationale for distribution. The trial court's refusal to fash
• Beseler v. Avatar Prop. & Cas. Ins. Co.
  291 So. 3d 137· Fla. 4th DCA· 2020-03-04 ·cited 5×
  A trial court abuses its discretion by dismissing a claim for fraud upon the court when the party moving to dismiss fails to establish by clear and convincing evidence that the opposing party knowingly entered into a scheme to defraud the court. Mere inconsistencies in testimony
• Household Fin. Corp., III v. Williams
  290 So. 3d 508· Fla. 4th DCA· 2020-02-19 ·cited 5×·via Abuse Of Discretion Standard For Fee Awards
  A reformation claim cannot be inextricably intertwined with a foreclosure claim for purposes of awarding attorney's fees, and a party seeking fees must allocate fees to the claims on which it prevailed or demonstrate that allocation is infeasible. Additionally, attorney's fees ca
• Tanis v. HSBC Bank USA, N.A.
  289 So. 3d 517· Fla. 3d DCA· 2019-12-04 ·cited 5×
  The appellate court affirmed a lower court's decision to overrule an objection to a judicial foreclosure sale. The appellants argued they were denied due process because their attorney did not receive notice of the rescheduled sale date, but the court found they had adequate noti
• Hicks v. Hicks
  284 So. 3d 576· Fla. 4th DCA· 2019-11-20 ·cited 5×
  An award of attorney's fees as a sanction for bad faith conduct requires express findings of bad faith, a direct causal link between the bad faith conduct and the fees incurred, and evidence supporting the reasonable hours and hourly rate. Incarceration for civil contempt require
• Hedvall v. State
  283 So. 3d 901· Fla. 3d DCA· 2019-11-06 ·cited 5×
  The appellate court affirmed the conviction and sentence of Peter Erik Hedvall for second-degree murder. The court found no reversible error in the trial court's decisions regarding the admission of expert testimony, the denial of challenges for cause to certain jurors, the admis
• Weininger v. Weininger
  290 So. 3d 928· Fla. 3d DCA· 2019-10-10 ·cited 5×
  The appellate court affirmed in part and reversed in part a trial court's judgment in a dissolution of marriage case. The court affirmed the denial of permanent alimony and most property distribution decisions but reversed the trial court's decision to exclude a USAA Subscriber's
• Cappola v. Cappola
  280 So. 3d 102· Fla. 4th DCA· 2019-08-28 ·cited 5×
  A trial court abuses its discretion when it enforces a parental agreement regarding child custody without independently determining the child's best interests, as courts are not bound by such agreements and the child's best interests must supersede any parental agreement.
• State v. Martin
  277 So. 3d 265· Fla. 3d DCA· 2019-07-31 ·cited 5×
  The appellate court reversed a trial court's decision to exclude a defendant's post-Miranda videotaped statement. The court found that the trial court abused its discretion by excluding the evidence, as it was highly probative to the defendant's credibility and not unfairly preju
• Mera Pierre v. Kirenia Bueven
  276 So. 3d 917· Fla. 3d DCA· 2019-06-26 ·cited 5×
  The appellate court affirmed in part and reversed in part a final judgment on paternity and child-related matters. The court affirmed the determinations of parental responsibility and time-sharing due to a lack of a hearing transcript, but reversed the portion regarding unsupervi
• Helms v. State
  271 So. 3d 1030· Fla. 4th DCA· 2019-05-15 ·cited 5×
  The trial court erred in admitting the girlfriend's unsworn statement to police regarding Helms's phone number as substantive evidence to authenticate cell phone records, because the statement was inadmissible hearsay under Florida Statute § 90.614 and § 90.801(2)(a), as it was n
• Sumners v. Thompson
  271 So. 3d 1232· Fla. 1st DCA· 2019-05-13 ·cited 5×
  Sumners appeals a trial court's issuance of a one-year injunction for protection against dating violence sought by Thompson after he persistently contacted her following their breakup and made an unannounced visit to her home. The appellate court affirmed the existence of a datin
• R.M.A. v. J.A.S.
  269 So. 3d 649· Fla. 2d DCA· 2019-04-26 ·cited 5×
  In this consolidated family law appeal, the court reversed an attorney's fees award for lack of required written findings on the reasonableness of hours expended, while affirming the trial court's order establishing a payment plan for the fee award. The case involves competing ap
• Tolbert v. State
  268 So. 3d 947· Fla. 1st DCA· 2019-04-22 ·cited 5×
  The proper measure of restitution for destruction of property is the vehicle's fair market value at the time of the crime, not the outstanding balance on a loan used to finance the purchase. A defendant cannot be required to pay restitution for a loan balance that would have exis
• Rowe-Lewis v. Lewis
  267 So. 3d 1039· Fla. 4th DCA· 2019-04-03 ·cited 5×
  Thelma Rowe-Lewis appealed a final judgment denying her request for alimony in a dissolution of marriage case. The appellate court found two reversible errors: the trial court's failure to hold an evidentiary hearing on her fraud allegations against her ex-husband and the trial c
• Pazmino v. Lidia Gonzalez
  273 So. 3d 1056· Fla. 3d DCA· 2019-03-27 ·cited 5×
  The Pazminos appealed a trial court's award of attorneys' fees to Gonzalez, challenging both the entitlement to fees under the FDUTPA and the application of a 2.0 contingency risk multiplier to the lodestar amount. The appellate court affirmed, holding that the multiplier was pro
• Trice v. Trice
  267 So. 3d 496· Fla. 2d DCA· 2019-03-20 ·cited 5×
  A party seeking to dissolve a domestic violence injunction must show a change in circumstances such that the scenario underlying the injunction no longer exists and continuation would serve no valid purpose. Where the movant established geographic separation, six years without co
• Mattison v. Mattison
  266 So. 3d 258· Fla. 5th DCA· 2019-03-08 ·cited 5×
  The appellate court reversed and remanded a dissolution of marriage judgment, finding errors in child support calculations and equitable distribution of marital assets. The court clarified how to calculate income for child support, address arrearages, allocate uncovered medical e
• Sanabria v. Sanabria
  271 So. 3d 1101· Fla. 3d DCA· 2019-02-20 ·cited 5×
  Frank Sanabria appeals from an order granting his ex-wife's petition to relocate with their two minor children from Miami to Huntsville, Alabama. The central issue is whether the statutory presumption that relocation is in the children's best interests under Florida Statute § 61.
• Kenney v. Goff
  259 So. 3d 140· Fla. 4th DCA· 2018-12-12 ·cited 5×
  Former wife Cheryl Ann Kenney appeals a post-judgment order that characterized a $360,000 lump sum payment as equitable distribution rather than spousal support. The trial court's classification affected the characterization of the obligation in the parties' marital settlement ag
• Mark W. Rickard, P.A. v. Nature's Sleep Factory Direct, LLC.
  261 So. 3d 567· Fla. 4th DCA· 2018-10-31 ·cited 5×
  When a party timely files a motion for sanctions under § 57.105(1)(b) for a frivolous claim that is not withdrawn within the twenty-one-day safe harbor period, the trial court lacks discretion to deny the motion and must award reasonable attorney's fees, absent applicable statuto
• Fed. Nat'l Mortg. Ass'n v. JKM Servs.
  256 So. 3d 961· Fla. 3d DCA· 2018-10-03 ·cited 5×
  FNMA appeals the denial of its motions to intervene in a condominium receivership proceeding and to determine amounts owed under Florida's Safe Harbor Statute. The court reverses, holding that FNMA was entitled to intervene, that the receivership lacked authority to bind FNMA wit
• Garcia v. Guiles
  254 So. 3d 637· Fla. 1st DCA· 2018-09-05 ·cited 5×
  The trial court did not abuse its discretion in allowing the child's treating psychotherapist to testify after a court-appointed guardian ad litem determined that waiving the patient-psychotherapist privilege was in the child's best interest, and Garcia failed to meet the extraor
• Hilton M. Wiener v. The Country Club of Woodfield, Inc.
  254 So. 3d 488· Fla. 4th DCA· 2018-09-05 ·cited 5×
  A trial court errs in interpreting a pretrial stipulation when it fails to consider the apparent intent of the parties as disclosed by the stipulation's language and surrounding circumstances, and such error denies the party a fair trial warranting reversal and remand for a new t
• Murphy v. Kande K. Blubaugh
  252 So. 3d 809· Fla. 2d DCA· 2018-08-01 ·cited 5×
  A trial court's order granting a permanent injunction for protection against stalking must be affirmed when the appellant fails to provide a hearing transcript on appeal, precluding appellate review of the evidentiary support for the order.
• Bank of N.Y. Mellon v. Garcia
  254 So. 3d 565· Fla. 3d DCA· 2018-07-05 ·cited 5×
  A loan modification agreement is not a negotiable instrument, so a duplicate copy may be admitted without explanation for the original's unavailability. Additionally, an allegation of continuing default (failure to pay the initial default date and all subsequent payments) is suff
• Smith v. Daniel
  246 So. 3d 1279· Fla. 1st DCA· 2018-06-04 ·cited 5×
  A Florida trial court abuses its discretion by failing to accord full faith and credit to an unexpired domestic violence protection order from another state under 18 U.S.C. § 2265(a) and Florida law, and by awarding parenting time that directly contravenes the order's explicit te
• Esad Kurtanovic v. Zineta Kurtanovic
  248 So. 3d 247· Fla. 1st DCA· 2018-05-25 ·cited 5×
  The trial court erred in requiring a lump-sum payment without findings of ability to pay, in requiring life insurance to secure alimony without notice to the payor, in ordering alimony to extend beyond the payor's death without express agreement, and in awarding attorney's fees w
• Black v. Mery Cohen
  246 So. 3d 379· Fla. 4th DCA· 2018-04-25 ·cited 5×
  An objection to comments made during voir dire regarding insurance cannot serve as a basis for granting a new trial when the objecting party failed to move for mistrial, accepted a curative instruction without expressing dissatisfaction, and accepted the jury without reservation,
• Balaban v. Philip Morris USA Inc.
  240 So. 3d 896· Fla. 4th DCA· 2018-04-18 ·cited 5×
  Balaban seeks certiorari review of a trial court order disqualifying her attorney based on the prior case Philip Morris USA Inc. v. Caro. The Fourth District Court of Appeal vacates the disqualification order, holding that Caro is not dispositive when the conflicted attorney has
• Mt. Vernon Fire Ins. Co. v. New Moon Mgmt., Inc.
  239 So. 3d 183· Fla. 3d DCA· 2018-02-14 ·cited 5×
  An insurance company's nominal settlement proposal is made in good faith when, after extensive discovery and investigation, the offeror has a reasonable basis to conclude its exposure is nominal, entitling it to attorney's fees and costs under Florida Statute § 768.79.
• Walker v. State
  237 So. 3d 1162· Fla. 1st DCA· 2018-02-09 ·cited 5×
  The trial court committed reversible error by failing to hold a competency hearing and adjudicate the defendant's mental competency after reasonable grounds to question it were presented.
• Goldman v. Lustig
  237 So. 3d 381· Fla. 4th DCA· 2018-01-24 ·cited 5×
  Unit owners are entitled to use a portion of the dock based on the quitclaim assignment executed by the property owner, but are not entitled to an easement by necessity to access the dock because alternative practicable means of access exist.
• Irimi v. R.J. Reynolds Tobacco Co.
  234 So. 3d 789· Fla. 4th DCA· 2018-01-10 ·cited 5×
  A trial court reversibly errs when it excuses prospective jurors for cause without providing defense counsel an opportunity to conduct oral examination of those jurors, unless it is conclusively clear after questioning that there is no reasonable basis to anticipate the juror cou
• Payne v. State
  233 So. 3d 512· Fla. 1st DCA· 2017-12-21 ·cited 5×
  Todd Payne appeals his convictions for possession of cannabis and cocaine, challenging two statements made by the prosecutor during closing arguments. The Florida First District Court of Appeal affirms the convictions, finding that while one prosecutorial comment was unwise word
• Lebron v. State
  232 So. 3d 942· Fla.· 2017-12-21 ·cited 5×
  The Florida Supreme Court affirmed Joel Lebrón's convictions for first-degree murder, attempted murder, kidnapping, robbery, and sexual battery arising from a brutal 2002 crime in which he and codefendants abducted two high school students, raped one, and murdered her. However, t
• Williams v. Skylink Jets, Inc.
  229 So. 3d 1275· Fla. 4th DCA· 2017-11-15 ·cited 5×
  Adrian Williams, a pilot hired by Skylink Jets, was terminated and sued for breach of a Pilot Training Expense Agreement requiring reimbursement of training costs. After Williams defaulted and failed to respond to discovery, the trial court entered a default final judgment awardi
• Fla. Dep't OF Transp. & Jim Boxold v. Tropical Trailer Leasing, LLC
  229 So. 3d 1251· Fla. 1st DCA· 2017-11-06 ·cited 5×
  Florida Department of Transportation appeals a trial court's order certifying two subclasses in a class action brought by Tropical Trailer Leasing over toll assessment methods. The court reverses, holding that the trial court abused its discretion by certifying classes broader th
• Glenroy Anderson v. State
  230 So. 3d 175· Fla. 4th DCA· 2017-11-01 ·cited 5×
  Anderson was convicted of aggravated assault with a firearm based on an alleged roadway encounter. The court reversed because erroneously admitted hearsay testimony from a police officer describing the victim's prior statements about the gun's distinctive features was not harmles
• Minto PBLH, LLC v. 1000 Friends OF Fla., Inc.
  228 So. 3d 147· Fla. 4th DCA· 2017-10-18 ·cited 5×
  The court held that the trial court properly denied sanctions against one plaintiff under section 57.105 and section 163.3215(6), but erred in sanctioning other plaintiffs and their counsel on cross-appeal.
• Heartland Express v. Farber
  230 So. 3d 146· Fla. 1st DCA· 2017-09-29 ·cited 5×
  Heartland Express appealed a judgment in favor of Torres's guardian regarding a negligence claim arising from a tractor-trailer accident in Alabama. The court reversed the trial court's order granting a new trial on wantonness and punitive damages, finding that admitted expert te
• Kuchera v. Kuchera
  230 So. 3d 135· Fla. 4th DCA· 2017-09-27 ·cited 5×
  In this third appeal between divorcing spouses over alimony obligations, the Florida Fourth District Court of Appeal affirmed the trial court's denial of a determination of arrearages for 2008-2009 based on waiver and failure to preserve the issue, but reversed and remanded the d
• W.K. and M.K. v. Dep't OF Child. & Families
  230 So. 3d 905· Fla. 4th DCA· 2017-09-27 ·cited 5×
  Foster parents lack standing to appeal an order transferring custody of a child, and the guardian ad litem's appeal is affirmed because competent substantial evidence supports the trial court's decision that the transfer was in the child's best interest.