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

• Sajiun v. Hernandez
  226 So. 3d 875· Fla. 4th DCA· 2017-08-23 ·cited 5×
  In this wrongful death appeal, the plaintiff challenged the trial court's admission of evidence regarding the decedent motorcyclist's speed, the truck's weight, and statements made by the decedent's child to a psychotherapist. The Fourth District affirmed the judgment for the def
• Bldg. B1, LLC v. Component Repair Servs., Inc.
  224 So. 3d 785· Fla. 3d DCA· 2017-07-12 ·cited 5×
  Building B1 appealed a trial court judgment awarding CRS damages on its counterclaim for breach of an oral agreement to reimburse repairs after Hurricane Wilma. The court affirmed, holding that the lease had expired and become a month-to-month tenancy, that Building B1 failed to
• Threadgill v. Nishimura
  222 So. 3d 633· Fla. 2d DCA· 2017-06-28 ·cited 5×
  The court held that the trial court erred in calculating alimony by failing to deduct business expenses and by miscrediting payments, and that the appeal of attorney's fees entitlement was premature.
• Destination Boat Clubs, Inc. v. Island Breeze Boat Club & Rental Inc.
  226 So. 3d 301· Fla. 2d DCA· 2017-06-09 ·cited 5×
  The court held that attorney fees and costs were properly denied against an individual impleaded party but should have been awarded against the original judgment debtor in proceedings supplementary.
• Riddle v. Riddle
  214 So. 3d 694· Fla. 4th DCA· 2017-03-29 ·cited 5×
  A Florida appellate court affirmed a trial court's modification of a temporary custody order, establishing that courts need not find a substantial change in circumstances to modify pretrial temporary custody orders—only that final custody decrees require such a showing. The opini
• R.J. Reynolds Tobacco Co. v. Robinson
  216 So. 3d 674· Fla. 1st DCA· 2017-02-24 ·cited 5×
  R.J. Reynolds appealed the denial of its motion for new trial after a jury verdict in a tobacco-related wrongful death case, arguing that plaintiff's counsel made numerous improper closing arguments disparaging Reynolds for defending itself at trial and failing to 'accept respons
• Laster v. State
  212 So. 3d 392· Fla. 4th DCA· 2017-02-22 ·cited 5×
  Johnny Lee Laster appealed his robbery conviction and ten-year sentence, arguing the trial court should have sua sponte ordered a competency evaluation and that he received ineffective assistance of counsel. The Fourth District affirmed, holding that a trial court has no obligati
• Clarece Nash v. Fla. Atl. Univ. Bd. of Trs.
  213 So. 3d 363· Fla. 4th DCA· 2017-02-22 ·cited 5×
  Florida Atlantic University denied Professor Nash's application for promotion and tenure. An arbitrator found the University violated the collective bargaining agreement by failing to apply established criteria and directed that Nash be granted tenure. The circuit court vacated t
• Ramadon v. Ramadon
  216 So. 3d 26· Fla. 2d DCA· 2017-02-17 ·cited 5×·via Abuse Of Discretion Standard For Continuance
  Vanessa Ramadon appealed a final judgment in her divorce case from Richard Ramadon, challenging the trial court's denial of her motion to continue the final hearing on bifurcated financial issues. The appellate court reversed, finding that the trial court abused its discretion by
• Lally Orange Buick Pontiac GMC, Inc. v. Simi Sandhu
  207 So. 3d 981· Fla. 5th DCA· 2016-12-22 ·cited 5×
  The Florida District Court of Appeal reversed a trial court's judicial appraisal that valued a minority shareholder's interest at $1.9 million, holding that the valuation was not supported by competent, substantial evidence. The court found that the trial court credited one exper
• Olson v. Pickett Downs Unit IV Homeowner's Ass'n, Inc.
  205 So. 3d 869· Fla. 5th DCA· 2016-12-02 ·cited 5×
  Olson appeals a trial court's denial of attorney's fees and court costs following a mixed judgment in a homeowners association dispute over property drainage modifications. The appellate court held that Olson, who prevailed on the counts containing attorney's fees provisions, was
• Hernandez v. State
  204 So. 3d 128· Fla. 4th DCA· 2016-11-16 ·cited 5×
  Felix Hernandez appeals the trial court's summary denial of his motion to withdraw a no contest plea to lewd or lascivious molestation charges. The appellate court holds that Hernandez is entitled to an evidentiary hearing to determine whether his plea was involuntary based on al
• Henry v. Jones
  202 So. 3d 129· Fla. 2d DCA· 2016-10-14 ·cited 5×·via Abuse Of Discretion Standard For New Trial Motions
  George Henry appealed a trial court's order granting a new trial in his tort action against his sister Margaret Jones for tortiously interfering with his expectancy of inheritance. The appellate court affirmed the new trial order, but on different grounds than the trial court rel
• Linde v. In re Barrett M. Linde
  199 So. 3d 1102· Fla. 3d DCA· 2016-09-07 ·cited 5×
  Arthur Linde, as temporary guardian of his father Barrett Linde, appealed the trial court's order restoring his father's full legal capacity. The appellate court affirmed, rejecting the temporary guardian's challenges to an injunction limiting his communications with the independ
• J.A.H. v. State
  198 So. 3d 884· Fla. 4th DCA· 2016-07-13 ·cited 5×
  The trial court abused its discretion by denying a petition to seal criminal records without conducting an evidentiary hearing or stating specific reasons for denial.
• Parrish v. RL Regi Fin., LLC
  194 So. 3d 571· Fla. 2d DCA· 2016-06-29 ·cited 5×
  The court held that an order imposing nonmonetary sanctions, such as self-reporting to the Florida Bar, is appealable if the sanctioned party was not a party to the underlying case, but monetary sanctions are not appealable until the amount is fixed. The court also held that the
• Fla. Peninsula Ins. Co. v. Wagner
  196 So. 3d 419· Fla. 2d DCA· 2016-06-01 ·cited 5×
  Florida Peninsula Insurance Company appeals a final judgment construing an insurance policy provision in favor of the Wagners and awarding them attorney's fees with a 2.0 multiplier. The appellate court affirms the underlying judgment but reverses the fee multiplier award, holdin
• B.J. v. Dep't OF Child. & Families
  190 So. 3d 191· Fla. 3d DCA· 2016-04-20 ·cited 5×
  Mother B.J. appealed the trial court's adjudication of her daughter A.G. as dependent following the death of A.G.'s infant sibling. The Third District Court of Appeal reversed, holding that the totality of circumstances—a messy hotel room, parents' cannabis use, alleged evasivene
• Sandor Eduardo Guillen v. State
  189 So. 3d 1004· Fla. 3d DCA· 2016-04-13 ·cited 5×
  Sandor Guillen appeals his criminal convictions for DUI manslaughter, vehicular homicide, and leaving the scene of a fatal crash, challenging the trial court's denial of his motion for a continuance, denial of his motion to exclude an expert witness, and admission of photographs
• Seymour v. State
  187 So. 3d 356· Fla. 4th DCA· 2016-03-16 ·cited 5×
  Dallas Seymour was convicted of manslaughter and possession of a firearm by a convicted felon after a gun discharged in his home, killing a tenant. The Fourth District Court of Appeal reversed his manslaughter conviction and remanded for a new trial, finding the trial court erred
• State v. Haughton
  188 So. 3d 32· Fla. 3d DCA· 2016-03-09 ·cited 5×
  The Florida Department of Revenue appealed the trial court's denial of its motion to vacate an order terminating a father's child support arrears obligation. The court reversed, holding that the order was void because it was issued without notice to DOR, violating its fundamental
• Opsincs v. State
  185 So. 3d 654· Fla. 4th DCA· 2016-02-10 ·cited 5×
  Michael Opsincs was convicted of vehicular homicide and reckless driving charges arising from a fatal accident that killed an 11-year-old girl. The Fourth District Court of Appeal affirmed the sufficiency of evidence supporting the convictions but reversed and remanded for a new
• Panchoo v. State
  185 So. 3d 562· Fla. 5th DCA· 2016-01-22 ·cited 5×
  The court held that while the prosecutor's 'Golden Rule' argument was improper, it did not warrant a mistrial because it was isolated and harmless beyond a reasonable doubt.
• Dewar v. Dough BOY Pizza, Inc.
  184 So. 3d 1169· Fla. 2d DCA· 2015-12-16 ·cited 5×
  The court held that a party on whose behalf unsolicited faxes are sent can be held directly liable under the TCPA, reversing summary judgment and denial of class certification.
• Medlin v. State
  180 So. 3d 1101· Fla. 5th DCA· 2015-12-04 ·cited 5×
  The court held that a restitution order cannot include the value of items not covered by the charged offenses, even if they were missing from the victim's property.
• Lenist KEY v. State
  179 So. 3d 513· Fla. 4th DCA· 2015-11-25 ·cited 5×
  Lenist Key appeals his conviction for armed sexual battery and armed kidnapping, arguing the trial court erred in denying his motion for mistrial based on alleged jury misconduct. The Fourth District Court of Appeal affirmed, holding that a brief conversation between two jurors a
• Heldt-Pope v. Thibault
  198 So. 3d 650· Fla. 2d DCA· 2015-11-13 ·cited 5×
  The court held that a voluntary dismissal does not divest a trial court of jurisdiction to award attorney's fees under section 57.105(1) for claims or defenses presented without factual or legal support.
• Jose Luis Vargas, M.D. v. Gutierrez
  176 So. 3d 315· Fla. 3d DCA· 2015-08-26 ·cited 5×
  Dr. Vargas appeals the denial of his motion for directed verdict and motion for new trial in a medical malpractice case where a jury awarded $4.1 million to Monica Gutierrez for alleged negligent failure to diagnose her kidney disease. The appellate court affirms the denial of th
• Moss v. State
  169 So. 3d 223· Fla. 1st DCA· 2015-07-01 ·cited 5×
  Vernon Bernard Moss was convicted of burglary and sexual battery for assaulting a resident at an apartment complex where he worked. The Florida First District Court of Appeal reversed the convictions and remanded for a new trial, finding reversible error in the admission of colla
• Ruvim London v. Dubrovin
  165 So. 3d 30· Fla. 3d DCA· 2015-04-29 ·cited 5×
  The court held that a new trial should not have been granted based on cumulative unfair surprise because the party claiming surprise declined continuances offered by the trial court, thus waiving the claim of prejudice.
• Talbert John Wood v. Blunck
  152 So. 3d 693· Fla. 1st DCA· 2014-11-24 ·cited 5×
  The court held that the trial court's order denying modification of alimony was insufficient to support its conclusion, as the findings regarding the wife's increased income and reduced deficit were inconsistent with the denial.
• Albu v. Albu
  150 So. 3d 1226· Fla. 4th DCA· 2014-11-19 ·cited 5×
  In this marital dissolution modification case, the former husband appealed a trial court order reducing his alimony obligation rather than terminating it despite his claimed inability to pay. The Fourth District affirmed, holding that the trial court properly balanced the former
• Martins v. The Oaks Master Prop. Owners Ass'n, Inc.
  159 So. 3d 142· Fla. 5th DCA· 2014-11-14 ·cited 5×
  Sergio Martins appeals a foreclosure judgment on his property for unpaid HOA assessments, arguing the court's service by publication was defective. The court agreed that the HOA's constructive service violated due process because it failed to attempt service at Martins' known add
• Handel v. Nevel
  147 So. 3d 649· Fla. 3d DCA· 2014-09-17 ·cited 5×
  Mary Handel appealed a trial court's denial of her motion for relief from judgment under Florida Rule of Civil Procedure 1.540(b), claiming she was entitled to set aside a partial final judgment dismissing counts of her complaint. The court affirmed, holding that the trial court
• Malone v. State
  146 So. 3d 155· Fla. 1st DCA· 2014-09-10 ·cited 5×
  Timothy Gene Malone appealed his probation revocation and 15-year sentence, challenging the trial court's finding that he willfully and substantially violated multiple conditions of probation. The appellate court reversed and remanded, finding that violations based on Malone's in
• Dalia Dippolito v. State
  143 So. 3d 1080· Fla. 4th DCA· 2014-07-30 ·cited 5×
  Dalia Dippolito appeals her conviction for solicitation to commit first-degree murder after a jury trial where she was denied individual voir dire questioning about pretrial publicity exposure and the trial court failed to strike the jury panel after jurors heard inadmissible evi
• Kellner v. David
  140 So. 3d 1042· Fla. 5th DCA· 2014-05-30 ·cited 5×
  Appellants appeal a jury verdict in a negligence case arising from a motorcycle-SUV collision, challenging the exclusion of the defendant driver's testimony about accident scene measurements and the amount of damages awarded for loss of future earning capacity. The court affirmed
• Nedge Nora Turnier v. Stockman
  139 So. 3d 397· Fla. 3d DCA· 2014-05-21 ·cited 5×
  The mother appeals a parenting plan ordering that the deaf parties' deaf child live with the father during the school year to attend the Florida School for the Deaf and the Blind in St. Augustine. The appellate court affirms, finding the trial court did not abuse its discretion a
• E.I. Dupont de Nemours & Co., Inc. v. Sidran
  140 So. 3d 620· Fla. 3d DCA· 2014-04-23 ·cited 5×
  E.I. DuPont appeals from an order striking its pleadings and entering default judgment for alleged fraud on the court based on claims that its Benlate document depository was a sham designed to obstruct discovery. The appellate court reversed, finding no clear and convincing evid
• Francois v. State
  137 So. 3d 1186· Fla. 3d DCA· 2014-04-16 ·cited 5×
  Gerard Francois appeals his convictions for aggravated battery and misdemeanor battery, challenging the trial court's denial of his last-minute motion for a continuance to substitute private counsel after jury selection and his claim of ineffective assistance of counsel. The Flor
• Ramana Chigurupati and Durgasguthi Chigurupati v. Progressive Am. Ins. Co.
  132 So. 3d 263· Fla. 4th DCA· 2013-12-11 ·cited 5×
  Progressive Insurance filed a subrogation suit against Ohio residents Ramana and Durgasguthi Chigurupati for damages from an auto accident. The court denied their motion to quash service and vacate a clerk's default, but the Fourth District reversed the default portion because th
• Buckman v. Sergeant James A. Beighley and Officer T. Coleman
  128 So. 3d 133· Fla. 1st DCA· 2013-10-23 ·cited 5×
  Antonio Buckman appealed a trial court's order denying his motion for relief from judgment under Florida Rule of Civil Procedure 1.540(b). Buckman argued he was entitled to relief because the judgment failed to advise him that appeals must be filed within 30 days, which he claime
• Luckenson Datus v. State
  126 So. 3d 363· Fla. 4th DCA· 2013-08-07 ·cited 5×
  Luckenson Datus appealed his convictions for burglary of a dwelling and resisting arrest without violence, challenging the admission of testimony about an officer's six-month injury resulting from pursuing the suspect. The court held that while the testimony was irrelevant to the
• State v. Conroy
  118 So. 3d 305· Fla. 3d DCA· 2013-07-31 ·cited 5×
  The State of Florida appealed the trial court's dismissal of four counts from an amended criminal information filed on the day of trial after the speedy trial period had expired. The appellate court affirmed the dismissal of the newly added counts but reversed the dismissal of th
• LEE v. State
  117 So. 3d 848· Fla. 5th DCA· 2013-07-09 ·cited 5×
  The court held that the trial court may have used an incorrect standard in ruling on the motion for a new trial, requiring a new hearing.
• Dewayne Mickens v. State
  121 So. 3d 563· Fla. 4th DCA· 2013-06-12 ·cited 5×
  Dewayne Mickels appeals his convictions for robbery, burglary, and false imprisonment, challenging the trial court's admission of DNA evidence that could not conclusively identify him as a perpetrator. The appellate court affirms, holding that under Florida law, DNA evidence need
• Miccosukee Tribe OF Indians v. Lehtinen
  114 So. 3d 329· Fla. 3d DCA· 2013-05-15 ·cited 5×
  The Miccosukee Tribe petitioned for a writ of certiorari to disqualify the respondent's attorney Klock, arguing he would gain an unfair informational advantage in other unrelated cases against the tribe by representing their former attorney in a malpractice suit. The court denied
• E. Coast Metal Decks, Inc. v. Boran Craig Barber Engel Constr. Co., Inc.
  114 So. 3d 311· Fla. 2d DCA· 2013-05-15 ·cited 5×
  East Coast Metal Decks appealed the trial court's denial of its motion to transfer venue from Collier County to Brevard County in a breach of contract action. The Second District affirmed, holding that the parties' contractual venue selection provision constituted a valid waiver
• Tia Gautreaux v. Maya
  112 So. 3d 146· Fla. 5th DCA· 2013-05-10 ·cited 5×
  Tia Gautreaux appealed the dismissal of her personal injury negligence case for fraud on the court after she made inconsistent statements about prior headaches. The Florida District Court of Appeal reversed, holding that her misrepresentations did not meet the narrow, stringent s
• Matos v. State
  111 So. 3d 964· Fla. 5th DCA· 2013-04-26 ·cited 5×
  The trial court erred by denying a petition for removal of sex offender registration without a hearing on disputed material facts.