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

• Wells Fargo Bank, NA v. Giglio
  123 So. 3d 60· Fla. 4th DCA· 2013-03-13 ·cited 5×
  The appellate court held that the trial court abused its discretion by denying Wells Fargo's motion to vacate the final judgment and dismiss the case after the parties settled.
• Johnson v. State
  108 So. 3d 707· Fla. 5th DCA· 2013-03-01 ·cited 5×
  Reputation evidence regarding a witness's character for truthfulness must be based on knowledge from a sufficiently broad-based community or associates, not merely family members, and the trial court does not abuse its discretion in excluding such evidence when the foundation is
• Collier v. State
  134 So. 3d 1042· Fla. 1st DCA· 2013-01-31 ·cited 5×
  The trial court abused its discretion by denying a peremptory strike without conducting a genuineness inquiry into the race-neutral reasons provided.
• Vargas v. State
  101 So. 3d 1269· Fla. 4th DCA· 2012-12-05 ·cited 5×
  Luis Vargas was convicted of first-degree murder and sentenced to life in prison. On appeal, he challenged the trial court's admission of his prior statement threatening to kill the victim and argued insufficient evidence of premeditation. The appellate court affirmed the convict
• Sunbeam Television Corp. v. Clear Channel Metroplex, Inc.
  117 So. 3d 772· Fla. 3d DCA· 2012-10-09 ·cited 5×
  Sunbeam Television Corporation sought a stay pending appeal and alternatively a writ of mandamus from the Third District Court of Appeal. The court denied both motions without prejudice but extended a temporary stay for 30 days to allow Sunbeam to obtain a ruling on its stay moti
• Velcofski v. State
  96 So. 3d 1069· Fla. 4th DCA· 2012-09-05 ·cited 5×
  The court held that the trial court erred in admitting the defendant's complete and unredacted driving record, as its probative value was substantially outweighed by the danger of unfair prejudice, and this error was not harmless.
• Reffaie v. Wal-Mart Stores, Inc.
  96 So. 3d 1073· Fla. 4th DCA· 2012-09-05 ·cited 5×·via Abuse Of Discretion Standard For New Trial Motions
  In this slip-and-fall negligence case, the Florida Fourth District Court of Appeal reversed a jury verdict that found the plaintiff 80% comparatively negligent, holding that defense counsel's improper closing argument mischaracterizing an expert witness's relationship with person
• Deirdre A. Murphy v. Evans
  96 So. 3d 1034· Fla. 3d DCA· 2012-08-22 ·cited 5×
  Murphy appeals a trial court's order releasing funds from the court registry back to Evans, a former husband's attorney who had been held in civil contempt for repeatedly failing to produce trust account records and settlement proceeds. The appellate court reversed, holding that
• State v. Hope
  89 So. 3d 1132· Fla. 1st DCA· 2012-06-18 ·cited 5×
  The State appeals the trial court's dismissal of a drug sale charge based on a due process violation caused by pre-arrest delay of nearly three years. The appellate court affirms, holding that Florida's test for pre-arrest delay violations does not require proof of intentional go
• Roscoe Brown v. State
  86 So. 3d 1225· Fla. 2d DCA· 2012-05-02 ·cited 5×
  Roscoe Brown appeals the revocation of his probation based on a single curfew violation after nearly two years of compliance. The Florida District Court of Appeal reversed the revocation, holding that the trial court abused its discretion by applying a per se rule that all curfew
• Pena v. Citizens Prop. Ins. Co.
  88 So. 3d 965· Fla. 2d DCA· 2012-04-20 ·cited 5×
  The Penas sued their homeowner's insurer, Citizens Property Insurance Company, for additional payment on sinkhole damage coverage. The trial court dismissed their claim with prejudice after finding they had committed fraud on the court by submitting false affidavits about hiring
• Robert Nucci, M.D. v. Storm Football P'rs
  82 So. 3d 180· Fla. 2d DCA· 2012-03-09 ·cited 5×
  Dr. Nucci appeals a trial court judgment confirming an arbitration award of over $3.5 million against him in favor of Storm Football Partners. The key issue is whether the Partners waived their right to arbitrate by simultaneously pursuing injunctive relief in court while also in
• Witt v. Witt
  74 So. 3d 1127· Fla. 2d DCA· 2011-11-18 ·cited 5×
  The court held that the final judgment of dissolution must be reversed and remanded because the equitable distribution scheme was unclear and lacked statutorily required findings regarding both property division and alimony.
• Trevino v. Dep't OF Revenue & Div. OF Risk Mgmt.
  82 So. 3d 930· Fla. 1st DCA· 2011-07-22 ·cited 5×
  In this workers' compensation appeal, the court addressed whether a Judge of Compensation Claims properly rejected an expert medical advisor's recommendations for diagnostic testing and treatment. The court affirmed the denial of cervical spine diagnostic testing but reversed the
• Anne S. Bright v. Baltzell
  65 So. 3d 90· Fla. 4th DCA· 2011-06-22 ·cited 5×·via Abuse Of Discretion Standard For Costs
  Anne Bright appealed a trial court's award of attorney's fees and costs following her voluntary dismissal of a breach of contract action against Frank Baltzell. The Fourth District reversed the fee award but affirmed the cost award, finding that the dismissal was not a second vol
• Spectrum Interiors, Inc. v. Exterior Walls, Inc.
  65 So. 3d 543· Fla. 5th DCA· 2011-06-17 ·cited 5×
  The National Childhood Vaccine Injury Act of 1986 (NCVIA) pre-empts all state-law design-defect claims against vaccine manufacturers for injuries resulting from unavoidable side effects, even if the vaccine was properly prepared and warned.
• Castillo v. Castillo
  59 So. 3d 221· Fla. 3d DCA· 2011-03-23 ·cited 5×
  Manuel Castillo appeals a final judgment of dissolution of marriage, challenging the trial court's calculations of income imputation, alimony, child support, asset valuation date, equitable distribution, and tax exemption allocation. The appellate court affirms, finding the trial
• LR5A-JV v. Little House, LLC
  50 So. 3d 691· Fla. 5th DCA· 2010-12-10 ·cited 5×
  LR5A-JV, LP appealed a trial court order setting a date for judicial sale of mortgaged property following a 2008 foreclosure judgment. The Fifth District held that Florida Statute § 45.031(1) authorizes the trial court to set a judicial sale date, and the trial court did not abus
• Corbett v. Wilson
  48 So. 3d 131· Fla. 5th DCA· 2010-11-19 ·cited 5×
  In this personal injury appeal arising from an auto accident, the trial court granted the Wilsons' motion for a new trial, finding the jury's verdict against permanency of injury was against the manifest weight of the evidence because it rejected unrebutted expert testimony. The
• Atef Aziz v. Shereen Aziz
  45 So. 3d 975· Fla. 2d DCA· 2010-10-15 ·cited 5×
  In this dissolution of marriage appeal, the husband challenges temporary alimony and child support awards ordered by the circuit court. The Second District Court of Appeal affirms the circuit court's deferral of time-sharing pending a home study, but reverses the temporary suppor
• Vega v. State Farm Mut. Auto.
  45 So. 3d 43· Fla. 5th DCA· 2010-08-20 ·cited 5×
  In a dispute over the market value of an antique jeep damaged beyond repair, the trial court granted summary judgment for State Farm by disregarding expert testimony on valuation. The appellate court reversed the summary judgment on market value, holding that both experts qualifi
• Martin v. State
  41 So. 3d 1100· Fla. 4th DCA· 2010-08-18 ·cited 5×
  Michael Martin appeals his sexual battery conviction, challenging the trial court's exclusion of his two alibi witnesses. The Fourth District Court of Appeal reversed and remanded for a new trial, holding that while Martin was not subject to the strict alibi notice rule due to th
• Roby Eugene Pruitt v. Perez-Gervert
  41 So. 3d 286· Fla. 2d DCA· 2010-06-23 ·cited 5×
  In a personal injury case arising from an automobile accident, the Florida Second District Court of Appeal reversed a jury's awards for future medical expenses and loss of future earning capacity, finding these damages were not supported by sufficient evidence and the trial court
• Roni Friedman Cohen v. Cohen
  39 So. 3d 403· Fla. 4th DCA· 2010-06-23 ·cited 5×
  The appellate court affirmed the trial court's decisions regarding asset valuation, characterization of assets as marital or nonmarital, and denial of alimony, finding no abuse of discretion.
• G.S.P. v. K.B.
  30 So. 3d 667· Fla. 2d DCA· 2010-03-19 ·cited 5×
  The appellate court reversed in part and remanded an order modifying child support, finding merit in the Father's challenges to the trial court's findings concerning health care and child care expenses.
• Cameshia Byrd v. BT Foods, Inc.
  26 So. 3d 600· Fla. 4th DCA· 2009-12-02 ·cited 5×
  Cameshia Byrd sued her employer, Wendy's, for HIV discrimination after termination. The trial court admitted a 'no reasonable cause' determination letter from the EEOC into evidence, which the jury relied upon in finding for the employer. The Fourth District reversed, holding tha
• Hillsborough Cnty. Sheriff's Off. & N. Am. Risk Servs. v. Roseanne Hilsman
  23 So. 3d 743· Fla. 1st DCA· 2009-11-10 ·cited 5×
  The court held that the Judge of Compensation Claims erred in denying the Employer/Carrier's motion for taxable costs solely because the E/C failed to provide invoices or receipts proving actual payment.
• LaROSE v. A.K.
  37 So. 3d 265· Fla. 2d DCA· 2009-07-24 ·cited 5×
  A.K. sought a temporary injunction to remove an academic integrity violation and failing grade from her student file, alleging unfair plagiarism accusations by Professor LaRose and the University of Tampa. The trial court granted the temporary injunction, and this appeal affirms
• Doherty v. Brown
  14 So. 3d 1266· Fla. 1st DCA· 2009-07-08 ·cited 5×
  Doherty and Brown appealed and cross-appealed from a trial court's order modifying a foreign custody decree. The court rejected Brown's petition to modify the child's primary physical residence and included dicta about future custody arrangements. The appellate court affirmed, fi
• Altamonte Springs Imaging, L.C. v. State Farm Mut. Auto. Ins. Co.
  12 So. 3d 850· Fla. 3d DCA· 2009-06-03 ·cited 5×
  Altamonte Springs Imaging (ASI), an intervenor in a class action settlement, appeals the trial court's certification of a class action and approval of a settlement agreement between Open MRI and State Farm regarding the computation of Consumer Price Index (CPI) adjustments for ma
• T.G. v. Dep't of Child. & Families
  9 So. 3d 48· Fla. 4th DCA· 2009-03-18 ·cited 5×
  A mother appeals the termination of her parental rights after she voluntarily executed a surrender and consent in open court. The court affirmed, finding that the mother's surrender was made voluntarily without fraud or duress, supported by the thorough colloquy conducted before
• Cannon v. State
  18 So. 3d 562· Fla. 1st DCA· 2009-01-12 ·cited 5×
  Where a defendant participates in planning an armed robbery and a murder results from forces set in motion by that plan, an independent act instruction is not appropriate even if a different victim is killed, because such a killing is a foreseeable consequence of armed robbery.
• In re Est. OF William R. Cummins v. Bowman
  979 So. 2d 984· Fla. 3d DCA· 2008-02-13 ·cited 5×
  The Medical Device Amendments of 1976 (MDA) pre-emption provision, 21 U. S. C. § 360k, preempts state-law requirements that differ from federal requirements, including common-law duties.
• Lasiak v. State
  966 So. 2d 983· Fla. 5th DCA· 2007-09-14 ·cited 5×
• Shoaf v. Michael Geiling, D.O.
  960 So. 2d 41· Fla. 5th DCA· 2007-06-01 ·cited 5×
  The Shoafs appealed a trial court's order granting a new trial in a medical malpractice action. The appellate court affirmed the trial court's decision, finding no abuse of discretion, while also providing guidance on evidentiary issues that arose during trial to assist the parti
• Lavallee v. State
  958 So. 2d 509· Fla. 4th DCA· 2007-05-30 ·cited 5×·via Abuse Of Discretion Standard For Evidence Admission
  The court held that the trial court abused its discretion by admitting evidence of a screwdriver and gloves found on the appellant, as this evidence was irrelevant to the burglary charge.
• Morrison v. West
  953 So. 2d 755· Fla. 4th DCA· 2007-04-18 ·cited 5×
  The trial court did not abuse its discretion in denying a motion to vacate an order modifying a final judgment to ensure settlement funds were held in trust pending resolution of a fee dispute.
• Figueroa v. State
  952 So. 2d 1238· Fla. 3d DCA· 2007-04-04 ·cited 5×
  Jose Figueroa was convicted of attempted carjacking and appealed, claiming the trial court abused its discretion by limiting individual voir dire of jurors and by admitting a portion of his pre-trial statement. The appellate court affirmed the conviction, finding no abuse of disc
• Hawker v. State
  951 So. 2d 945· Fla. 4th DCA· 2007-03-07 ·cited 5×
  Ralph Hawker was civilly committed as a sexually violent predator under Florida's Jimmy Ryce Act following a jury trial. On appeal, he challenged the trial court's reversal of its motion in limine ruling that had excluded evidence of his sexual relationship with J.D. after J.D. t
• Perez v. State
  949 So. 2d 363· Fla. 2d DCA· 2007-03-02 ·cited 5×
  Victor Perez was convicted of robbery with a weapon based solely on the victim's eyewitness identification. The appellate court reversed because the trial court improperly restricted cross-examination of the victim regarding inconsistent statements she made at the suppression hea
• Taylor v. State
  949 So. 2d 345· Fla. 4th DCA· 2007-02-28 ·cited 5×
  The appellate court affirmed the trial court's revocation of probation, finding sufficient evidence of a willful and substantial violation of the restitution payment terms.
• Leland v. Dawson, Jr.
  948 So. 2d 1026· Fla. 5th DCA· 2007-02-23 ·cited 5×
• Davis v. State
  945 So. 2d 607· Fla. 4th DCA· 2006-12-20 ·cited 5×
  Mario Davis appeals the revocation of his probation. The appellate court affirmed the trial court's finding that Davis violated his probation by dealing in stolen property and providing false verification of ownership to a pawn broker, but reversed the finding regarding failure t
• Infantes v. State
  941 So. 2d 432· Fla. 3d DCA· 2006-10-11 ·cited 5×
  The appellate court affirmed the trial court's judgment, finding no abuse of discretion regarding voir dire questioning or the refusal to reread testimony.
• Lewis v. State
  931 So. 2d 1034· Fla. 4th DCA· 2006-06-21 ·cited 5×
  Andre Lewis was convicted of possession of cocaine with intent to deliver or sell. The appellate court reversed his conviction because the trial court erroneously denied his cause challenge to prospective juror Castro, who expressed significant bias related to a family member's d
• Crowe v. Lowe
  942 So. 2d 903· Fla. 4th DCA· 2006-05-24 ·cited 5×
  Lester Crowe sued Charles Lowe and Wayne Hildebrand for injuries sustained during a physical altercation at a bar following a car racing incident. The trial court excluded critical evidence—a deposition from an unavailable witness and testimony from another witness—and entered ju
• Murton Roofing Corp. v. FF Fund Corp.
  930 So. 2d 772· Fla. 3d DCA· 2006-05-17 ·cited 5×
  The appellate court held that the trial court erred in vacating the arbitration award because the arbitrator did not abuse discretion by refusing post-hearing evidence and the evidence was not material.
• Scott v. Reyes
  913 So. 2d 13· Fla. 2d DCA· 2005-09-09 ·cited 5×
  Mrs. Scott sought to recover two jointly-owned accounts that the decedent reestablished in his sole name without her knowledge or consent. The court held that the decedent's actions constituted an assertion of beneficial ownership, making the trust exception inapplicable, and the
• Miami-Dade Cnty. v. Merker
  907 So. 2d 1213· Fla. 3d DCA· 2005-06-22 ·cited 5×
  Miami-Dade County appealed a trial court order granting a new trial on damages in a wrongful death case involving a wheelchair-bound bus passenger who was ejected during an emergency stop. The appellate court affirmed the trial court's decision, finding that a zero-dollar verdict
• Somerville v. Ratan K. Ahuja, M.D.
  902 So. 2d 930· Fla. 5th DCA· 2005-06-03 ·cited 5×
  The Florida Fifth District Court of Appeal reversed a jury verdict that denied the plaintiff damages in a medical malpractice case, holding that the trial judge abused his discretion by refusing to excuse for cause two prospective jurors (Love and Garner) who demonstrated bias ag