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

• Castillo v. Jeffrey J. Bush, M.D.
  902 So. 2d 317· Fla. 5th DCA· 2005-05-27 ·cited 5×
  Carmen Castillo, as personal representative of her husband's estate, appealed a jury verdict in a medical malpractice case against Dr. Jeffrey Bush, a radiologist who allegedly misread a CT scan. The Florida Fifth District Court of Appeal affirmed the judgment in favor of Dr. Bus
• DeCRISTO v. Columbia Hosp. Palm Beaches
  896 So. 2d 909· Fla. 4th DCA· 2005-03-02 ·cited 5×
  This case concerns whether a medical malpractice lawsuit should be dismissed due to an expert witness's prior disqualification, which was not disclosed in a presuit affidavit. The appellate court found that dismissing the case with prejudice was too severe a sanction for the plai
• Johnson v. State
  890 So. 2d 490· Fla. 5th DCA· 2004-12-30 ·cited 5×
  Jermaine Johnson appeals his probation revocation and ten-year sentence. The trial court revoked his probation based on multiple alleged violations, but the appellate court found insufficient evidentiary support for most violations and inconsistencies between the oral pronounceme
• Fla. State Lottery v. Woodfin
  871 So. 2d 931· Fla. 5th DCA· 2004-03-26 ·cited 5×
  The court held that the joint tortfeasor exception to the home venue privilege applies to statutory provisions, allowing a trial court discretion to deny a change of venue when a governmental body is sued as a joint tortfeasor.
• Sidran v. E.I. Dupont de Nemours & Co., Inc.
  925 So. 2d 1040· Fla. 3d DCA· 2003-11-26 ·cited 5×
  The Sidrans appealed a judgment of no liability in a product liability case against DuPont regarding Benlate DF fungicide allegedly damaging their orchid business. The court reversed and remanded, finding the trial court abused its discretion by admitting expert testimony about w
• Vincent v. Marc A. Kaufman, M.D.
  855 So. 2d 1153· Fla. 4th DCA· 2003-09-17 ·cited 5×
  Vincent appealed the dismissal of her medical malpractice action against Dr. Kaufman for failing to comply with statutory presuit discovery requirements by submitting medical records five days after the 90-day deadline. The court reversed, holding that substantial compliance achi
• Cole v. Heritage Cmtys., Inc.
  838 So. 2d 1237· Fla. 5th DCA· 2003-03-07 ·cited 5×
  The court held that the trial court did not abuse its discretion in denying a continuance or in rejecting expert testimony.
• United States v. Frazier
  322 F.3d 1262· 11th Cir.· 2003-02-26 ·cited 5×
  The district court abused its discretion by excluding the testimony of the defense's forensic investigator, Robert Tressel, which would have cast doubt on the victim's allegations of sexual assault by highlighting the absence of corroborating forensic evidence. This exclusion dep
• Yaite Gonzalez-Valdes v. State
  834 So. 2d 933· Fla. 3d DCA· 2003-01-22 ·cited 5×
  Yaite Gonzalez-Valdes appeals her second-degree murder conviction for shooting her live-in boyfriend, claiming trial court errors in denying her mistrial motion, admitting testimony about the victim's non-abusive history, and permitting improper prosecution remarks. The appellate
• Blake v. State
  180 So. 3d 89· Fla.· 2002-08-12 ·cited 5×
  Harold Blake, convicted of first-degree murder and sentenced to death for the 2002 shooting death of Maheshkumar Patel during an attempted robbery, appeals the denial of his postconviction motion to vacate his conviction and sentences and petitions for habeas corpus. The Florida
• Banyan Lakes Home Owners Ass'n, Inc. v. Sch. Dist. OF Palm Beach Cnty.
  823 So. 2d 247· Fla. 4th DCA· 2002-08-07 ·cited 5×
  The court held that the trial court did not abuse its discretion in denying a motion for a temporary injunction.
• Shearon v. Sullivan
  821 So. 2d 1222· Fla. 1st DCA· 2002-07-26 ·cited 5×
  In this personal injury case arising from a 1998 automobile accident, the Florida First District Court of Appeal reversed the trial court's exclusion of a treating neurologist's expert testimony regarding future medical care and costs, holding that such testimony—though qualified
• Skanes v. State
  821 So. 2d 1102· Fla. 5th DCA· 2002-06-07 ·cited 5×
  William Skanes appealed his conviction and life sentence for first-degree murder, claiming prosecutorial error and insufficient evidence of premeditation. The Florida Fifth District Court of Appeal affirmed his conviction, finding the evidence overwhelming and any prosecutor comm
• Valderrama v. State
  816 So. 2d 1143· Fla. 4th DCA· 2002-04-24 ·cited 5×
  The court held that the trial court did not err in denying the defendant's motions for judgment of acquittal and mistrial, nor in denying the motion to strike the venire.
• Hood v. State
  808 So. 2d 1257· Fla. 3d DCA· 2002-03-06 ·cited 5×
• Popps v. Popps
  806 So. 2d 583· Fla. 4th DCA· 2002-01-30 ·cited 5×
  Dismissal with prejudice was an abuse of discretion because the plaintiff ultimately complied with statutory presuit procedures after filing a second notice of intent, and the trial court's dismissal failed to adequately consider the constitutional right of access to the courts.
• State v. Dunnaway
  778 So. 2d 378· Fla. 4th DCA· 2001-01-17 ·cited 5×
  The Fourth District Court of Appeal affirmed the trial court's order granting a new trial, holding that the trial court did not abuse its broad discretion. The appellate court emphasized the deference owed to a trial judge's decision to grant a new trial, especially when the judg
• Alexander v. State
  778 So. 2d 1017· Fla. 4th DCA· 2000-12-20 ·cited 5×·via Abuse Of Discretion Standard For Evidentiary Rulings
  James Alexander was convicted of first-degree murder and kidnapping in the death of Louis Gordon and sentenced to life without parole. On appeal, Alexander challenged the admission of hearsay evidence regarding co-conspirator statements and complained that the trial court failed
• Dwaynes Marrs v. State
  770 So. 2d 277· Fla. 4th DCA· 2000-11-01 ·cited 5×
  Dwayne Marrs appealed his probation violation conviction and nine-year sentence. The appellate court affirmed the trial court's finding that Marrs violated his probation but reversed in part due to the trial court's erroneous assessment of victim injury points on the sentencing s
• State v. Imran Baksh
  758 So. 2d 1222· Fla. 4th DCA· 2000-05-17 ·cited 5×
  Florida appealed a downward departure sentence imposed on Imran Baksh for burglary of a dwelling and possession of burglary tools. The Fourth District Court of Appeal affirmed the downward departure but remanded for the trial court to file written reasons as required by law, sinc
• Toledo v. Edie Wisk
  754 So. 2d 83· Fla. 4th DCA· 2000-03-08 ·cited 5×
  The court affirmed the final judgment for attorneys' fees, finding no abuse of discretion in the amount awarded or the sufficiency of the evidence.
• Sila Nicholson v. Nicholson
  717 So. 2d 123· Fla. 4th DCA· 1998-09-09 ·cited 5×
  Sila Nicholson appealed a final judgment of dissolution of marriage, challenging the trial court's denial of her continuance request. The appellate court found the trial court abused its discretion by proceeding to trial without postponement when the wife's attorney had just with
• State v. Ceasar Robinson
  711 So. 2d 619· Fla. 2d DCA· 1998-05-22 ·cited 5×
  The State appealed a trial court's grant of post-conviction relief to Robinson based on newly discovered evidence consisting of inmate Hollins's testimony that the key eyewitness, Ms. Francis, had recanted her trial testimony. The appellate court reversed, holding that the newly
• Ketterson v. In re Est. OF Coreen Mary Bruns
  711 So. 2d 613· Fla. 4th DCA· 1998-05-20 ·cited 5×
  The Florida Fourth District Court of Appeal affirmed a trial court's award of attorney's fees and costs from a contempt proceeding against Ketterson and MRI Medical Services. The court rejected appellants' claims that they were denied due process and that the trial court improper
• AYO v. State
  708 So. 2d 692· Fla. 5th DCA· 1998-04-24 ·cited 5×
  The appellate court affirmed the denial of the extension to amend the motion but remanded for a ruling on the original motion.
• Perriman v. State
  707 So. 2d 1151· Fla. 3d DCA· 1998-02-18 ·cited 5×
  Perriman appealed his conviction for possession of a firearm by a convicted felon, challenging the trial court's refusal to directly answer a jury question about whether a convicted felon who unknowingly possesses a gun violates the law. The appellate court upheld the conviction,
• Mahmoud Ismail Ayyash v. Ayyash
  700 So. 2d 752· Fla. 5th DCA· 1997-10-10 ·cited 5×
  This case addresses whether a trial court properly modified a temporary custody order awarding a Palestinian-American father custody after the mother absconded with the children for six and a half years. The appellate court reversed, holding that the mother's misconduct in fleein
• Emanuele v. Perdue
  693 So. 2d 1071· Fla. 4th DCA· 1997-05-14 ·cited 5×·via Abuse Of Discretion Standard For New Trial Motions
  An insurance company and medical service provider appealed a trial court's order granting a new trial in a personal injury case. The appellate court reversed, holding that the trial court abused its discretion by setting aside a jury verdict that found the plaintiff failed to sus
• Hernandez v. Gisonni
  657 So. 2d 33· Fla. 4th DCA· 1995-06-21 ·cited 5×
  In this automobile accident personal injury case, Hernandez appeals the trial court's denial of his post-trial motions for remittitur and setoff of a settlement. The court affirmed, holding that the jury verdict of $324,000 was supported by evidence and that Hernandez was not ent
• Haley v. Haley
  649 So. 2d 332· Fla. 5th DCA· 1995-01-27 ·cited 5×
• Sierra Club v. Fed. Deposit Ins. Corp.
  992 F.2d 545· 5th Cir.· 1993-06-08 ·cited 5×
  The court held that the district court had jurisdiction to enjoin the FDIC, but vacated the injunction because the plaintiffs had not yet shown entitlement to relief and the district court failed to enter required findings of fact and conclusions of law.
• Cutting v. Jerome Foods
  993 F.2d 1293· 7th Cir.· 1993-05-20 ·cited 5×
  The court held that the employer's employee benefits plan reasonably interpreted its subrogation clause to disclaim the 'make whole' principle, and thus was not required to reimburse the Cuttings for their medical expenses.
• Sparks v. Gilley Trucking Co.
  992 F.2d 50· 4th Cir.· 1993-04-21 ·cited 5×
  The admission of prior speeding tickets was not an abuse of discretion, as they were relevant to proving intent to race.
• Ezell v. Century 21 OF THE Se., Inc.
  615 So. 2d 273· Fla. 5th DCA· 1993-03-12 ·cited 5×
  The dissenting opinion argues that a motion for summary judgment, filed within one year of the last in-court action, is sufficient to prevent dismissal for lack of prosecution, even if the motion is not artfully drawn or supported by affidavit.
• Gemeral Earnest Berry, Jr. v. CIGNA/Rsi-Cigna
  975 F.2d 1188· 5th Cir.· 1992-10-29 ·cited 5×
  The court held that the district court abused its discretion by dismissing the plaintiff's suit for failure to prosecute without a clear record of delay or consideration of lesser sanctions.
• United States v. Lavell Ray Hegwood
  977 F.2d 492· 9th Cir.· 1992-10-13 ·cited 5×
  The court held that jury instructions, though initially flawed, were adequately corrected by subsequent instructions, and that evidence of prior crimes and drug use was properly admitted. The evidence was also sufficient to support the convictions.
• Minn. Mining & Mfg. Co. v. Johnson & Johnson Orthopaedics, Inc.
  976 F.2d 1559· Fed. Cir.· 1992-09-30 ·cited 5×
  The court affirmed the district court's judgment, holding that Johnson & Johnson Orthopaedics (JJO) infringed upon valid patents related to orthopedic casting tapes and that the findings of the Special Master were not clearly erroneous.
• Garrison Dupont Lickle v. Dragana N. Lickle
  606 So. 2d 391· Fla. 4th DCA· 1992-09-02 ·cited 5×
  In this divorce modification appeal, the Fourth District Court of Appeal reversed the trial court's child support award as an abuse of discretion, finding the husband was ordered to pay an excessive amount ($7,300+ monthly total) when both parents earned substantial incomes and t
• United States v. Sanford R. Morrison
  967 F.2d 264· 8th Cir.· 1992-06-16 ·cited 5×
  A district court does not abuse its discretion in denying a motion to withdraw a guilty plea without an evidentiary hearing when the alleged recantation is weak, unsupported by direct evidence, and the motion appears to be a tactic to intimidate the victim, especially given the d
• Beckman Indus., Inc. v. Int'l Ins. Co.
  966 F.2d 470· 9th Cir.· 1992-06-04 ·cited 5×
  The court held that permissive intervention under Fed.R.Civ.P. 24(b) is appropriate for the purpose of modifying a protective order, and that the intervenors met the requirements for such intervention.
• Perkins v. Gen. Motors Corp.
  965 F.2d 597· 8th Cir.· 1992-05-22 ·cited 5×
  The court held that a district court retains jurisdiction to enforce sanctions even after the underlying case is settled, and that the sanctions imposed were not an abuse of discretion.
• United States v. Davis
  965 F.2d 804· 10th Cir.· 1992-05-05 ·cited 5×
  The court held that the evidence was insufficient to support a conspiracy conviction because the government failed to prove a meeting of the minds between the defendant and the alleged co-conspirator. However, the evidence was sufficient to support a conviction for violating the
• Prentiss E. Smith, M.D. v. OUR Lady OF THE Lake Hosp., Inc.
  960 F.2d 439· 5th Cir.· 1992-04-29 ·cited 5×
  The court held that the district court abused its discretion in imposing sanctions under Fed.R.Civ.P. 11, 28 U.S.C. § 1927, and the court's inherent power, as the plaintiff's RICO claim had an arguable basis in law and the attorneys' investigation was reasonable under the circums
• Sierra Club v. Robertson
  960 F.2d 83· 8th Cir.· 1992-03-27 ·cited 5×
  The State of Arkansas is entitled to intervene as of right in an action against the Forest Service concerning proposed forest management practices because its interests are not adequately represented by the existing plaintiffs.
• United States v. ONE Parcel OF Prop. Located AT RR 2
  959 F.2d 101· 8th Cir.· 1992-03-17 ·cited 5×
  The court held that the claimants waived their Bill of Attainder argument by failing to raise it in the district court, and the son lacked standing to contest the forfeiture. The court affirmed the forfeiture, finding no abuse of discretion in striking the claims.
• Morgan v. City OF Marmaduke
  958 F.2d 207· 8th Cir.· 1992-02-27 ·cited 5×
  The court held that the district court did not err in excluding evidence of a prior incident involving Jetton and a motorcyclist, nor in its judgment for the City. However, the court reversed the judgment against Jetton, finding the admission of evidence regarding the Caraway inc
• Odis Robertson v. Union Pac. R.R. Co.
  954 F.2d 1433· 8th Cir.· 1992-01-27 ·cited 5×
  The court held that the district court did not abuse its discretion in excluding evidence under 23 U.S.C. § 409, nor in excluding evidence of subsequent incidents.
• Block v. Pitney Bowes Inc.
  952 F.2d 1450· D.C. Cir.· 1992-01-21 ·cited 5×
  The court should affirm the district court's result, even if it applied the wrong standard, because the correct standard (abuse of discretion) would yield the same outcome.
• In re Power Recovery Sys., Inc. v. Dodge Chem. Co.
  950 F.2d 798· 1st Cir.· 1991-11-27 ·cited 5×
  The court held that the bankruptcy and district courts did not err in denying Eck's request for an extension to appeal, in holding him in civil contempt, or in imposing sanctions, as Eck's failure to comply was not excused by impossibility due to self-induced actions or by claims
• Johnson v. Hugo's Skateway
  949 F.2d 1338· 4th Cir.· 1991-11-22 ·cited 5×
  The court held that the jury's award of punitive damages, made without a guiding standard and reviewed under traditional excessiveness standards, violated due process. However, the majority's adoption of new review procedures conflicts with the Seventh Amendment.