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

• Hogan v. Aloia
  257 So. 3d 479· Fla. 4th DCA· 2018-10-10 ·cited 4×
  This appeal concerns a child support modification order where the former wife challenges the trial court's denial of her continuance motion, the calculation of modified child support, and the court's failure to rule on her attorney's fees motion. The appellate court affirmed the
• Pogue v. Garib
  254 So. 3d 503· Fla. 4th DCA· 2018-10-03 ·cited 4×
  In an auto accident case, the defendant appeals a successor judge's order granting a new trial on damages only after the defendant rejected an additur of $20,000 for pain and suffering. The appellate court reverses, holding that the jury's verdict was not clearly inadequate as a
• Credo LLC v. Speyside Invs. Corp.
  259 So. 3d 893· Fla. 3d DCA· 2018-08-15 ·cited 4×
  An injunction requiring deposit of funds into the court registry is proper where the funds are clearly identifiable, were never the property of the enjoined party, belong to either the plaintiff or a third party, and were intended for a specific purpose in a foreclosure action. T
• Bentz v. State
  251 So. 3d 201· Fla. 4th DCA· 2018-07-25 ·cited 4×
  The defendant appeals his convictions for possession of hydromorphone and drug paraphernalia, challenging the trial court's denial of his request to substitute private counsel for his public defender on the morning of trial. The court rejected the request citing the age of the ca
• Mahoney v. Mahoney
  251 So. 3d 977· Fla. 1st DCA· 2018-07-09 ·cited 4×
  The trial court abused its discretion in awarding attorney's fees without making the requisite factual findings regarding reasonableness factors, and it erred in requiring life insurance to secure alimony and child support without specific findings about availability, cost, abili
• Homeowners Choice Prop. & Cas. v. Sanjay Kuwas
  251 So. 3d 181· Fla. 4th DCA· 2018-07-05 ·cited 4×
  A new trial is warranted when opposing counsel makes arguments that improperly imply an insurer's bad faith in claims handling, disparage the insurer's defenses by suggesting they are pretextual, and suggest the insurer should be punished for exercising its right to defend, as su
• Mitchell v. State
  245 So. 3d 805· Fla. 4th DCA· 2018-04-25 ·cited 4×
  A trial court's failure to explicitly articulate the legal standard when denying a motion for new trial is not reversible error where the defendant fails to contemporaneously object and the record does not reveal application of an incorrect standard. The defendant bears the burde
• Dantrell J Jenkins v. State
  242 So. 3d 499· Fla. 1st DCA· 2018-04-05 ·cited 4×
  A trial court does not abuse its discretion by admitting a child hearsay statement without continuing a hearing to allow the defense to present impeachment witnesses when the statement is reliable and the defendant has admitted to the underlying facts.
• O'Malley v. Brian Freeman, Esq., & the Freeman Law Firm, P.A.
  241 So. 3d 204· Fla. 4th DCA· 2018-04-04 ·cited 4×
  A contingency fee agreement signed only by an incapacitated client's mother is void and cannot be ratified by post-competency communications that lack explicit acknowledgment of the agreement's terms. An attorney without a valid contingency fee agreement may recover on a quantum
• Cromartie v. State
  241 So. 3d 970· Fla. 1st DCA· 2018-03-29 ·cited 4×
  Appellant appealed a probation revocation order, arguing that one of seven violation findings lacked evidentiary support. The appellate court agreed that the trial court erred in finding the appellant violated the non-association condition of probation but affirmed the revocation
• Moore v. Est. OF Flaire Mae Albee
  239 So. 3d 192· Fla. 5th DCA· 2018-02-23 ·cited 4×
  Charles Moore, attorney for heirs of Fred Albee's estate, appealed the denial of his motion for attorney's fees under section 57.105. The trial court applied an outdated legal standard, but the appellate court affirmed the denial because Moore failed to establish that the opposin
• Dennis v. Dennis
  230 So. 3d 1277· Fla. 1st DCA· 2017-12-07 ·cited 4×·via Abuse Of Discretion Standard For Attorney'S Fees
  In this family law appeal, the court reversed the trial court's denial of attorney's fees in a contempt proceeding related to court-ordered alimony, finding that the trial court failed to make required findings regarding the parties' financial circumstances before denying the req
• Merco Grp. AT Akoya, Inc. v. Gen. Computer Servs., Inc.
  237 So. 3d 1052· Fla. 3d DCA· 2017-11-29 ·cited 4×
  Merco Group, a condominium developer, appeals a jury verdict awarding damages to General Computer Services (GCS) for breach of a contract to promote and sell GCS's BeCruising computer system to unit owners at the Akoya condominium. The appellate court reversed because the trial c
• Shauna Ann Frost v. Frost
  227 So. 3d 227· Fla. 1st DCA· 2017-10-06 ·cited 4×
  A former wife appealed a dissolution of marriage judgment challenging the trial court's decision to grant only supervised visitation with the minor child. The appellate court affirmed the judgment, finding the former wife failed to preserve one of her four issues for appeal and t
• ST. Pierre v. State
  228 So. 3d 583· Fla. 4th DCA· 2017-09-27 ·cited 4×·via Abuse Of Discretion Standard For Jury Instructions
  Rene St. Pierre was convicted of burglary and misdemeanor battery following a fight with his neighbor over dogs. The Fourth District Court of Appeal reversed and remanded for a new trial, holding that the trial court erred by refusing to instruct the jury on self-defense for the
• Rosaler v. Rosaler
  226 So. 3d 911· Fla. 4th DCA· 2017-08-30 ·cited 4×
  In a dissolution of marriage case, the trial court awarded the former wife only partial attorney's fees despite her need and the former husband's ability to pay, based on her litigation misconduct including false abuse allegations. The appellate court affirmed, holding that a tri
• Singh v. U.S. Bank
  223 So. 3d 436· Fla. 2d DCA· 2017-07-14 ·cited 4×
  Carmen Singh appeals a foreclosure judgment where the trial court granted a default motion even though Singh filed her answer two days before the default was entered. The appellate court reversed, holding that under Florida Rule of Civil Procedure 1.500(c), a defendant may file a
• Rachelle Marie James v. State
  223 So. 3d 288· Fla. 4th DCA· 2017-07-12 ·cited 4×
  Rachelle James appeals a restitution order requiring her to pay $22,997.95 for thirty pieces of stolen jewelry. The Fourth DCA reversed in part, holding that the trial court abused its discretion by ordering restitution for twenty pieces of jewelry that were not included in the c
• Librizzi v. Librizzi
  228 So. 3d 593· Fla. 2d DCA· 2017-06-09 ·cited 4×
  In a dissolution of marriage case, the Second District Court of Appeal affirmed the equitable distribution scheme and alimony need determination but reversed the alimony award amount because the trial court failed to consider evidence regarding the tax consequences of the alimony
• North v. State
  221 So. 3d 1235· Fla. 2d DCA· 2017-06-09 ·cited 4×·via Abuse Of Discretion Standard For Evidentiary Rulings
  Shane North was convicted of dealing in stolen property after being prohibited from testifying that his supervisors granted him permission to take scrap materials from his employer. The Florida appellate court reversed, holding that the trial court erred in excluding this testimo
• Brown v. State
  221 So. 3d 731· Fla. 1st DCA· 2017-06-01 ·cited 4×
  David Lee Brown appealed the revocation of his sex offender probation based on two alleged violations: failure to register a cell phone and using intoxicants to excess. The First District Court of Appeal affirmed the trial court's decision, finding sufficient evidence for both vi
• McCray v. State
  220 So. 3d 1119· Fla.· 2017-05-25 ·cited 4×
  The Florida Supreme Court held that while a trial court did not abuse its discretion in denying a defendant's request to withdraw a previously exercised peremptory challenge after exhausting all peremptory challenges and the opposing party accepting the jury, a blanket rule prohi
• Regions Bank v. Buoncervello
  220 So. 3d 1225· Fla. 5th DCA· 2017-05-19 ·cited 4×
  The trial court abused its discretion by dismissing the deficiency judgment action for failure to timely serve the complaint, as service was ultimately effected before dismissal.
• Scott v. State
  218 So. 3d 476· Fla. 3d DCA· 2017-05-03 ·cited 4×
  Jeff Scott appeals his conviction for sexual activity with a child, challenging the admission of the victim's suicide attempt testimony, an expert's therapy recommendation, and the prosecutor's sympathetic closing arguments. The Third District Court of Appeal affirms the convicti
• Lemen McCray v. Bellsouth Telecomms., Inc.
  213 So. 3d 938· Fla. 4th DCA· 2017-03-15 ·cited 4×
  The court held that the trial court did not abuse its discretion in denying the plaintiff's motion to amend the complaint to add a third-party defendant after that third-party complaint had been voluntarily dismissed, because the dismissal divested the court of jurisdiction and t
• Armen J. Pilafjian v. State
  210 So. 3d 738· Fla. 5th DCA· 2017-02-10 ·cited 4×
  The court held that the trial court erred in denying a requested jury instruction on the affirmative defense of licensed or invited entry for a burglary charge.
• Washburn v. Washburn
  211 So. 3d 87· Fla. 4th DCA· 2017-01-25 ·cited 4×
  In this family law appeal, the Fourth District Court of Appeal reversed the trial court's admission of the husband's bank records as hearsay and vacated the resulting income imputation. The court held that mandatory disclosure under family law rules does not render documents per
• Allen v. State
  211 So. 3d 48· Fla. 4th DCA· 2017-01-04 ·cited 4×
  Michael Allen appeals his probation revocation and resulting prison sentence. While the appellate court affirmed the trial court's finding that Allen violated his probation, it reversed the sentence on constitutional grounds, holding that the trial court improperly conditioned a
• Jacaranda, LLC v. Green Tree Servicing, LLC
  203 So. 3d 964· Fla. 2d DCA· 2016-11-02 ·cited 4×
  Jacaranda appealed the denial of its motion to vacate a final judgment of foreclosure entered by default. The court held that the defendant's failure to notify Jacaranda or its counsel of the motion for clerk's default, despite having actual knowledge that Jacaranda intended to d
• Johnson v. State
  199 So. 3d 433· Fla. 4th DCA· 2016-08-24 ·cited 4×
  Johnson appeals his convictions for assault and battery as lesser included offenses, challenging the trial court's admission of hearsay testimony from a responding officer who recounted victim descriptions of the defendant. The appellate court found the admission was error but ha
• Okeechobee Aerie 4137 v. Wilde
  199 So. 3d 333· Fla. 4th DCA· 2016-08-03 ·cited 4×
  A motorcycle accident victim and his wife sued a fraternal organization for negligently serving alcohol to a known habitual alcoholic, obtaining a jury verdict for approximately $11 million in damages. The Fourth District Court of Appeal reversed and remanded for a new trial, hol
• Hall v. Lopez
  213 So. 3d 1003· Fla. 1st DCA· 2016-07-28 ·cited 4×
  Sean Hall appealed a trial court's denial of his motion for attorney's fees under Florida Statute 57.105 in a repeat violence injunction action. The First District Court of Appeal reversed, holding that section 57.105 attorney's fees are not prohibited in actions under section 78
• Vilma Martinez v. The Bank OF NEW York Mellon
  198 So. 3d 911· Fla. 3d DCA· 2016-07-27 ·cited 4×
  Martinez appeals a foreclosure judgment entered as a sanction when the trial court struck her pleadings and entered default judgment mid-trial, finding her testimony incredible. The appellate court reversed, holding the trial court abused its discretion by imposing the most sever
• City OF Delray Beach v. DeSISTO
  197 So. 3d 1206· Fla. 4th DCA· 2016-07-20 ·cited 4×
  The City of Delray Beach appeals a jury verdict finding it liable for disability discrimination against former employee Robert DeSisto under the Florida Civil Rights Act. The court affirms the discrimination finding and jury instructions but reverses the $500,000 pain and sufferi
• Jones v. Gov't Emps. Ins. Co. as a
  192 So. 3d 614· Fla. 4th DCA· 2016-05-25 ·cited 4×
  The appellate court reversed a trial court's denial of a motion to set aside a summary judgment. The defendants argued they did not receive timely notice of the hearing due to mail mishandling, and the appellate court found the trial court should have held an evidentiary hearing
• Ariz. Chem. Co., LLC v. Mohawk Indus., Inc.
  193 So. 3d 95· Fla. 1st DCA· 2016-05-20 ·cited 4×
  Arizona Chemical appealed a $70.1 million jury verdict for Mohawk Industries in a products liability case involving defective Unibond carpet backing. The court affirmed the verdict, rejecting Arizona's challenges to the exclusion of evidence regarding other product defects and th
• Pinnacle Three Corp. v. EVS Invs., Inc.
  193 So. 3d 973· Fla. 3d DCA· 2016-05-11 ·cited 4×
  Pinnacle Three Corporation appeals the trial court's denial of attorney's fees and costs incurred in opposing a motion to enforce a settlement agreement. The Third District Court of Appeal reversed, holding that Pinnacle, as the prevailing party in the post-judgment dispute, was
• Deluca v. David M. King, CPA, P.A.
  197 So. 3d 74· Fla. 2d DCA· 2016-04-29 ·cited 4×
  The Deluca and Ladd parties appealed a judgment entered against them in supplemental proceedings after they were not properly served. The Second District Court of Appeal reversed, holding that service by mail was insufficient to confer jurisdiction over impleaded third parties in
• Pub. Health Tr. OF Miami-Dade Cnty. v. Janneral Denson and Jordan Taylor
  189 So. 3d 1013· Fla. 3d DCA· 2016-04-13 ·cited 4×
  The court held that while sanctions for witness misconduct were proper, the award of attorney's fees must directly relate to the misconduct and cannot compensate for preparation for subsequent trials unrelated to the misconduct.
• Petersen v. State
  187 So. 3d 283· Fla. 1st DCA· 2016-02-29 ·cited 4×
  Petersen appeals the trial court's denial of his motion for post-trial release pending appeal of his racketeering and money laundering convictions. The appellate court holds that the trial court applied an incorrect standard by evaluating the likelihood of success on the merits r
• Travelers Commercial Ins. Co. v. Harrington
  187 So. 3d 879· Fla. 1st DCA· 2016-02-26 ·cited 4×
  Insurance companies appealed trial court orders denying their motions to vacate judgments awarding prevailing party appellate attorneys' fees to the opposing party, where the underlying merits judgment on which the fee awards were based had been vacated by the Florida Supreme Cou
• Helton v. Bank OF Am., N.A.
  187 So. 3d 245· Fla. 5th DCA· 2016-01-22 ·cited 4×·via Abuse Of Discretion Standard For Evidentiary Rulings
  The court held that the trial court abused its discretion by admitting oral testimony about business records not in evidence, and that the plaintiff failed to prove compliance with mortgage notice requirements.
• Olenchak v. State
  183 So. 3d 1227· Fla. 4th DCA· 2016-01-20 ·cited 4×
  Stephen Olenchak appealed his conviction for sexual battery under Florida law, challenging the trial court's refusal to include the word "intentional" in the standard jury instruction and arguing that sexual battery is a specific intent crime. The Fourth District Court of Appeal
• Stusch v. The Matter of Jennifer K. Jiruska
  188 So. 3d 874· Fla. 4th DCA· 2016-01-06 ·cited 4×
  Michael Stusch appeals a civil contempt order for failure to pay child care expenses, guardian ad litem fees, and attorney's fees. The court reversed because the trial court improperly held the contempt hearing in the father's absence despite his medical inability to travel and o
• Jennings v. Habana Health Care Ctr. & Gallagher Bassett
  183 So. 3d 1131· Fla. 1st DCA· 2015-12-28 ·cited 4×
  In this workers' compensation case, the Florida First District Court of Appeal reversed the denial of litigation costs to an employee who prevailed in a dispute over medical benefits authorization. The court held that the judge of compensation claims improperly applied attorney's
• Romine v. State
  184 So. 3d 1172· Fla. 2d DCA· 2015-12-16 ·cited 4×
  The appellate court affirmed the revocation of probation and the resulting prison sentence but remanded for correction of the revocation order. The court found that while the appellant admitted to one violation of probation, the revocation order incorrectly stated he admitted to
• Sukonik v. Wallack
  178 So. 3d 455· Fla. 3d DCA· 2015-10-14 ·cited 4×
  Patricia Sukonik appealed a trial court's order dismissing her estate dispute case as a sanction for willful failure to comply with discovery requests and court orders. The Florida District Court of Appeal affirmed the dismissal, finding ample record support for the trial court's
• Hall v. Hall
  171 So. 3d 817· Fla. 4th DCA· 2015-08-12 ·cited 4×
  Gilbert Hall appeals a dissolution of marriage judgment, challenging the trial court's validation of a two-page marriage settlement agreement and the denial of his motion to amend his answer. The court affirmed the validity of the two-page agreement but reversed the denial of the
• Boyd v. Boyd
  168 So. 3d 302· Fla. 4th DCA· 2015-07-01 ·cited 4×
  In this post-dissolution child support enforcement case, the Fourth District Court of Appeal reversed the trial court's adoption of a general magistrate's report that failed to establish a child support arrearage amount. The court held that where a former husband conceded he did
• Gutierrez v. State
  177 So. 3d 226· Fla.· 2015-06-25 ·cited 4×
  The Florida Supreme Court held that a jury instruction stating that a sexual battery victim's testimony need not be corroborated is improper and constitutes reversible error, regardless of whether the defense raised the issue of corroboration. The Court disagreed with the Fifth D