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

• Grover v. Karl
  164 So. 3d 1285· Fla. 2d DCA· 2015-06-12 ·cited 4×·via Abuse Of Discretion Standard For Denying Leave To Amend
  The trial court erred in denying leave to amend the complaint without determining if the amendment was prejudicial, an abuse of privilege, or futile.
• Risto Jovan Wyatt v. State
  183 So. 3d 1081· Fla. 4th DCA· 2015-05-20 ·cited 4×
  Risto Jovan Wyatt appeals his conviction for trafficking cocaine and perjury. The Fourth District Court of Appeal reversed and remanded for a new trial because the trial court erred in excluding exculpatory testimony from a witness that was admissible under the former testimony h
• Bowers v. Adrien Allez
  165 So. 3d 710· Fla. 4th DCA· 2015-05-06 ·cited 4×
  The court held that the appellants' alleged medical issues and prioritization of other clients did not constitute excusable neglect to set aside a default judgment.
• Sybac Solar AG v. Falz
  174 So. 3d 383· Fla. 2d DCA· 2015-03-13 ·cited 4×
  The appellate court reversed the trial court's denial of the motion to dismiss, finding the trial court failed to adequately consider the forum non conveniens factors.
• Pronman v. Styles
  163 So. 3d 535· Fla. 4th DCA· 2015-03-04 ·cited 4×
  The Fourth District Court of Appeal affirmed a trial court's award of attorney's fees under Fla. Stat. § 57.105 against appellants for asserting a frivolous venue and jurisdiction defense, but reversed the award of costs as not permitted under the statute. The case addressed whet
• Ramos v. Ventures Tr.
  157 So. 3d 455· Fla. 3d DCA· 2015-02-11 ·cited 4×
  Michael Ramos appealed a final judgment of foreclosure, arguing that due process required reversal and remand because his attorney failed to appear at trial and the trial court refused to continue the proceeding. The Third District Court of Appeal affirmed the foreclosure judgmen
• I-95 Motorsports, Inc. v. Goldberg
  155 So. 3d 449· Fla. 4th DCA· 2015-01-07 ·cited 4×
  I-95 Motorsports appeals a trial court's denial of attorneys' fees after prevailing on most counts in a contract dispute over vehicle repairs. The court affirmed the denial, finding the fee statute permissive rather than mandatory and holding that without a transcript of the fee
• Lamont Davis v. State
  153 So. 3d 360· Fla. 4th DCA· 2014-12-17 ·cited 4×
  Lamont Davis was convicted of felony murder, armed burglary, and other crimes in connection with a 2010 home robbery and killing in Port St. Lucie, Florida. He appealed arguing Miranda violations in his confession, improper use of suppressed statements in a search warrant affidav
• Lefkowitz v. Quality Labor Mgmt., LLC
  159 So. 3d 147· Fla. 5th DCA· 2014-11-14 ·cited 4×
  The court held that the trial court abused its discretion in denying a post-judgment motion to intervene, as the ends of justice required allowing the intervenor to defend his interest in collateral.
• United Auto. Ins. Co. v. W. Hollywood Pain & Rehab. Ctr.
  162 So. 3d 98· Fla. 4th DCA· 2014-10-15 ·cited 4×
  The circuit court erred in affirming the trial court's denial of relief from technical admissions and its striking of an affidavit opposing summary judgment, as the rules liberalized relief for inadvertence without prejudice.
• Janard Orange v. State
  149 So. 3d 74· Fla. 4th DCA· 2014-09-03 ·cited 4×·via Abuse Of Discretion Standard For Evidentiary Rulings
  Janard Orange, convicted of first-degree murder and robbery offenses at age 16, appeals his convictions and sentences. The court affirmed his convictions but reversed his mandatory life-without-parole sentence for murder based on Miller v. Alabama, requiring resentencing consider
• Lennart S. KOO v. State
  149 So. 3d 693· Fla. 1st DCA· 2014-09-02 ·cited 4×
  The trial court did not abuse its discretion in denying a motion for new trial without an evidentiary hearing because the victim's post-trial letter did not qualify as newly discovered evidence—it contained no recantation of trial testimony and no unknown information—and was not
• Prinz v. State
  149 So. 3d 65· Fla. 4th DCA· 2014-08-20 ·cited 4×
  Christina Prinz appeals a restitution order totaling $149,183 following her guilty plea to grand theft. The court affirms the $144,183 theft amount supported by forensic accounting evidence but reverses the $5,000 in bookkeeping and accounting expenses because they lacked support
• Pierson v. Pierson
  143 So. 3d 1201· Fla. 1st DCA· 2014-08-18 ·cited 4×
  In this family law appeal, the First District Court of Appeal affirmed the trial court's decisions on parental timesharing and equitable distribution in a dissolution case, but reversed the trial court's award of ultimate religious decision-making authority to the mother and proh
• Philippe v. Michael Weiner, M.D.
  143 So. 3d 1086· Fla. 3d DCA· 2014-07-30 ·cited 4×
  The court held that the trial court erred in awarding taxes and insurance expenses incurred after the property was conveyed via a Deed in Lieu of Foreclosure, and in calculating prejudgment interest on the full principal amount without accounting for the property's value at the t
• Lines v. State
  143 So. 3d 1018· Fla. 4th DCA· 2014-07-23 ·cited 4×
  The court held that the trial court did not abuse its discretion in denying the motion to sever the trials of co-defendants.
• In re Petition of Jane DOE for a Judicial Waiver of Parental Notice of Termination of Pregnancy. Jane Doe
  153 So. 3d 925· Fla. 2d DCA· 2014-06-03 ·cited 4×
  A minor sought judicial waiver of parental notice for abortion under Florida law. The circuit court dismissed her petition, finding insufficient maturity and that termination was not in her best interest. The appellate court reversed, holding the circuit court abused its discreti
• Anderson v. State
  133 So. 3d 646· Fla. 1st DCA· 2014-03-14 ·cited 4×
  Gregory Tyrone Anderson was convicted of sexual battery and appealed, arguing the trial court abused its discretion by preventing cross-examination impeachment of the victim regarding what clothing she wore during the alleged assault. The First District Court of Appeal affirmed,
• Fede Datilus v. State
  128 So. 3d 122· Fla. 4th DCA· 2013-10-23 ·cited 4×
  The court held that the trial court did not abuse its discretion in sustaining a Haliburton objection to defense counsel's comment on the State's failure to call a witness, nor in denying a mistrial motion based on the prosecutor's comments during closing arguments.
• Jones v. State
  127 So. 3d 622· Fla. 4th DCA· 2013-10-23 ·cited 4×
  A defendant's possession and use of a driver's license constitutes an adoptive admission of the information contained thereon, including date of birth, making an officer's testimony about that information admissible without requiring the license itself to be introduced into evide
• Festival FUN Parks, LLC v. Yahtavian Bellamy
  123 So. 3d 684· Fla. 4th DCA· 2013-10-23 ·cited 4×
  Festival Fun Parks, LLC appeals a jury verdict in a negligence case where a plaintiff was shot by a third party while leaving the defendant's amusement park. The Fourth District Court of Appeal partially reverses the damages award for future medical expenses because the jury reli
• Brock D. Mardis v. State
  122 So. 3d 950· Fla. 4th DCA· 2013-10-09 ·cited 4×
  Mardis appeals his sexual battery conviction, challenging the trial court's exclusion of evidence that the victim had financial motivations to fabricate the charges. The Fourth District Court of Appeal reversed and remanded for a new trial, holding that evidence of the victim's a
• Bradham v. Bradham
  120 So. 3d 1274· Fla. 1st DCA· 2013-09-18 ·cited 4×
  Timothy Bradham appealed a trial court order modifying his alimony obligation and requiring him to pay $3,000 toward his former wife's attorney's fees and costs. The appellate court affirmed the alimony modification but reversed and remanded the attorney's fees award because the
• Black v. State
  120 So. 3d 654· Fla. 1st DCA· 2013-09-09 ·cited 4×
  Christopher Black appealed his conviction for aggravated battery with firearm discharge and related crimes, challenging the trial court's decision to allow the jury to view a videotaped police interview in which he appeared wearing jail restraints. The appellate court affirmed, f
• Shiba v. Gabay
  120 So. 3d 80· Fla. 4th DCA· 2013-08-07 ·cited 4×
  A Florida appellate court affirmed a trial court's order requiring the return of a child to Florida from Illinois and establishing a temporary time-sharing schedule pending final paternity and custody proceedings. The court rejected the mother's arguments that insufficient eviden
• Toccara McCLOVER v. State
  125 So. 3d 926· Fla. 4th DCA· 2013-05-15 ·cited 4×
  Toccara McClover was convicted of felony retail theft after placing merchandise in a shopping cart at Walmart but leaving the store without taking anything. The appellate court reversed, holding that McClover was entitled to a jury instruction on voluntary abandonment because the
• Cartwright v. State
  112 So. 3d 582· Fla. 4th DCA· 2013-04-17 ·cited 4×
  The court held that the trial court did not abuse its discretion in denying the motion to withdraw the guilty plea because the record conclusively refuted the appellant's claims.
• Hartley v. State
  125 So. 3d 797· Fla. 2d DCA· 2013-01-25 ·cited 4×
  The court held that the trial court's denial of the motion for a new trial must be reversed because it is unclear whether the correct legal standard (manifest weight of the evidence) was applied.
• Sloan v. State
  104 So. 3d 1271· Fla. 4th DCA· 2013-01-09 ·cited 4×
  The court held that the admission of evidence of the defendant's attempted suicide was not an abuse of discretion because it demonstrated consciousness of guilt.
• Vollmer v. State
  101 So. 3d 383· Fla. 2d DCA· 2012-11-07 ·cited 4×
  The trial court's inquiry into the defendant's request to represent himself was sufficient, but the offer of counsel was not renewed at sentencing, requiring a remand for resentencing.
• Marybeth Morgan v. Milton
  105 So. 3d 545· Fla. 1st DCA· 2012-10-16 ·cited 4×
  In this personal injury case arising from an automobile accident, the defendant appeals a jury verdict awarding the plaintiff nearly $500,000, claiming juror misconduct because a juror falsely stated during voir dire that she had never been involved in litigation when in fact she
• Swan Landing Dev., LLC v. First Tenn. Bank Nat'l Ass'n
  97 So. 3d 326· Fla. 2d DCA· 2012-09-19 ·cited 4×
  The trial court abused its discretion in awarding sanctions and attorney's fees under section 57.105 because the post-judgment motion to set aside the foreclosure judgment was colorable.
• Jennifer Harvard o/b/o J.H. v. The Vill. OF Palm Springs
  98 So. 3d 645· Fla. 4th DCA· 2012-09-12 ·cited 4×
  The Village was not required to produce law enforcement records relating to a juvenile investigation, as the release of the juvenile offense report was discretionary and the videotaped interview was exempt.
• Edelberto Gonzales v. State
  95 So. 3d 1002· Fla. 3d DCA· 2012-08-22 ·cited 4×
  Edelberto Gonzales appealed his conviction for aggravated assault with a firearm and resisting an officer, arguing that police officer testimony improperly bolstered the prosecution's case by vouching for witness credibility. The Florida District Court of Appeal affirmed, holding
• Cunha v. Cunha
  92 So. 3d 918· Fla. 4th DCA· 2012-07-25 ·cited 4×
  The court held that a party can satisfy a judgment based on a debt by settling that debt with the creditor for less than the full amount owed, even if the original agreement did not specify the exact amount.
• Culbertson v. Culbertson
  90 So. 3d 355· Fla. 4th DCA· 2012-06-20 ·cited 4×
  The appellate court affirmed a final judgment of dissolution of marriage, upholding the trial court's decisions regarding time-sharing, medical decision-making, and property division. The court specifically addressed the time-sharing issue, finding no abuse of discretion in allow
• Bribiesca-Tafolla v. State
  93 So. 3d 364· Fla. 4th DCA· 2012-06-13 ·cited 4×
  In this DUI case, the defendant appealed his convictions for driving under the influence causing serious bodily injury, challenging whether the state proved corpus delicti before introducing his admission of being the driver. The appellate court affirmed, holding that circumstant
• Citimortgage, Inc. v. August J. Synuria
  86 So. 3d 1237· Fla. 4th DCA· 2012-05-02 ·cited 4×
  CitiMortgage appeals the denial of its motion to vacate a foreclosure sale where the property sold for $800, representing only 1.9% of the $41,580.97 judgment. The court reversed, holding that gross inadequacy of sale price resulting from the lender's mistake, combined with the d
• Castelo Dev., LLC v. Aurora Loan Servs. LLC
  85 So. 3d 515· Fla. 4th DCA· 2012-03-28 ·cited 4×
  The court held that a foreclosure sale cannot be confirmed if the required notice of sale was not published, as the clerk cannot then certify compliance with statutory publication requirements.
• Audra W. Poland and Steven Poland v. Zaccheo
  82 So. 3d 133· Fla. 4th DCA· 2012-02-15 ·cited 4×
  Poland appeals a jury verdict awarding her only a fractional portion of damages claimed for injuries from an automobile accident. The trial court limited cross-examination of the defendant's medical expert regarding the causation of Poland's surgeries and injuries. The appellate
• Holmes v. State
  91 So. 3d 859· Fla. 1st DCA· 2012-02-14 ·cited 4×
  Cameron Holmes appeals his manslaughter and concealed weapon conviction, challenging the trial court's denial of motions in limine to exclude evidence of his drug dealing activities. The Florida appellate court affirmed, holding that evidence of Holmes's drug dealing was inextric
• DRD Marine Corp. v. Byrd Techs., Inc.
  77 So. 3d 867· Fla. 4th DCA· 2012-01-18 ·cited 4×
  DRD Marine appealed the dismissal of its civil action for failure to prosecute. The Fourth District reversed, holding that the circuit court violated Florida Rule of Civil Procedure 1.420(e) by closing the file without proper notice and by granting defendant's dismissal motion wi
• Koslowski v. Koslowski
  78 So. 3d 642· Fla. 1st DCA· 2011-12-30 ·cited 4×
  A former husband appeals a trial court order requiring him to pay for respite nursing care for his severely disabled adult son with Lennox-Gastaut Syndrome. The First District affirmed, holding that respite care expenses constitute extraordinary medical expenses that may be order
• Mata v. Mata
  75 So. 3d 341· Fla. 3d DCA· 2011-11-16 ·cited 4×
  A trial court abuses its discretion by granting an emergency motion for temporary relocation of a minor child without receiving evidence or making findings required by Florida Statutes § 61.13001(6)(b), which mandates findings of likelihood that permanent relocation will be appro
• Rangel v. Torres
  77 So. 3d 708· Fla. 3d DCA· 2011-11-09 ·cited 4×
  Lazaro Rangel appealed a permanent injunction for protection against repeat violence issued by the trial court. The appellate court reversed, finding that the petitioner failed to meet the statutory legal requirements for such an injunction under Florida law.
• John Deere Constr. & Forestry Co. v. Lorelys Elec. Corp.
  69 So. 3d 1099· Fla. 3d DCA· 2011-09-28 ·cited 4×
  The appellate court affirmed the trial court's order granting relief from judgment, finding that while the trial court's reasoning was flawed, the result was correct under the doctrine of excusable neglect.
• Ketterer v. State
  69 So. 3d 1016· Fla. 4th DCA· 2011-09-14 ·cited 4×
  Ronald Ketterer appeals the denial of his motion to withdraw his guilty plea to charges of battery on a law enforcement officer, resisting arrest with violence, and obstructing service of a warrant. The court reversed, finding that trial counsel provided deficient advice regardin
• Kuebler v. Ferris
  65 So. 3d 1154· Fla. 4th DCA· 2011-07-20 ·cited 4×·via Abuse Of Discretion Standard For New Trial Motions
  In this personal injury case arising from a minor automobile accident, the trial court granted plaintiff's motion for a new trial after the jury found the accident was not a legal cause of injury, concluding that undisputed evidence showed plaintiff suffered at least a neck strai
• Hooks v. State
  82 So. 3d 905· Fla. 4th DCA· 2011-06-29 ·cited 4×
  Brian Hooks appeals his conviction for second-degree murder and attempted second-degree murder in connection with attacks on homeless individuals. The primary issue on appeal concerns whether the trial court abused its discretion in denying his motion for change of venue due to e
• Fidensio Gallegos v. State
  62 So. 3d 1236· Fla. 2d DCA· 2011-06-15 ·cited 4×
  The court held that a defendant's plea is not knowing and voluntary if the trial court fails to sufficiently ensure the defendant understands the maximum possible penalties, including potential sentence enhancements.