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

• Korte v. U.S. Bank Nat'l Ass'n for Asset-Backed Pass-Through Certificates Series 2006-WFH3
  64 So. 3d 134· Fla. 4th DCA· 2011-06-08 ·cited 4×
  An attorney who filed frivolous affirmative defenses in a mortgage foreclosure action without consulting his clients or verifying the defenses was sanctioned under Florida Statute section 57.105 for asserting baseless defenses primarily for the purpose of unreasonable delay. The
• State Farm Mut. Auto. Ins. Co. v. Caboverde
  65 So. 3d 46· Fla. 3d DCA· 2011-05-18 ·cited 4×
  The appellate court held that the trial court abused its discretion in granting a new trial because the evidence did not clearly favor one side.
• King v. State
  59 So. 3d 272· Fla. 4th DCA· 2011-04-13 ·cited 4×
  Franklin King was convicted of transmitting material harmful to a minor via electronic mail under Florida law. King appealed, arguing the trial court abused its discretion by failing to instruct the jury that 'transmission' requires both sending and receiving. The appellate court
• Mier v. State
  58 So. 3d 319· Fla. 1st DCA· 2011-03-22 ·cited 4×
  In this direct criminal appeal, Dustin Mier challenges the revocation of his probation for failing to report for a random urinalysis on the specified day, claiming transportation problems excused his non-compliance. The court affirmed the revocation, rejecting prior case law esta
• Quinten Walden v. State
  57 So. 3d 248· Fla. 4th DCA· 2011-03-16 ·cited 4×
  Quinten Walden was convicted of attempted second-degree murder for shooting Justin Matthews during a neighborhood melee. On appeal, Walden challenged the trial court's admission of testimony about the shooting death of Sharod Smith, another victim in the same incident. The appell
• Graham v. State
  56 So. 3d 97· Fla. 4th DCA· 2011-03-09 ·cited 4×
  James Graham appeals his conviction for first-degree murder with a firearm, challenging the sufficiency of evidence supporting premeditation and felony murder based on robbery, and the admission of a witness's prior consistent statement. The Fourth District affirms the conviction
• Morrison v. Morrison
  60 So. 3d 410· Fla. 2d DCA· 2011-02-11 ·cited 4×
  A former husband appeals the trial court's modification of an alimony award from $900 to $3,250 per month based on a substantial change in circumstances. The appellate court reversed, holding that the trial court abused its discretion by modifying permanent alimony based on tempo
• Mitsubishi Motors Corp. v. Laliberte
  52 So. 3d 31· Fla. 4th DCA· 2010-12-15 ·cited 4×
  Mitsubishi appealed a multi-million dollar products liability judgment arising from a passenger's death in a rollover accident, challenging the trial court's exclusion of statistical and demonstrative evidence and its comments about seat defects during jury inspection. The appell
• Wilder v. Wilder
  42 So. 3d 961· Fla. 4th DCA· 2010-09-01 ·cited 4×
  The court held that a temporary support order is an abuse of discretion if it consumes nearly all of a party's income, leaving them with little for living expenses.
• Bien-Aime v. MSRH Bd. Walk, LLC
  41 So. 3d 1117· Fla. 4th DCA· 2010-08-25 ·cited 4×
  The Fourth District Court of Appeal reversed the trial court's denial of a Rule 1.540 motion to vacate a dismissal order where the appellant demonstrated she never received a copy of the final order, and the appellee conceded vacatur was appropriate.
• Eagle's Crest, LLC v. Republic Bank
  42 So. 3d 848· Fla. 2d DCA· 2010-08-06 ·cited 4×
  Eagle's Crest challenges a deficiency judgment following foreclosure of its mortgage on Plant City property held by Republic Bank, arguing the trial court erred in admitting the Bank's expert appraisal testimony and in rejecting the expert's present value reduction. The court aff
• Norman v. State
  43 So. 3d 771· Fla. 2d DCA· 2010-07-30 ·cited 4×
  John L. Norman appealed his denial of a motion to withdraw his no contest plea after sentencing, arguing the trial court violated his plea agreement by imposing maximum sentences when he failed to appear from furlough. The court affirmed, holding that Norman's plea agreement was
• Brown v. State
  38 So. 3d 212· Fla. 2d DCA· 2010-06-11 ·cited 4×·via Abuse Of Discretion Standard For Continuance
  The court held that the trial court abused its discretion in denying the defendant's request for a continuance to retain private counsel.
• McQUAIG v. McQUAIG
  36 So. 3d 801· Fla. 1st DCA· 2010-05-26 ·cited 4×
  The appellate court affirmed the trial court's order modifying alimony and awarding attorney's fees, finding no abuse of discretion.
• Griffin v. Ellis Aluminum & Screen, Inc.
  30 So. 3d 714· Fla. 3d DCA· 2010-03-31 ·cited 4×
  James Griffin appeals a jury verdict in favor of Ellis Aluminum & Screen, Inc., challenging the trial court's evidentiary rulings and other trial conduct in a negligence action arising from Griffin's fall on a handrail allegedly negligently installed by Ellis. The court affirms,
• Palacios v. Fla. Funding Tr.
  32 So. 3d 167· Fla. 2d DCA· 2010-03-26 ·cited 4×
  In a foreclosure sale, the circuit court entered a final judgment for $60,136.09 but substantially modified it after the sale to $16,427.28, reducing the first mortgagee's debt. The court held that this material post-sale modification of the judgment prejudiced the third-party bi
• Greenwald v. Rivkind-Greenwald
  31 So. 3d 250· Fla. 3d DCA· 2010-03-24 ·cited 4×·via Abuse Of Discretion Standard For Attorney'S Fees
  In a dissolution of marriage case involving a short fourteen-month marriage, the husband appeals an award of $65,000 in attorney's fees to the wife. The appellate court reverses the attorney's fee award, finding that the wife's claim for permanent alimony was frivolous and based
• Maderson v. State
  29 So. 3d 1184· Fla. 1st DCA· 2010-03-10 ·cited 4×
  The trial court erred by failing to conduct a proper Nelson inquiry when the defendant moved to discharge his counsel, requiring reversal.
• Vollmer v. Vollmer
  33 So. 3d 67· Fla. 2d DCA· 2010-03-05 ·cited 4×
  The court held that the trial court's determination of the former husband's current income was not supported by competent, substantial evidence, requiring reversal and remand.
• G.G.J. v. State
  28 So. 3d 239· Fla. 4th DCA· 2010-03-03 ·cited 4×
  The court reversed a child's adjudication for direct criminal contempt of court for failure to appear at a docket call because the state presented no evidence that the failure was willful, which is required for such contempt.
• Rosa v. State
  27 So. 3d 718· Fla. 4th DCA· 2010-01-27 ·cited 4×
  Rosa was convicted of first-degree premeditated murder in the stabbing death of an elderly woman for whom she worked as a caretaker. On appeal, she challenged the trial court's refusal to allow cross-examination of a witness (Dutch) about polygraph results that showed deception,
• Roberts v. Roberts
  21 So. 3d 888· Fla. 4th DCA· 2009-11-04 ·cited 4×
  The court held that the trial court made a mathematical error in calculating the retroactive portion of modified alimony by excluding a month for which alimony was due.
• Santiago v. State
  21 So. 3d 877· Fla. 4th DCA· 2009-10-28 ·cited 4×
  James Santiago appeals his designation as a sexually violent predator, arguing the trial court abused its discretion by refusing to allow him to reopen his case to correct false testimony about his expert witness's credentials. The appellate court agreed and reversed for a new tr
• Reiss v. Reiss
  17 So. 3d 849· Fla. 3d DCA· 2009-09-02 ·cited 4×
  Michael Reiss appealed a trial court's dismissal of his petition for an injunction for protection against domestic violence against his brother David Reiss. The court affirmed the dismissal, holding that the trial court did not abuse its discretion in finding insufficient evidenc
• Milanick v. Osborne
  6 So. 3d 729· Fla. 5th DCA· 2009-04-17 ·cited 4×·via Abuse Of Discretion Standard For Continuance
  The court held that the Administrative Law Judge did not abuse discretion in denying a continuance, and that the former mayor is entitled to attorney's fees for defending an ethics complaint at the administrative hearing but not for a related supreme court proceeding.
• Nat'l Equity Recovery Servs., Inc. v. Midfirst Bank
  8 So. 3d 406· Fla. 4th DCA· 2009-03-18 ·cited 4×
  The court held that the trial court did not abuse its discretion in dividing statutory fees between an assignee who did not comply with statutory time limits and a properly appointed surplus trustee.
• Joyner v. State
  4 So. 3d 76· Fla. 1st DCA· 2009-02-24 ·cited 4×
  The trial court did not abuse its discretion in excluding evidence of another individual's arrest with a weapon not linked to the crime, as it was not relevant and potentially prejudicial.
• Almond v. State
  1 So. 3d 1274· Fla. 1st DCA· 2009-02-17 ·cited 4×·via Abuse Of Discretion Standard For Evidentiary Rulings
  Stephan Jay Almond appeals his conviction for failing to register as a sexual offender, challenging the trial court's admission of hearsay evidence and documents lacking proper foundation. The appellate court reversed the conviction due to cumulative evidentiary errors that viola
• Holmes v. State
  992 So. 2d 328· Fla. 3d DCA· 2008-10-01 ·cited 4×
  The court held that the trial court did not abuse its discretion in denying a motion for continuance to secure a witness and that the evidence was legally sufficient to support the jury's verdict.
• Morgan v. State
  991 So. 2d 984· Fla. 4th DCA· 2008-10-01 ·cited 4×
  Morgan appeals his convictions for attempted second-degree murder and aggravated assault, challenging the trial court's inadequate Faretta inquiry before permitting self-representation. The court reverses, holding that the trial judge failed to conduct a sufficient inquiry into M
• Joslin v. State
  984 So. 2d 1269· Fla. 2d DCA· 2008-06-27 ·cited 4×
  Dean Joslin appeals the revocation of his probation for sexual offenses. The appellate court reversed because the trial court found a violation based on conduct not alleged in the affidavit and because the evidence was insufficient to establish unsupervised contact with a minor.
• Migliori v. Migliori
  983 So. 2d 670· Fla. 5th DCA· 2008-05-30 ·cited 4×
  Todd Migliori appeals a trial court's order transferring his child custody modification case from Orange County to Bay County based on convenience to the parties. The appellate court affirmed the transfer, finding insufficient record to disturb the trial court's discretionary dec
• Hines v. State
  982 So. 2d 22· Fla. 1st DCA· 2008-03-31 ·cited 4×
  Frederick Hines was convicted of armed robbery and felon in possession of a firearm. The appellate court reversed because the trial court abused its discretion by admitting evidence of a firearm found on March 21—a date for which Hines had been acquitted of possession charges in
• Parker v. Parker
  976 So. 2d 104· Fla. 2d DCA· 2008-02-29 ·cited 4×
  The court held that the trial court's scheme of equitable distribution and award of alimony were not supported by competent, substantial evidence.
• Garity v. State
  970 So. 2d 500· Fla. 5th DCA· 2007-12-19 ·cited 4×
  The court held that the trial court abused its discretion by revoking probation without sufficient proof of a willful and substantial violation.
• Lewandowski v. Langston
  969 So. 2d 1165· Fla. 5th DCA· 2007-11-30 ·cited 4×
  A former husband appealed a trial court's denial of his petition to modify custody of his minor child, arguing the trial court erred in finding no substantial change of circumstances. The appellate court reversed, holding that the former wife's marriage to a registered sex offend
• G.M. v. Dep't of Child. & Families
  969 So. 2d 569· Fla. 1st DCA· 2007-11-30 ·cited 4×
  The court held that the trial court did not abuse its discretion in denying custody to the father and granting long-term custody to the maternal grandmother, as there was substantial competent evidence that placement with the father would endanger the child's well-being.
• Chira v. Salkin (In Re Chira)
  378 B.R. 698· S.D. Fla.· 2007-11-16 ·cited 4×
  The bankruptcy court did not err in disallowing portions of Appellant's unsecured non-priority claim, equitably subordinating her claims, and ruling she was not entitled to proceeds exceeding one-half of $5,850,000.
• In re DOE
  967 So. 2d 1017· Fla. 4th DCA· 2007-11-01 ·cited 4×
  Jane Doe appealed a trial court's dismissal of her petition for judicial waiver of parental notification for abortion under Florida law. The appellate court reversed, finding the trial court abused its discretion by relying on factors that did not reasonably support a conclusion
• Vivian v. Schembari
  966 So. 2d 492· Fla. 4th DCA· 2007-10-17 ·cited 4×
  The court held that the trial court did not abuse its discretion in denying the mother's petition to relocate with the minor children.
• McKENNEY v. State
  967 So. 2d 951· Fla. 3d DCA· 2007-10-03 ·cited 4×
  Adrian McKenney appeals his convictions for second degree murder with a firearm and attempted voluntary manslaughter, challenging the trial court's rulings on speedy trial compliance, prosecutorial closing argument, and the demonstrative use of an AK-47 weapon. The appellate cour
• State v. Amenhotep Alihakeem Kalfani
  968 So. 2d 599· Fla. 2d DCA· 2007-09-26 ·cited 4×
  The State appealed the trial court's dismissal of robbery and firearm possession charges when the victim-witness failed to appear for trial. The appellate court held that dismissal was an improperly harsh sanction and reversed, finding that the trial court should have first attem
• Hampton v. Cale OF Fort Myers, Inc.
  964 So. 2d 822· Fla. 4th DCA· 2007-09-19 ·cited 4×
  Hampton sued defendants for antitrust conspiracy when his wholesaler stopped supplying him after pressure from competitors. Summary judgment was granted for all defendants, and the trial court awarded attorney's fees under section 57.105, Florida Statutes. The court affirmed the
• Wright v. Wright
  965 So. 2d 1168· Fla. 2d DCA· 2007-08-15 ·cited 4×·via Abuse Of Discretion Standard For Attorney'S Fees
  In a divorce case, the former wife appealed the trial court's award of attorney's fees tied to the sale of the marital home, which would not occur until the youngest child reached age 19. The Florida District Court of Appeal reversed the payment method, finding it manifestly unre
• Jessee v. Jessee
  961 So. 2d 1118· Fla. 2d DCA· 2007-08-08 ·cited 4×
  Thomas Jessee appealed the trial court's denial of permanent alimony in his divorce from Tiffany Jessee, a bariatric surgeon earning substantially more than him. The court affirmed, holding that the twelve-and-a-half-year marriage was a 'gray-area' marriage with no presumption fa
• Seminole Tribe OF Florida v. Dep't OF Child. & Families & Guardian Ad Litem Program
  959 So. 2d 761· Fla. 4th DCA· 2007-05-30 ·cited 4×
  The Seminole Tribe of Florida appealed a trial court order denying its motion to place K.D., a four-year-old Indian child with complex medical needs, in a tribal family pursuant to the Indian Child Welfare Act (ICWA). The court affirmed the order, holding that the trial court pro
• Roundtree v. State
  955 So. 2d 1184· Fla. 3d DCA· 2007-05-02 ·cited 4×
  The court held that the trial court did not err in finding violations for failure to report and changing address without permission, but did err in finding violations for failing to complete psychological evaluation and domestic intervention program without a specified timeframe.
• Glinton v. State
  956 So. 2d 497· Fla. 4th DCA· 2007-04-18 ·cited 4×
  Duane Glinton appealed his grand theft conviction, challenging the trial court's allowance of peremptory strikes against two black venire members. The court affirmed, finding that the state provided race-neutral reasons for the challenges and that Glinton failed to properly prese
• Gulf BAY Land Invs., Inc. v. Trecker
  955 So. 2d 1157· Fla. 2d DCA· 2007-04-11 ·cited 4×
  Gulf Bay Land Investments and Parcel J-I Development appealed a trial court's permanent injunction blocking construction of the Cap d'Antibes residential condominium project in Collier County, Florida. The appellate court affirmed the injunction, finding that the defendants faile
• H.L.C. v. State
  950 So. 2d 1268· Fla. 5th DCA· 2007-03-16 ·cited 4×
  The court held that a restitution order will be affirmed if supported by competent evidence, even if the State confesses error.