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

• Dep't OF Revenue o/b/o Laverne Marchines v. Marchines
  974 So. 2d 1085· Fla. 2d DCA· 2007-03-16 ·cited 4×·via Abuse Of Discretion Standard For Attorney'S Fees
  The Department of Revenue appealed an award of attorney's fees under section 57.105 against it for enforcing a Pennsylvania child support judgment against John Marchines, who was receiving supplemental security income (SSI) and thus statutorily exempt from support obligations. Th
• Broward Cnty. v. Recupero
  949 So. 2d 274· Fla. 4th DCA· 2007-02-07 ·cited 4×
  Broward County appealed a trial court order in a code enforcement lien foreclosure proceeding that required the county to subordinate its liens to a new mortgage or have its liens declared satisfied. The appellate court reversed, holding that the trial court lacked authority to e
• Hernandez v. Hernandez
  946 So. 2d 124· Fla. 5th DCA· 2007-01-19 ·cited 4×
  Ruben Lopez Hernandez appeals the trial court's decision to refuse his appointment as personal representative of his father's estate despite being named in the will, in favor of appointing an unrelated attorney. The court reversed, holding that mere animosity between beneficiarie
• United Cap. Funding Corp. v. Technamax, Inc.
  946 So. 2d 63· Fla. 2d DCA· 2006-12-22 ·cited 4×·via Gross Abuse Of Discretion
  United Capital Funding Corp. appeals the trial court's decision to vacate a default judgment against Lisa Bryan. The appellate court reverses, holding that Bryan's affidavit failed to establish excusable neglect as a matter of law because it did not explain the reason for her fai
• Higgins v. Higgins
  945 So. 2d 593· Fla. 2d DCA· 2006-12-15 ·cited 4×
  Ms. Higgins appeals two January 2006 post-judgment orders: one holding her in criminal contempt and another transferring custody of the couple's son to Mr. Higgins. The appellate court reversed both orders, finding the contempt conviction violated procedural requirements and the
• Arnulfo Moreno and Yamileth Moreno v. Diaz
  943 So. 2d 1011· Fla. 3d DCA· 2006-12-13 ·cited 4×
  The appellate court affirmed the trial court's order for remittitur or a new trial, finding the jury's award for future medical expenses was not supported by sufficient evidence.
• Anamarie Kelly Stoppa v. Sussco, Inc.
  943 So. 2d 309· Fla. 3d DCA· 2006-12-06 ·cited 4×
  Anamarie Kelly Stoppa appealed two trial court orders related to enforcement of a specific performance judgment requiring her to sell her home to Sussco, Inc. The court affirmed both orders, holding that the trial court exercised independent judicial judgment in entering the enfo
• Joachim v. Joachim
  942 So. 2d 3· Fla. 5th DCA· 2006-09-22 ·cited 4×
  A Florida appellate court reviewed a trial court's final judgment in a dissolution of marriage case. The court reversed the trial court's equitable distribution of the former husband's contractor's license as marital property but affirmed the award of attorney's fees to the forme
• Stefan A. Armstrong v. State
  931 So. 2d 187· Fla. 5th DCA· 2006-06-09 ·cited 4×
  Armstrong was convicted of robbery and sentenced as a habitual offender to 30 years imprisonment. The Fifth District Court of Appeal reversed the conviction, finding that the trial court committed reversible error by admitting Armstrong's statement to law enforcement made during
• Barthlow v. Jett
  930 So. 2d 739· Fla. 1st DCA· 2006-05-04 ·cited 4×
  The court held that the trial court did not abuse its discretion in awarding attorney's fees and costs under section 57.105, Florida Statutes, as sanctions for a violation.
• Valdes v. State
  930 So. 2d 682· Fla. 3d DCA· 2006-03-29 ·cited 4×
  Armando Valdes appeals his convictions for sexual abuse of minors, challenging the admission of testimony about domestic violence and the sufficiency of evidence regarding obscene materials. The Third District Court of Appeal affirmed all convictions, holding that domestic violen
• Macdroleya Francois v. State
  923 So. 2d 1219· Fla. 3d DCA· 2006-03-22 ·cited 4×
  The appellate court affirmed the trial court's revocation of probation, holding that the commission of a sexual battery during the probationary period was a sufficient basis for revocation, even if other alleged violations were disputed.
• Dunn v. Kean
  928 So. 2d 383· Fla. 1st DCA· 2006-03-14 ·cited 4×
  The court affirmed the trial court's decision and granted the appellee's motion for attorney's fees.
• Ferguson v. State
  920 So. 2d 838· Fla. 4th DCA· 2006-02-22 ·cited 4×
  The court held that the trial court did not err in admitting testimony regarding a male companion's statement as an adopted admission and that any error was harmless.
• State v. L.J.T.
  921 So. 2d 746· Fla. 5th DCA· 2006-02-17 ·cited 4×
  The trial court abused its discretion by dismissing delinquency petitions without considering lesser sanctions when the Department of Juvenile Justice failed to transport the juvenile.
• In the Interest of T.B. v. Dep't of Child. & Fam. Servs.
  920 So. 2d 170· Fla. 2d DCA· 2006-02-08 ·cited 4×
  Father T.B. appeals the termination of his parental rights after the trial court denied his continuance motion and found his non-appearance constituted consent to termination. The appellate court reversed, holding that the trial court abused its discretion in denying the continua
• Colonel v. Meyerson
  921 So. 2d 690· Fla. 5th DCA· 2006-02-03 ·cited 4×
  Colonel appeals a trial court's award of costs to his neighbor Meyerson despite a jury awarding Meyerson no damages in her intentional tort action. The Fifth District affirms the cost award but certifies conflict with Third District precedent regarding the standard for determinin
• Alcides Cabrera v. State
  915 So. 2d 727· Fla. 5th DCA· 2005-12-02 ·cited 4×
• O.L. Raulerson v. Mitchell
  916 So. 2d 891· Fla. 4th DCA· 2005-11-09 ·cited 4×
  Sheriff Raulerson appealed a trial court order granting injunctive relief to inmates Marshall and Milton Mitchell regarding conditions of confinement at the Okeechobee County Jail. The appellate court reversed, finding that the Mitchells failed to establish the clear legal right
• Rayon Davenport v. State
  914 So. 2d 1004· Fla. 3d DCA· 2005-11-02 ·cited 4×
  Rayon Davenport appealed his conviction, challenging the trial court's denial of his motion to continue trial due to a missing witness and the exclusion of character evidence about the victim. The appellate court affirmed, finding no abuse of discretion in the continuance denial
• Shaw v. Vidya S. Jain, M.D., Vidya S. Jain, P.A.
  914 So. 2d 458· Fla. 1st DCA· 2005-10-20 ·cited 4×
  In a medical malpractice case involving a negligently performed carpal tunnel surgery, the appellate court reversed a jury verdict and remanded for a new trial because the trial court erroneously admitted irrelevant and highly prejudicial evidence of the plaintiff's marijuana use
• Nash v. AMR Corp.
  913 So. 2d 699· Fla. 1st DCA· 2005-10-18 ·cited 4×
  The court held that the JCC abused her discretion in denying costs but affirmed the award of attorney's fees.
• Jeffrey Lang, M.D. v. Mason
  911 So. 2d 167· Fla. 2d DCA· 2005-08-12 ·cited 4×
  Dr. Lang sued media defendants and others for libel and slander following a 2000 broadcast. The trial court dismissed the action for lack of prosecution under Florida Rule 1.420(e), but the appellate court reversed, holding that discovery requests mailed before the one-year deadl
• Wagner v. Garland Strickland
  908 So. 2d 549· Fla. 1st DCA· 2005-08-05 ·cited 4×
  The court held that the trial court's dismissal order was improper because the appellant's claims were not compulsory counterclaims, did not constitute impermissible splitting of a cause of action, and each count stated a valid cause of action.
• Fisher v. Bond
  906 So. 2d 1248· Fla. 3d DCA· 2005-07-27 ·cited 4×
  The appellate court held that the trial court abused its discretion by conditioning a hearing on temporary support and fees on the wife's deposition, especially given her medical condition and demonstrated need.
• Ferri v. Apple
  900 So. 2d 673· Fla. 2d DCA· 2005-04-08 ·cited 4×
  The appellate court affirmed a trial court's decision awarding primary residential responsibility of a child to the mother, finding no abuse of discretion. The court emphasized the trial court's broad discretion in custody matters and the standard of review for such decisions.
• Sub-Acute Mgmt. Servs., Inc. v. Columbia Physician Servs. Fla. Grp., Inc.
  893 So. 2d 631· Fla. 3d DCA· 2005-02-09 ·cited 4×
  Sub-Acute Management Services appealed a trial court's dismissal of its breach of contract and tort claims against Columbia Physician Services and HCA for failure to prosecute. The appellate court affirmed, holding that Sub-Acute failed to demonstrate good cause for its lack of p
• Herman v. Lakeisha Evette Scroggins Herman
  889 So. 2d 128· Fla. 1st DCA· 2004-11-30 ·cited 4×
  Mark Matthew Herman appeals a dissolution of marriage judgment in which the trial court indefinitely reserved jurisdiction to award alimony based on his former wife's kidney disease. The appellate court agrees that while reserving jurisdiction was proper, doing so indefinitely wa
• Curtin v. Helena A. Deluca, D.M.D. & Helena A. Deluca, D.M.D., P.A.
  886 So. 2d 298· Fla. 4th DCA· 2004-11-10 ·cited 4×
  The trial court dismissed a negligence action for lack of prosecution under Florida Rule of Civil Procedure 1.420(e) based on absence of record activity for one year. The appellate court reversed, holding that non-record discovery activity (a request for admissions) constitutes g
• Elba Whitley and Henry Whitley v. Warren
  884 So. 2d 431· Fla. 4th DCA· 2004-09-29 ·cited 4×
  In a personal injury case arising from a rear-end collision, the plaintiff sought a new trial based on newly discovered handwritten notes from her examining physician showing earlier neck pain complaints. The court affirmed the trial court's denial of the motion, finding the newl
• Grzelka v. State
  881 So. 2d 633· Fla. 5th DCA· 2004-08-06 ·cited 4×
  In this DUI case, the court addresses whether evidence of a defendant's refusal to submit to a breath test should be excluded when the police failed to provide complete statutory warnings about the consequences of refusal. The court affirms admission of the evidence, finding no a
• Love v. State
  877 So. 2d 921· Fla. 5th DCA· 2004-07-23 ·cited 4×
  Lynda Lee Love appealed her judgment and sentence following a guilty plea, challenging the adequacy of her competency hearing, the trial court's denial of her motion to withdraw the plea, and a scrivener's error in the judgment. The appellate court found no abuse of discretion an
• Collins v. Collins
  873 So. 2d 1261· Fla. 1st DCA· 2004-05-28 ·cited 4×
  Mother appeals a divorce judgment awarding primary residential custody (PRC) of the parties' five-year-old child to the father. The appellate court reversed and remanded, finding the trial court abused its discretion by allowing an expert witness to testify beyond the scope permi
• Wolford v. Boone
  874 So. 2d 1207· Fla. 5th DCA· 2004-05-14 ·cited 4×
  The Wolfords sought certiorari review of a circuit court's order denying their motion to strike the defendants' pleadings in a medical malpractice case. The defendants failed to comply with mandatory presuit discovery procedures under Florida's medical malpractice statute, but th
• Evans v. State
  863 So. 2d 384· Fla. 1st DCA· 2003-12-19 ·cited 4×
  Gregory Evans, convicted of possessing child sexual abuse material, appealed the trial court's denial of bail pending appeal. The appellate court reversed, finding that the trial court's cited reasons—increased flight risk from conviction and potential danger to children—were ins
• Vishna Persad v. State
  859 So. 2d 535· Fla. 4th DCA· 2003-11-05 ·cited 4×
• Brown v. State
  856 So. 2d 1116· Fla. 4th DCA· 2003-10-22 ·cited 4×
  Michael Brown appeals his armed robbery conviction, challenging the trial court's decision to shackle him during trial without an evidentiary hearing. The court affirmed the conviction, finding the issue was not properly preserved for appeal and, alternatively, that any shackling
• Coates v. State
  855 So. 2d 223· Fla. 5th DCA· 2003-09-26 ·cited 4×
  Ronald Coates was convicted of first-degree premeditated murder and sentenced to life imprisonment. He appealed challenging three trial court decisions: allowing jurors to take notes and ask questions, the delayed delivery of photographic exhibits to the jury room, and the inadve
• Lambert v. State
  864 So. 2d 17· Fla. 2d DCA· 2003-09-12 ·cited 4×
  Victor Lambert appeals his cocaine convictions, arguing the trial court violated his right to self-representation by denying his midtrial request to discharge counsel and proceed pro se. The appellate court affirms, holding that Lambert's request was untimely and therefore proper
• Sher v. Countrywide Home Loans, Inc.
  848 So. 2d 1246· Fla. 4th DCA· 2003-07-09 ·cited 4×
  Tenants sued their home's mortgage company and real estate company after personal property was removed from a foreclosed home without notice. The trial court granted summary judgment for the defendants and awarded attorney's fees, but the appellate court reversed the fee awards,
• Johnson v. Johnson
  847 So. 2d 1157· Fla. 5th DCA· 2003-06-27 ·cited 4×
  Trial court erred in failing to divide a $1,600 tax refund and $12,000 in life insurance proceeds derived from marital funds, but did not abuse its discretion in denying permanent alimony to a former wife in a 13-year marriage despite her medical conditions and lower earning capa
• WAX v. Horne
  844 So. 2d 797· Fla. 4th DCA· 2003-05-14 ·cited 4×·via Abuse Of Administrative Discretion
  The court held that the permanent revocation of the educator's certificate was within the statutory authority of the agency and not inconsistent with prior agency practice.
• Lauri F. Parker v. Shullman
  843 So. 2d 960· Fla. 4th DCA· 2003-04-16 ·cited 4×
  Lauri Parker sought to remove Steven Shullman as personal representative of her mother's estate and trustee of her mother and stepfather's trusts, alleging vindictive and questionable conduct. The trial court denied the removal petition, finding that while some of Shullman's acti
• Brittner v. State
  842 So. 2d 259· Fla. 1st DCA· 2003-04-10 ·cited 4×
  Trial court abused its discretion by denying appellant's Rule 1.540 motion for relief from judgment where appellant did not timely receive notice of the sexual predator designation order and filed his motion within one year of receiving the judge's letter.
• Lindsay v. State
  839 So. 2d 829· Fla. 4th DCA· 2003-03-05 ·cited 4×
• A.B. v. Dep't of Child. & Families
  834 So. 2d 350· Fla. 4th DCA· 2003-01-08 ·cited 4×
  A Florida appellate court reversed a trial court's sua sponte imposition of a no-contact order between a mother and her dependent child in long-term relative custody, finding the order was an abuse of discretion used to punish the mother rather than protect the child's welfare.
• Jackson v. State
  832 So. 2d 885· Fla. 3d DCA· 2002-12-18 ·cited 4×
  Dwayne Jackson appeals his burglary conviction, arguing the trial court abused its discretion by denying his motion to reopen his case after the court ruled his prior felony convictions could be used to impeach him. The appellate court reverses and remands, holding that the trial
• M.P. v. State
  832 So. 2d 877· Fla. 5th DCA· 2002-12-06 ·cited 4×
  M.P., a child with special needs, appeals his adjudication as delinquent and commitment to a Level 6 Moderate-Risk residential program despite the Department of Juvenile Justice's recommendation for community control. The Florida Fifth District Court of Appeal affirms, holding th
• Waterhouse v. Moore
  838 So. 2d 480· Fla.· 2002-11-21 ·cited 4×
  Robert Brian Waterhouse, a death row inmate, petitioned the Florida Supreme Court for a writ of habeas corpus, asserting four claims of ineffective assistance of appellate counsel relating to his 1980 first-degree murder conviction and death sentence. The Court denied the petitio
• Panamericano OF S.D., Inc. v. Suncoast BAY Dev., Inc.
  829 So. 2d 1006· Fla. 2d DCA· 2002-11-15 ·cited 4×·via Abuse Of Discretion Standard For Injunctions
  Panamericano sought certiorari review of a trial court order requiring a $4 million bond to maintain a lis pendens. The Florida appellate court affirmed the bond requirement despite the trial court's erroneous finding that the action was founded on a duly recorded instrument, bec