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

• Luton v. State
  831 So. 2d 690· Fla. 3d DCA· 2002-10-16 ·cited 4×
  Calvin Luton appeals his conviction for strong arm robbery, challenging the trial court's denial of his motion for mistrial based on an officer's testimony about the high-crime nature of the area. The Florida appellate court affirmed the conviction, holding that the officer's rem
• Cadle v. Norris
  817 So. 2d 1075· Fla. 5th DCA· 2002-06-07 ·cited 4×
  Terry Lynn Cadle appealed the trial court's award of primary residential custody of her child to the child's father, David William Norris. The Florida District Court of Appeal affirmed the custody award and rejected Cadle's challenges to the trial judge's impartiality and venue.
• Lumbermens Mut. Cas. Co. v. Poling
  823 So. 2d 805· Fla. 5th DCA· 2002-06-07 ·cited 4×·via Abuse Of Discretion Standard For Evidentiary Rulings
  The appellate court reversed a final judgment for the plaintiff in an uninsured motorist benefits case, finding the trial court erred by excluding the plaintiff's pre-accident application for social security benefits detailing his physical limitations.
• Spitulski v. Spitulski
  816 So. 2d 1251· Fla. 5th DCA· 2002-05-31 ·cited 4×·via Abuse Of Discretion Standard For Continuance
  John Spitulski appealed a final judgment of dissolution of marriage, challenging the denial of his motion for continuance and the trial court's allocation of marital assets. The appellate court affirmed the denial of the continuance but reversed and remanded on the asset distribu
• Black v. Bedford AT Lake Catherine Homeowners Ass'n, Inc.
  801 So. 2d 252· Fla. 4th DCA· 2001-12-12 ·cited 4×
  Homeowners Craig and Lucille Black appealed the denial of contractually mandated attorney's fees in their dispute with their homeowners association over property rights and easements. The court reversed, holding that the Blacks were the prevailing party on all four counts brought
• Nestor F. Manrique v. Manrique
  786 So. 2d 1270· Fla. 4th DCA· 2001-06-20 ·cited 4×
  In this divorce appeal, the Florida District Court of Appeal affirmed the trial court's award of the husband's interest in the marital home to the wife as lump sum alimony, despite it being the parties' only substantial asset. The court held that while such an award might be disf
• Glynn v. State
  787 So. 2d 203· Fla. 4th DCA· 2001-05-16 ·cited 4×
  The court held that the trial judge did not abuse discretion in admitting the defendant's Ohio statements as rebuttal evidence inconsistent with defense testimony.
• S.S. & M.G. v. Dep't of Child. & Fam. Servs.
  784 So. 2d 479· Fla. 4th DCA· 2001-03-14 ·cited 4×
  Parents S.S. and M.G. appeal the termination of their parental rights, arguing the trial court abused its discretion by denying their motion for continuance after DCF filed untimely discovery including a new expert witness and taped statements. The court reversed and remanded for
• Metzler v. Metzler
  779 So. 2d 412· Fla. 2d DCA· 2000-09-08 ·cited 4×
• Levine v. Steiger
  765 So. 2d 249· Fla. 4th DCA· 2000-08-09 ·cited 4×
  The court held that Florida Statute § 737.203 is a venue statute, not a jurisdictional bar, and the trial court did not abuse its discretion in denying the motion to dismiss.
• Eller Media Co. v. Serrano
  761 So. 2d 464· Fla. 3d DCA· 2000-06-28 ·cited 4×
  The court held that the trial court did not abuse its discretion in denying motions to stay a civil case pending a criminal proceeding because the Fifth Amendment privilege had not yet been specifically asserted by the defendants.
• RAY v. Thomson-Kernaghan & Co. Ltd.
  761 So. 2d 1197· Fla. 4th DCA· 2000-06-28 ·cited 4×
  Bradley Ray, a sophisticated businessman and CEO, appeals an order denying his motion to vacate a clerk's default entered against him. The court affirmed, finding that Ray failed to demonstrate an abuse of discretion by the trial judge, who reasonably concluded that Ray's relianc
• Cason v. State
  760 So. 2d 283· Fla. 4th DCA· 2000-06-07 ·cited 4×
  David Cason appealed his conviction for attempted sexual battery and aggravated battery, challenging the trial court's denial of a cause challenge to juror Wallerstein. The Florida Fourth District Court of Appeal affirmed the conviction, holding that the trial court did not abuse
• Jonnie Davis v. Bill Williams AIR Conditioning & Heating, Inc.
  765 So. 2d 114· Fla. 1st DCA· 2000-06-06 ·cited 4×
  Appellant Davis challenges the trial court's denial of attorney's fees under Florida Statute § 57.105 after she was voluntarily dismissed from a lawsuit filed by her husband's employer based on allegations of embezzlement. The court reversed, holding that filing a lawsuit without
• Itt Hartford Ins. Co. of the Se. v. Stiles Jerry Owens and Jean A. Owens
  760 So. 2d 210· Fla. 3d DCA· 2000-04-19 ·cited 4×
  ITT Hartford Insurance Company appealed an order granting an additur in a personal injury case, arguing it was entitled to reject the additur and obtain a new trial. The court affirmed the additur, holding that because the plaintiff accepted the defendant's discount rate for calc
• Mehran Etesam v. Maliheh Chasebi
  751 So. 2d 1261· Fla. 3d DCA· 2000-03-15 ·cited 4×
  The court held that without a transcript, it could not review the husband's argument that the trial court abused its discretion in awarding permanent alimony.
• Sullivan v. State
  751 So. 2d 128· Fla. 2d DCA· 2000-01-14 ·cited 4×·via Abuse Of Discretion Standard For Evidentiary Rulings
  The court held that the trial court erred by refusing to allow the defendant to testify that his prior convictions stemmed from guilty pleas and by allowing the State to question the defendant about whether police witnesses were lying.
• Carlos A. Gonzalez, M.D. v. Gliceria Ravirifici
  745 So. 2d 1145· Fla. 3d DCA· 1999-12-22 ·cited 4×
  The appellate court affirmed the trial court's order granting a new trial, finding that the trial judge did not abuse discretion in determining the jury verdict was against the manifest weight of the evidence and that fundamental error occurred during summation.
• McINTOSH v. State
  743 So. 2d 155· Fla. 3d DCA· 1999-10-20 ·cited 4×
  Kenneth Lamont McIntosh appeals his convictions for first-degree murder, armed robbery, and armed burglary, challenging the trial court's allowance of the State to withdraw a peremptory challenge against juror Blanco after jury selection was exhausted. The appellate court affirme
• Hasegawa v. Anderson
  742 So. 2d 504· Fla. 2d DCA· 1999-10-13 ·cited 4×
  In this appeal from a grant of new trial on damages, the Florida District Court of Appeal reversed the trial court's decision, holding that alleged improper statements and comments by defense counsel and witnesses, even cumulatively, did not rise to the level of fundamental error
• Rahyns v. State
  752 So. 2d 617· Fla. 4th DCA· 1999-09-22 ·cited 4×·via Abuse Of Discretion Standard On Appeal
  Anthony Rahyns appeals his upward departure sentence for manslaughter, challenging whether firing a single shot into a crowd during a drive-by shooting could support a finding that the offense created a substantial risk of death or great bodily harm to many persons. The Florida a
• THE Florida BAR v. Carson
  737 So. 2d 1069· Fla.· 1999-05-20 ·cited 4×·via Abuse Of Discretion Standard For Costs
  The Florida Bar disciplined attorney Kevin Kitpatrick Carson for violating professional conduct rules governing contingent fee referral agreements by entering into oral agreements for referral fees without written client consent and pursuing collection of those fees. The Florida
• Mosley v. State
  720 So. 2d 606· Fla. 5th DCA· 1998-11-06 ·cited 4×
  The court held that the lower court abused its discretion by failing to conduct a meaningful Nelson inquiry into the defendant's claims of ineffective assistance of counsel.
• Jenkins v. State
  719 So. 2d 1012· Fla. 4th DCA· 1998-11-04 ·cited 4×
  The Fourth District Court of Appeal reversed Tyrone Jenkins' cocaine possession and sale conviction because the trial court erroneously admitted irrelevant expert testimony about cocaine from a different, unrelated criminal case. The testimony violated the rules of evidence becau
• United States v. Davenport
  151 F.3d 1325· 11th Cir.· 1998-08-25 ·cited 4×
  Davenport pleaded guilty to conspiracy to possess cocaine with intent to distribute and was sentenced after absconding and being arrested only three hours before his sentencing hearing. The Eleventh Circuit held that a defendant's flight does not constitute a waiver of the statut
• Powell v. State
  717 So. 2d 1050· Fla. 5th DCA· 1998-08-07 ·cited 4×
  The trial court did not abuse its discretion in denying motions to suppress that were filed untimely and without explanation, as this would frustrate the purpose of pretrial procedures.
• Dep't of Child. & Fam. Servs. v. Brunner
  707 So. 2d 1197· Fla. 1st DCA· 1998-04-09 ·cited 4×
  The trial court did not abuse its discretion in denying the Department of Children and Family Services' motion to intervene because the agency statutorily authorized to handle the refund action was already a party and DCFS lacked special expertise.
• Pipping v. Dep't OF Corr.
  700 So. 2d 721· Fla. 1st DCA· 1997-09-18 ·cited 4×
  David Pipping appealed the Public Employees Relations Commission's denial of attorney's fees after his dismissal from the Department of Corrections was reduced to a 60-day suspension. The First District Court of Appeal affirmed PERC's discretionary denial of fees, holding that su
• Brown v. State
  695 So. 2d 1275· Fla. 1st DCA· 1997-06-23 ·cited 4×
  Bobby Lee Brown appealed his convictions for attempted second-degree murder, armed kidnapping, armed robbery, and aggravated assault, arguing he was entitled to dismissal under Florida's speedy trial rule. The First District Court of Appeal affirmed his convictions, holding that
• Grizzard v. Grizzard
  693 So. 2d 705· Fla. 2d DCA· 1997-05-21 ·cited 4×
  A former husband appeals an order requiring him to pay his former wife's attorney's fees incurred in post-dissolution enforcement proceedings. The court reverses, holding that the trial court abused its discretion by failing to find that the former wife had a financial need for a
• Costello v. The Honorable John Fennelly
  681 So. 2d 926· Fla. 4th DCA· 1996-10-30 ·cited 4×
  A grant of use and derivative use immunity under section 914.04, Florida Statutes, is sufficient to compel testimony over a Fifth Amendment claim, even when the witness faces potential prosecution in other jurisdictions.
• Yaakov Brafman & Value Rent-A-Car, Inc. v. Rybalka
  673 So. 2d 525· Fla. 3d DCA· 1996-04-24 ·cited 4×
  The court held that the trial court did not abuse its discretion in granting a new trial based on defense counsel's inflammatory closing argument.
• Skyles v. State
  670 So. 2d 1084· Fla. 4th DCA· 1996-03-20 ·cited 4×·via Abuse Of Discretion Standard For Evidentiary Rulings
  Cecil Skyles appeals his convictions for sexual battery on two 7-year-old boys, challenging the admission of his confession obtained after ambiguous invocations of his right to silence and the trial court's refusal to allow recross-examination of a victim. The court reverses, fin
• Brown v. State
  667 So. 2d 901· Fla. 4th DCA· 1996-02-07 ·cited 4×
  Lorenzo Brown appealed his conviction for manslaughter, attempted manslaughter, and carrying a concealed weapon, challenging both the trial court's departure sentence and restitution order. The Fourth District Court of Appeal affirmed both, finding the trial court did not abuse i
• Mack v. Nat'l Constructors, Inc.
  666 So. 2d 244· Fla. 3d DCA· 1996-01-10 ·cited 4×
  The court held that the trial court did not abuse its discretion in striking the defendants' pleadings and entering a default judgment.
• Se. Fla. Cable, Inc. v. Islandia I Condo. Ass'n Inc.
  661 So. 2d 91· Fla. 4th DCA· 1995-08-30 ·cited 4×
  The appellate court affirmed the trial court's reduction of expert witness fees but reversed the denial of deposition costs, remanding for application of the correct legal standard.
• Levine v. United Cos. Life Ins. Co.
  659 So. 2d 265· Fla.· 1995-08-24 ·cited 4×·via Abuse Of Discretion Standard For Denying Leave To Amend
  The Florida Supreme Court approved the Third District Court of Appeal's affirmance of a mortgage foreclosure judgment but disapproved the district court's reliance on a usury savings clause doctrine that conflicted with the Supreme Court's concurrent decision in Jersey Palm-Gross
• Harper Cos., Inc. v. Scott
  656 So. 2d 627· Fla. 4th DCA· 1995-07-05 ·cited 4×·via Abuse Of Discretion In Dismissal
  Harper Companies appealed the dismissal of their second amended complaint against attorneys and a judgment creditor who allegedly orchestrated a wrongful seizure of consignment merchandise. The Fourth District reversed in part, holding that while the intentional infliction of emo
• Daniella Carlow v. Evrick Blenman & Waste Mgmt., Inc.
  652 So. 2d 479· Fla. 2d DCA· 1995-03-24 ·cited 4×
  Appellant, a pro se plaintiff in a personal injury suit, challenged the trial court's order dismissing her case for failing to obtain legal representation. The court upheld the trial court's authority to require counsel but reversed the dismissal because the trial court abused it
• Ameritrust Nat'l Bank v. Davidson (In Re Davidson)
  178 B.R. 544· S.D. Fla.· 1995-02-24 ·cited 4×
  The court held that the bankruptcy court properly denied Marian Davidson's discharge but erred in denying Walter Davidson's discharge and in overruling objections to the annuity exemption, remanding for further consideration of specific issues.
• Sipes v. Gen. Dev. Corp. (In Re Gen. Dev. Corp.)
  177 B.R. 1000· S.D. Fla.· 1995-01-27 ·cited 4×
  The court affirmed the Bankruptcy Court's order, holding that the Sipes were not denied due process and that their homesite purchase agreement was an executory contract subject to rejection under the Bankruptcy Code.
• McKENZIE v. State
  653 So. 2d 395· Fla. 4th DCA· 1995-01-11 ·cited 4×
  The trial court did not abuse its discretion in refusing to admit polygraph examination results, as the evidence did not demonstrate sufficient general acceptance in the scientific community.
• Hauser v. Cathleen K. Hauser
  644 So. 2d 554· Fla. 4th DCA· 1994-10-12 ·cited 4×·via Reasonableness Test For Abuse Of Discretion
  In this family law appeal, the Fourth District Court of Appeal affirmed a trial court's award of permanent periodic alimony and child support to the wife in a ten-year marriage, finding the awards were not grossly excessive despite the significant income disparity between a physi
• Miller v. State
  632 So. 2d 243· Fla. 3d DCA· 1994-02-22 ·cited 4×
  The court held that prior criminal conduct was admissible and that limiting jury reinstruction was not an abuse of discretion, but the sentence structure violated a statute.
• The Sheriff OF Brevard Cnty. v. Lampman-Prusky
  634 So. 2d 660· Fla. 5th DCA· 1994-02-18 ·cited 4×
  The trial court properly exercised its discretion in denying the sheriff's motion to dismiss for failure to perfect service of process within 120 days where reasonable cause for the delay was documented.
• Pefaur v. Pilar Pefaur
  626 So. 2d 1025· Fla. 3d DCA· 1993-11-09 ·cited 4×
  Hector Pefaur appealed an order awarding temporary alimony and child support to Pilar Pefaur. The appellate court affirmed the award, finding no abuse of discretion in the amounts or effective dates, and rejecting the husband's contentions regarding the use of the term 'marital h
• Policari v. Cerbasi
  625 So. 2d 998· Fla. 5th DCA· 1993-10-29 ·cited 4×
  In this automobile personal injury case, the Policaris appeal a judgment for the defense after the trial court denied their motion for mistrial when jurors were exposed to a newspaper article stating that the Policaris' medical witness had been charged with criminal racketeering
• Payless Shoesource, Inc. v. Reebok Int'l Ltd. & Reebok Int'l Ltd.
  998 F.2d 985· Fed. Cir.· 1993-07-20 ·cited 4×
  The court held that the district court abused its discretion by failing to adequately consider post-sale confusion for trademark and trade dress claims and by misapplying the Gorham test for design patent infringement.
• United States v. Johnson
  998 F.2d 696· 9th Cir.· 1993-07-08 ·cited 4×
  Conditions of supervised release need not be related to every factor listed in U.S.S.G. § 5D1.3(b), but only to some of them, as long as they are reasonably related to the overall factors.
• In re Holloway
  995 F.2d 1080· D.C. Cir.· 1993-06-11 ·cited 4×
  The court held that an attorney's repeated defiance of clear court orders, despite warnings, constituted criminal contempt under 18 U.S.C. § 401(3), and the summary contempt procedure and $1,000 fine were appropriate.