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

• Philip Morris USA Inc. v. Chadwell
  306 So. 3d 174· Fla. 3d DCA· 2020-06-03 ·cited 3×
  The appellate court affirmed a jury verdict for the plaintiff in an Engle-progeny tobacco lawsuit. The court held that the trial court did not abuse its discretion in limiting cross-examination regarding a prior asbestos claim and that the jury instructions on fraudulent concealm
• Frye v. Cuomo
  296 So. 3d 939· Fla. 4th DCA· 2020-06-03 ·cited 3×
  Former Husband appealed a divorce decree that granted Former Wife majority time-sharing, supervised visitation conditions including BAC testing with unfettered discretion for Former Wife to demand tests, sole responsibility for BAC device costs, and ultimate decision-making autho
• Timmons v. Lake City Golf, LLC
  293 So. 3d 596· Fla. 1st DCA· 2020-04-07 ·cited 3×
  The appellate court affirmed a final judgment confirming an arbitration award. The appellant argued the judgment was not final and lacked proper execution language, but the court found the judgment was final as it concluded judicial labor and provided the necessary framework for
• F.L.P. v. State
  292 So. 3d 791· Fla. 4th DCA· 2020-03-25 ·cited 3×
  When the DJJ recommends probation without providing an alternative commitment recommendation, the trial court must request an additional predisposition report with a restrictiveness level recommendation before ordering commitment and must articulate an understanding of the respec
• Hortensia Pena v. Bi-Lo Holdings, LLC
  304 So. 3d 1254· Fla. 3d DCA· 2020-03-04 ·cited 3×
  The appellate court affirmed a summary judgment for Winn-Dixie, finding no abuse of discretion in denying an adverse inference jury instruction. The court held that the store's failure to preserve a rice bag or identify an employee in a photograph did not warrant an adverse infer
• Schurr v. Silverio & Hall, P. A.
  290 So. 3d 634· Fla. 2d DCA· 2020-02-14 ·cited 3×
  This case involves an appeal by attorneys Schurr and Hertz after their motion for attorney's fees under section 57.105 was denied. The appellate court reversed, finding that the opposing counsel's (Silverio) motion to adjudicate a charging lien against Schurr and Hertz was not su
• Deutsche Bank Nat'l Tr. Co. v. Bennett
  291 So. 3d 605· Fla. 2d DCA· 2020-01-15 ·cited 3×
  When a trial court dismisses an action without prejudice as a sanction for discovery violations, it is not reversible error to fail to make express written findings of willful disregard of a court order.
• Davis v. Maloch
  287 So. 3d 689· Fla. 5th DCA· 2019-12-19 ·cited 3×
  Laura Davis appealed the trial court's decision to set aside a magistrate's report recommending an increase in alimony from $1,100 to $2,500 per month. The Fifth District Court of Appeal reversed, holding that the trial court improperly reweighed evidence and failed to follow pro
• Burnie Reed v. State
  287 So. 3d 606· Fla. 4th DCA· 2019-12-11 ·cited 3×
  Burnie Reed appeals his convictions for second-degree murder of Bianca McNair and attempted first-degree murder of Chutney McNair. The trial court denied his request for a heat of passion jury instruction as to the killing of Bianca. The appellate court affirmed all convictions,
• Williams v. State
  285 So. 3d 1003· Fla. 1st DCA· 2019-12-03 ·cited 3×
  The appellate court affirmed a defendant's conviction and sentence for armed robbery but reversed a portion of the costs imposed by the trial court. The court held that the trial court did not err in using a prior version of the jury instruction for eyewitness identification, as
• Musgrave v. Musgrave
  290 So. 3d 536· Fla. 2d DCA· 2019-11-27 ·cited 3×
  The trial court abused its discretion in awarding sole parental responsibility to the Wife where she never requested it and there was no competent, substantial evidence that shared parental responsibility would be detrimental to the children, despite Florida's strong public polic
• Hunt v. State
  284 So. 3d 1092· Fla. 4th DCA· 2019-11-20 ·cited 3×
  A detective's opinion testimony that a defendant did not act in self-defense invades the exclusive province of the jury and constitutes harmful error, particularly when self-defense is the defendant's sole defense and the officer's authority may unduly influence the jury.
• Strachan v. State
  279 So. 3d 1231· Fla. 4th DCA· 2019-10-02 ·cited 3×
  The defendant appeals his convictions for aggravated battery, simple battery, and simple battery as a lesser included offense of domestic battery by strangulation, arising from allegations involving his live-in girlfriend. The appellate court reversed based on two fundamental pro
• Dorothea C. Fleming v. Fleming
  279 So. 3d 763· Fla. 1st DCA· 2019-08-29 ·cited 3×
  In a dissolution of marriage appeal, the court reversed and remanded the trial court's award of attorney's fees and its requirement that the former husband maintain life insurance for the former wife's benefit. The court found that the trial court failed to make specific findings
• State v. Needelman
  276 So. 3d 444· Fla. 5th DCA· 2019-07-12 ·cited 3×
  The appellate court affirmed a trial court's order granting a new trial for a former Clerk of the Court, Mitchell Aaron Needelman. The new trial was granted due to juror misconduct where one juror conducted online research into the law and shared it with others, potentially affec
• Contreras v. State
  2017 WL 2961117· Fla. 2d DCA· 2019-06-19 ·cited 3×
  Arrest and a probationer's admission of pleading (without specifying guilty or no-contest) to charges are insufficient to prove willful violation of a probation condition requiring compliance with law, and a trial court must inquire into ability to pay and make explicit findings
• Trainor v. Cisneros
  44 Fla. L. Weekly D313· Fla. 3d DCA· 2019-06-12 ·cited 3×
  The appellate court affirmed post-judgment orders modifying timesharing and child support. The court found no abuse of discretion in the trial court's rulings, including its adoption of a proposed order and its decision to not adjudicate certain pending matters.
• A.F. v. Dep't of Child. & Families
  276 So. 3d 61· Fla. 1st DCA· 2019-06-05 ·cited 3×
  This Florida appellate case addresses the termination of parental rights for a father of a 14-month-old child in foster care. The trial court terminated the father's parental rights based on his failure to comply with his case plan, including substance abuse issues, drug dealing
• Walker v. Walker
  274 So. 3d 1156· Fla. 2d DCA· 2019-05-31 ·cited 3×
  The trial court erred in awarding alimony without specific factual findings, in determining timesharing based solely on physical space rather than statutory factors, in allowing unilateral enrollment in extracurricular activities without cost consideration, in calculating child s
• Clemente Arias v. Porter
  276 So. 3d 49· Fla. 2d DCA· 2019-05-29 ·cited 3×
  A zero verdict for past noneconomic damages is inadequate as a matter of law when a jury finds a permanent injury and awards past medical expenses, particularly where evidence of at least some past pain and suffering is substantially undisputed. A zero verdict for future nonecono
• Newby v. State
  272 So. 3d 862· Fla. 2d DCA· 2019-05-29 ·cited 3×
  A trial court abuses its discretion by excluding reverse Williams rule evidence when the defendant offers evidence of similar crimes committed by another person to show the defendant did not commit the charged offense, if the evidence would have been admissible under the Williams
• N. G. S. v. State
  272 So. 3d 830· Fla. 2d DCA· 2019-05-17 ·cited 3×
  The State failed to establish the corpus delicti of delinquent possession of a firearm because it presented no independent evidence (other than the juvenile's confession) that the juvenile constructively possessed the gun; mere proximity to contraband in a jointly occupied vehicl
• Fils-Aime v. Roberson
  273 So. 3d 1112· Fla. 3d DCA· 2019-05-08 ·cited 3×
  Appellate counsel sought sanctions under Florida Statute § 57.105 against a pro se attorney-landlord for filing fee motions against them following a frivolous appeal in a landlord-tenant dispute. The trial court denied the sanctions motions, and the court affirmed, finding no abu
• McIntosh v. Myers
  271 So. 3d 159· Fla. 1st DCA· 2019-05-02 ·cited 3×
  The McIntoshes appealed a trial court's partial grant of injunctive relief against the Myerses for planting cypress trees in violation of subdivision covenants. The appellate court affirmed the injunction regarding trees on the Myerses' property but reversed the denial of injunct
• Byron v. State
  273 So. 3d 1091· Fla. 3d DCA· 2019-05-01 ·cited 3×
  Jerry Byron appealed the trial court's denial of his postconviction motion and refusal to order an additional competency evaluation during the evidentiary hearing on that motion. The appellate court affirmed, holding that the record did not establish a bona fide question regardin
• Fredrick Scire v. Hochman
  268 So. 3d 167· Fla. 4th DCA· 2019-04-10 ·cited 3×
  Although a trial court has discretion to allow payment of attorney's fees over time, it must set forth factual findings supporting the specific payment plan selected and must determine the actual number of hours reasonably expended by counsel before awarding fees.
• Frerking v. Stacy
  266 So. 3d 273· Fla. 5th DCA· 2019-03-15 ·cited 3×
  The trial court abused its discretion by awarding durational alimony instead of permanent alimony in a nearly nineteen-year marriage and by imputing $43,000 in annual income based on speculative testimony about potential teaching positions requiring additional certification and e
• Martinez v. State
  265 So. 3d 704· Fla. 4th DCA· 2019-02-27 ·cited 3×
  Frank Albert Martinez appealed the denial of his motion in limine to exclude statements he made about the President of the United States during his arrest for DUI and resisting an officer with violence. The circuit court admitted the statements as relevant and probative, finding
• Erhm Orthopedics, Inc. v. Edwards
  260 So. 3d 559· Fla. 2d DCA· 2019-01-04 ·cited 3×
  ERHM Orthopedics appeals a trial court's order denying attorney's fees following a dispute with former employee Todd Edwards over a non-compete and non-solicitation agreement. The appellate court reversed, holding that ERHM is the prevailing party entitled to attorney's fees beca
• Little v. Davis
  260 So. 3d 1139· Fla. 1st DCA· 2018-12-14 ·cited 3×
  Davis brought a personal injury action against Little for injuries sustained in a low-speed motor vehicle collision. The jury found Davis sustained an injury but no permanent injury and awarded only past medical bills. The trial court granted Davis's motion for a new trial on dam
• Bravo v. State
  268 So. 3d 193· Fla. 2d DCA· 2018-12-12 ·cited 3×
  Maria Bravo appeals the revocation of her community control and resulting three-year prison sentence. The appellate court reversed, finding that the State failed to prove Bravo willfully and substantially violated her community control condition requiring her to remain confined t
• Hayes Robertson Grp., Inc. v. Cherry
  260 So. 3d 1126· Fla. 3d DCA· 2018-12-12 ·cited 3×
  This consolidated appeal addresses two issues: whether a trial court properly excluded expert testimony regarding an employee's alleged habitual alcohol addiction in a dram shop liability case, and whether a defendant's nominal settlement proposals warranted an award of attorney'
• Sayles v. Nationstar Mortg., LLC
  268 So. 3d 723· Fla. 4th DCA· 2018-12-05 ·cited 3×
  A borrower who surrenders property in bankruptcy proceedings is judicially estopped from contesting the foreclosure of that property and challenging the lender's standing. The trial court properly took judicial notice of bankruptcy records and struck affirmative defenses based on
• Cuenca v. State Bd. of Admin.
  259 So. 3d 253· Fla. 3d DCA· 2018-11-14 ·cited 3×
  A public employee forfeits retirement benefits under section 112.3173(2)(e)6 when the evidence establishes that the employee committed a felony: (1) as a public employee; (2) willfully and with intent to defraud the public employer of faithful performance of duty; (3) to obtain a
• Howard v. Gualt
  259 So. 3d 119· Fla. 4th DCA· 2018-10-31 ·cited 3×
  A guarantor appeals a trial court's denial of his motion to vacate a default judgment in a mortgage foreclosure action. The guarantor argues the plaintiff failed to exercise due diligence in attempting personal service before resorting to service by publication. The appellate cou
• Simmons v. State
  257 So. 3d 1121· Fla. 1st DCA· 2018-10-15 ·cited 3×
  The trial court properly admitted deposition testimony from the charged offense at a pretrial similar-fact hearing because hearsay is generally admissible in pretrial proceedings, the State provided adequate notice, and the collateral-crime witnesses were subject to cross-examina
• Mathieu v. State
  258 So. 3d 528· Fla. 3d DCA· 2018-10-10 ·cited 3×
  A trial court does not abuse its discretion by permitting a witness to testify where the witness provides substantive evidence probative of facts in dispute, even if portions of that testimony are inconsistent with prior statements, because impeachment alone is not the primary pu
• Jeromy Rodgers v. Deutsche Bank Nat'l Tr.
  256 So. 3d 885· Fla. 4th DCA· 2018-09-26 ·cited 3×
  A trial court does not abuse its discretion in denying a motion to vacate a final foreclosure judgment containing scrivener's errors in the legal description when those errors first occurred at the time of judgment entry rather than prior to it, as such errors may be more properl
• Chacon v. Philip Morris USA, Inc.
  254 So. 3d 1172· Fla. 3d DCA· 2018-09-12 ·cited 3×
  The Florida Third District Court of Appeal held that to qualify as an Engle class member in a tobacco wrongful death action, a plaintiff must prove the deceased was either a citizen or a resident of Florida (not both) at the time of disease manifestation or diagnosis. The court r
• Antonio F. Defilippo M.D. & S. Fla. Psychiatric Servs., Inc. v. Curtin
  255 So. 3d 351· Fla. 4th DCA· 2018-09-05 ·cited 3×
  The trial court erred in three respects: (1) precluding the physician from testifying that he was absent when the patient was admitted and unaware of the patient's existence, as such testimony was relevant to whether he negligently supervised the ARNP; (2) instructing the jury th
• Deutsche Bank v. Garcia del Busto
  254 So. 3d 1050· Fla. 3d DCA· 2018-08-22 ·cited 3×
  A trial court lacks authority to vacate a final foreclosure judgment absent a valid basis under Florida Rule of Civil Procedure 1.540, and a temporary repayment plan that has not been fully performed does not constitute grounds for vacating a final judgment.
• Houston Specialty Ins. Co. v. Enoch Vaughn
  261 So. 3d 607· Fla. 2d DCA· 2018-08-10 ·cited 3×
  An insurer lacks a direct and immediate interest sufficient to warrant intervention in its insured's tort litigation when the insurer's interest is merely speculative or contingent on entry of a future judgment against the insured and subsequent enforcement actions. Permitting in
• Lane v. Lane
  254 So. 3d 570· Fla. 3d DCA· 2018-07-11 ·cited 3×
  A trial court did not abuse its discretion in authorizing a father to enroll the children in private school over the mother's objection when the father agreed to pay all costs and the trial court found enrollment served the children's best interests. The mother's objection was pr
• Robbins v. State
  250 So. 3d 722· Fla. 4th DCA· 2018-07-11 ·cited 3×
  When a trial court denies a motion for new trial based on the weight of the evidence, it must apply the "weight of the evidence" standard rather than the "sufficiency of the evidence" standard; appellate counsel's failure to raise this argument where the trial court's reasoning d
• Thompson v. State
  250 So. 3d 132· Fla. 1st DCA· 2018-05-17 ·cited 3×
  The trial court properly revoked Thompson's probation based on competent, substantial evidence of willful and substantial violation of the monetary payment conditions. A probationer's failure to make reasonable efforts to obtain employment is relevant to whether she made bona fid
• Pierre v. State
  246 So. 3d 545· Fla. 4th DCA· 2018-05-16 ·cited 3×
  The trial court did not abuse its discretion in admitting the second ski mask as relevant evidence, and Pierre's arguments regarding unfair prejudice and expert testimony were not preserved for appeal because he failed to assert the specific legal bases for his objections at tria
• Francis-Harbin v. Sensormatic Elecs., LLC
  254 So. 3d 523· Fla. 3d DCA· 2018-04-25 ·cited 3×
  Valerie Francis-Harbin appeals a jury verdict finding her 20% at fault for injuries from a scissor lift accident at Walmart, awarding her $110,000 in damages but zero for pain and suffering. The Florida Third District Court of Appeal affirms, holding the verdict is not legally in
• Deutsche Bank Nat'l Tr. Co. v. Dwaine A. Sheward & Patricia Sheward
  245 So. 3d 890· Fla. 2d DCA· 2018-04-18 ·cited 3×
  Payment history records maintained by a successor loan servicer are admissible under the business records exception to the hearsay rule when the successor business independently verifies the accuracy of the prior servicer's records upon receipt, and no personal knowledge of the p
• Taide Wiston Asencio, JR. v. State
  244 So. 3d 294· Fla. 4th DCA· 2018-04-04 ·cited 3×
  The trial court did not abuse its discretion in admitting the jail call recording based on the jail system's three-tiered verification process (booking number, PIN, and voice recognition software) combined with corroborating facts referenced in the call, and did not commit fundam
• Esca Inv., Inc. v. Tarraza
  239 So. 3d 1285· Fla. 3d DCA· 2018-04-04 ·cited 3×
  A trial court does not abuse its discretion in granting a new trial based on the defendant's violation of an in limine order, improper closing argument, and a jury's award of zero damages for future pain and suffering that is contrary to the manifest weight of the evidence.