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

• Carter v. Hart
  240 So. 3d 863· Fla. 5th DCA· 2018-03-16 ·cited 3×
  The court held that a simultaneous hearing on a motion for contempt and a motion for temporary alimony reduction is permissible, and that a party present at the contempt hearing with counsel receives adequate due process regarding potential incarceration.
• Jones v. Jones
  239 So. 3d 211· Fla. 1st DCA· 2018-03-08 ·cited 3×
  A dissipated marital asset may be included in an equitable distribution scheme only when there is evidence of the spending spouse's intentional dissipation or destruction and the trial court makes a specific finding of misconduct; absent such a finding, the asset cannot be equita
• Sandelier v. State
  238 So. 3d 831· Fla. 4th DCA· 2018-02-28 ·cited 3×
  A failure to appear at a scheduled court hearing must be charged as indirect criminal contempt, not direct contempt, and indirect contempt proceedings require strict compliance with Rule 3.840, including written notice, reasonable preparation time, and compulsory process for witn
• Morales v. Fifth Third Bank
  238 So. 3d 280· Fla. 4th DCA· 2018-01-31 ·cited 3×
  Luis and Cecilia Morales appealed a final judgment in favor of Fifth Third Bank on a promissory note. The Fourth District Court of Appeal reversed and remanded for a new trial because the trial court improperly admitted a copy of the promissory note over the appellants' objection
• Phelps v. State
  236 So. 3d 1162· Fla. 2d DCA· 2018-01-31 ·cited 3×
  Failure to comply with the procedural requirements of Florida Rule of Criminal Procedure 3.830 in a direct criminal contempt proceeding constitutes fundamental error requiring reversal, even when the defendant does not raise the issue initially. The trial court must inform the de
• R. J. Reynolds Tobacco Co. v. Erskin Donal Ward
  238 So. 3d 408· Fla. 1st DCA· 2018-01-29 ·cited 3×
  Parties have good reason to deny requests for admission when the matters are hotly-contested, central issues in the case, and therefore attorney's fees and costs cannot be awarded under Rule 1.380(c) for such denials. Rule 1.380(c) serves as a sanction for unjustified denials, no
• State Farm Mut. Auto. Ins. Co. v. Harmon
  237 So. 3d 423· Fla. 5th DCA· 2018-01-26 ·cited 3×
  The court held that the jury's award for future medical expenses was not supported by sufficient evidence and that the cost judgment should be reversed.
• Junk v. State
  230 So. 3d 984· Fla. 1st DCA· 2017-11-30 ·cited 3×
  A probation revocation order may be affirmed even though two alleged violations lack oral pronouncements, when the remaining violations are substantial and willful, and the trial court properly sentenced the probationer to a term authorized by statute for the underlying offense.
• Hoyt v. Chalker
  228 So. 3d 697· Fla. 1st DCA· 2017-10-18 ·cited 3×
  A mother appealed a trial court's denial of her petition to relocate her two minor sons from Florida to Virginia. The Florida appellate court affirmed, finding the trial court did not abuse its discretion in concluding that relocation was not in the children's best interests.
• Bayview Loan Servicing, LLC v. KAY
  227 So. 3d 779· Fla. 1st DCA· 2017-10-18 ·cited 3×
  The court held that the trial court erred in excluding loan payment history documents under the business records exception, as a witness from the servicing company could lay the foundation for records accessed through a shared platform.
• Josiah Hathaway v. State
  228 So. 3d 620· Fla. 1st DCA· 2017-09-27 ·cited 3×
  Josiah Hathaway appeals his convictions for attempted second-degree murder and carrying a concealed firearm. The appellate court rejected his primary argument that the trial court erred in denying his motion in limine to exclude his admission about concealing a firearm, finding t
• Westaway v. Wells Fargo Bank
  230 So. 3d 505· Fla. 2d DCA· 2017-09-01 ·cited 3×
  Debra Westaway appealed a trial court's reduction of her attorneys' hourly rate in a foreclosure defense case she won. The appellate court held that the trial court abused its discretion by reducing the requested $325/hour rate to $200-$250/hour without proper findings on the rel
• Rousey v. State
  226 So. 3d 1015· Fla. 2d DCA· 2017-08-30 ·cited 3×
  Mark Rousey appeals the revocation of his community control for allegedly violating curfew and electronic monitoring conditions. The court reverses, finding that Rousey's late return home—caused by a stranded vehicle at a gas station while on an approved errand—constituted neglig
• Higgins v. Higgins
  226 So. 3d 901· Fla. 4th DCA· 2017-08-23 ·cited 3×
  In this dissolution of marriage appeal, the Florida Fourth District Court of Appeal addressed equitable distribution issues, finding the trial court erred in failing to value a marital business, including a dissipated tax refund without finding misconduct, and failing to explain
• Nehring v. State
  225 So. 3d 916· Fla. 1st DCA· 2017-08-07 ·cited 3×
  Nicholas Nehring appealed his conviction on two grounds: the trial court's failure to enter a written order of competency and the admission of seventeen-year-old felony convictions to impeach his witness. The appellate court remanded for entry of a written competency order but af
• Mustafa A. Abdulla v. State
  223 So. 3d 276· Fla. 4th DCA· 2017-07-05 ·cited 3×
  Mustafa Abdulla appealed his conviction for improper exhibition of a firearm and carrying a concealed firearm, challenging the prosecutor's closing argument statements. The Florida Fourth District Court of Appeal agreed that the prosecutor improperly used a witness's prior incons
• Bargo v. State
  221 So. 3d 562· Fla.· 2017-06-29 ·cited 3×
  Michael Shane Bargo, Jr. appeals his first-degree murder conviction and death sentence for the 2011 killing of 15-year-old Seath Jackson. The Florida Supreme Court affirmed the conviction but vacated the death sentence and remanded for a new penalty phase based on Hurst v. Florid
• Barrington Parague v. State
  222 So. 3d 567· Fla. 4th DCA· 2017-06-07 ·cited 3×
  Barrington Parague appealed his convictions for aggravated assault with a deadly weapon and felony battery, as well as a $30,000 restitution order. The court affirmed the convictions but reversed the restitution order, finding it was the product of improper coercion by the trial
• Brown v. Jones
  229 So. 3d 397· Fla. 1st DCA· 2017-06-06 ·cited 3×
  Nathaniel Brown appeals the circuit court's denial of his petition for writ of mandamus against the Florida Department of Corrections. The court affirmed the denial, finding no abuse of discretion, and warned Brown of potential additional sanctions for his pattern of frivolous an
• Eulogio Lisca v. Fla. Atl. Constr., Inc.
  219 So. 3d 872· Fla. 4th DCA· 2017-05-31 ·cited 3×
  Eulogio Lisca appealed a default judgment entered against him for failing to file an answer to a counterclaim for declaratory relief filed by his employer's general contractor. The Fourth District Court of Appeal affirmed the default, holding that the trial court did not abuse it
• Miranda v. Pacheco Ent. Prod. Enters., Inc.
  220 So. 3d 523· Fla. 3d DCA· 2017-05-31 ·cited 3×
  Michael Fernando Sierra Miranda appealed the trial court's denial of his motion to dissolve a permanent injunction prohibiting him from performing without written consent from Pacheco Entertainment. The court affirmed, holding that a trial court does not abuse its discretion in r
• Taurus Int'l Mfg., Inc. v. Friend
  217 So. 3d 1133· Fla. 3d DCA· 2017-04-26 ·cited 3×
  Taurus International Manufacturing appealed a trial court's denial of its motion to dismiss a products liability lawsuit on forum non conveniens grounds. The Florida appellate court affirmed, holding that the trial court acted within its discretion in keeping the case in Miami-Da
• State v. Hicks
  214 So. 3d 701· Fla. 4th DCA· 2017-04-12 ·cited 3×
  The State of Florida appealed a trial court order dismissing a violation of probation warrant for lack of jurisdiction. The appellate court held that probation is tolled when a defendant absconds from supervision, and remanded for the trial court to determine whether the appellee
• Chiarenza v. State
  217 So. 3d 128· Fla. 3d DCA· 2017-03-08 ·cited 3×
• B.R.C. v. State
  210 So. 3d 243· Fla. 2d DCA· 2017-02-08 ·cited 3×
  The court held that the trial court erred by failing to conduct an adequate competency hearing and make an independent determination of the defendant's competency before proceeding to trial.
• Boswell v. Shirley's Pers. Care Servs. OF Okeechobee, Inc.
  211 So. 3d 210· Fla. 4th DCA· 2017-01-04 ·cited 3×·via Abuse Of Discretion Standard For Attorney'S Fees
  On remand from a prior appeal, the trial court was instructed to allocate attorney's fees to only the injunctive relief claims but instead denied fees entirely. The appellate court reversed, holding that defense counsel sufficiently proved allocation of hours to the injunctive re
• Fields v. Beneficial Fla., Inc.
  208 So. 3d 278· Fla. 5th DCA· 2016-12-16 ·cited 3×
  Timothy Fields appeals a trial court's order vacating an involuntary dismissal in a mortgage foreclosure action brought by Beneficial Florida, Inc. The court affirmed, holding that the trial court did not abuse its discretion in granting Beneficial's motion to vacate the dismissa
• In re Jane DOE 16-A
  204 So. 3d 175· Fla. 1st DCA· 2016-11-28 ·cited 3×
  A minor appeals a circuit court's dismissal of her petition for judicial waiver of parental notification requirements for abortion under Florida law. The court affirmed the dismissal, finding the minor failed to meet the statutory criteria for waiver based on maturity or best int
• Golant v. State
  202 So. 3d 946· Fla. 4th DCA· 2016-11-02 ·cited 3×
  Stuart Golant appeals a direct criminal contempt finding and $500 fine imposed during foreclosure proceedings. The Fourth District Court of Appeal reversed and remanded because the trial court failed to follow the procedural requirements of Florida Rule of Criminal Procedure 3.83
• MYD Marine Distrib., Inc. v. Int'l Paint Ltd.
  201 So. 3d 843· Fla. 4th DCA· 2016-10-19 ·cited 3×
  MYD Marine appeals an order assigning its interest in a pending lawsuit against Lauderdale Marine to judgment creditor Donovan Marine to satisfy an unsatisfied judgment debt. The court affirmed, holding that under Florida's supplementary proceedings statute, a pending lawsuit is
• Mathis v. State
  208 So. 3d 158· Fla. 5th DCA· 2016-10-14 ·cited 3×·via Abuse Of Discretion Standard For Evidentiary Rulings
  Kelly Mathis, an attorney who advised Allied Veterans on operating internet cafes, was convicted of RICO and gambling-related offenses. The Fifth District Court of Appeal reversed, holding that the trial court abused its discretion by excluding evidence of Mathis's legal research
• Palmer v. Palmer
  198 So. 3d 1035· Fla. 5th DCA· 2016-08-12 ·cited 3×
  Kenneth Palmer appeals a final judgment dissolving his marriage, challenging the trial court's requirement that he obtain life insurance as security for alimony obligations and the award of a website to his former wife. The appellate court finds the life insurance requirement lac
• Davis v. State
  198 So. 3d 995· Fla. 4th DCA· 2016-08-10 ·cited 3×
  Bernard Davis, an incarcerated pro se litigant, appealed a sanctions order barring him from filing further pro se pleadings. The trial court deemed his response to a show cause order untimely because the clerk did not receive it until after 30 days, though Davis had submitted it
• Grace v. State
  198 So. 3d 945· Fla. 4th DCA· 2016-08-03 ·cited 3×
  The appellate court reversed a trial court's order finding a probationer in violation of his probation for unsupervised contact with a minor. The court held that while there was evidence of contact, there was insufficient proof that the probationer knew the individual was under e
• Lawrence v. Nationstar Mortg., LLC
  197 So. 3d 150· Fla. 4th DCA· 2016-07-27 ·cited 3×
  A borrower appealed an order denying his motion to set aside a foreclosure sale, claiming the lender's bid was grossly inadequate and there was an irregularity in the sale process. The appellate court affirmed, holding that a trial court does not abuse its discretion in denying s
• Steele v. Pansy Brown
  197 So. 3d 106· Fla. 1st DCA· 2016-07-18 ·cited 3×
  Ernest Steele, as personal representative of his father's estate, appeals the trial court's order vacating a 2007 homestead determination that had been agreed upon by all beneficiaries. The court reverses, holding that Florida Rule of Civil Procedure 1.540 provides no basis for s
• McCRAY v. State
  199 So. 3d 1006· Fla. 4th DCA· 2016-06-29 ·cited 3×
  Moses McCray appeals his convictions for aggravated assault with a firearm on a law enforcement officer, aggravated assault with a deadly weapon on a law enforcement officer, and possession of a firearm by a convicted felon. The primary issue is whether the trial court erred in d
• Watson v. Stewart Tilghman FOX & Bianchi, P.A.
  195 So. 3d 1163· Fla. 4th DCA· 2016-06-29 ·cited 3×
  In this appellate decision, the Fourth District Court of Appeal clarified the law governing when trial courts may award attorney's fees under Florida Statute § 57.105 on their own initiative. The court held that a trial court does not abuse its discretion in awarding such fees on
• Daniela Floyd v. Bank OF Am., N.A.
  194 So. 3d 1071· Fla. 5th DCA· 2016-06-24 ·cited 3×·via Abuse Of Discretion Standard For Evidentiary Rulings
  Bank of America appealed a trial court's grant of summary judgment in its favor in a mortgage foreclosure action against Daniela Floyd. The Fifth District Court of Appeal reversed, finding genuine issues of material fact regarding Bank of America's standing to foreclose and the a
• Tr. Mortg., LLC v. Dina Ferlanti and Anthony Ferlanti
  193 So. 3d 997· Fla. 4th DCA· 2016-06-01 ·cited 3×
  Trust Mortgage, LLC brought a foreclosure action against Anthony and Dina Ferlanti, but only Dina signed the note and mortgage. After Anthony prevailed on summary judgment, the trial court awarded him sanctions under Florida Statute 57.105 for frivolous claims. The Fourth Distric
• Justo Ortiz Colon v. State
  191 So. 3d 985· Fla. 2d DCA· 2016-05-13 ·cited 3×
  The court held that the trial court abused its discretion in denying the defendant's motion for mistrial when the victim's mother vomited in front of the jury after being shown a graphic photograph.
• Woods v. Lloyds Asset Mgmt., LLC
  191 So. 3d 918· Fla. 4th DCA· 2016-05-04 ·cited 3×
  The court held that the trial court erred in dismissing the action for lack of prosecution because the appellant showed good cause due to an automatic bankruptcy stay and established record activity within the grace period.
• Fla. Laundry Servs., Inc. v. Sage Condo. Ass'n, Inc.
  193 So. 3d 68· Fla. 3d DCA· 2016-05-04 ·cited 3×·via Abuse Of Discretion Standard For Expert Testimony
  Florida Laundry Services appealed a trial court judgment finding that Sage Condominium Association was excused from performing a lease agreement under the doctrine of impracticability. The appellate court affirmed the judgment and the award of attorney's fees to Sage, rejecting a
• Maines v. FOX
  190 So. 3d 1135· Fla. 1st DCA· 2016-05-03 ·cited 3×
  In this motor vehicle accident case, the appellate court affirmed the jury verdict awarding damages to the plaintiff, finding no error in admitting testimony about the defendant's red light violation and determining that the trial court's limitation of the defense expert's causat
• Darroll E. Eveland, Jr. v. State
  189 So. 3d 990· Fla. 2d DCA· 2016-04-01 ·cited 3×
  Darroll Eveland appeals the revocation of his community control and resulting three-year prison sentence. The court reverses because the State relied solely on inadmissible hearsay evidence to prove violations, and there was no evidence the violations were willful or substantial.
• Blinn v. Fla. Power & Light Co.
  189 So. 3d 227· Fla. 2d DCA· 2016-03-16 ·cited 3×
  Robert Blinn appealed an award of attorney's fees to Florida Power & Light Company (FP&L) under section 57.105(1) after Blinn voluntarily dismissed his trespass and nuisance claims regarding eight electric meters on his home's exterior wall. The court reversed, holding that Blinn
• Chakaris Twine v. State
  188 So. 3d 44· Fla. 3d DCA· 2016-03-09 ·cited 3×
  The court held that while the sentence imposed for direct criminal contempt may have been excessive, it was lawful, and therefore the judgment and sentence are affirmed.
• Hernan Concepcion v. State
  188 So. 3d 5· Fla. 3d DCA· 2016-03-02 ·cited 3×·via Abuse Of Discretion Standard For Evidence Admission
  Hernán Concepcion appeals his convictions for lewd and lascivious molestation of a child under twelve, kidnapping of a child, and lewd and lascivious exhibition. He raises three claims: trial court abuse of discretion in limiting cross-examination of the victim's mother, improper
• Lenz v. State
  183 So. 3d 1239· Fla. 4th DCA· 2016-01-20 ·cited 3×
  The trial court abused its discretion by allowing the State to cross-examine the appellant about the victim's motive to lie and by admitting recordings of the appellant's jailhouse phone calls discussing defense counsel.
• Gormady v. State
  185 So. 3d 547· Fla. 2d DCA· 2016-01-20 ·cited 3×
  Gormady was convicted of firearm possession by a convicted felon, drug possession, and paraphernalia possession after contraband was found in a vehicle where he was a passenger. The appellate court reversed and remanded for a new trial because the trial court erred by allowing th