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

• Leta G. Middleton v. Hager
  179 So. 3d 529· Fla. 3d DCA· 2015-11-25 ·cited 3×
  Leta Middleton appeals the dismissal of her personal injury lawsuit arising from a 2011 motor vehicle accident. The trial court dismissed her complaint with prejudice based on fraud upon the court after finding that Middleton made multiple material false statements in discovery a
• Jules v. State
  178 So. 3d 475· Fla. 4th DCA· 2015-10-21 ·cited 3×
  Joel Jules appeals his conviction for two counts of robbery with a firearm and one count of assault, arguing the trial court erred in finding no discovery violation when the defense learned of money retrieved from his pocket during trial. The Fourth District Court of Appeal affir
• Soriano v. In re Est. OF Luis F. Manes
  177 So. 3d 677· Fla. 3d DCA· 2015-10-14 ·cited 3×
  Yvette Soriano appealed the denial of her petition to file a late claim against the estate of Luis F. Manes based on an alleged battery. The court affirmed, holding that Soriano was a conjectural creditor, not a reasonably ascertainable creditor entitled to personal service of no
• Harrison v. State
  172 So. 3d 1018· Fla. 1st DCA· 2015-09-11 ·cited 3×
  The Florida District Court of Appeal reversed John Edward Harrison's cocaine trafficking conviction, holding that the trial court abused its discretion by improperly restricting defense counsel's right to conduct individual voir dire questioning about the defendant's entrapment d
• Hooker v. Hooker
  174 So. 3d 507· Fla. 4th DCA· 2015-08-26 ·cited 3×
  In this Florida divorce case, the appellate court addressed whether a husband's properties purchased with separate pre-marital funds constituted interspousal gifts to the wife. The court reversed the trial court's finding that the husband gifted an interest in the Hooker Hollow p
• Voce v. Wachovia Mortg., FSB
  174 So. 3d 545· Fla. 4th DCA· 2015-08-26 ·cited 3×
  Pearl and Allan Voce appealed the trial court's denial of their motion to vacate a final foreclosure judgment for extrinsic fraud. The Fourth District Court of Appeal affirmed, holding that the motion was untimely filed nearly three years after judgment and, alternatively, lacked
• Garcia v. GEICO Gen. Ins. Co.
  807 F.3d 1228· 11th Cir.· 2015-08-19 ·cited 3×·via Abuse Of Discretion Standard For Evidentiary Rulings
  GEICO denied coverage for a vehicle collision based on lack of permission, and the district court improperly excluded evidence of prior judicial decisions and evolving Florida law regarding the implied consent doctrine when determining whether GEICO acted in bad faith. The Eleven
• Rodriguez v. State
  172 So. 3d 540· Fla. 5th DCA· 2015-08-14 ·cited 3×
  Jason Rodriguez was convicted of first-degree murder and five counts of attempted first-degree murder following a jury trial where he pleaded insanity. The Fifth District Court of Appeal reversed his convictions, holding that the trial court erred in instructing the jury on the i
• Wharen v. State
  170 So. 3d 942· Fla. 5th DCA· 2015-07-31 ·cited 3×
  The court held that a trial court abused its discretion by denying a petition for writ of mandamus without requiring the public defender to respond, as the petition established a prima facie case for free discovery materials prepared at public expense.
• J.J. v. State
  170 So. 3d 861· Fla. 3d DCA· 2015-07-15 ·cited 3×
  Direct testimony of events observed live via video feed, even if concurrently recorded, does not violate the best evidence rule when the recording itself is not introduced into evidence.
• Haywald v. Fougere
  164 So. 3d 786· Fla. 1st DCA· 2015-05-28 ·cited 3×
  It is an abuse of discretion to award attorneys' fees to one spouse where alimony and child support payments equalize the parties' relative financial abilities to pay.
• Kareem Daniel Farrell v. State
  186 So. 3d 1046· Fla. 4th DCA· 2015-05-13 ·cited 3×
  Appellant was convicted of aggravated child abuse for shaking his eight-month-old nephew, causing severe retinal bleeding and brain injuries. On appeal, appellant challenges the trial court's allowance of cross-examination regarding inconsistencies in his expert witness's curricu
• Jackson Padgett and Mark Negrete v. Kessinger
  190 So. 3d 105· Fla. 4th DCA· 2015-04-08 ·cited 3×
  In this breach of contract case involving the sale of a restaurant business, the appellate court held that buyers who prevailed on the seller's breach of contract claim were entitled to attorney's fees even though they lost their own fraudulent inducement counterclaim. The court
• U.S. Bank Nat'l Ass'n for Lehman Brothers-Structured Asset Inv. Loan Tr. Sail 2005-3 v. Farhood
  153 So. 3d 955· Fla. 1st DCA· 2014-12-16 ·cited 3×
  U.S. Bank appeals a trial court's decision imposing sanctions by declaring a condominium association's lien superior to the bank's mortgage lien based on alleged dilatory litigation tactics. The First District Court of Appeal reverses, holding that courts cannot use equitable pow
• HSBC Bank USA, N.A. v. Costel Serban
  148 So. 3d 1287· Fla. 1st DCA· 2014-10-23 ·cited 3×
  HSBC Bank appealed the trial court's denial of its motion for continuance and dismissal of a foreclosure action without prejudice due to HSBC's failure to produce a witness at trial. The appellate court affirmed, holding that the trial court did not commit legal error in proceedi
• Byers v. Brantley Dubose Byers
  149 So. 3d 161· Fla. 1st DCA· 2014-10-21 ·cited 3×
  The appellate court affirmed the trial court's final order of dissolution of marriage, finding no error in the adoption of a proposed order, the alimony award, or the distribution of marital assets.
• Beal v. Beal
  146 So. 3d 153· Fla. 5th DCA· 2014-09-05 ·cited 3×
  The trial court erred in awarding alimony that required the wife to use her equitable distribution assets for living expenses, and the attorney's fees award must be revisited on remand.
• Fritz Thermidor, Jr. v. State
  146 So. 3d 95· Fla. 5th DCA· 2014-08-28 ·cited 3×
  Fritz Thermidor Jr. petitioned for a writ of habeas corpus challenging the trial court's denial of bail on a robbery with a firearm charge. The appellate court granted the petition, finding that the State failed to establish that guilt was evident or the presumption was great, as
• Markel Latrae Bass v. State
  147 So. 3d 1033· Fla. 1st DCA· 2014-08-20 ·cited 3×·via Abuse Of Discretion Standard For Evidentiary Rulings
  A defendant's statements to his mother about a pending plea offer are admissible even if related to plea negotiations, because such statements were not made "in connection with" plea offers as contemplated by Florida Evidence Code § 90.410 when the defendant had no reasonable exp
• Phillips v. Garcia
  147 So. 3d 569· Fla. 3d DCA· 2014-08-13 ·cited 3×
  In this appeal of a section 57.105 sanctions dispute, the Third District Court of Appeal affirmed the trial court's denial of both Phillips's motion for attorney fees and Garcia/Pelier's cross-motion for fees. The court held that winning a summary judgment motion on immunity grou
• The Fla. Philharmonic Orchestra, Inc. v. Bradford
  145 So. 3d 892· Fla. 4th DCA· 2014-07-23 ·cited 3×
  Florida Philharmonic Orchestra appeals a trial court's order setting aside a settlement agreement and dismissal order based on fraud committed by Bradford's attorney, who settled the case for $280,000 without authorization despite Bradford's authority to settle for up to $900,000
• Panama City-Bay Cnty. Airport & Indus. Dist. v. Kellogg Brown & Root Servs., Inc.
  140 So. 3d 1112· Fla. 1st DCA· 2014-06-18 ·cited 3×
  The Panama City-Bay County Airport appealed a judgment in favor of KBR, arguing that the trial court improperly disclosed a settlement agreement between the Airport and co-defendant Phoenix to the jury, which KBR used to discredit the Airport's case. The court held that Florida l
• Citizens Prop. Ins. Corp. v. Magdiel Perez
  164 So. 3d 1· Fla. 4th DCA· 2014-06-18 ·cited 3×
  Citizens Property Insurance Corporation appeals a trial court's denial of attorney's fees following summary judgment in its favor on a homeowner's insurance claim. The Fourth District reversed, holding that the trial court applied an incorrect legal standard in determining whethe
• Rutan v. Rutan
  142 So. 3d 1· Fla. 2d DCA· 2014-04-04 ·cited 3×
  In this alimony appeal, the Florida Second District Court of Appeal reversed a permanent periodic alimony award of $1,800 per month because the trial court failed to make sufficient findings of fact regarding both parties' incomes and the Former Husband's ability to pay. The cour
• Gadison v. State
  158 So. 3d 615· Fla. 5th DCA· 2013-12-20 ·cited 3×
  The court held that the trial court abused its discretion in denying the motion for mistrial because the officer's comment on the defendant's silence was prejudicial and vitiated the trial.
• Murphy v. Murphy
  201 So. 3d 18· Fla. 3d DCA· 2013-11-06 ·cited 3×
  Nancy Murphy appeals a trial court order reducing her former husband's alimony obligation from $4,200 to $3,500 per month based on her involvement in a "supportive relationship" with her live-in boyfriend Mark Llerena under Florida Statute § 61.14(1)(b). The court affirmed, holdi
• Taurus L. Bryant v. State
  124 So. 3d 1012· Fla. 4th DCA· 2013-11-06 ·cited 3×
  Bryant was convicted of aggravated battery with a firearm and shooting into a structure based partly on testimony that a recorded jailhouse phone call originated from his housing unit. The court reversed and remanded for a new trial, finding that the detective's testimony identif
• Bethel v. State
  122 So. 3d 944· Fla. 4th DCA· 2013-10-09 ·cited 3×
  James Bethel was convicted of grand theft of a motor vehicle and burglary of a dwelling. On appeal, the court reversed his conviction and remanded for a new trial, holding that the trial court erred in denying Bethel's challenge for cause to a prospective juror who was an assista
• Bd. of Trs. of the Jacksonville Police & Fire Fund v. Kicklighter
  122 So. 3d 510· Fla. 1st DCA· 2013-10-07 ·cited 3×
  The court held that the trial court did not abuse its discretion in applying a 1.5 fee multiplier to appellate attorney's fees, and that the appellant waived the argument regarding entitlement to fees.
• Lampert-Sacher v. Sacher
  120 So. 3d 667· Fla. 1st DCA· 2013-09-12 ·cited 3×
  In this family law appeal, former wife Maxine Lampert-Sacher sought an emergency stay pending appeal of a supplemental final judgment modifying time-sharing arrangements for the parties' children. The appellate court denied the emergency motion, finding the appellant failed to de
• C.H. v. State
  116 So. 3d 629· Fla. 3d DCA· 2013-07-03 ·cited 3×
  C.H., a juvenile adjudicated delinquent of trespassing on school grounds while suspended, appeals the trial court's denial of his request to discharge court-appointed counsel. The court affirmed, holding that the trial court properly conducted a preliminary Nelson inquiry and rea
• Abel Martinez v. State
  125 So. 3d 985· Fla. 4th DCA· 2013-06-26 ·cited 3×·via Abuse Of Discretion Standard For Evidentiary Rulings
  The Florida Fourth District Court of Appeal reversed Abel Martinez's conviction for resisting an officer with violence, finding that the prosecution improperly questioned witnesses and made closing arguments about Martinez's retention of a civil attorney to sue the City of Pembro
• Lyle S. Saltzman, M.D., & Brevard Anesthesia Servs., P.A. v. Hadlock
  112 So. 3d 772· Fla. 5th DCA· 2013-05-17 ·cited 3×
  The court held that the use of the permissive term 'may' in the statute vests the trial court with discretion to award or deny attorney's fees.
• Rolon v. Burke
  112 So. 3d 118· Fla. 2d DCA· 2013-05-01 ·cited 3×·via Abuse Of Discretion Standard For New Trial Motions
  The appellate court affirmed the trial court's order granting a new trial but reversed the portion that expanded the new trial to issues not raised in the motion.
• M.N. v. Dep't of Child. & Families
  120 So. 3d 3· Fla. 1st DCA· 2012-11-20 ·cited 3×
  A Florida appellate court reversed a trial court's denial of a mother's petition for reunification with her dependent children, finding that the trial court abused its discretion by denying reunification based on insufficient evidence when the mother had substantially complied wi
• Amos v. Amos
  99 So. 3d 979· Fla. 1st DCA· 2012-10-03 ·cited 3×
  In a marital dissolution case, the Florida First District Court of Appeal held that trial courts may consider intentional dissipation of marital assets occurring more than two years before filing for divorce under the catchall provision of the equitable distribution statute, even
• Poupy P. Josecite and Darline Josecite v. Wachovia Mortg. Corp.
  97 So. 3d 265· Fla. 5th DCA· 2012-08-31 ·cited 3×
  The Josecites appealed the denial of their motion to vacate a foreclosure sale after they and Wachovia entered into a forbearance agreement requiring the foreclosure to be placed "on hold." The court reversed, holding that a foreclosure sale may be vacated on independent grounds
• Yelena N. Langdon v. Langdon
  96 So. 3d 1053· Fla. 1st DCA· 2012-08-29 ·cited 3×
  In a custody modification case, the Florida District Court of Appeal reversed the trial court's order that expanded the former husband's time-sharing with the parties' minor child, finding that the trial court lacked jurisdiction to modify the custody arrangement after granting t
• Bonhomme Beaussicot v. State
  95 So. 3d 472· Fla. 4th DCA· 2012-08-29 ·cited 3×
  Bonhomme Beaussicot was convicted of sexual battery with a deadly weapon and false imprisonment. The Florida appellate court reversed, holding that the trial court erred in admitting Williams rule evidence of a collateral crime (M.C. incident) because the incidents were not suffi
• Jones v. State
  95 So. 3d 426· Fla. 4th DCA· 2012-08-15 ·cited 3×
  Anthony Jones appeals his conviction for strong-arm robbery, arguing the trial court erred by allowing the lead detective to testify to her interpretation of his interrogation statements, suggesting he knew where the robbery occurred. The appellate court reversed, finding the det
• Azoulay v. Condo. Ass'n OF LA MER Ests., Inc.
  94 So. 3d 686· Fla. 4th DCA· 2012-08-15 ·cited 3×
  The appellate court affirmed the trial court's order granting remittitur, finding the record supported the conclusion that the evidence of non-economic damages was scant. The court also affirmed the denial of the appellee's motion for directed verdict.
• Rosalva Costa v. Aberle
  96 So. 3d 959· Fla. 4th DCA· 2012-08-01 ·cited 3×
  A plaintiff in a personal injury case arising from a motor vehicle accident appeals the trial court's order granting a new trial. The defendant's experts testified that the plaintiff's surgery was unnecessary and improper, and the court gave special jury instructions to counterac
• Mosley v. State
  91 So. 3d 928· Fla. 1st DCA· 2012-07-09 ·cited 3×
  The court held that the trial court committed reversible error by prohibiting defense counsel from proffering testimony regarding the victim's alleged drug use on cross-examination after the victim may have minimized his prior conviction.
• Banmah v. State
  87 So. 3d 101· Fla. 3d DCA· 2012-04-25 ·cited 3×
  Anthony Banmah was convicted by jury of two counts of first-degree murder and one count of armed robbery in connection with a flea market robbery that resulted in two deaths. He appealed his convictions and sentences, challenging the admission of substitute medical examiner testi
• Agate v. Clampitt
  80 So. 3d 450· Fla. 2d DCA· 2012-02-24 ·cited 3×·via Abuse Of Discretion Standard For Denying Leave To Amend
  The court held that the Statute of Frauds was inapplicable to at least one of the plaintiff's claims, and that the trial court erred in denying leave to amend the complaint to add a quantum meruit count.
• White v. State
  76 So. 3d 410· Fla. 1st DCA· 2012-01-06 ·cited 3×
  Stanley Lee White appeals the trial court's revocation of his probation for sex offenses, challenging findings that four incidental contacts with minors violated his probation condition prohibiting unsupervised contact with children. The appellate court found that two of the four
• Delbert G. Hall v. State
  72 So. 3d 290· Fla. 4th DCA· 2011-10-19 ·cited 3×
  Hall appeals the trial court's summary denial of his pro se motion to withdraw his guilty plea after sentencing. The court holds that Hall is entitled to a limited evidentiary hearing to determine whether an adversarial relationship with his attorney existed before the trial cour
• Ford v. State
  69 So. 3d 391· Fla. 2d DCA· 2011-09-16 ·cited 3×
  Harry Lynn Ford appeals the revocation of his community control and resulting five-year prison sentence. The appellate court reversed, finding insufficient evidence that Ford constructively possessed marijuana found in a car, recording studio, and apartment, and remanded for reco
• Freeman v. State
  74 So. 3d 123· Fla. 1st DCA· 2011-09-13 ·cited 3×
  The court held that the defendant opened the door to impeachment with prior felony convictions by eliciting testimony that he denied involvement in the charged offense, and the trial court did not abuse its discretion in admitting this evidence with a limiting instruction.
• Ring Power Corp. v. Rosier
  67 So. 3d 1115· Fla. 1st DCA· 2011-07-18 ·cited 3×
  Ring Power Corporation appealed an order granting a new trial in a negligence case where a jury had ruled in Ring Power's favor. The trial court found the verdict contrary to the manifest weight of the evidence and that defense counsel committed improper closing argument. The app