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

• Durse v. Henn
  68 So. 3d 271· Fla. 4th DCA· 2011-07-06 ·cited 3×
  George Durse appeals a jury verdict finding Janice Henn not liable for injuries sustained in a car accident. The Fourth District Court of Appeal reversed, holding that the trial court erred by allowing a police officer to testify about causation based on witness statements (viola
• Maynoldi v. Archbishop Coleman F. Carroll High Sch., Inc.
  62 So. 3d 1149· Fla. 3d DCA· 2011-05-25 ·cited 3×
  The appellate court affirmed the trial court's denial of attorneys' fees and costs. The Maynoldis sought these fees under Rule 1.380(c) because the defendants allegedly denied requests for admission without good reason, even though the defendants ultimately prevailed on the main
• Kadeem Quaishawn Hart v. State
  70 So. 3d 615· Fla. 1st DCA· 2011-05-13 ·cited 3×
  The Florida appellate court reversed Hart's convictions for sexual battery, kidnapping, robbery, and carjacking from two separate incidents occurring on the same evening, holding that the trial court abused its discretion in joining the cases for a single trial under Florida Rule
• McKAY v. State
  61 So. 3d 1178· Fla. 3d DCA· 2011-04-20 ·cited 3×
  Terrell McKay appeals his cocaine distribution conviction, arguing the trial court abused its discretion by denying his motion to strike a prospective juror for cause. The court reverses, finding that the juror's statements expressing a willingness to convict if the defendant did
• Jones v. State
  58 So. 3d 922· Fla. 5th DCA· 2011-04-08 ·cited 3×
  A trial court abuses its discretion in denying a motion for continuance when the defendant's newly appointed counsel receives the case the day of trial, has insufficient time to prepare, has not interviewed the victim who is the prosecution's key witness, and the defendant faces
• Parrish v. City OF Orlando
  53 So. 3d 1199· Fla. 5th DCA· 2011-02-11 ·cited 3×
  Patricia Parrish appeals the denial of her motion for additur and new trial after a jury awarded her substantial past and future economic damages but zero noneconomic damages for a serious shoulder injury caused by a fall on a City-maintained sidewalk. The appellate court reverse
• Barrington Levy v. State
  50 So. 3d 1218· Fla. 4th DCA· 2010-12-29 ·cited 3×
  The court held that the trial court did not abuse its discretion in denying the motion to strike a prospective juror for cause, as the juror's responses did not raise a reasonable doubt as to his impartiality.
• Miami-Dade Cnty. v. Wilson
  44 So. 3d 1266· Fla. 3d DCA· 2010-10-06 ·cited 3×
  Miami-Dade County appealed a trial court's temporary injunction ordering restoration of power to Wilson's nightclub property. The appellate court reversed, holding that Wilson failed to exhaust administrative remedies and received adequate notice of the administrative hearing des
• Wilson v. State
  45 So. 3d 514· Fla. 4th DCA· 2010-09-22 ·cited 3×
  The Florida Fourth District Court of Appeal affirmed the trial court's exclusion of a witness's prior testimony, holding that the defendant failed to demonstrate the witness was unavailable under the hearsay exception because he did not exercise due diligence in securing the witn
• Epolito v. Prudential Ins. Co. of Am.
  737 F. Supp. 2d 1364· M.D. Fla.· 2010-09-02 ·cited 3×
  The court held that the plan's definition of 'Employer' encompassed Unitrin and its affiliates, meaning pension benefits accrued under a former owner were deductible. The court adopted Florida's contract interpretation rules and the doctrine of contra proferentem for ERISA cases.
• Clark v. State
  41 So. 3d 1052· Fla. 3d DCA· 2010-08-11 ·cited 3×
  Marvin Clark appeals his civil commitment as a sexually violent predator under Florida's Jimmy Ryce Act following a bench trial. The court affirmed the commitment, rejecting Clark's challenges to the admission of police reports documenting behavior after his release and a psychol
• Zachariah Delatorre v. State
  45 So. 3d 817· Fla. 3d DCA· 2010-08-11 ·cited 3×
  Zachariah DeLaTorre appeals his conviction for sexual battery and attempted sexual battery, challenging the trial court's admission of evidence that he had sexually assaulted his younger sister two decades earlier. The Florida appellate court affirmed the conviction, holding that
• Fratcher v. State
  37 So. 3d 365· Fla. 4th DCA· 2010-05-26 ·cited 3×
  Robert Fratcher appeals his conviction for burglary of a dwelling with assault or battery, challenging the prosecutor's opening statement comments about his refusal to consent to a vehicle search. The appellate court held that while the trial judge abused its discretion in overru
• Harris v. State
  34 So. 3d 187· Fla. 1st DCA· 2010-05-06 ·cited 3×
  Dorothy Harris was convicted of conspiracy to possess hydrocodone based primarily on her brother's testimony. The appellate court reversed and remanded for a new trial, finding the trial court committed reversible error by admitting testimony about Harris's outstanding warrant fo
• Razuri v. State
  126 So. 3d 261· Fla. 3d DCA· 2010-04-21 ·cited 3×
  The court held that the trial court did not abuse its discretion by failing to conduct a competency hearing, but a nunc pro tunc order finding competency is required.
• Arrieta-Rolon v. State
  36 So. 3d 124· Fla. 4th DCA· 2010-04-21 ·cited 3×
  Juan Arrieta-Rolon was convicted of first-degree murder for fatally shooting his girlfriend. The appellate court agreed that the trial court erred in admitting a witness's statements to police as excited utterances, but affirmed the conviction because the statements were harmless
• Kelsey v. Metro Constr.
  31 So. 3d 252· Fla. 3d DCA· 2010-03-24 ·cited 3×
  The court held that the plaintiff, having prevailed on the significant issues and defeated all claims, was entitled to attorney's fees as previously established by prior court orders.
• Ruff v. State
  31 So. 3d 833· Fla. 4th DCA· 2010-02-17 ·cited 3×
  Alan Ruff was convicted of first-degree murder of his ex-girlfriend Traci Cooper after a sixth trial. The Fourth District Court of Appeal reversed and remanded for a new trial, finding that the trial court abused its discretion by permitting the prosecution to call Ruff's ex-wife
• U.S. Bank Nat'l Ass'n v. Taylor
  30 So. 3d 530· Fla. 3d DCA· 2010-02-10 ·cited 3×
  U.S. Bank, as holder of a first mortgage, obtained a foreclosure judgment and purchased the property at sale. The trial court improperly granted a post-judgment motion to intervene by Northview, which held only a second mortgage but claimed title based on erroneous book and page
• Verkruysse v. Fla. Carpenters Reg'l Council & Ulico Cas. Co.
  27 So. 3d 157· Fla. 1st DCA· 2010-01-29 ·cited 3×
  The appellate court affirmed the Judge of Compensation Claims' dismissal of the claimant's petition for benefits, finding the dismissal was proper on both procedural and substantive grounds.
• Palm Beach Polo, Inc. v. TJ Palm Beach Assocs., L.P.
  21 So. 3d 183· Fla. 4th DCA· 2009-11-25 ·cited 3×·via Abuse Of Discretion Standard For Costs
  Palm Beach Polo appeals from an order awarding attorney's fees and costs to the defendants following a summary judgment victory. The court reversed in part due to the trial court's failure to make express written findings regarding hours expended by attorneys, but affirmed the co
• Blake v. State
  21 So. 3d 129· Fla. 3d DCA· 2009-11-04 ·cited 3×
  The court held that the trial court did not abuse its discretion in revoking probation based on the evidence presented, but that the grand theft charge could not independently sustain the revocation.
• DYE v. DYE
  17 So. 3d 1278· Fla. 2d DCA· 2009-10-02 ·cited 3×
  In this dissolution of marriage appeal, the former husband challenges the trial court's valuation of his accrued sick leave and unused vacation time as marital assets subject to equitable distribution. The appellate court affirms the award of permanent alimony and most asset valu
• Joses Marshall Laurore v. Miami Auto. Retail, Inc.
  16 So. 3d 862· Fla. 3d DCA· 2009-06-10 ·cited 3×
  The appellate court reversed a trial court's dismissal of a negligence action, finding that while some of the plaintiff's damage claims might be struck due to his fraudulent statements, the entire case should not have been dismissed. The court emphasized that dismissal for fraud
• Daniels v. State
  4 So. 3d 745· Fla. 2d DCA· 2009-03-04 ·cited 3×
  Edward Daniels was convicted of capital sexual battery of a six-year-old child based primarily on the child's testimony and expert opinion evidence from a medical examiner. The court reversed his conviction and life sentence, finding that the trial court abused its discretion in
• Yanelys Martinez v. Martinez
  995 So. 2d 1091· Fla. 3d DCA· 2008-11-26 ·cited 3×
  In this family law appeal, the Third District Court of Appeal affirmed the trial court's award of sole custody to the wife but reversed multiple financial determinations, including child support, health insurance, alimony, and attorney's fees, finding the trial court abused its d
• Embleton v. Senatus
  993 So. 2d 593· Fla. 4th DCA· 2008-10-29 ·cited 3×
  The Embletons appealed a jury verdict in their favor in an automobile collision lawsuit, challenging the trial court's denial of a for-cause challenge to a prospective juror who expressed general skepticism about large personal injury verdicts. The appellate court affirmed, holdi
• McLEOD v. McLEOD
  989 So. 2d 1255· Fla. 1st DCA· 2008-09-11 ·cited 3×
  The former wife appeals a final judgment dissolving the marriage and distributing assets, including an alimony award. The court reversed the alimony award because the trial court imputed investment income based on an unsupported assumption about IRA returns, but affirmed the diss
• Martland v. Arabia
  987 So. 2d 118· Fla. 4th DCA· 2008-07-02 ·cited 3×
  Trial courts must consider the overall financial circumstances of both parties before departing downward from statutory child support guidelines; a downward departure based solely on the non-custodial parent's financial hardship, without regard to the custodial parent's worse fin
• E.S. v. Fla. Dep't of Child. & Families
  984 So. 2d 647· Fla. 1st DCA· 2008-06-24 ·cited 3×
  The court held that the trial court erred in adjudicating the child dependent based on one incident of corporal punishment and insufficient evidence of neglect, and that the Department failed to establish a nexus between the prior circumstances and the treatment of the subject ch
• Muth v. AIU Ins. Co.
  982 So. 2d 749· Fla. 4th DCA· 2008-06-04 ·cited 3×
  Virginia Muth appealed a summary judgment dismissing her underinsured motorist claim after she settled with one tortfeasor without notifying or obtaining consent from her underinsured motorist carrier, AIU Insurance Company. The court affirmed, holding that Muth's violation of Fl
• Liberty Transp., LLC v. Banyan AIR Servs., Inc.
  982 So. 2d 1231· Fla. 4th DCA· 2008-05-28 ·cited 3×
  Liberty Transportation appealed a trial court's denial of its motion to amend its counterclaim to add claims for fraudulent lien, disparagement of title, and setoff shortly before trial. The court affirmed, holding that the denial of a motion to amend a compulsory counterclaim is
• H & F Tires, L.P. v. D. Gladis Co., Inc.
  981 So. 2d 647· Fla. 4th DCA· 2008-05-21 ·cited 3×
  H & F Tires appeals a trial court order denying its motion to vacate a default judgment entered due to improper service of process. The Fourth District Court of Appeal reversed, finding that service on a tire store manager was improper under Florida's service of process statutes
• BRICEÑO v. Bryden Invs., Ltd.
  973 So. 2d 614· Fla. 3d DCA· 2008-01-23 ·cited 3×·via Abuse Of Discretion Standard For Injunctions
  Briceño appeals the denial of his motion for a temporary injunction to preserve accrued interest on funds he claims are subject to a constructive trust. The court affirms, holding that the res of an alleged constructive trust is limited to the principal funds, not accrued interes
• Saenz v. Patco Transp., Inc.
  969 So. 2d 1145· Fla. 5th DCA· 2007-11-16 ·cited 3×
  Trial court properly dismissed plaintiff's personal injury action with prejudice for fraud on the court based on repeated concealment of material facts during discovery, as the conduct met the standard for dismissal within the trial court's discretion.
• Pintado v. State
  970 So. 2d 857· Fla. 3d DCA· 2007-11-14 ·cited 3×
  Raul Pintado appeals the revocation of his probation for alleged violations including stabbing his girlfriend and driving a stolen truck. The trial court excluded defense witnesses listed on the day of the hearing due to a discovery violation, and Pintado challenges this as a vio
• Wynelle L. Sebree v. Schantz
  963 So. 2d 842· Fla. 3d DCA· 2007-08-08 ·cited 3×
  A law firm sued its former client for unpaid attorney fees, obtained a default judgment in 1998, but that judgment was vacated by agreed order in 1999. After nearly four years of complete inactivity, the law firm sought to revive the case in 2003. The appellate court reversed the
• Marco v. Marco
  961 So. 2d 967· Fla. 4th DCA· 2007-04-25 ·cited 3×
  The appellate court affirmed a trial court's decision to modify child custody, awarding primary residential custody to the father. The court found that the mother's failure to provide adequate medical care and her frequent moves constituted a substantial change in circumstances w
• Toliver v. State
  953 So. 2d 713· Fla. 1st DCA· 2007-04-09 ·cited 3×
  Jimmy Toliver appealed his second-degree murder conviction, raising four issues including claims regarding alleged revelation of his criminal record, admission of crime scene photographs, denial of a motion for judgment of acquittal, and denial of a motion for new trial. The Flor
• Gulf Indus., Inc. v. Jayachandran Nair
  953 So. 2d 590· Fla. 4th DCA· 2007-03-07 ·cited 3×
  Gulf Industries appeals a jury verdict awarding $4.2 million in damages to the Nairs for injuries sustained in a motor vehicle accident. The Fourth District affirms, rejecting Gulf's challenges to a high-low settlement agreement between the Nairs and Travelers and to the trial co
• Small v. Darlanne Fluegel-Small
  943 So. 2d 897· Fla. 5th DCA· 2006-12-01 ·cited 3×
  The appellate court affirmed the trial court's non-final order temporarily granting sole parental responsibility and limiting visitation, finding no abuse of discretion.
• Vavrus v. City OF Palm Beach Gardens
  927 So. 2d 992· Fla. 4th DCA· 2006-04-05 ·cited 3×
  The court affirmed the trial court's judgment in favor of the City on all of Vavrus' claims and also affirmed the denial of the City's claim for a permanent injunction.
• Jodhi Valliappan v. Cruz
  917 So. 2d 257· Fla. 4th DCA· 2005-12-14 ·cited 3×
  Valliappan appeals a $150,000 judgment for conspiring with his wife to defraud his friend Cruz by falsely claiming to invest the money in an aviation parts business deal while actually using it for other purposes. The court affirms, finding sufficient evidence of conspiracy to de
• A.K. v. State
  898 So. 2d 1112· Fla. 4th DCA· 2005-03-30 ·cited 3×·via Abuse Of Discretion Standard For Evidence Admission
  A.K., a juvenile, was adjudicated delinquent for battery on an elderly crossing guard after a street altercation. The appellate court affirmed, holding that the trial court's admission of reputation evidence regarding A.K.'s character as a bully constituted error, but the error w
• Rushing v. Caribbean Food Prods.
  870 So. 2d 953· Fla. 1st DCA· 2004-04-26 ·cited 3×
  Rushing appeals a trial court's award of attorney's fees to Caribbean Food Products after Rushing voluntarily dismissed her third-party indemnity complaint. The appellate court affirmed, holding that a defendant becomes the prevailing party entitled to attorney's fees under a lea
• Deluca v. Hislop
  868 So. 2d 1254· Fla. 4th DCA· 2004-03-24 ·cited 3×
  DeLuca filed a declaratory judgment action in Florida against his former investment advisor Hislop, seeking to determine the amount owed for advisory services. The court affirmed dismissal on forum non conveniens grounds, finding Connecticut the more appropriate forum despite DeL
• Mullis v. State
  864 So. 2d 1246· Fla. 5th DCA· 2004-01-30 ·cited 3×
  Donald Mullis appealed the denial of his post-conviction motion for relief based on newly discovered evidence, claiming the trial court erred in denying him appointed counsel and in rejecting his claim that a newly discovered witness's testimony would have produced an acquittal.
• Sandi M. Newman v. State Farm Mut. Auto. Ins. Co.
  858 So. 2d 1205· Fla. 4th DCA· 2003-11-12 ·cited 3×
  A trial court abuses its discretion in denying a motion to amend a complaint close to trial when the amendment introduces only an alternative theory of an existing claim of which the opposing party is already aware from discovery and requires no additional preparation.
• Bowen v. State
  868 So. 2d 541· Fla. 2d DCA· 2003-09-10 ·cited 3×·via Abuse Of Discretion Standard For Evidentiary Rulings
  Bernice Bowen appeals her convictions for accessory after the fact to escape and first-degree murder of two police officers following retrial after a previous reversal. The court affirms her convictions and sentence, finding sufficient evidence of all elements of the accessory af
• State v. Gerry
  855 So. 2d 157· Fla. 5th DCA· 2003-08-22 ·cited 3×
  The State of Florida sought certiorari review of a trial court order excluding the testimony of a nurse practitioner who conducted sexual abuse examinations of three child victims in a case charging Raymond Gerry with multiple sexual offenses. The Florida appellate court granted