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

• Frisch's Rest., Inc. v. Shoney's Inc.
  759 F.2d 1253· 6th Cir.· 1985-04-25 ·cited 3×·via Abuse Of Discretion Standard On Appeal
  The court affirmed the denial of a preliminary injunction, finding that the plaintiff failed to demonstrate a likelihood of success on the merits of its Lanham Act claim.
• Verdegaal Bros., Inc. v. Union OIL Co. OF Cal.
  750 F.2d 947· Fed. Cir.· 1984-12-18 ·cited 3×
  The court held that the district court did not abuse its discretion in declining to exercise pendent jurisdiction over the state law unfair competition claim.
• United States v. Leone Bosurgi and Emilio Bosurgi as Executors of the Estate of Adriana Bosurgi
  750 F.2d 216· 2d Cir.· 1984-12-12 ·cited 3×
  The court held that the district court's award of an attorney's charging lien, including a multiplier for delay in payment, was not an abuse of discretion and affirmed the order.
• Sec. & Exch. Comm'n v. Wencke
  742 F.2d 1230· 9th Cir.· 1984-09-18 ·cited 3×
  The court held that the district court abused its discretion by refusing to lift the stay, as the timing and injury factors weighed in favor of the appellants and the court improperly ruled on the merits of their claims.
• United States v. Lingo
  740 F.2d 667· 8th Cir.· 1984-08-13 ·cited 3×·via Abuse Of Discretion Standard For Continuance
  The court held that the trial court did not abuse its discretion in denying the motion for continuance and that the appellant was not subjected to double jeopardy.
• Verret v. Elliot Equip. Corp.
  734 F.2d 235· 5th Cir.· 1984-06-14 ·cited 3×
  The court held that the district court did not abuse its discretion in denying a Rule 60(b) motion to vacate a dismissal for lack of subject matter jurisdiction, as there was no evidence of an agreement between counsel and a dismissal for lack of jurisdiction is not a dismissal w
• Erie Winds v. Crab POT Oceanside, Inc.
  449 So. 2d 426· Fla. 4th DCA· 1984-05-09 ·cited 3×
  The court held that the trial court did not abuse its discretion in striking the appellants' pleadings and entering defaults as sanctions for procedural violations.
• Edward J. Murty (Jr.) v. Off. OF Pers. Mgmt.
  707 F.2d 815· 4th Cir.· 1983-05-23 ·cited 3×
  The court held that the district court did not abuse its discretion in denying attorney fees to a plaintiff who substantially prevailed under the Freedom of Information Act, as the plaintiff could have resolved the issue with a simple phone call.
• United States v. Latner
  702 F.2d 947· 11th Cir.· 1983-04-14 ·cited 3×
  The court held that there was sufficient evidence to support the conviction and that the trial judge did not abuse discretion in sentencing without a presentence report.
• Lindsey v. Johnson
  415 So. 2d 778· Fla. 1st DCA· 1982-05-28 ·cited 3×·via Abuse Of Discretion Standard For New Trial Motions
  In this motor vehicle accident case, a jury returned a verdict for the defendants after a trial involving conflicting evidence about speeding and passing in a no-passing zone. The trial court granted the plaintiffs' motion for a new trial, but the appellate court reversed, findin
• United Coin Meter Co. OF Fla., Inc. v. Commercial Laundries, Inc.
  408 So. 2d 1067· Fla. 3d DCA· 1982-01-05 ·cited 3×
  The court affirmed a temporary injunction restraining interference with appellee's laundry operations but reversed the portion requiring a compulsory cross-claim as overly broad and contrary to Florida Rule of Civil Procedure 1.170(g).
• Corte v. Dep't OF Admin.
  386 So. 2d 875· Fla. 1st DCA· 1980-08-15 ·cited 3×
  Robert Corte, a career service employee, was discharged by the Department of Environmental Regulation but was reinstated by the Career Service Commission. The court affirmed the Commission's denial of back pay from the period between his discharge and reinstatement, holding that
• Whipple Van Ness Jones, Jr. v. Cockayne
  380 So. 2d 1081· Fla. 1st DCA· 1980-02-18 ·cited 3×
• Mays v. Estelle
  610 F.2d 296· 5th Cir.· 1980-01-23 ·cited 3×
  The court held that the petitioner's trial counsel was not ineffective for failing to object to the petitioner being shackled during trial, as the decision to shackle was a reasonable exercise of the trial court's discretion based on evidence of the petitioner's violent propensit
• Maunell Stewart Suarez v. Suarez
  373 So. 2d 716· Fla. 2d DCA· 1979-08-03 ·cited 3×
  Florida appellate court affirmed termination of alimony but reversed denial of attorney's fees to wife, holding that trial court abused its discretion by failing to award fees where husband had superior financial resources and initiated the modification proceedings.
• United States v. Augustus Frank Adamson
  592 F.2d 907· 5th Cir.· 1979-04-09 ·cited 3×
  The court held that the trial court did not abuse its discretion in denying the motion for a new trial based on newly discovered evidence.
• In re Ga. Paneling Supply, Inc. v. Pennington
  581 F.2d 520· 5th Cir.· 1978-10-05 ·cited 3×
  The court held that petitioners failed to demonstrate a compelling reason or likelihood of success to warrant granting leave to appeal the denial of their motion for a new trial.
• Venusa Exp. & Imp. Inc. v. Cavico Alamo Aircraft Sales, Inc.
  361 So. 2d 820· Fla. 4th DCA· 1978-08-09 ·cited 3×
• COX v. State
  354 So. 2d 957· Fla. 3d DCA· 1978-02-07 ·cited 3×·via Abuse Of Discretion Standard For Continuance
  Robert Cox appealed the revocation of his probation, arguing that his right to effective assistance of counsel was violated when his appointed public defender was changed one day before the revocation hearing without adequate preparation time. The Florida District Court of Appeal
• Nola Ann Johnson v. Johnson
  293 So. 2d 770· Fla. 1st DCA· 1974-05-02 ·cited 3×
• Greenberg v. Gay A. Greenberg
  289 So. 2d 439· Fla. 3d DCA· 1974-02-12 ·cited 3×
• Lome A. Cameron, Jr. v. William Roemelmeyer IN Bankr. FOR Tamarac Golf Club, Inc.
  389 F.2d 599· 5th Cir.· 1968-01-26 ·cited 3×
  The court held that the bankruptcy court's approval of a compromise sale was not an abuse of discretion, as the notice was adequate and the trustee met the burden of proof.
• Marlin v. Marlin
  192 So. 2d 778· Fla. 3d DCA· 1966-11-29 ·cited 3×
  The appellate court affirmed a divorce decree's attorney's fee award because the appellant failed to provide a complete record of the evidence presented to the lower court regarding his financial ability to pay.
• State v. TAX Assessor
  26 Fla. Supp. 104· Collier Cty. Cir. Ct.· 1966-03-18 ·cited 3×·via Gross Abuse Of Discretion
  The court held that the tax assessor's valuations were not a gross abuse of discretion, despite some variances, and thus the alternative writ of mandamus should be quashed.
• Jensen v. Hoofe
  155 So. 2d 847· Fla. 3d DCA· 1963-08-20 ·cited 3×
  In this breach of contract case involving corporate stock, the Florida District Court of Appeal reversed a trial court judgment and remanded for a new trial on damages, holding that despite a valid default judgment, the defendants were entitled to present evidence on the issue of
• Fla. Dairy, Inc. v. Fla. Milk Comm'n
  149 So. 2d 867· Fla. 1st DCA· 1963-02-14 ·cited 3×
  Florida Dairy, Inc. sought to terminate its relationships with milk producers to become a producer-distributor, but the Florida Milk Commission denied the request. The court upheld the Commission's decision, finding that the desire for cheaper production costs alone does not cons
• McDONNEL v. United States
  D.D.C.· 1946-05-08 ·cited 3×·via Abuse Of Discretion Standard On Appeal
  The court held that the trial court did not abuse its discretion in denying the motion for a new trial based on newly discovered evidence.
• Perry v. Monarch Orange Co.
  142 Fla. 176· Fla.· 1940-03-01 ·cited 3×·via Abuse Of Discretion Standard For Injunctions
  Monarch Orange Company sought to enjoin County Commissioner George Perry from destroying cattle gaps and gates on roads crossing the company's pastureland in Sumter County. The Florida Supreme Court affirmed the injunction, holding that Perry's authority as a county commissioner
• Olin Grantham v. State
  139 Fla. 129· Fla.· 1939-07-07 ·cited 3×·via Abuse Of Discretion Standard For Continuance
  Olin Grantham was convicted of assault with intent to commit manslaughter after being indicted for assault with intent to commit murder. The Florida Supreme Court affirmed the conviction, rejecting claims that the trial court erred in denying a continuance, admitting evidence of
• Suttles v. Fla. Real Est. Comm'n Ex Rel. N. B. O'Kelley, Jr.
  139 Fla. 210· Fla.· 1939-07-07 ·cited 3×
  The Florida Supreme Court reviewed an appeal concerning the suspension of a real estate broker's license. While affirming the lower court's findings of fact regarding violations, the court reduced the suspension period due to the broker's long and unblemished record.
• Liquidation of Dade Cnty. Sec. Co.
  112 Fla. 444· Fla.· 1933-10-26 ·cited 3×
  The Florida Supreme Court upheld the Circuit Court's approval of the State Comptroller's appointment of a liquidator for Dade County Security Company, a building and loan association. The court rejected the company's argument that the statute authorizing the liquidation should be
• Hardy Wallace v. Wallace
  Fla. 3d DCA· 2026-05-06 ·cited 2×
  Without a transcript of the trial court hearing, an appellant challenging a guardianship termination fails to meet the substantial burden required to overcome the presumption that the trial court's ruling is correct.
• Cesia v. Munoz Bonilla v. Hector A. Izaguirre Sosa
  Fla. 3d DCA· 2026-03-25 ·cited 2×
  A contempt judgment will not be overturned on appeal unless the trial court abused its discretion or departed so substantially from the essential requirements of law as to have committed fundamental error.
• Pantoja v. Francis
  431 So. 3d 593· Fla. 3d DCA· 2026-03-18 ·cited 2×
  Noel Pantoja appeals the denial of his motion to dissolve a permanent injunction for protection against repeat violence issued in favor of Bethany Francis. The Third District Court of Appeal affirmed, holding that without a hearing transcript, Pantoja failed to meet his burden of
• Mathieu v. Dep't of Revenue
  Fla. 3d DCA· 2026-03-04 ·cited 2×
  Jean Max Mathieu appeals a trial court's ratification of a general magistrate's order imposing a lien on his personal injury claim to secure retroactive child support. The Third District Court of Appeal affirms the child support award but reverses the lien, holding that a lien ca
• Yoandra Mendoza v. Kendall Park Plaza, Ltd.
  429 So. 3d 1082· Fla. 3d DCA· 2026-02-18 ·cited 2×
  Yoandra Mendoza appeals the denial of her motion to intervene in post-judgment execution proceedings involving her homestead property. The court reversed, holding that Mendoza demonstrated a sufficient interest in the property to warrant intervention, particularly given her claim
• Bartley Invs., Ltd. v. Menendez
  427 So. 3d 92· Fla. 2d DCA· 2025-12-19 ·cited 2×
  A property owner owes a duty to third parties to prevent or correct a known dangerous condition on its property when the owner has the means to do so, even if the resulting injury occurs off-premises, provided the defendant's conduct created a foreseeable zone of risk. Foreseeabi
• Randolph v. State of Fla. & Richard Barry Randolph v. Sec'y
  403 So. 3d 206· Fla.· 2025-11-13 ·cited 2×
  Richard Barry Randolph was convicted and sentenced to death in 1988 for the brutal murder of a convenience store manager. Following issuance of a death warrant with an execution date of November 20, 2025, Randolph filed his fourth successive postconviction motion raising three cl
• Universal Prop. & Cas. Ins. Co. v. Calitza Diaz-Torres
  422 So. 3d 212· Fla. 3d DCA· 2025-10-01 ·cited 2×
  A trial court abuses its discretion by denying remittitur when a jury verdict exceeds the amount supported by competent evidence. Here, the jury's $225,000 award was excessive because the only admissible damage estimates totaled $70,207.06, and the public adjuster's higher estima
• Aquastar Holdings LLC v. Avant Design Grp., Inc.
  421 So. 3d 767· Fla. 3d DCA· 2025-09-17 ·cited 2×·via Abuse Of Discretion Standard For Fee Awards
  Where attorney's work on behalf of a successful party is inextricably intertwined with work on behalf of an unsuccessful party and involves a common core of facts, the trial court may award the full amount of attorney's fees without allocating between successful and unsuccessful
• Susanna Alan v. West
  420 So. 3d 566· Fla. 3d DCA· 2025-09-10 ·cited 2×
  A trial court's modification of timesharing, parental responsibility, and child support is affirmed when supported by competent substantial evidence, and no due process violation occurs when an unpleaded issue is tried by implied consent.
• Wallace v. Wallace
  418 So. 3d 148· Fla. 4th DCA· 2025-07-23 ·cited 2×
  A trial court must consider evidence of domestic violence and the statutory rebuttable presumption of detriment when awarding shared parental responsibility and timesharing, and failure to do so constitutes reversible error requiring a new parenting plan. An alimony award must be
• Smith v. State
  415 So. 3d 278· Fla. 6th DCA· 2025-06-27 ·cited 2×·via Abuse Of Discretion Standard For Jury Instructions
  A defendant is entitled to a jury instruction on self-defense if there is any evidence to support it, no matter how weak, and the trial court must not weigh evidence or make factual determinations when deciding whether to give the instruction. A prior threat made to a defendant b
• Brita v. Citizens Prop. Ins. Corp.
  415 So. 3d 252· Fla. 2d DCA· 2025-06-18 ·cited 2×·via Abuse Of Discretion Standard For Evidentiary Rulings
  When an insurer completely denies coverage under a replacement-cost policy and is sued for breach of contract, the payment-splitting provision in the policy and § 627.7011(3)(a)—which permits initial payment of only actual cash value with the remainder withheld until work is perf
• Miller v. Janay Conney
  413 So. 3d 306· Fla. 1st DCA· 2025-06-18 ·cited 2×·via Abuse Of Discretion Standard For Evidentiary Rulings
  The trial court abused its discretion by admitting the RFA cost estimate and Dr. Saatman's corresponding testimony regarding future medical expenses because the estimate was new evidence disclosed mid-trial after discovery had closed, constituting surprise and trial by ambush und
• Universal Prop. & Cas. Ins. Co. v. West Naze
  417 So. 3d 313· Fla. 4th DCA· 2025-06-04 ·cited 2×
  Claims handling evidence regarding an insurer's delay, failure to assign an adjuster, and slow investigation is irrelevant and inadmissible in a breach of contract action when the insured has not alleged bad faith or poor claims handling, because such evidence improperly suggests
• Yinger v. State
  409 So. 3d 201· Fla. 1st DCA· 2025-04-30 ·cited 2×·via Abuse Of Discretion Standard For Evidentiary Rulings
  Manual strangulation, combined with blunt-force injuries and evidence of repositioning and continued lethal force after the victim lost consciousness, provides sufficient evidence of premeditation under the Bush standard for sufficiency-of-the-evidence review.
• Lett v. Lett
  408 So. 3d 167· Fla. 5th DCA· 2025-04-04 ·cited 2×
  A trial court may award attorney's fees under Florida Statute § 61.13(4)(c)2 for a parent's unjustified interference with timesharing without applying the need-and-ability-to-pay analysis of § 61.16(1). However, a trial court violates due process by imposing a remedy, such as a p
• Martinez v. City of Miami
  49 Fla. L. Weekly D2385· Fla. 3d DCA· 2025-02-26 ·cited 2×
  A party must raise any challenge to the trial court's failure to make required findings of fact in a motion for rehearing to preserve the issue for appeal.
• Buckley v. Rubino
  406 So. 3d 968· Fla. 3d DCA· 2025-02-19 ·cited 2×
  Buckley appeals a final order dismissing his civil complaint against Rubino with prejudice for willful failure to comply with court orders requiring amendment of his complaint. The court affirmed the dismissal, holding that the trial court did not abuse its discretion in dismissi