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

• A.B. v. Dep't of Child. & Families
  291 So. 3d 161· Fla. 5th DCA· 2020-02-04 ·cited 2×
  The court held that the trial court did not abuse its discretion in denying the mother's motion to set aside the termination of her parental rights, as she failed to demonstrate a meritorious defense.
• Williams v. Celesta Jones
  290 So. 3d 609· Fla. 1st DCA· 2020-02-03 ·cited 2×
  The appellate court affirmed the trial court's award of permanent alimony but reversed the order for the husband to pay half of the wife's attorney's fees. The court found the marriage was long-term and the wife's health precluded employment, justifying permanent alimony, but rev
• Orange Cnty. v. Jagger S. Ferguson
  290 So. 3d 1031· Fla. 5th DCA· 2020-01-31 ·cited 2×·via Abuse Of Discretion Standard For New Trial Motions
  A trial court errs in granting a directed verdict when the jury could properly conclude that negligence was not a legal cause of the plaintiff's damages, and errs in granting a new trial based on unpreserved attorney misconduct without first applying the Murphy fundamental error
• Clark v. Meizlik
  289 So. 3d 983· Fla. 4th DCA· 2020-01-29 ·cited 2×
  Christopher Clark appealed a trial court's final judgment granting Brittany Meizlik's petition for permanent relocation with their daughter and approving a long-distance parenting plan. The appellate court affirmed the relocation decision but reversed the portion of the parenting
• Hardeman Landscape Nursery, Inc. v. Watkins
  290 So. 3d 574· Fla. 2d DCA· 2020-01-22 ·cited 2×
  The appellate court reversed a trial court's denial of attorney's fees to a landscaping company, finding that the company was the prevailing party in a breach of contract dispute. Despite the trial court finding no damages for either party, it had found an initial breach by the h
• Sabal Trail Transmission, LLC v. 3.921 Acres of Land in Lake Cnty. Fla.
  947 F.3d 1362· 11th Cir.· 2020-01-22 ·cited 2×
  The court held that a property owner's testimony regarding the value of her land, based on her personal knowledge and experience, is admissible lay opinion testimony. The court also held it lacked jurisdiction to review the award of attorney's fees and costs because the amount ha
• Hart v. Griffis
  288 So. 3d 770· Fla. 1st DCA· 2020-01-15 ·cited 2×
  Communications to court administrators and the State Attorney regarding legitimate concerns about school enrollment and alleged fraud do not constitute stalking or harassment sufficient to support an injunction for protection against domestic violence, even if they cause emotiona
• Schultz v. State
  289 So. 3d 921· Fla. 4th DCA· 2020-01-15 ·cited 2×
  The trial court did not abuse its discretion in denying counsel's motion to withdraw filed on the eve of sentencing where the motion was legally insufficient and lacked detail, and the trial court properly struck the pro se motion for downward departure as a nullity while the err
• Anne Charlotte Sigrid Kratz v. Abdelmajid Daou
  Fla. 3d DCA· 2019-12-26 ·cited 2×
  The appellate court reversed an order granting a new trial in a negligence case. The trial court had granted the new trial based on the admission of hearsay statements from medical records used for impeachment, but the appellate court found this was an abuse of discretion because
• De Hoyos v. Julia Bauerfeind as Natural Guardian of Jan De Hoyos Bauerfeind
  286 So. 3d 900· Fla. 1st DCA· 2019-12-16 ·cited 2×
  The appellate court reversed a domestic violence injunction against a father, finding that the trial court improperly admitted hearsay statements from the child without first determining their reliability under Florida's child hearsay exception statute. The court held that withou
• West v. State
  283 So. 3d 1289· Fla. 1st DCA· 2019-12-05 ·cited 2×
  A trial court does not abuse its discretion in holding a defendant in direct criminal contempt when it complies with all requirements of Florida Rule of Criminal Procedure 3.830, including informing the defendant of the accusation, allowing him to show cause, giving him a chance
• Kathgret R. Rentz v. State
  285 So. 3d 1009· Fla. 1st DCA· 2019-12-05 ·cited 2×
  Kathgret Rentz, a school guidance counselor, was charged with lewd and lascivious conduct involving an 11-year-old student. She pleaded no contest believing she could appeal the trial court's ruling that her motion to suppress was dispositive, but the State later refused to stipu
• Yolie N. Bauduy v. Adventist Health System/Sunbelt, Inc.
  288 So. 3d 87· Fla. 5th DCA· 2019-11-14 ·cited 2×·via Abuse Of Discretion Standard For Evidence Admission
  This case addresses whether Florida's Amendment 7, which grants patients a constitutional right to access adverse medical incident reports, implicitly grants them the right to use those reports as trial evidence. The court held that Amendment 7 provides only a right to access suc
• Pujol v. State
  290 So. 3d 520· Fla. 3d DCA· 2019-11-13 ·cited 2×·via Abuse Of Discretion Standard For Evidentiary Rulings
  Crystal Pujol appealed her conviction for burglary, grand theft, and criminal mischief. The appellate court affirmed her conviction, finding that while a detective's testimony stating Pujol's guilt was improper, it was harmless error, and sufficient evidence supported the crimina
• Poole v. State
  284 So. 3d 604· Fla. 5th DCA· 2019-10-24 ·cited 2×
  Ryan Poole appeals his conviction for human trafficking, branding, and related crimes, challenging the admission of expert testimony regarding human trafficking and sex worker subculture. The Florida District Court of Appeal affirms his conviction and specifically endorses the ad
• Marchel Auguste v. Aguado
  282 So. 3d 937· Fla. 3d DCA· 2019-09-25 ·cited 2×·via Abuse Of Discretion Standard For Injunctions
  The appellate court affirmed a permanent injunction against a former nanny who engaged in stalking behavior after her termination. The court found sufficient evidence that the nanny's actions caused severe emotional distress and fear, meeting the statutory requirements for stalki
• Quigley v. Culbertson
  279 So. 3d 1260· Fla. 3d DCA· 2019-09-18 ·cited 2×
  The appellate court affirmed a trial court's order awarding attorney's fees and costs to a former husband. The court found that the trial judge's use of terms like "frivolous and vexatious" to describe the former wife's unsuccessful post-judgment motions did not convert the fee a
• Derick Levell Jones v. State
  278 So. 3d 903· Fla. 1st DCA· 2019-09-09 ·cited 2×
  The trial court did not abuse its discretion in denying the motion to exclude the out-of-court identification because Jones failed to preserve his argument that the procedure was unnecessarily suggestive, and the identification procedure was not unnecessarily suggestive as a matt
• Geraldo Linares v. Bank of Am., N.A.
  278 So. 3d 330· Fla. 3d DCA· 2019-09-04 ·cited 2×
  The appellate court affirmed the denial of a borrower's motion for relief from a foreclosure judgment. The borrower's motion, filed over two years after the judgment, was untimely under the relevant rule of civil procedure and also failed to establish that the judgment was void.
• Nolan v. State
  277 So. 3d 1147· Fla. 1st DCA· 2019-08-23 ·cited 2×
  A detective may testify to identify a person in surveillance video when the detective has had extensive opportunity to observe that person in person and the suspect's appearance has changed since the crime, placing the identification outside the jury's knowledge and experience. T
• Hudson v. State
  278 So. 3d 257· Fla. 4th DCA· 2019-08-21 ·cited 2×
  Daniel Hudson was retried for aggravated battery after his initial conviction was reversed due to improper admission of evidence regarding an uncharged collateral crime involving the victim's wife. At the second trial, Hudson was convicted of the lesser included offense of felony
• In re Marriage of Charles W. Kirby Vs
  43 Fla. L. Weekly D2467· Fla. 4th DCA· 2019-08-14 ·cited 2×
  In this appeal from a family law matter, the court addressed whether a trial court properly entered an attorney's fees order against a deceased former wife's estate without substituting the estate as a party. The former husband sought attorney's fees following a discovery dispute
• Baity v. State
  277 So. 3d 752· Fla. 1st DCA· 2019-08-09 ·cited 2×·via Abuse Of Discretion Standard For Evidentiary Rulings
  A voicemail left by the defendant's mother to the victim, warning her not to go to a house and expressing fear, was properly admitted as an excited utterance where the mother left it shortly after learning of the defendant's threat and while demonstrably under stress.
• R & W Rental Props., LLC v. Warnick
  277 So. 3d 1099· Fla. 5th DCA· 2019-08-08 ·cited 2×
  R and W Rental Properties appeals from a trial court's order granting a new trial based on an isolated comment by appellant's counsel during closing argument about jurors protecting homeowners. The Fifth District Court of Appeal reversed, holding that the trial court abused its d
• Tr. Real Est. Ventures, LLC v. Desnick
  278 So. 3d 242· Fla. 3d DCA· 2019-08-07 ·cited 2×
  The appellate court affirmed the lower court's decision to grant summary judgment, holding that the appellants failed to demonstrate that the denial of a continuance for pending discovery was an abuse of discretion. The court emphasized that parties must show diligence and materi
• Miron v. Richardson
  278 So. 3d 738· Fla. 1st DCA· 2019-07-16 ·cited 2×
  In a post-dissolution of marriage case, the appellate court reversed in part an award of $14,048.75 in attorney's fees and costs against the appellant husband under Florida Statute section 61.16. The court found that while the trial court properly calculated the reasonable hours,
• Ingram v. Ingram
  277 So. 3d 718· Fla. 2d DCA· 2019-07-10 ·cited 2×·via Abuse Of Discretion Standard For Attorney'S Fees
  When equitable distribution and alimony awards place divorcing parties in similar financial positions, an award of attorney's fees is an abuse of discretion unless the trial court makes specific findings that the fees are awarded as a sanction for the other party's litigation mis
• Eddy Leal, P.A. v. Benitez
  275 So. 3d 774· Fla. 3d DCA· 2019-06-26 ·cited 2×
  A trial court does not abuse its discretion in denying a motion for continuance when the moving party fails to demonstrate prior due diligence, substantially favorable testimony, witness availability, and material prejudice from denial.
• McCormick v. Makrim Salfity
  44 Fla. L. Weekly D891· Fla. 5th DCA· 2019-06-14 ·cited 2×
  The appellate court denied a petition for second-tier certiorari review, finding that the lower circuit court's summary affirmance of a county court judgment did not violate clearly established law or result in a miscarriage of justice. The petitioner sought to reargue alleged le
• Yvonne R. Sherrer, M.D. v. Hollingsworth
  274 So. 3d 407· Fla. 4th DCA· 2019-06-12 ·cited 2×
  A trial court abuses its discretion by instructing a jury on informed consent as a theory of negligence when the theory was not pled, tried by consent, or supported by expert testimony. Informed consent is a separate and distinct theory of negligence from general medical negligen
• Holder v. Lopez
  274 So. 3d 518· Fla. 1st DCA· 2019-06-07 ·cited 2×
  A former husband appeals an alimony modification order, arguing the trial court erred in finding the former wife demonstrated need and in imputing income to him based on his retirement. The appellate court reversed, holding that the trial court improperly imputed housing expenses
• Boffo v. State
  272 So. 3d 876· Fla. 5th DCA· 2019-05-31 ·cited 2×
  The appellate court reversed a trial court's decision to revoke community control, finding that the trial court abused its discretion by denying the defendant's motion for a continuance. The defendant's newly appointed attorney needed more time to prepare, and the court's refusal
• Sea Vault P'rs v. Bermello
  274 So. 3d 473· Fla. 3d DCA· 2019-05-22 ·cited 2×
  Sea Vault Partners appealed a trial court judgment awarding monetary sanctions of $302,848.03 against Sea Vault for bad-faith failure to arbitrate, specifically for failing to pay a $5,000 arbitrator fee deposit. The appellate court reversed, finding the trial court erred in awar
• Cohen v. Scarnato
  270 So. 3d 410· Fla. 4th DCA· 2019-04-10 ·cited 2×
  A trial court abuses its discretion in transferring a civil action under section 47.122 when there is insufficient evidence that a change of venue is necessary and when the court fails to determine whether the receiving venue is proper for the action initially. Any potential inju
• Winn-Dixie Stores v. Winters
  272 So. 3d 510· Fla. 3d DCA· 2019-04-10 ·cited 2×
  Winn-Dixie appeals a trial court's order vacating the final judgment and granting a new trial motion filed by Winters, who was injured in a slip-and-fall incident. The original trial judge granted Winters' motion to disqualify based on alleged prejudicial comments and conduct, an
• Roland v. State
  267 So. 3d 449· Fla. 4th DCA· 2019-04-03 ·cited 2×
  Kevin Roland appealed a sanction order prohibiting him from filing further pro se motions. Although Roland repeatedly raised a meritless postconviction claim regarding fingerprint evidence and his PRR sentence qualification, the court held that the trial court abused its discreti
• Lee v. State
  268 So. 3d 904· Fla. 1st DCA· 2019-04-03 ·cited 2×
  Appellant was convicted of aggravated stalking after the trial court admitted his victim's 911 call and three jail calls as evidence. Appellant challenged the admission of these statements on confrontation clause and hearsay grounds, arguing conviction was impossible without them
• S.L.V. v. Arpad Toth
  268 So. 3d 801· Fla. 4th DCA· 2019-04-03 ·cited 2×
  A minor sought declaratory relief regarding real property allegedly sold by his father. After a bench trial, the trial court dismissed the complaint without findings of fact or conclusions of law. The appellate court reversed and remanded because a declaratory judgment dismissal
• N.A. v. Dept. of Child. & Families
  267 So. 3d 430· Fla. 4th DCA· 2019-03-20 ·cited 2×
  When a court places a dependent child with a non-offending parent, Chapter 39.521(3)(b) requires the court to choose between two exclusive alternatives: either order the parent to assume sole custody and terminate jurisdiction, or retain jurisdiction and oversee a case plan. Addi
• Rierson v. Deveau
  273 So. 3d 1041· Fla. 3d DCA· 2019-03-20 ·cited 2×
  Ashley Rierson appeals a jury verdict finding no liability in a personal injury case arising from a motor vehicle accident. The trial court granted an order in limine prohibiting reference to the defendant's traffic citation, but during closing argument, defense counsel made stat
• Windsor Falls Condo. Ass'n, Inc. v. Davis
  265 So. 3d 709· Fla. 1st DCA· 2019-02-28 ·cited 2×
  A trial court did not err in denying attorney's fees for litigating the amount of fees when the contract provided for recovery of fees for 'costs of collection' rather than 'any litigation.' However, the trial court erred by failing to include specific Rowe findings in the final
• Williams v. Jessica L. Kerr, P.A.
  271 So. 3d 82· Fla. 3d DCA· 2019-02-20 ·cited 2×
  An appellant's judgment will be affirmed when she fails to provide a trial transcript and the alleged errors require factual determinations not apparent from the face of the record.
• Landmark Am. Ins. Co. v. Pin-Pon Corp.
  267 So. 3d 411· Fla. 4th DCA· 2019-02-13 ·cited 2×
  Landmark American Insurance Company appeals a judgment awarding its insured, Pin-Pon Corporation, $5,644,668.79 for code upgrade expenses incurred while repairing hurricane damage to its hotel property. The Fourth District Court of Appeal reversed, holding that the trial court er
• Pitch v. United States
  915 F.3d 704· 11th Cir.· 2019-02-11 ·cited 2×
  The Eleventh Circuit held that a district court did not abuse its discretion in unsealing grand jury transcripts based on exceptional historical significance, applying its precedent from Hastings.
• Raynessa Parris v. In the Matter of: Shanta Butler
  264 So. 3d 1089· Fla. 2d DCA· 2019-02-08 ·cited 2×
  A trial court abuses its discretion when it orders the return of children and establishes a temporary time-sharing plan without considering the statutory relocation factors and without basing its decision on competent substantial evidence of the children's best interests.
• Firuza Sarazin v. Ratko John Sarazin
  263 So. 3d 273· Fla. 1st DCA· 2019-02-05 ·cited 2×
  A transfer of marital assets to third parties does not constitute intentional dissipation requiring unequal distribution absent an explicit finding of misconduct. Speculative gifts from family members that have not yet been received cannot be included in income calculations for a
• Archie v. State
  264 So. 3d 276· Fla. 5th DCA· 2019-01-25 ·cited 2×
  The appellate court reviewed a probationer's conviction for violating conditions related to leaving his county, attending treatment, and taking polygraphs. The court affirmed the violations for treatment and polygraphs but reversed the violation for leaving the county, remanding
• Lynch v. State
  260 So. 3d 1166· Fla. 1st DCA· 2018-12-27 ·cited 2×
  The trial court did not abuse its discretion in admitting the officers' identifications, denying Brady relief, revoking Lynch's self-representation right, or in its handling of Lynch's appearance in shackles and prison clothes during jury selection.
• Miley v. Dunn
  264 So. 3d 219· Fla. 2d DCA· 2018-12-21 ·cited 2×
  Jennifer Miley appeals the trial court's denial of her motion to modify a 2007 injunction for protection against sexual violence entered on behalf of her son J.A.M. against Jessica Dunn. The injunction prohibited Dunn from coming within 250 feet of J.A.M.'s school, but the addres
• Rivera v. State
  260 So. 3d 920· Fla.· 2018-12-20 ·cited 2×
  Michael T. Rivera appeals the denial of his second successive motion for postconviction relief under Florida's capital postconviction rules, arguing he is entitled to relief under Hurst v. State based on changes to Florida's death penalty statute. The Florida Supreme Court affirm