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

• Sweeting v. State
  260 So. 3d 520· Fla. 3d DCA· 2018-12-12 ·cited 2×
  Ebony Sweeting was convicted of battery of a law enforcement officer following an encounter at her residence when police came to arrest her nephew. The Florida appellate court reversed her conviction, finding that the prosecutor's closing argument improperly shifted the burden of
• Crown Diversified Indus. Corp. & Liberty Mut. v. Prendiville
  263 So. 3d 103· Fla. 1st DCA· 2018-12-10 ·cited 2×
  A judge of compensation claims abuses discretion by admitting expert opinion testimony that is improperly bolstered by other experts' opinions and publications and lacks sufficient factual foundation to establish that an employee was exposed to a specific toxic substance at harm-
• Rotunda v. Windham L. Rotunda
  259 So. 3d 216· Fla. 5th DCA· 2018-11-02 ·cited 2×
  Trial courts must make specific findings regarding a reasonable hourly rate, reasonable number of hours expended, and whether a temporary attorney's fee award covers past or prospective fees, and must explain how they arrived at the award amount to permit meaningful appellate rev
• Aguila v. State
  255 So. 3d 522· Fla. 3d DCA· 2018-10-10 ·cited 2×
  The trial court did not abuse its discretion in admitting collateral crimes evidence of the defendant's sexual assault of J.R. under Florida Statute § 90.404(2)(b) to corroborate the victim A.C.'s testimony. Evidence of prior acts of child molestation is admissible if it is relev
• M. P. v. State
  256 So. 3d 231· Fla. 2d DCA· 2018-09-21 ·cited 2×
  The trial court erred in awarding restitution for the electronic torque wrench, Samsung Gear S watch, and cordless screwdriver due to insufficient evidence of fair market value at the time of theft, and erred in failing to make findings regarding the juvenile's and his parents' r
• Taurezs Leigh Bullock v. State
  252 So. 3d 412· Fla. 2d DCA· 2018-08-24 ·cited 2×
  The conviction is affirmed without prejudice to Bullock's right to file a petition for ineffective assistance of appellate counsel under Florida Rule of Appellate Procedure 9.141.
• Dara Cooley v. Cooley
  253 So. 3d 1223· Fla. 2d DCA· 2018-08-24 ·cited 2×
  An unequal distribution of marital assets and liabilities is not supported when the trial court uses the separation date for valuation, the evidence does not show financial harm to the higher-earning spouse, and the court improperly considers factors such as the non-earning spous
• Mc Liberty Express v. All Points Servs.
  252 So. 3d 397· Fla. 3d DCA· 2018-08-08 ·cited 2×
  A trial court must make explicit findings that a claim or defense is frivolous and completely untenable before awarding attorney's fees under section 57.105, and such fees must be apportioned in equal amounts between the losing party and the losing party's attorney as the statute
• Mars v. State
  251 So. 3d 339· Fla. 1st DCA· 2018-08-03 ·cited 2×
  A trial court does not abuse its discretion by declining to conduct a formal competency hearing when the competency evaluator indicates the defendant understands the adversarial nature of proceedings and the defendant's uncooperative behavior appears to reflect obstinacy rather t
• Lai v. State
  251 So. 3d 333· Fla. 1st DCA· 2018-08-01 ·cited 2×
  Although a prosecutor's statement that government officials and law enforcement do not lie constitutes improper bolstering of witness testimony, an isolated comment made in response to defense attacks on credibility does not warrant a mistrial when substantial evidence supports t
• Arroyo v. State
  252 So. 3d 374· Fla. 3d DCA· 2018-08-01 ·cited 2×·via Abuse Of Discretion Standard For Evidentiary Rulings
  The trial court did not abuse its discretion in excluding evidence of the victim's prior consensual sexual activity under the Rape Shield Statute, excluding marginally relevant text messages, or denying the motion for judgment of acquittal, as substantial evidence supported that
• Mendez v. State
  252 So. 3d 368· Fla. 3d DCA· 2018-08-01 ·cited 2×
  A trial court does not abuse its discretion in granting a jury's request for a read-back of testimony when the jury's note, though not using the term "read-back," clearly identifies a specific witness and the specific question asked of that witness during trial. Trial courts shou
• Teodoro Lopez v. Mariana Garcia Hernandez
  252 So. 3d 266· Fla. 4th DCA· 2018-07-25 ·cited 2×
  In this dissolution of marriage appeal, the husband challenges the trial court's valuation of the marital home, the buy-out payment schedule, and the award of special equity to the wife. The court affirms the valuation and buy-out provision but reverses the special equity award b
• D. F. v. State
  251 So. 3d 276· Fla. 2d DCA· 2018-07-06 ·cited 2×
  The trial court properly committed D.F. to involuntary inpatient treatment where the State proved by clear and convincing evidence that D.F. had a mental illness, was unable to care for himself, would suffer neglect posing a real and present threat of substantial harm without tre
• Imraan Ansaarie, M.D. v. First Coast Cardiovascular Inst., P.A.
  252 So. 3d 287· Fla. 1st DCA· 2018-06-28 ·cited 2×
  A temporary injunction enforcing restrictive covenants in a physician employment agreement was properly granted where the employer demonstrated legitimate business interests in existing patients, substantial investment in developing patient goodwill in a specific geographic area,
• Edwards v. State
  248 So. 3d 166· Fla. 4th DCA· 2018-06-13 ·cited 2×
  A detective cannot testify regarding body language and mannerisms indicative of deception, as such testimony constitutes an inadmissible opinion on the defendant's credibility and invades the province of the jury.
• Ingraham v. State
  248 So. 3d 153· Fla. 4th DCA· 2018-06-06 ·cited 2×
  A trial court abuses its discretion when it appoints conflict-free counsel to represent a defendant in a motion to withdraw plea based on alleged attorney misconduct, but then summarily denies the motion the next day without affording the substitute counsel an opportunity to amen
• Hart v. State
  247 So. 3d 556· Fla. 4th DCA· 2018-05-30 ·cited 2×·via Abuse Of Discretion Standard For Jury Instructions
  A defendant is entitled to jury instructions on both justifiable deadly and non-deadly force when the evidence does not establish as a matter of law that the force used was deadly, and the nature of the force—not the resulting injuries—determines whether force is deadly as a matt
• Loor v. State
  240 So. 3d 136· Fla. 3d DCA· 2018-03-14 ·cited 2×
  A trial court abuses its discretion by denying a defendant's request for self-representation based on lack of legal education, poor writing style, or the severity of charges; the only valid basis to deny self-representation is a finding that the defendant suffers from severe ment
• Citizens Prop. Ins. Corp. v. Anderson
  241 So. 3d 221· Fla. 2d DCA· 2018-02-14 ·cited 2×
  A trial court's award of a contingent fee multiplier in an attorneys' fees judgment must include a specific finding regarding whether the relevant market required the multiplier to obtain competent counsel, and reversal is required when such a finding is absent even without a tra
• Ferrandino v. Riley
  236 So. 3d 493· Fla. 1st DCA· 2018-01-22 ·cited 2×
  A trial court does not abuse its discretion in quashing a subpoena and granting a protective order when the record supports findings that enforcement would impose undue burden and harassment on the non-party witness.
• Romaguera v. Tr. Mortg. LLC
  238 So. 3d 394· Fla. 3d DCA· 2018-01-17 ·cited 2×
  A mortgagor who obtains dismissal of a mortgage foreclosure action is the prevailing party entitled to attorney's fees under section 57.105(7), Florida Statutes.
• Rentas v. State
  237 So. 3d 368· Fla. 4th DCA· 2018-01-10 ·cited 2×
  The trial court abused its discretion in denying cause challenges to two prospective jurors who expressed significant preconceived doubts about false confessions in serious crimes, and erred in allowing the jury to rehear only direct examination testimony without the relevant cro
• Lockett v. Lockett
  235 So. 3d 1003· Fla. 2d DCA· 2017-12-27 ·cited 2×
  The court held that a trial court must make an express finding of willful noncompliance with discovery orders before striking pleadings or rendering a default judgment as a sanction. The court also held that child support calculations must adhere to statutory formulas and pro rat
• Ochalek v. Rivera
  232 So. 3d 1050· Fla. 4th DCA· 2017-12-20 ·cited 2×
  An attorney appeals a sanctions order imposing $600 in attorney's fees against him for alleged interference in a family law case after his withdrawal from representation. The Fourth District Court of Appeal reversed, finding the trial court failed to make the requisite bad faith
• United Auto. Ins. Co. v. P'rs IN Health Chiropractic Ctr.
  233 So. 3d 1201· Fla. 3d DCA· 2017-12-06 ·cited 2×
  United Automobile Insurance Company sought second-tier certiorari review of a circuit court appellate decision affirming the denial of its motion for attorney's fees under section 768.79, Florida Statutes, based on a nominal settlement proposal that the plaintiff rejected. The Fl
• Razz v. State
  231 So. 3d 479· Fla. 4th DCA· 2017-11-29 ·cited 2×
  Darnell Razz was convicted of two counts of first-degree murder and robbery with a firearm in connection with a Circle K convenience store killing. On appeal, Razz challenged the trial court's admission of evidence regarding a subsequent shooting eight days later, arguing the evi
• Ramos v. Ramos
  230 So. 3d 893· Fla. 4th DCA· 2017-11-29 ·cited 2×
  Gilbert Ramos appeals a dissolution of marriage judgment challenging the trial court's classification of his premarital vending machine business as marital property, its valuation of a coin collection at $36,000, and an order requiring him to obtain life insurance. The appellate
• Philip Morris USA Inc. v. Gertrude Marchese for the Estate of Salvatore Marchese
  231 So. 3d 473· Fla. 4th DCA· 2017-11-22 ·cited 2×
  In this tobacco wrongful death case, the Fourth District Court of Appeal reversed the trial court's reduction of compensatory damages based on comparative fault, holding that the tobacco companies waived their right to such reduction by repeatedly assuring the jury throughout tri
• Austin & Laurato, P.A. v. State Farm Fla. Ins. Co.
  229 So. 3d 911· Fla. 5th DCA· 2017-11-17 ·cited 2×
  A law firm appeals a trial court's award of attorney's fees as sanctions under Florida Statute § 57.105(1) for filing a frivolous sinkhole complaint. The appellate court reverses and remands because the trial court failed to make adequate factual findings required to support sanc
• Scott v. State
  230 So. 3d 613· Fla. 5th DCA· 2017-11-17 ·cited 2×
  Daniel Scott appeals his convictions for robbery with a firearm, fleeing/eluding police, and resisting an officer. Scott challenged the trial court's denial of his motion for mistrial based on an alleged discovery violation when the State's fingerprint expert provided oral testim
• Farr v. State
  230 So. 3d 30· Fla. 4th DCA· 2017-11-08 ·cited 2×
  The Fourth District Court of Appeal reversed a cocaine possession conviction, finding that the trial court erred by allowing the prosecution to elicit testimony about the nature of the defendant's prior convictions (burglary and grand theft) during cross-examination after the def
• Paylan v. Dirks
  228 So. 3d 679· Fla. 2d DCA· 2017-10-11 ·cited 2×·via Abuse Of Discretion In Dismissal
  Christina Paylan appealed the dismissal of her civil claims against state prosecutors for narcotics investigation and prosecution. The court affirmed dismissal of most counts but reversed the dismissal of Fourth Amendment and tortious interference claims against individual Assist
• Georges Richardson v. State
  228 So. 3d 131· Fla. 4th DCA· 2017-09-27 ·cited 2×
  Georges Richardson appealed his conviction for robbery, challenging the trial court's admission of a surveillance video from a nearby doughnut shop. The Florida Fourth District Court of Appeal affirmed the admission of the video under the 'silent witness' theory of authentication
• Lesinski v. S. Fla. Water Mgmt. Dist.
  226 So. 3d 964· Fla. 4th DCA· 2017-09-06 ·cited 2×
  Plaintiff appeals the denial of his motion to vacate a case dismissal for lack of prosecution, arguing excusable neglect. The Fourth District Court of Appeal affirmed the dismissal, holding that Rule 1.420(e)'s bright-line deadlines cannot be circumvented by invoking excusable ne
• Smith v. Vernia Smith
  226 So. 3d 948· Fla. 4th DCA· 2017-08-30 ·cited 2×
  Gary Smith appeals a dissolution of marriage judgment, challenging the trial court's award of $7,501 in attorney's fees to his former wife's counsel, valuation of his marital pension at $102,000 as of the filing date, and equitable distribution of $50,000 from that pension. The a
• The Bank OF NEW York Mellon v. Simpson
  227 So. 3d 669· Fla. 3d DCA· 2017-08-09 ·cited 2×
  BNYM appeals the trial court's order vacating a Consent Final Judgment of Foreclosure and Settlement and Release Agreement (SRA) with homeowner Simpson. The court reverses, holding that Simpson's attempt to vacate the settlement based on generalized allegations of mortgage indust
• Destefanis v. HAN Ming TAN
  231 So. 3d 537· Fla. 3d DCA· 2017-08-02 ·cited 2×
  Marco DeStefanis appealed the trial court's denial of his motion to dismiss his same-sex spouse's dissolution of marriage petition based on forum non conveniens. The appellate court reversed, holding that Florida lacked a convenient forum because neither party nor the child resid
• Philip Morris USA Inc. v. Micah Danielson
  224 So. 3d 291· Fla. 1st DCA· 2017-07-24 ·cited 2×
  Philip Morris USA appeals an order granting a new trial on non-economic and punitive damages in a wrongful death case stemming from an Engle tobacco litigation. The court affirmed the new trial on non-economic damages but reversed the new trial on punitive damages, holding that c
• E-Commerce Coffee Club v. Miga Holdings, Inc.
  222 So. 3d 9· Fla. 4th DCA· 2017-06-28 ·cited 2×·via Abuse Of Discretion Standard For Evidentiary Rulings
  E-Commerce Coffee Club appealed a trial court order enforcing a settlement agreement that resolved disputes over the valuation of a coffee-distribution business. The appellate court reversed, finding that the trial court committed significant evidentiary errors by excluding relev
• Topic v. Tamar Verduga Topic
  221 So. 3d 746· Fla. 3d DCA· 2017-06-07 ·cited 2×
  In this family law case, the Florida Third District Court of Appeal affirmed the trial court's denial of the husband's motion to dismiss based on forum non conveniens, holding that the motion was untimely filed more than 60 days after service of process in violation of Florida Ru
• E.J. v. Dep't of Child. & Families
  219 So. 3d 946· Fla. 3d DCA· 2017-05-31 ·cited 2×
  The court held that the Department of Children and Families was statutorily barred from granting an exemption from disqualification due to a change in law during the pendency of the application.
• Bryant v. Mezo
  226 So. 3d 254· Fla. 4th DCA· 2017-05-17 ·cited 2×
  The court held that the trial court did not abuse its discretion in dismissing the complaint with prejudice for fraud upon the court, as the plaintiff's repeated failure to disclose prior injuries was intentional and untruthful.
• Westgate Palace, LLC v. Parr
  216 So. 3d 747· Fla. 5th DCA· 2017-04-13 ·cited 2×
  The court held that the trial court abused its discretion in denying the motion to interview a juror, as the allegations of concealment were sufficient to warrant an interview.
• Heady v. State
  215 So. 3d 164· Fla. 1st DCA· 2017-03-31 ·cited 2×
  George Heady appeals his conviction for sexual battery and related offenses against a child, challenging the trial court's denial of his mistrial motion based on the child victim's interaction with family members during a recess in her testimony. The appellate court affirmed, hol
• Menz & Battista, PL v. Ramos
  214 So. 3d 698· Fla. 4th DCA· 2017-03-29 ·cited 2×
  A law firm sought a charging lien against assets awarded to a husband in a dissolution of marriage case. The trial court denied the motion, but the appellate court reversed, holding that a charging lien may properly attach to assets awarded in equitable distribution when the stat
• Redmon v. State
  211 So. 3d 306· Fla. 1st DCA· 2017-02-14 ·cited 2×
  The court affirmed the judgment and sentence because the appellate counsel followed the Anders procedure and no arguable basis for reversal was found.
• Morlas v. State
  211 So. 3d 286· Fla. 4th DCA· 2017-02-08 ·cited 2×
  Jorge Morlas was convicted of burglary of a dwelling, resisting arrest without violence, and disturbing a school function after attempting to break into a home and subsequently fleeing from police in a high-speed car chase. On appeal, Morlas challenged whether the front porch are
• Hudson v. Hudson
  209 So. 3d 656· Fla. 1st DCA· 2017-02-07 ·cited 2×
  The court held that the trial court erred in awarding past-due rent because the issue was not properly pleaded or tried by consent, and the settlement agreement did not obligate rent payment. The court affirmed the child custody award.
• James and Melanie Nipper v. Walton Cnty.
  208 So. 3d 331· Fla. 1st DCA· 2017-01-17 ·cited 2×
  The Florida District Court of Appeal reversed a permanent injunction that enjoined the Nippers from operating a skydiving business on their agricultural property in Walton County. The court held that Walton County failed to demonstrate a clear legal right to injunctive relief, pa