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

• Theobald v. Piper Aircraft, Inc.
  208 So. 3d 287· Fla. 3d DCA· 2016-12-21 ·cited 2×
  Wrongful death plaintiffs appealed a trial court's order transferring their venue from Miami-Dade County to Indian River County under Florida's forum non conveniens statute. The court affirmed the transfer, finding no abuse of discretion because Miami-Dade County had no connectio
• Tata v. Tata
  207 So. 3d 933· Fla. 4th DCA· 2016-11-09 ·cited 2×
  The maternal grandmother appeals the vacation of a 2008 temporary custody order granted in her favor. The trial court found the order void due to lack of proper notice and service on the father, who was incarcerated at the time, and vacated it. The appellate court affirms, holdin
• State v. Smith
  206 So. 3d 92· Fla. 3d DCA· 2016-11-02 ·cited 2×
  The State appeals a trial court's order granting a new trial after a jury verdict was rendered and discharged. The Third District Court of Appeal held that the trial court did not abuse its discretion in granting the new trial, and affirmed the order while providing guidance on v
• Reverse Mortg. Solutions, Inc. v. The Unknown Heirs
  207 So. 3d 917· Fla. 1st DCA· 2016-10-07 ·cited 2×
  Reverse Mortgage Solutions, Inc. appealed a trial court's order dismissing its foreclosure action with prejudice and cancelling the mortgage, claiming the dismissal was an improper sanction imposed based on the actions of counsel for a different party (Bank of America) in a prior
• Heinly v. State
  201 So. 3d 769· Fla. 4th DCA· 2016-09-28 ·cited 2×
  Matthew Heinly was convicted of first-degree premeditated murder in a joint trial with separate juries alongside co-defendant Wilson. The appellate court reversed and remanded for a new trial, finding that the trial court abused its discretion by denying Heinly's request to sever
• Crockett v. State
  206 So. 3d 742· Fla. 1st DCA· 2016-09-06 ·cited 2×
  The Florida appellate court reversed the trial court's denial of a defendant's motion to dismiss, finding that an eight-year delay between the filing of charges and prosecution violated the defendant's Sixth Amendment right to a speedy trial. The State failed to lodge a detainer
• JP Morgan Chase Bank Nat'l Ass'n For Bear Stearns Alt A 2005-5 v. Colletti Invs., LLC
  199 So. 3d 395· Fla. 4th DCA· 2016-08-17 ·cited 2×
  JP Morgan Chase appeals a judgment in favor of Colletti Investments in a contract dispute over a mortgage assignment. The court affirmed the trial court's finding that Colletti was entitled to restitution based on unjust enrichment but reversed the award of special damages that w
• Cletis Lewis v. State
  204 So. 3d 495· Fla. 4th DCA· 2016-07-27 ·cited 2×·via Abuse Of Discretion Standard For Jury Instructions
  The Fourth District Court of Appeal affirmed Cletis Lewis's conviction and sentence for armed robbery, rejecting his contentions that detective statements in a video improperly bolstered witness testimony and that the trial court erred in refusing a special jury instruction on in
• Byrd v. Mascara
  197 So. 3d 1211· Fla. 4th DCA· 2016-07-20 ·cited 2×
  Richard Byrd petitioned for a writ of habeas corpus challenging a $1.7 million bond set for various charges including racketeering, conspiracy, and fraud. The Florida appellate court granted the petition, finding the bond amount unreasonable under the circumstances and ordering a
• Collins Asset Grp., LLC v. Prop. Asset Mgmt., Inc.
  197 So. 3d 87· Fla. 1st DCA· 2016-07-13 ·cited 2×
  The court held that the trial court abused its discretion by denying a motion for deficiency judgment without a hearing based on inapplicable pleading requirements.
• Annex Indus. Park, LLC v. Corner Land, LLC
  206 So. 3d 739· Fla. 3d DCA· 2016-07-13 ·cited 2×
  A trial court does not abuse its discretion by enjoining an alleged continuing trespass, even if the injunction disturbs, rather than preserves, the status quo.
• Jaeger v. Jaeger
  195 So. 3d 414· Fla. 4th DCA· 2016-06-29 ·cited 2×
  Stacy Jaeger appeals a final judgment of dissolution of marriage, challenging the trial court's equitable distribution of marital assets. The Fourth District Court of Appeal reverses in part, finding that the trial court's valuations of the former wife's retirement accounts were
• Smith v. State
  194 So. 3d 483· Fla. 3d DCA· 2016-06-01 ·cited 2×
  Timothy Smith appeals his probation revocation based on findings that he violated probation by committing unlawful assembly and trespass after warning. The court reverses the unlawful assembly conviction for lack of evidence of a common unlawful purpose, affirms the trespass conv
• Edwards v. State
  192 So. 3d 522· Fla. 1st DCA· 2016-05-03 ·cited 2×
  Warren Lee Edwards, an incarcerated pro se litigant, appealed a circuit court order imposing sanctions and prohibiting him from filing further pro se motions and appeals related to his criminal conviction. The court affirmed the sanctions, finding Edwards had abused the judicial
• Domenic Grosso v. HSBC Bank USA, N.A.
  195 So. 3d 393· Fla. 4th DCA· 2016-04-27 ·cited 2×
  The trial court did not err in deeming a post-dismissal motion for costs abandoned after it languished on the docket for eighteen months without prosecution.
• Bryant v. State
  186 So. 3d 25· Fla. 4th DCA· 2016-02-10 ·cited 2×
  Anthony Bryant appeals his first-degree murder conviction, challenging the trial court's admission of DNA evidence linking him to the crime that was not disclosed until after trial commenced, despite the State having the evidence for nearly six years. The court affirms, finding t
• Ace J. Blackburn, Jr. v. Efrosini Boulis
  184 So. 3d 565· Fla. 4th DCA· 2016-01-20 ·cited 2×
  This probate appeal concerns a surviving spouse's elective share in an estate valued at $12.5 million. The court affirmed the probate court's award of interest on 40% of the elective share but reversed the court's deduction of the personal representatives' attorney fees from the
• Richardson v. State
  182 So. 3d 918· Fla. 1st DCA· 2016-01-15 ·cited 2×
  Antonio Richardson appeals his conviction and sentence for first-degree murder and aggravated battery with a firearm. The court reverses and remands for resentencing on the aggravated battery conviction because the sentence was improperly enhanced under Florida's 10-20-Life statu
• Aldonia Mootry v. Bethune-Cookman Univ., Inc.
  186 So. 3d 15· Fla. 5th DCA· 2016-01-08 ·cited 2×
  This case involves a breach of employment contract claim by the estate of Dr. Russell Mootry against Bethune-Cookman University following his termination for alleged sexual harassment. The Fifth District Court of Appeal reversed the judgment in favor of BCU, finding reversible er
• Banegas-Membran v. State
  182 So. 3d 865· Fla. 4th DCA· 2016-01-06 ·cited 2×
  Raul Banegas-Membran was convicted of witness tampering under Florida Statute § 914.22(1) for sending a letter to his ex-girlfriend (mother of alleged victim) asking her not to testify against him in sexual abuse charges. The Fourth District Court of Appeal reversed his convictio
• Mohammad Aboumahboub & Fin. Grp. of Am., LLC v. Honig
  182 So. 3d 682· Fla. 4th DCA· 2015-12-09 ·cited 2×
  Mohammad Aboumahboub and Financial Group of America appealed the trial court's denial of their motion to vacate a default judgment entered ex parte. The court reversed, holding that the trial court abused its discretion because the defendant had in fact cured the default within t
• Fla. Digestive Health Specialists, LLP v. Ramon E. Colina, M.D.
  192 So. 3d 491· Fla. 2d DCA· 2015-11-04 ·cited 2×
  FDHS and Dr. Colina's LLC challenged a trial court's partial denial of a temporary injunction to enforce a restrictive covenant against Dr. Colina's employment with IMG, a large multi-physician medical group. The Florida appellate court reversed the trial court's refusal to enfor
• Steinberg v. Robyn and Robert Marlin
  201 So. 3d 129· Fla. 3d DCA· 2015-10-14 ·cited 2×
  Paul Steinberg sought a writ of certiorari to quash an order disqualifying his counsel, Harris Buchbinder, from representing him in consolidated lawsuits against the Marlins. The Florida appellate court denied the petition, finding the trial court properly disqualified Buchbinder
• Arnold v. Sec. Nat'l Ins. Co.
  174 So. 3d 1082· Fla. 4th DCA· 2015-09-16 ·cited 2×
  Jeffrey Arnold appealed a trial court order reducing jury awards for pain and suffering by $996,000 in an uninsured motorist insurance case. The appellate court reversed, holding that the trial court's remittitur order failed to provide adequate findings and explanations required
• D.D. v. State
  172 So. 3d 969· Fla. 4th DCA· 2015-08-19 ·cited 2×
  The appellate court held that the restitution award was based on speculation and arbitrary depreciation, requiring reversal.
• Gerlo Ulysse v. State
  174 So. 3d 464· Fla. 4th DCA· 2015-08-12 ·cited 2×·via Abuse Of Discretion Standard For Jury Instructions
  Gerlo Ulysse appeals his convictions for battery and false imprisonment, arguing the trial court erred in denying his requested jury instruction on justifiable use of force in defense of property. The Fourth District affirmed, holding that the instruction was properly denied beca
• Antarus Manche Jackson v. State
  166 So. 3d 195· Fla. 1st DCA· 2015-06-04 ·cited 2×
  Antarus Jackson was convicted of driving with a revoked license after a bench trial. The appellate court reversed because the trial court erroneously admitted testimony about Jackson driving a vehicle at a gas station on a date after the charged offense, which constituted inadmis
• Raffus Whitfield v. State
  164 So. 3d 745· Fla. 5th DCA· 2015-05-22 ·cited 2×
  Raffus Whitfield was convicted of violent crimes including burglary of a conveyance with battery with a weapon, attempted carjacking, and aggravated battery. The Fifth DCA affirmed his convictions and sentences but reversed the aggravated battery conviction as a lesser included o
• Barrios v. Locastro
  166 So. 3d 863· Fla. 4th DCA· 2015-05-20 ·cited 2×
  The trial court abused its discretion in denying a motion for a juror interview when a juror failed to disclose material information about her mother's pending lawsuit, which was similar to the case at bar.
• S.L. Wade v. D.T. Wade
  159 So. 3d 1006· Fla. 3d DCA· 2015-03-25 ·cited 2×
  A Florida appellate court affirmed a trial court's post-judgment order adjusting time-sharing notice requirements for minor children, rejecting the mother's contention that the order impermissibly modified a detailed 2011 Illinois custody judgment that had been domesticated in Fl
• Kemper v. Dep't OF Revenue o/b/o Joyce Lynn Kemper
  159 So. 3d 303· Fla. 5th DCA· 2015-03-06 ·cited 2×
  Supplemental Security Income (SSI) received by a custodial parent due to disability should be included in their gross income when calculating the other parent's child support obligation.
• Hill v. State
  157 So. 3d 481· Fla. 2d DCA· 2015-02-11 ·cited 2×·via Abuse Of Discretion Standard For Continuance
  Donald Hill appeals the revocation of his probation following a hearing at which the trial court denied his motion for a continuance to retain private counsel. The appellate court reversed, finding the trial court abused its discretion by denying the continuance without adequate
• K.R. v. State
  155 So. 3d 507· Fla. 4th DCA· 2015-01-28 ·cited 2×
  The court held that the trial court abused its discretion by ordering restitution based on speculative testimony regarding repair costs, as restitution must be proven by substantial, competent evidence.
• Shores v. State
  152 So. 3d 93· Fla. 5th DCA· 2014-11-21 ·cited 2×
  Mark Shores appeals the trial court's denial of his motion to withdraw his guilty plea to drug trafficking charges. The appellate court affirmed, holding that a defendant's failure to review discovery before entering a plea does not constitute good cause for withdrawal under Flor
• Terkeurst v. Terkeurst
  149 So. 3d 758· Fla. 5th DCA· 2014-11-07 ·cited 2×
  Andrew Terkeurst appealed the denial of his motion for reconsideration of a child support order, arguing the trial court abused its discretion by calculating support as if both children resided with his ex-wife when one child actually resided with him under an agreed parenting pl
• Diodato v. State
  150 So. 3d 867· Fla. 4th DCA· 2014-11-05 ·cited 2×
  The court held that investigative costs for DNA and firearms testing were properly assessed against a defendant convicted of lesser-included offenses, as the costs were reasonably and necessarily related to the prosecution of those offenses.
• Frischer v. Quintana
  151 So. 3d 491· Fla. 3d DCA· 2014-09-24 ·cited 2×
  Steven Frischer appealed the trial court's denial of attorney's fees, prejudgment interest, and costs following his litigation against the Quintanas. The appellate court affirmed the denial of attorney's fees under section 57.105 but reversed the denial of costs, holding that the
• Biden v. Lord
  147 So. 3d 632· Fla. 1st DCA· 2014-09-16 ·cited 2×
  The Delaware Attorney General sought post-judgment intervention eight years after a 2004 final judgment modifying an Alfred duPont charitable trust, arguing he was an indispensable party. The Florida appellate court affirmed the trial court's denial, holding that post-judgment in
• Jerrold Stewart v. State
  147 So. 3d 119· Fla. 1st DCA· 2014-08-22 ·cited 2×
  Jerrold Stewart was convicted of sexual battery against his biological daughter (A.S.) while in a position of familial authority. On appeal, he challenged the trial court's admission of Williams rule evidence regarding prior acts of molestation against two other underage females
• Liston T. Gumbs, Jr. v. State
  143 So. 3d 1160· Fla. 4th DCA· 2014-08-13 ·cited 2×
  The Fourth District Court of Appeal reversed the denial of a defendant's motion to withdraw his plea to attempted first-degree murder, holding that he was entitled to an evidentiary hearing because the record did not conclusively refute his allegation that defense counsel misadvi
• Parker v. Jodie Ann Parker
  141 So. 3d 1291· Fla. 1st DCA· 2014-07-25 ·cited 2×
  Brad Parker appealed a trial court order modifying child support and finding him in contempt. The appellate court reversed and remanded because the trial court erred in calculating the mother's income and failed to comply with Florida statutory requirements for deductions from gr
• Williams v. State
  162 So. 3d 36· Fla. 1st DCA· 2014-06-23 ·cited 2×
  Kenneth Williams appealed his conviction and sentence for driving with a suspended license and trafficking in amphetamine/methamphetamine, arguing the trial court erred by failing to conduct a Nelson hearing after he requested discharge of his appointed counsel. The First Distric
• In re Petition of Jane DOE for a Judicial Waiver of Parental Notice of Termination of Pregnancy. Jane Doe
  139 So. 3d 428· Fla. 2d DCA· 2014-05-27 ·cited 2×
  The court held that the trial court did not abuse its discretion in denying a waiver of parental notice for a minor's abortion, as the minor failed to present clear and convincing evidence of maturity or that notification was not in her best interest.
• PNC Bank, NA v. Isidro A. Duque and Teresa A. Thomas
  137 So. 3d 476· Fla. 4th DCA· 2014-03-26 ·cited 2×
  The court held that the trial court abused its discretion by dismissing the bank's foreclosure complaint with prejudice without adequately considering the Kozel factors and proportionality of sanctions.
• Mann v. State
  135 So. 3d 450· Fla. 5th DCA· 2014-03-21 ·cited 2×
  Mann appeals his conviction for attempted second degree murder and aggravated battery after stabbing Wills. The Fifth District reversed because the trial court erred by instructing the jury on the victim's justifiable use of non-deadly force to protect his property, which imprope
• Duval Cnty. Sch. Bd. ("School Board") v. Buchanan
  131 So. 3d 821· Fla. 1st DCA· 2014-02-07 ·cited 2×
  The Duval County School Board appealed a negligence verdict in favor of student Shelby Buchanan, who suffered a broken leg when attacked by another student. The court affirmed the jury's verdict, holding that the School Board owed a duty to supervise its students and that evidenc
• Elroy A. Phillips v. City OF W. Palm Beach
  133 So. 3d 1071· Fla. 4th DCA· 2014-01-08 ·cited 2×
  Phillips appealed a dismissal of his negligence claim against the City of West Palm Beach for conversion of property seized during a 2001 arrest. The appellate court reversed, holding that the trial court violated due process by sua sponte raising a statute of limitations defense
• Trans Health Mgmt., Inc. v. Webb
  132 So. 3d 1152· Fla. 1st DCA· 2013-12-10 ·cited 2×
  Trans Health Management and Trans Healthcare appealed a $900 million judgment entered against them after trial proceeded without any attorney representing the defendants. The Florida appellate court reversed, holding that the trial court abused its discretion by denying a foreign
• Bellevue v. Frenchy's S. Beach CAFÉ, Inc.
  136 So. 3d 640· Fla. 2d DCA· 2013-12-04 ·cited 2×
  Jennifer Bellevue sued Frenchy's South Beach Café for injuries sustained in an attack by intoxicated patrons. The trial court excluded 48 of 60 prior incidents offered to establish foreseeability, and the jury returned a verdict for Frenchy's. The appellate court reversed, holdin
• Wallace v. State
  127 So. 3d 707· Fla. 4th DCA· 2013-11-20 ·cited 2×
  The court held that the trial court did not abuse its discretion in barring the appellant from further pro se filings.