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

• Watkins v. Al Lamberti
  82 So. 3d 825· Fla. 4th DCA· 2011-03-25 ·cited 2×
  In this habeas corpus petition challenging pretrial detention, the Florida Fourth District Court of Appeal upheld the trial court's denial of bond for a defendant charged with solicitation of premeditated murder. Although criminal solicitation of murder is not listed as a dangero
• T.H. v. Dep't of Child. & Families
  56 So. 3d 150· Fla. 4th DCA· 2011-03-23 ·cited 2×
  A Florida appellate court reversed the termination of a mother's parental rights because the trial court failed to comply with statutory requirements for voluntary surrender of parental rights. The surrender documents were never filed or produced in court, despite the trial court
• Bistricer v. Oceanside Acquisitions, LLC
  59 So. 3d 215· Fla. 3d DCA· 2011-03-16 ·cited 2×
  The court upheld a trial judge's decision to strike the plaintiffs' quiet title claims as a sanction for egregious discovery violations and false testimony by the plaintiffs and their representatives. The plaintiffs failed to produce over 68,000 documents despite repeatedly assur
• Hayes v. State
  55 So. 3d 699· Fla. 4th DCA· 2011-03-02 ·cited 2×
  Robert Hayes appealed his civil commitment as a sexually violent predator under Florida's Jimmy Ryce Act following a jury verdict. The Fourth District Court of Appeal affirmed the commitment, finding that any trial errors—including prosecutor statements violating an in limine ord
• Commonwealth Land Title Ins. Co. v. Higgins
  58 So. 3d 280· Fla. 1st DCA· 2011-02-07 ·cited 2×
  The court held that the trial court did not err in certifying the classes because the common question of the appellants' non-delegable duty to price title insurance premiums in accordance with Florida law predominated over individual issues.
• Alonso v. Ford Motor Co.
  54 So. 3d 562· Fla. 3d DCA· 2011-02-02 ·cited 2×
  Marisol Alonso, as personal representative of a deceased plaintiff, appeals the denial of a motion for new trial in a fatal motor vehicle collision case against Ford Motor Company. The appeal challenges the trial court's rejection of allegations that jurors engaged in misconduct,
• LAW Offs. OF David J. Stern, P.A. v. Banner
  50 So. 3d 1221· Fla. 4th DCA· 2010-12-29 ·cited 2×
  The appellate court affirmed the trial court's order granting class certification, finding no abuse of discretion.
• Thermidor v. State
  50 So. 3d 1184· Fla. 4th DCA· 2010-12-22 ·cited 2×
  Jean Thermidor was convicted of robbery after a trial in which the state introduced evidence of a prior uncharged armed robbery under the Williams rule. The Fourth District Court of Appeal reversed, finding that the trial court abused its discretion in admitting the prior crime e
• Shelley A.E. Crombie v. Williams
  51 So. 3d 559· Fla. 3d DCA· 2010-12-22 ·cited 2×
  A trial court does not abuse its discretion in denying a primary residential parent's petition to relocate when staying in South Florida is in the child's best interest, and a relocation denial does not constitute a custody modification requiring proof of substantial change in ci
• C.M. v. State
  51 So. 3d 540· Fla. 5th DCA· 2010-12-17 ·cited 2×
  C.M., a juvenile, appealed his delinquency adjudication for cannabis possession, arguing that the trial court erred by denying his oral motion to suppress the seized cannabis and by denying his motion for judgment of dismissal. The appellate court affirmed, holding that the trial
• Edson Barrios v. State
  50 So. 3d 708· Fla. 4th DCA· 2010-12-15 ·cited 2×
  The court held that improper prosecutorial comments during closing argument denied the defendant his right to a fair trial.
• Florencio Chavez v. State
  48 So. 3d 1022· Fla. 2d DCA· 2010-12-08 ·cited 2×
  The court held that the trial court abused its discretion by denying the defendant's motion for a continuance, as defense counsel was not afforded adequate time to prepare for trial due to a last-minute change in the trial date.
• Campbell v. State
  48 So. 3d 201· Fla. 2d DCA· 2010-12-01 ·cited 2×
  Rodney Campbell appeals his drug convictions and the State cross-appeals his downward departure sentence. The court affirms Campbell's convictions but reverses his 18-month downward departure sentence because the trial court failed to provide a valid legal ground, as family suppo
• Shierling v. Hall
  67 So. 3d 251· Fla. 2d DCA· 2010-11-10 ·cited 2×
• Mercury Ins. Co. OF Fla. v. Jackson
  46 So. 3d 1129· Fla. 1st DCA· 2010-10-29 ·cited 2×
  The court held that the totality of the circumstances supported venue in Gadsden County, affirming the trial court's order transferring the case.
• Romaine Nugent v. State
  45 So. 3d 528· Fla. 4th DCA· 2010-10-06 ·cited 2×
  Romaine Nugent appealed the revocation of his community control and 50-month prison sentence, challenging findings that he violated probation by committing battery on an elderly person and corruption by threat. The appellate court upheld the battery finding but agreed the corrupt
• Halikman v. Farlan Halikman
  43 So. 3d 913· Fla. 5th DCA· 2010-09-10 ·cited 2×
  In this alimony appeal, the Florida District Court of Appeal upheld a trial court's award of permanent alimony to a wife who suffered a debilitating stroke, even though her parents' financial support supplemented the awarded amount. The court affirmed the trial court's discretion
• Tapanes v. State
  43 So. 3d 159· Fla. 4th DCA· 2010-09-08 ·cited 2×
  Tapanes was convicted of manslaughter after a jury trial for shooting a neighbor. The trial court denied his motion for new trial after finding that a juror used a smartphone to look up the definition of "prudent"—a term central to the jury instructions and closing arguments—duri
• MacRAE-Billewicz v. Billewicz
  67 So. 3d 226· Fla. 2d DCA· 2010-08-20 ·cited 2×
  In a dissolution of marriage appeal, the Florida Second District Court of Appeal reversed the trial court's equitable distribution of a Canadian condominium and child support award, while affirming other aspects of the judgment. The court held that the trial court erred by giving
• Diaz v. State
  45 So. 3d 32· Fla. 4th DCA· 2010-08-11 ·cited 2×
  Manuel Diaz appealed his lewd and lascivious battery conviction after the trial court erroneously denied his challenge for cause to a prospective juror who expressed doubts about her ability to follow judicial instructions if she disagreed with the law. The appellate court revers
• Boelter v. Evonne Rae Boelter
  39 So. 3d 1282· Fla. 2d DCA· 2010-07-23 ·cited 2×
  The trial court abused its discretion by denying a motion to vacate an order denying a motion for rehearing, as the court's own errors prevented the party from timely appealing.
• Bienaime v. State
  45 So. 3d 804· Fla. 4th DCA· 2010-07-07 ·cited 2×
  Jean Claude Bienaime was convicted of false imprisonment, aggravated assault with a firearm, and battery in a domestic violence case. The Fourth District Court of Appeal reversed, holding that the trial court erred in admitting an officer's hearsay testimony regarding the victim'
• Miami-Dade Cnty. v. Concrete Structures, Inc.
  36 So. 3d 762· Fla. 3d DCA· 2010-05-05 ·cited 2×
  The court held that the trial court did not abuse its discretion in determining the date of material noncompliance with the settlement agreement and enforcing it.
• Tillotson v. Tillotson
  32 So. 3d 191· Fla. 2d DCA· 2010-04-14 ·cited 2×
  Christina Tillotson appealed a trial court order denying her request to relocate with her children to Illinois while granting her former husband's request to relocate them to North Carolina. The Florida appellate court reversed the relocation order as to their son Dustin because
• Davis v. State
  33 So. 3d 747· Fla. 4th DCA· 2010-04-07 ·cited 2×
  The court held that the evidence was insufficient to prove a willful violation of the curfew condition, but sufficient to prove the aggravated battery violation.
• Harrison v. State
  33 So. 3d 727· Fla. 1st DCA· 2010-03-25 ·cited 2×
  Tommy Jack Harrison was convicted of lewd and lascivious molestation of a child under twelve, but the appellate court reversed and remanded for a new trial because the trial court abused its discretion by excluding expert testimony on the formation and reliability of children's m
• Eckert v. Eckert
  29 So. 3d 381· Fla. 5th DCA· 2010-02-26 ·cited 2×
  The court held that the supplemental final judgment of dissolution of marriage was inadequate and vacated it due to a significant delay between trial and judgment, coupled with insufficient findings of fact.
• Nivcab, Inc. v. Accord Ins. Network OF Am., Inc.
  24 So. 3d 1204· Fla. 4th DCA· 2009-12-23 ·cited 2×
  The court held that the trial court did not abuse its discretion in vacating a default judgment.
• State v. Glover
  25 So. 3d 38· Fla. 1st DCA· 2009-11-24 ·cited 2×
  The State appeals a trial court's downward departure sentence for a convicted felon's possession of a firearm. The trial court justified the departure based on the defendant's reasonable perception of danger from prior threats. The appellate court reversed, finding the departure
• Tillman v. State
  21 So. 3d 163· Fla. 4th DCA· 2009-11-12 ·cited 2×
  The court held that the trial court did not err in denying the defendant's motions for mistrial and judgment of acquittal, nor in accepting a stipulation without a plea colloquy, affirming the convictions.
• 818 Asset Mgmt., Inc. v. Neiman
  22 So. 3d 659· Fla. 3d DCA· 2009-10-28 ·cited 2×
• Brown v. State
  18 So. 3d 723· Fla. 4th DCA· 2009-10-07 ·cited 2×
  On remand from the Florida Supreme Court, the Fourth District Court of Appeal affirmed the revocation of David Brown's probation, holding that the Supreme Court's decision in Yisrael v. State, which restricted the admissibility of Department of Corrections release-date letters, d
• Cooper Tire & Rubber Co. v. Tavilia Pierre
  18 So. 3d 700· Fla. 4th DCA· 2009-09-30 ·cited 2×
  The appellate court affirmed a trial court's final judgment, holding that a jury verdict finding a tire defect and awarding damages was not illegally compromised.
• Crumbie v. State
  16 So. 3d 893· Fla. 1st DCA· 2009-07-24 ·cited 2×
  The trial court did not abuse its discretion in admitting testimony about the defendant's prior statement regarding a previous murder charge when the defendant had opened the door to such evidence by repeatedly challenging the victim's credibility claim that she feared him, and a
• Quattrocchi v. State
  17 So. 3d 329· Fla. 3d DCA· 2009-07-01 ·cited 2×
  Michael Quattrocchi appeals his conviction on 59 counts of child pornography possession, challenging the trial court's decision to allow the State to amend the information on the morning of trial to correct file creation dates and the denial of his motion for mistrial. The appell
• Vasaliki Michelle Owens v. Owens
  14 So. 3d 1093· Fla. 1st DCA· 2009-06-09 ·cited 2×
  The Florida District Court of Appeal reversed a dismissal of a child support arrearages claim where the trial court entered an order dismissing the case based on a motion to dismiss that was never served on the appellant and without providing her notice or opportunity to be heard
• Taylor v. Vitetta
  8 So. 3d 1216· Fla. 4th DCA· 2009-04-29 ·cited 2×
  The court held that the defendants demonstrated excusable neglect, a meritorious defense, and due diligence, thus meeting the burden to set aside the default judgments.
• Joel Salamon, M.D. v. Anesthesia Pain Care Consultants, Inc.
  10 So. 3d 1112· Fla. 4th DCA· 2009-04-15 ·cited 2×
  A physician appeals a temporary injunction enforcing a non-compete provision in his employment agreement with his former employer. The trial court granted the injunction, finding sufficient evidence of the doctor's breach of the restrictive covenant, and the appellate court affir
• Eato v. State
  7 So. 3d 633· Fla. 3d DCA· 2009-04-15 ·cited 2×
• Carolina Pres. P'rs, Inc. v. Wolf Arbin Weinhold
  414 B.R. 754· M.D. Fla.· 2009-03-26 ·cited 2×
  The bankruptcy court abused its discretion in approving a compromise because the purported general partners lacked the legal authority under the partnership agreement and Florida law to encumber partnership property for the benefit of individual creditors.
• Osborne v. State
  997 So. 2d 1266· Fla. 4th DCA· 2009-01-05 ·cited 2×
  Thomas Osborne appeals his conviction for possession of burglary tools after the trial court admitted irrelevant evidence of a toy gun he was carrying. The court reverses, finding the gun evidence had no relevance to the charged crimes and was highly prejudicial, especially when
• Jackson v. State
  998 So. 2d 1175· Fla. 5th DCA· 2008-12-24 ·cited 2×
  James Jackson was convicted of firearm offenses and sentenced to four years imprisonment. The Fifth District Court of Appeal reversed his convictions, holding that the trial court abused its discretion by denying his motion for continuance when his newly appointed counsel lacked
• Dane R. Boza, II v. Carter
  993 So. 2d 561· Fla. 1st DCA· 2008-10-17 ·cited 2×
  The court held that the nonparty's conduct was not an intentional tort as a matter of law, and the driver had no duty to control the passenger's conduct. The denial of the motion for additur was not an abuse of discretion.
• Lopez v. Tanis H. Lopez
  994 So. 2d 374· Fla. 3d DCA· 2008-10-08 ·cited 2×
  The court held that the trial court did not abuse its discretion in setting the father's child support obligation at $709 per month, considering the parties' timesharing agreement and other equitable factors.
• Michael v. State
  992 So. 2d 367· Fla. 1st DCA· 2008-10-07 ·cited 2×
  The court held that the State failed to prove by a preponderance of the evidence that the probationer willfully violated the conditions of his probation.
• Buccini v. Sonara
  989 So. 2d 1288· Fla. 4th DCA· 2008-09-17 ·cited 2×
  A father appealed from a trial court's order granting him only vague "reasonable visitation" with his newborn son while denying temporary custody. The appellate court affirmed the custody denial but reversed the visitation ruling, holding that the trial court abused its discretio
• In the Interest of G.S. v. Dep't of Child. & Fam. Servs. & Guardian Ad Litem Program
  989 So. 2d 1282· Fla. 2d DCA· 2008-09-12 ·cited 2×
  The Florida Second District Court of Appeal reversed a dependency adjudication of a seven-year-old child because the trial court conducted an inadequate competency examination before allowing the child to testify. The court found that the trial court failed to properly establish
• Liliana M. Sass v. Sass
  988 So. 2d 1135· Fla. 4th DCA· 2008-07-30 ·cited 2×
  In a consolidated appeal from a dissolution of marriage and attorney's charging lien judgment, the former wife challenged twelve issues. The court affirmed the trial court's treatment of a $75,000 loan as a pre-marital asset under a prenuptial agreement, but reversed the trial co
• J.J.K. Int'l, Inc. v. Deoanand Shivbaran and Nurelene Shhadat
  985 So. 2d 66· Fla. 4th DCA· 2008-06-25 ·cited 2×
  J.J.K. International appealed the trial court's dismissal of its complaint with prejudice against Shivbaran and Shhadat for violating deed restrictions on property resale. The appellate court reversed, holding that the trial court abused its discretion in denying J.J.K.'s motion
• Young v. State
  979 So. 2d 1097· Fla. 3d DCA· 2008-04-09 ·cited 2×·via Abuse Of Discretion Standard For Evidentiary Rulings
  The court held that the trial court did not err in admitting the ex-girlfriend's statement under the excited utterance exception, as the defense objection was not preserved on appeal.