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

• Reyes v. State
  976 So. 2d 1169· Fla. 1st DCA· 2008-03-18 ·cited 2×
  The trial court abused its discretion in admitting evidence of appellant's sexual conduct with prostitutes in foreign countries because such evidence was irrelevant to the aggravated assault charge and highly prejudicial, and the State failed to prove the error was harmless beyon
• Balbin v. Lexington Ins. Co.
  982 So. 2d 10· Fla. 3d DCA· 2008-03-12 ·cited 2×
  Cesar Balbin appealed the denial of his third and fourth amended motions for relief from judgment under Florida Rule of Civil Procedure 1.540(b) against Lexington Insurance Co. The court affirmed the trial court's denial, finding the motions untimely and improper as an attempt to
• de Vico v. Berkell
  976 So. 2d 646· Fla. 3d DCA· 2008-03-12 ·cited 2×
  The trial court abused its discretion by finding no excusable neglect when the personal representative of the estate was inexperienced and unaware of the probate proceedings, and counsel acted promptly upon discovery.
• Sherril Kalman v. Pasco-Hernando Surgical Assocs., P.L.
  974 So. 2d 1219· Fla. 2d DCA· 2008-02-29 ·cited 2×
  The appellate court affirmed the trial court's vacation of a judgment against a surgical associates firm based on the firm's counsel's failure to timely file a motion for trial de novo after nonbinding arbitration, finding the omission resulted from mistake and inadvertence warra
• Krilich v. Thomas
  973 So. 2d 1244· Fla. 4th DCA· 2008-01-30 ·cited 2×·via Abuse Of Discretion Standard For Denying Leave To Amend
  The Krilichs appealed the dismissal of their complaint for specific performance and the denial of their request to amend. The court affirmed the dismissal on the merits but reversed the denial of the amendment request, holding that the trial court abused its discretion in refusin
• Neals v. State
  972 So. 2d 1047· Fla. 3d DCA· 2008-01-23 ·cited 2×
  The court held that the trial court did not err in precluding defense counsel from introducing evidence during cross-examination of a detective regarding other robberies.
• Hood v. Mirna M. Valle
  979 So. 2d 961· Fla. 3d DCA· 2008-01-16 ·cited 2×
  Hood and State Farm appealed a jury verdict in a wrongful death case arising from an intoxicated driver collision that killed Maria Valle. The appellate court affirmed the verdict, finding no reversible error in the trial court's rulings on alleged attorney misconduct during open
• Madry v. State
  969 So. 2d 507· Fla. 1st DCA· 2007-11-20 ·cited 2×
  Tyrone Madry appeals the revocation of his probation, arguing the State failed to prove new law violations because it relied solely on an out-of-court statement by the alleged victim, David Smith, who testified at the revocation hearing that he never made such a statement and did
• Broward Cnty. Sheriff's Off. v. Brody
  969 So. 2d 447· Fla. 4th DCA· 2007-11-14 ·cited 2×·via Abuse Of Discretion Standard For Evidentiary Rulings
  The Broward County Sheriff's Office appealed a $30.6 million jury verdict awarded to the Brody family for catastrophic injuries sustained by their son Eric in a motor vehicle accident caused by a deputy sheriff. The appellate court affirmed the verdict, rejecting BSO's argument t
• HOO v. State
  969 So. 2d 411· Fla. 3d DCA· 2007-10-24 ·cited 2×
  Steven Alan Hoo appeals his civil commitment as a sexually violent predator under Florida's Jimmy Ryce Act, challenging the trial court's admission of testimony from the victim's mother regarding the victim's ongoing medical and psychological problems seventeen years after being
• Grunau v. Waage (In Re Grunau)
  376 B.R. 322· M.D. Fla.· 2007-09-24 ·cited 2×
  The court held that the bankruptcy court did not abuse its discretion by denying an evidentiary hearing, as the appellants failed to demonstrate disputed material facts and the bankruptcy court provided sufficient notice and opportunity to be heard. However, the case is remanded
• State v. Castro
  965 So. 2d 216· Fla. 3d DCA· 2007-09-05 ·cited 2×
  The State appealed a trial court's order denying restitution to a CVS pharmacy after defendant Castro pleaded guilty to grand theft of cologne. The court reversed and remanded, holding that the trial court abused its discretion by denying restitution without clear and compelling
• J.W. a Child v. State
  958 So. 2d 1143· Fla. 4th DCA· 2007-06-27 ·cited 2×
  The appellate court held that the trial court abused its discretion by departing from the Department of Juvenile Justice's recommendation without sufficient articulated reasons and by imposing an overly broad special condition.
• Johnston v. Tampa Sports Auth.
  490 F.3d 820· 11th Cir.· 2007-06-26 ·cited 2×
  The Eleventh Circuit reversed a district court's preliminary injunction against the Tampa Sports Authority's pat-down search policy at Raymond James Stadium, holding that a season ticket holder voluntarily consented to the searches through his knowledge of the policy, multiple op
• LeFAVE v. Bordonaro
  975 So. 2d 470· Fla. 2d DCA· 2007-05-23 ·cited 2×
  In this negligence case arising from an automobile accident, the Florida Second District Court of Appeal reversed a jury verdict and denial of a new trial motion, holding that the trial court abused its discretion by allowing opposing counsel to improperly suggest that the defend
• Narducci v. State
  952 So. 2d 622· Fla. 4th DCA· 2007-04-02 ·cited 2×
  The appellate court held that the trial court abused its discretion by denying a bond reduction based on the nature of the offense rather than legally relevant factors, effectively denying bail.
• Felton v. State
  949 So. 2d 342· Fla. 4th DCA· 2007-02-28 ·cited 2×
  The court held that the trial court improperly restricted the defendant's cross-examination of the victim regarding her methadone use at the time of the incident, requiring a new trial.
• Jahmarley Boland v. State
  946 So. 2d 642· Fla. 4th DCA· 2007-01-24 ·cited 2×
  Jahmarley Boland was convicted of three counts of robbery with a firearm and one count of armed burglary while wearing a mask. The Florida Fourth District Court of Appeal reversed and remanded because the trial court abused its discretion by denying Boland's motion for a continua
• Aumuller v. State
  944 So. 2d 1137· Fla. 2d DCA· 2006-12-08 ·cited 2×
  Michael Aumuller was convicted of first-degree murder by drug distribution after he sold heroin that caused the death of Jairon Nevius. Aumuller challenged his conviction on appeal, arguing the trial court erred in refusing to instruct the jury on a potential break in the chain o
• Esig Perlow v. Berg-Perlow
  943 So. 2d 878· Fla. 4th DCA· 2006-11-22 ·cited 2×
  Former Husband appeals the trial court's denial of his motion to vacate attorney's fees awards to Former Wife in a dissolution of marriage case. The Former Husband argues that the Supreme Court's reversal of the final judgment requires vacatur of the fee awards, but the appellate
• Lietty Pubillones v. Lyons
  943 So. 2d 881· Fla. 3d DCA· 2006-11-22 ·cited 2×
  The appellate court affirmed the trial court's denial of the wife's motion for attorney's fees, finding competent substantial evidence that she voluntarily limited her income.
• Waller v. State
  943 So. 2d 865· Fla. 3d DCA· 2006-11-15 ·cited 2×
  Byron Waller appeals his conviction for aggravated battery, challenging the admission of evidence that he threatened witnesses prior to trial. The Florida District Court of Appeal affirms, holding that evidence of witness intimidation is relevant to show consciousness of guilt an
• Kings Gourmet Mkt., Inc. v. Hertz-Kusz
  941 So. 2d 1195· Fla. 4th DCA· 2006-11-01 ·cited 2×
  This case involves an appeal by Kings Gourmet Market after a trial court granted an additur to a plaintiff's damages in a slip-and-fall case. The appellate court affirmed the trial court's decision, finding no abuse of discretion in awarding future non-economic damages.
• Sola v. Sylvette Noemi Sola
  940 So. 2d 1206· Fla. 2d DCA· 2006-10-27 ·cited 2×
  In this consolidated appeal from a marital dissolution, the Second District reversed the permanent periodic alimony award because the trial court improperly included a mortgage payment expense that the wife no longer had at the time of the final hearing, but affirmed the attorney
• State v. Hamner
  942 So. 2d 433· Fla. 4th DCA· 2006-10-25 ·cited 2×
  John Dean Hamner was convicted by jury of sexual battery without physical force. The trial court imposed a downward departure sentence of 30 months in the Department of Corrections. On appeal, the State challenged the downward departure sentence, while Hamner cross-appealed on ev
• Howard v. Fla. Parole Comm'n
  939 So. 2d 247· Fla. 1st DCA· 2006-10-16 ·cited 2×
  Tyrone Howard, an incarcerated individual, sought certiorari review of a circuit court order denying his habeas corpus petition challenging the Florida Parole Commission's refusal to set an effective parole release date. The appellate court held that the circuit court committed a
• Guardian AD Litem Program v. Dep't OF Child. & Families
  936 So. 2d 1183· Fla. 5th DCA· 2006-08-25 ·cited 2×
  A guardian ad litem program sought review of a trial court's decision to deny a motion for postdisposition change of placement and visitation in a child dependency case. The court affirmed the trial judge's decision to keep a child placed with her paternal grandparent (along with
• CSX Transp., Inc. v. Deem
  933 So. 2d 673· Fla. 1st DCA· 2006-07-13 ·cited 2×
  A trial court does not abuse its discretion in denying a motion to dismiss on forum non conveniens grounds when the balance of private interests does not favor an alternate forum and does not substantially support transferring the case despite the availability of an alternative f
• Williams v. State
  933 So. 2d 671· Fla. 1st DCA· 2006-07-13 ·cited 2×
  Appellant Williams appealed her convictions for battery on a police officer and resisting arrest with violence, arguing the trial court erred in denying her motion for new trial based on juror misconduct. Although the appellate court agreed the trial court erroneously found the j
• The Sch. Bd. OF Broward Cnty. v. Trintec Constr., Inc.
  936 So. 2d 655· Fla. 4th DCA· 2006-07-05 ·cited 2×
  The School Board of Broward County appealed a jury verdict favoring construction contractor Trintec Construction and its surety on a contract dispute claim for additional compensation. The appellate court affirmed, rejecting the School Board's challenges to jury selection and den
• Pasteur Med. Ctr., Inc. v. Wellcare OF Fla., Inc.
  943 So. 2d 144· Fla. 3d DCA· 2006-06-28 ·cited 2×
  Pasteur Medical Center and health insurance agents challenged a Special Master's impartiality and sought his disqualification, arguing that his communications to the trial court about case progress and fee applications demonstrated bias. The appellate court upheld the trial judge
• Meyer v. Meyer
  931 So. 2d 268· Fla. 5th DCA· 2006-06-23 ·cited 2×
  Joseph and Anthony Meyer appealed a trial court's denial of their motion to dismiss a trust dispute filed by their former stepmother Laurie Meyer in Florida state court. The appellate court reversed, finding the trial court failed to properly apply Florida's venue statute for tru
• Gatten v. Lenka Zachar, M.D.
  932 So. 2d 543· Fla. 5th DCA· 2006-06-23 ·cited 2×
  In this medical malpractice appeal, Evelyn Gatten challenged a jury verdict finding no negligence by Dr. Lenka Zachar in her husband's death. The appellate court affirmed the trial court's denial of Gatten's mistrial motion, holding that the trial court did not abuse its discreti
• Joslin v. Joslin
  933 So. 2d 106· Fla. 5th DCA· 2006-05-26 ·cited 2×
• Harrell v. Hahn
  929 So. 2d 675· Fla. 5th DCA· 2006-05-19 ·cited 2×
• State v. Taylor
  928 So. 2d 473· Fla. 1st DCA· 2006-05-04 ·cited 2×
  The State sought certiorari review of a trial court's order denying its motion in limine to exclude testimony about prior sexual allegations the victim made against her biological father. The court held that the State failed to meet the extraordinary standard for certiorari relie
• Ashley v. State
  925 So. 2d 1117· Fla. 5th DCA· 2006-04-13 ·cited 2×
  Irvin Ashley appeals the revocation of his community control based on a conviction for maintaining a drug dwelling. The court reverses, holding that the evidence was insufficient to prove Ashley maintained the residence for drug purposes, as he lacked legal ownership or control o
• Byrd v. Moltech Power Sys. & Amerisure Ins.
  928 So. 2d 398· Fla. 1st DCA· 2006-04-11 ·cited 2×
  The appellate court affirmed the JCC's attorney fee award, finding no abuse of discretion in admitting defense counsel's billing records or in the fee calculation.
• Stabak v. Tropical Breeze Ests., Inc.
  925 So. 2d 1104· Fla. 4th DCA· 2006-04-05 ·cited 2×
  A default judgment for discovery violations is an abuse of discretion if the trial court does not make express written findings of willful or deliberate disregard of its order.
• Fimber Frederick v. State
  923 So. 2d 1288· Fla. 5th DCA· 2006-03-31 ·cited 2×
• Blackmon v. State
  920 So. 2d 1284· Fla. 4th DCA· 2006-03-01 ·cited 2×
  Johnathan Blackmon was convicted of first-degree premeditated murder of his wife after shooting her multiple times. On appeal, he challenged the admission of angry writings found in his truck, arguing they were irrelevant to premeditation. The court affirmed the conviction, holdi
• Hamilton v. Hamilton
  922 So. 2d 263· Fla. 2d DCA· 2006-01-27 ·cited 2×
  John Hamilton appeals a divorce judgment that awarded primary residential custody of the parties' young daughter to his ex-wife Grace despite her history of alcoholism and mental health issues. The appellate court reversed the custody award, finding no logic or justification for
• Mirian Gomez-Cruz v. Cruz
  919 So. 2d 559· Fla. 5th DCA· 2005-12-30 ·cited 2×
  A former wife appealed a judgment denying her request for permanent alimony in a marriage dissolution. The trial court found no identifiable medical diagnosis preventing her from working, noting her prior law enforcement experience and office management skills, and the appellate
• Gold v. Rodriguez
  914 So. 2d 528· Fla. 4th DCA· 2005-11-23 ·cited 2×
• Grob v. Bieluch
  912 So. 2d 666· Fla. 4th DCA· 2005-10-05 ·cited 2×
• Colin Orpe v. Carnival Corp. & Gary Ferris
  909 So. 2d 929· Fla. 3d DCA· 2005-08-03 ·cited 2×
  Colin Orpe appeals a negligence judgment after the trial court excluded his sole liability expert's testimony regarding ship safety measures. The appellate court reversed, holding that the expert was qualified and the subject matter was appropriate for expert testimony, and that
• C.W. v. Dept. OF Child. & Fam. Servs.
  904 So. 2d 588· Fla. 3d DCA· 2005-06-15 ·cited 2×
  The appellate court affirmed the trial court's orders, finding no abuse of discretion and sufficient evidence of neglect.
• Carta v. Carta
  903 So. 2d 300· Fla. 3d DCA· 2005-06-08 ·cited 2×
  In this Florida family law appeal, a husband challenges orders denying his motion to dismiss for lack of subject matter jurisdiction and denying his motion for relief from an order to break his safe deposit box to satisfy interim attorney's fees awarded to his wife. The appellate
• Sterling Casino Lines, L.P. v. Plowman-Render
  902 So. 2d 938· Fla. 5th DCA· 2005-06-03 ·cited 2×·via Abuse Of Discretion Standard For Evidence Admission
  Sterling Casino Lines appeals a judgment for a passenger injured on one of its cruise ships, arguing the trial court abused its discretion by admitting irrelevant character evidence about Sterling's key witness (an EMT) that unfairly prejudiced the jury against Sterling's defense
• Higgins v. State
  899 So. 2d 1251· Fla. 4th DCA· 2005-04-20 ·cited 2×
  Lee Higgins appeals his conviction for possession of marijuana less than 20 grams, challenging the admissibility of a Valtox field test evidence. The Florida Fourth District Court of Appeal affirmed the conviction, holding that the trial judge did not abuse discretion in admittin