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

• Classical Fin. Servs., L.L.C. v. G2 Res., Inc.
  898 So. 2d 251· Fla. 4th DCA· 2005-03-16 ·cited 2×
  Classical Financial Services appealed a trial court's dismissal of its lawsuit for failure to prosecute under Florida Rule 1.420(e). The court rejected the plaintiff's argument that the severe illness of its chief manager, Dennis Terhune, constituted good cause for the sixteen-mo
• Link v. Link
  897 So. 2d 533· Fla. 5th DCA· 2005-03-04 ·cited 2×
  Ann W. Link appeals the trial court's division of marital assets in her 30-year marriage dissolution. The Florida appellate court affirmed the trial court's distribution of assets, finding no abuse of discretion in awarding the former wife a vacant property, denying her request f
• Bland v. State
  896 So. 2d 937· Fla. 1st DCA· 2005-03-04 ·cited 2×
  Roy Bland appeals the revocation of his probation following a conviction for possession of controlled substances. The court affirmed the trial court's finding that Bland willfully and substantially violated a probation condition prohibiting association with persons engaged in cri
• Eaton Corp. & Gab Robins N. Am., Inc. v. Dottie Votour
  895 So. 2d 466· Fla. 1st DCA· 2005-02-07 ·cited 2×
  Eaton Corporation and GAB Robins North America appealed a workers' compensation judge's order awarding disability benefits to an employee with a shoulder injury. The appellate court reversed, holding that the trial judge abused her discretion by excluding surveillance videos that
• Russell v. Russell
  890 So. 2d 1148· Fla. 4th DCA· 2004-12-15 ·cited 2×
  An award of lump sum alimony in the form of the husband's interest in the marital home is not an abuse of discretion where the wife's parents substantially funded the parties' assets and lifestyle, and the trial court reasonably concluded that lump sum alimony combined with reduc
• Lodge Constr., Inc. v. Monroe Cnty.
  891 So. 2d 568· Fla. 3d DCA· 2004-11-24 ·cited 2×·via Abuse Of Discretion Standard For Evidence Admission
  Florida appellate court reversed summary judgment for Monroe County on breach of contract liability and directed verdict for architect Bender because deposition testimony of Lodge's principal raised genuine issues of material fact precluding summary judgment.
• Wilson v. State
  884 So. 2d 1036· Fla. 4th DCA· 2004-10-13 ·cited 2×
  The appellate court affirmed a conviction for attempted lewd or lascivious molestation. The court rejected the appellant's arguments that the state failed to exclude a reasonable hypothesis of innocence and that the trial court erred in re-instructing the jury.
• Nault v. Su Nault
  883 So. 2d 894· Fla. 2d DCA· 2004-10-01 ·cited 2×
  The court held that the trial court did not abuse its discretion in awarding temporary attorney's fees to the Wife.
• Flood v. Union Planters Bank of Fla.
  878 So. 2d 407· Fla. 3d DCA· 2004-06-16 ·cited 2×
  Thomas Flood appealed a judgment against him in a breach of contract action following his termination after a merger. The court affirmed, finding that Union Planters offered comparable substitute benefits as required by Flood's employment agreement, and that Flood must repay a $5
• Moore v. McCLUSKEY
  875 So. 2d 760· Fla. 4th DCA· 2004-06-16 ·cited 2×
  The trial court abused its discretion by dismissing the entire complaint for failure to serve one defendant, when that defendant was actively evading service and the plaintiff had shown good cause for extensions.
• Barfield v. State
  880 So. 2d 768· Fla. 2d DCA· 2004-06-16 ·cited 2×
  Timothy Barfield was convicted of first-degree murder and burglary with assault or battery after a stolen pickup truck accident killed the truck owner. The Florida appellate court reversed and remanded for a new trial because the trial court improperly excluded expert testimony f
• Lowrey v. LEE
  873 So. 2d 604· Fla. 5th DCA· 2004-05-28 ·cited 2×
  The appellate court affirmed the trial court's designation of the father as the primary residential custodian.
• Banco Latino Int'l v. Gomez-Lopez (In Re Banco Latino International)
  310 B.R. 780· S.D. Fla.· 2004-05-19 ·cited 2×
  The bankruptcy court abused its discretion by allowing creditors to file indemnification claims beyond the established bar date, as their failure to file was a deliberate choice, not excusable neglect.
• Int'l Truck & Engine Corp. v. Cap. Truck, Inc.
  872 So. 2d 372· Fla. 1st DCA· 2004-04-28 ·cited 2×·via Abuse Of Administrative Discretion
  ITEC and Ward sought review of a DHSMV order abating administrative proceedings regarding a motor vehicle dealership license for Ward. The court held that the agency's abatement was arbitrary and without legal basis, as it effectively granted an unauthorized stay despite a final
• Sears Roebuck & Co. v. Williams
  877 So. 2d 5· Fla. 3d DCA· 2004-03-31 ·cited 2×
  When the record reflects that different inferences can be made as to an agency relationship, summary judgment on vicarious liability is improper and the question must go to a jury.
• Rosier v. State
  864 So. 2d 1285· Fla. 1st DCA· 2004-02-06 ·cited 2×
  Florida appellate court affirmed drug trafficking convictions and sentences, rejecting challenges to cross-examination limitations and Criminal Punishment Code scoresheet calculations.
• Prevatt v. State
  866 So. 2d 729· Fla. 5th DCA· 2004-01-23 ·cited 2×
  Randal Prevatt appeals his manslaughter conviction for the beating death of Keith Parks, challenging the exclusion of his co-defendant's out-of-court statement accepting sole responsibility, the denial of an 'independent act' jury instruction, and the admission of autopsy photogr
• F.R. a Child v. State
  860 So. 2d 501· Fla. 4th DCA· 2003-11-26 ·cited 2×
  The trial court abused its discretion by excluding a critical defense witness as a sanction for untimely disclosure without considering less drastic remedies.
• Cousin v. State
  859 So. 2d 577· Fla. 5th DCA· 2003-11-21 ·cited 2×
  The court held that the trial court did not abuse its discretion in consolidating the two cases against the defendant.
• J.R. v. State
  857 So. 2d 983· Fla. 4th DCA· 2003-10-29 ·cited 2×
  A trial court may not order restitution for damages in a delinquency case without competent substantial evidence establishing both a causal connection between the offense and the loss and a significant relationship between them.
• Hunt v. Hunt
  855 So. 2d 1181· Fla. 1st DCA· 2003-10-03 ·cited 2×
  The Florida District Court of Appeal affirmed a civil contempt finding against William T. Hunt for failing to pay alimony to his former wife Linda C. Hunt from October 2001 to February 2002. The court rejected Hunt's arguments that his failure to pay was justified by obligations
• Riley v. Assocs. Home Equity Servs., Inc.
  850 So. 2d 661· Fla. 1st DCA· 2003-07-28 ·cited 2×
  Timmy Riley, a third-party member of the public, objected to a foreclosure sale, claiming improper publication. The trial court struck his objection as frivolous and imposed sanctions. The appellate court affirmed, holding that Riley received proper notice and opportunity to be h
• Nor-Tech Powerboats, Inc. v. H.P.B.C.
  855 So. 2d 103· Fla. 2d DCA· 2003-07-02 ·cited 2×·via Abuse Of Discretion Standard For New Trial Motions
  Nor-Tech Powerboats appealed a trial court's decision to grant a new trial to the Manufacturer defendants after a jury verdict for the Dealer. The appellate court reversed, holding that the Dealer's consistent pleading and proof of breach of an oral agreement did not constitute a
• Crawley v. State
  851 So. 2d 739· Fla. 2d DCA· 2003-06-04 ·cited 2×
  Peter Crawley appeals the revocation of his community control and denial of his motion to withdraw his guilty plea. The Florida Second District Court of Appeal affirmed both the revocation and the denial of the withdrawal motion, finding that Crawley's plea was voluntary and that
• Thomas v. State
  846 So. 2d 634· Fla. 1st DCA· 2003-05-29 ·cited 2×
• Int'l Union of Police Ass'ns v. State
  855 So. 2d 76· Fla. 1st DCA· 2003-05-20 ·cited 2×
  The International Union of Police Associations appeals PERC's failure to restore the status quo ante regarding work schedules after the state unilaterally implemented changes without completing collective bargaining. The court holds that PERC abused its discretion and orders rest
• Desmond Brown v. Allstate Ins. Co.
  838 So. 2d 1264· Fla. 5th DCA· 2003-03-14 ·cited 2×
  Brown appealed a trial court's dismissal of his insurance claim against Allstate based on his intentional misrepresentation regarding his employment status during deposition. The court affirmed the dismissal, holding that a plaintiff's fraud in concealing a material fact central
• Schriefer v. Schriefer
  831 So. 2d 1284· Fla. 5th DCA· 2002-12-20 ·cited 2×
  In this divorce dissolution appeal, the former wife challenges the trial court's unequal distribution of marital assets in a two-year marriage. The court found the wife had wrongfully appropriated marital funds and lacked credibility, resulting in an award to her of approximately
• Cardona v. State
  835 So. 2d 297· Fla. 5th DCA· 2002-12-20 ·cited 2×
• Montgomery v. State
  826 So. 2d 531· Fla. 5th DCA· 2002-09-27 ·cited 2×
  The court held that the trial court did not abuse its discretion in denying the motion for post-conviction relief based on recantation testimony.
• Barclay's Bank PLC v. Dresdner Bank Lateinamerika A.G. (In Re Lancaster Steel Co.)
  284 B.R. 152· S.D. Fla.· 2002-09-03 ·cited 2×
  The court held that the bankruptcy court erred in granting summary judgment for the issuer of a letter of credit, as the funds drawn in excess of the amount needed for retainage were property of the bankruptcy estate, not the issuer, due to the independence principle of letter of
• Abolila v. Brigitte Abolila
  823 So. 2d 300· Fla. 3d DCA· 2002-08-14 ·cited 2×·via Abuse Of Discretion Standard For Attorney'S Fees
• Halvert Swanson v. State
  823 So. 2d 281· Fla. 5th DCA· 2002-08-09 ·cited 2×·via Abuse Of Discretion Standard On Appeal
  The court held that the trial court did not err in admitting expert testimony regarding a child victim's confusion about anatomical terms and in finding no discovery violation.
• City OF Gainesville v. Watson Constr. Co., Inc.
  815 So. 2d 785· Fla. 1st DCA· 2002-05-13 ·cited 2×
  The City of Gainesville appealed a trial court's grant of temporary injunctive relief against enforcement of a development permit moratorium. The appellate court affirmed the injunction on the merits but remanded for the trial court to address the bond requirement mandated by rul
• Chase v. Lavender
  810 So. 2d 1004· Fla. 5th DCA· 2002-02-22 ·cited 2×
  Naomi Chase appeals the dismissal of her action seeking revocation of trust amendments for failure to prosecute under Florida Rule 1.420(e). The court affirmed the dismissal, rejecting her argument that good cause existed to excuse a one-year period of inactivity based on the pen
• Panda Energy Int'l v. Jacobs
  813 So. 2d 46· Fla.· 2002-02-21 ·cited 2×
  The Florida Supreme Court affirmed the Public Service Commission's grant of a determination of need to Florida Power Corporation to construct the Hines 2 power plant. The court rejected Panda Energy International's challenges to the PSC's procedural handling, application of the n
• Kendrick Vasser v. State
  807 So. 2d 760· Fla. 5th DCA· 2002-02-15 ·cited 2×
• North v. Altech Yachts, Inc.
  815 So. 2d 643· Fla. 4th DCA· 2002-01-16 ·cited 2×
  North purchased a yacht from Altech/Regnicoli that sank in rough seas. North and his insurer sued for breach of express and implied warranties. The jury returned a verdict for the defendants. On appeal, the court reversed the denial of the motion for a new trial because the trial
• Faye A.T. Walker v. Walker
  796 So. 2d 569· Fla. 4th DCA· 2001-09-05 ·cited 2×
  The court held that the trial court did not abuse its discretion in consolidating two child support petitions and establishing temporary support for all three children.
• Spikes v. J. Patrick Neal, M.D.
  792 So. 2d 571· Fla. 1st DCA· 2001-07-24 ·cited 2×
  The court affirmed the trial court's dismissal of a medical malpractice action for failure to prosecute. After the plaintiffs obtained a continuance of their April 1999 trial and failed to re-notice it for trial, and took no meaningful record activity for over a year, the trial c
• Albright v. Albright
  788 So. 2d 1125· Fla. 4th DCA· 2001-07-11 ·cited 2×
  Robert Albright appeals a trial court contempt order holding him in contempt for failure to pay alimony to his ex-wife and ordering incarceration until he pays the arrearage of approximately $24,000. The appellate court affirms, finding sufficient evidence that Albright possessed
• Osherow v. Shepard D. Osherow
  785 So. 2d 743· Fla. 4th DCA· 2001-05-30 ·cited 2×
  The appellate court affirmed the trial court's limited award of attorney's fees in a domestic case, holding that the trial court did not abuse its discretion in denying fees for a Rule 1.540 motion and reducing fees for multiple attorneys where necessity was not established.
• State v. Batterton
  784 So. 2d 1259· Fla. 5th DCA· 2001-05-25 ·cited 2×
  The appellate court affirmed the trial court's order granting a new trial, finding no abuse of discretion.
• In re The Guardianship OF Anne Ruppert. Henry E. Nobles v. Hansen
  787 So. 2d 925· Fla. 2d DCA· 2001-05-18 ·cited 2×
  A guardianship attorney appealed the trial court's reduction of his attorneys' fees from $3,630 to $700 without adequate explanation. The Florida District Court of Appeal reversed, finding the trial judge abused his discretion by disregarding the general master's recommendation w
• Adams v. State
  783 So. 2d 1226· Fla. 5th DCA· 2001-05-11 ·cited 2×·via Abuse Of Discretion Standard For Evidentiary Rulings
  The court held that the trial court did not abuse its discretion in limiting cross-examination regarding a pending dependency proceeding because the testimony was irrelevant to the sole issue of the defendant's intent.
• Vega v. State
  781 So. 2d 1165· Fla. 3d DCA· 2001-04-04 ·cited 2×
  The trial court abused its discretion by failing to strike two prospective jurors for cause, necessitating a reversal of the conviction.
• Lopez v. State
  781 So. 2d 473· Fla. 3d DCA· 2001-03-14 ·cited 2×·via Abuse Of Discretion Standard For Evidentiary Rulings
  David Lopez appeals his conviction and sentence for armed robbery, attempted armed robbery, and battery. The appellate court affirmed his convictions but vacated and remanded his sentence on the attempted armed robbery count, finding the 40-year sentence with 30-year minimum mand
• Jensen v. State Farm Mut. Auto. Ins. Co.
  781 So. 2d 468· Fla. 5th DCA· 2001-03-09 ·cited 2×
  Trial court properly transferred venue from Orange County to Brevard County under Florida Statute § 47.122 based on the accident location, parties' residence at time of accident, location of witnesses and treating physician, and defendant's office location, with no abuse of discr
• Pate v. Carmine Pate
  777 So. 2d 468· Fla. 5th DCA· 2001-02-23 ·cited 2×
  The appellate court affirmed the trial court's order directing the mother to return the parties' minor child to Florida pending the custody action.
• WAY v. State
  774 So. 2d 896· Fla. 4th DCA· 2001-01-03 ·cited 2×
  The Fourth District Court of Appeal affirmed Antwan Way's first-degree murder conviction, holding that the trial court did not abuse its discretion in refusing to conduct mid-trial voir dire regarding jurors' exposure to newspaper articles about the case, and that admission of ev