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

• Labaton v. Denisha Mellert
  772 So. 2d 622· Fla. 4th DCA· 2000-12-13 ·cited 2×
  The court affirmed the amended final judgment, finding no abuse of discretion in the trial court's award of attorney fees, including a multiplier, and rejecting the appellant's challenges.
• Douglas W. David, D.O. v. Brown
  774 So. 2d 775· Fla. 4th DCA· 2000-12-06 ·cited 2×
  A jury found a physician guilty of medical malpractice in a wrongful death action and awarded $7.77 million in damages. The appellate court affirmed the verdict and the admission of evidence regarding the surviving spouse's traumatic childhood, holding such evidence was probative
• Worthington v. MacGREGOR
  771 So. 2d 576· Fla. 4th DCA· 2000-11-01 ·cited 2×
  Larry Worthington appeals a trial court decision modifying his former wife's visitation schedule with their two children. The appellate court reversed the modification of the visitation schedule but affirmed the denial of attorney's fees, finding the former wife failed to demonst
• Luptak v. Kutchins
  768 So. 2d 1196· Fla. 4th DCA· 2000-09-20 ·cited 2×
• Nastasi v. Thomas
  766 So. 2d 462· Fla. 4th DCA· 2000-09-06 ·cited 2×
• In re Scrap Metal Buyers of Tampa, Inc.
  253 B.R. 103· M.D. Fla.· 2000-08-31 ·cited 2×
  The court held that the bankruptcy court's adoption of a rebuttable presumption standard for awarding attorneys' fees under 11 U.S.C. § 303(i)(1) was appropriate, and that the petitioning creditors had met their burden to show fees were not warranted.
• H.L. Clark III v. Finger
  763 So. 2d 560· Fla. 5th DCA· 2000-08-04 ·cited 2×
  H.L. and Carol Clark appealed an order awarding fees to special master Krasny in a lengthy commercial property dispute. The Fifth District Court of Appeal affirmed the fee award, holding that the trial court did not abuse its discretion in compensating Krasny for his work as clos
• Mathis v. State
  760 So. 2d 1121· Fla. 4th DCA· 2000-07-05 ·cited 2×
  The court held that a prosecutor's comment implying prior incarceration, when combined with a lack of physical evidence and potential memory issues, was not harmless error and warranted reversal.
• Gibbs Constr. Co. & Fid. & Deposit Co. of Md. v. S. L. Page Corp.
  755 So. 2d 787· Fla. 2d DCA· 2000-04-14 ·cited 2×
  The School Board of Charlotte County and Gibbs Construction Company appealed conflicting attorney's fee awards from a construction dispute involving an HVAC system installation. The court reversed the award to Page Corporation and affirmed the award to Gibbs and Fidelity, holding
• Dzikowski v. Nsad Regulation
  247 B.R. 867· S.D. Fla.· 2000-04-14 ·cited 2×
  The court affirmed the bankruptcy court's order, holding that the funds in the trust account were not property of the debtor's estate because the debtor did not have control over them.
• State v. Fiorentino
  793 So. 2d 4· Fla. 3d DCA· 2000-03-24 ·cited 2×
  The State of Florida appeals a trial court's denial of its motion to extend the speedy trial period while the state pursued an interlocutory appeal of a suppression order. The court held that trial courts must liberally grant extension requests when the state appeals suppression
• Serenna Ann Beasley v. Beasley
  752 So. 2d 110· Fla. 5th DCA· 2000-03-03 ·cited 2×
  Serena Ann Beasley appeals a trial court's award of $1,100 per month permanent periodic alimony on remand from a previous appellate decision. The appellate court affirms, finding the trial court properly complied with the mandate to provide specific factual findings and record-ba
• Palmer v. State
  752 So. 2d 665· Fla. 2d DCA· 2000-01-26 ·cited 2×·via Abuse Of Discretion Standard For Continuance
  William Palmer appeals his conviction for robbery with a firearm, armed burglary, aggravated assault, and petit theft arising from an armed robbery of a pizza store. The court found merit in Palmer's arguments that the trial court abused its discretion by denying him the opportun
• Ezra Ladon Naylor v. State
  748 So. 2d 385· Fla. 3d DCA· 2000-01-19 ·cited 2×
  Ezra Naylor was convicted of first-degree murder and sentenced to life imprisonment without parole. On appeal, he challenged the admission of enlarged photographs of the victim's head wounds and testimony about guns found in a borrowed car, but both contentions failed—the first o
• Tex. Commerce Bank Nat'l Ass'n v. Nathanson
  763 So. 2d 1107· Fla. 4th DCA· 1999-12-22 ·cited 2×
  Texas Commerce Bank National Association appealed the trial court's rejection of its foreclosure sale bid because it tendered the clerk's fee via law firm cost account check instead of cash, despite the Palm Beach County Clerk's written policy accepting such checks. The Fourth Di
• Schwartz v. Schwartz
  750 So. 2d 679· Fla. 4th DCA· 1999-12-22 ·cited 2×
  In this Florida dissolution of marriage case, the husband appeals a final judgment dividing marital assets and denying him alimony. The appellate court reverses in part and affirms in part, finding that the trial court failed to properly account for tax consequences, incorrectly
• Coby v. Food World, Inc.
  746 So. 2d 570· Fla. 1st DCA· 1999-12-21 ·cited 2×
  An indigent prisoner's tort complaint against a grocery store was dismissed sua sponte under Florida's section 57.085, which authorizes dismissal of frivolous claims by incarcerated litigants. The appellate court reversed, holding that the trial court abused its discretion by dis
• McAFEE v. State
  745 So. 2d 590· Fla. 5th DCA· 1999-12-17 ·cited 2×
• Wilkie v. State
  747 So. 2d 994· Fla. 4th DCA· 1999-12-01 ·cited 2×
  Mark Wilkie appeals his conviction for burglary of a dwelling with assault with a dangerous weapon, challenging the trial court's decision to consolidate jury selection for his trial with an unrelated trial where his attorney also represented the defendant. The appellate court af
• White v. State
  736 So. 2d 1226· Fla. 3d DCA· 1999-06-16 ·cited 2×
  A probation violation for failure to pay restitution cannot be found where the evidence shows the probationer paid as much as she was able to pay and the failure was not willful.
• Porter v. State
  736 So. 2d 716· Fla. 2d DCA· 1999-06-11 ·cited 2×
  Keith Porter appealed his aggravated battery conviction, challenging the trial court's denial of his motion for a continuance to allow time for mental health expert testimony on an insanity defense. The court reversed and remanded for a new trial, finding the trial court abused i
• Wal-Mart Stores, Inc. v. Gutierrez
  731 So. 2d 151· Fla. 3d DCA· 1999-04-28 ·cited 2×
• Cleomene Alexandre and Edner Francois v. Staci Lee Meyer
  722 So. 2d 904· Fla. 4th DCA· 1998-12-02 ·cited 2×
  Defendants appealed the trial court's order striking an undisclosed expert witness served on a supplemental witness list closer to trial than authorized by the pretrial order. The Fourth District affirmed, holding that the trial court did not abuse its discretion in striking the
• Lucien Metiver v. State
  720 So. 2d 1170· Fla. 4th DCA· 1998-11-25 ·cited 2×
  The court affirmed the trial court's denial of attorney's fees to successful claimants in a forfeiture proceeding, holding that the seizing agency proceeded in good faith and did not grossly abuse its discretion.
• Doss v. Steger & Steger, P.A.
  720 So. 2d 1137· Fla. 4th DCA· 1998-11-12 ·cited 2×
  The trial court abused its discretion in finding 'good cause' to deny the motion to dismiss for failure to prosecute, as the appellee's stated reasons did not constitute excusable conduct or sufficient justification for the prolonged inaction.
• Dep't of Child. & Fam. Servs. v. M.B. and L.B.
  717 So. 2d 607· Fla. 4th DCA· 1998-09-16 ·cited 2×
  The Department of Children and Family Services appealed a trial court order denying its petition for dependency and directing the return of children to their parents. The Fourth District Court of Appeal affirmed, holding that while the children were at risk of emotional harm from
• Delahoz v. State
  748 So. 2d 288· Fla. 4th DCA· 1998-08-26 ·cited 2×
  Florida appellate court affirmed conviction and sentence, holding that trial court properly refused to withdraw guilty plea where defendant claimed he was misled about sentencing range, finding no abuse of discretion in the trial court's factual determination that no promises wer
• Scales v. Swill
  715 So. 2d 1059· Fla. 5th DCA· 1998-07-31 ·cited 2×
  Scales appealed trial court orders requiring him to travel from Lake County to Orange County for an independent medical examination by Dr. Uricchio and denying his motion to strike Uricchio as a witness. The Fifth District Court of Appeal, treating the matter as a petition for wr
• Martinez v. State
  712 So. 2d 818· Fla. 2d DCA· 1998-07-08 ·cited 2×
  Richard Martinez appeals his convictions for first-degree murder and attempted first-degree murder, claiming the trial court erred in finding him competent to proceed mid-trial despite evidence of mental decompensation. The appellate court reversed, holding that the trial court's
• Mazzouccolo v. Gardner, McLAIN & Perlman, M.D., P.A.
  714 So. 2d 534· Fla. 4th DCA· 1998-06-17 ·cited 2×
  A party fails to preserve a gender-based peremptory strike challenge for appeal when it accepts the jury without renewing the objection or conditioning acceptance upon the previous objection. Additionally, a party seeking a new trial based on juror concealment must establish that
• OLD Republic Sur. Co. v. Reischmann
  713 So. 2d 434· Fla. 2d DCA· 1998-06-03 ·cited 2×
  Old Republic Surety Company appealed a probate court judgment requiring it to pay attorneys' fees and costs exceeding the $50,000 penal sum of a guardianship bond. The court affirmed, holding that under Nichols v. Preferred National Insurance Co., a surety can be liable for attor
• Beerman v. Rollar
  710 So. 2d 93· Fla. 4th DCA· 1998-04-15 ·cited 2×·via Abuse Of Discretion Standard For Evidentiary Rulings
  Margaret Beerman appealed a jury verdict in a personal injury case arising from an automobile accident, challenging the trial court's limitation on cross-examination of the defendant's medical expert regarding his prior work for defense counsel. The Fourth District affirmed, hold
• Paul A. Thompson, M.D. v. Marissa Deane
  703 So. 2d 1215· Fla. 5th DCA· 1997-12-31 ·cited 2×·via Abuse Of Discretion Standard For Continuance
  A physician defendant in a medical malpractice action sought certiorari review of a trial court order denying his motion to dismiss an amended complaint alleging he negligently failed to disclose his surgical experience and hospital support limitations to parents before operating
• Karlynn Blagrove v. Smith
  701 So. 2d 584· Fla. 5th DCA· 1997-10-10 ·cited 2×
  The court held that the trial court did not abuse its discretion in ordering independent medical examinations in Tampa, Florida, as the location was reasonable.
• Pate v. State
  698 So. 2d 609· Fla. 4th DCA· 1997-08-20 ·cited 2×
  Gregory Pate was convicted of battery on a law enforcement officer after he kicked an officer during arrest. On appeal, Pate challenged the trial court's admission of statements he made during transport to the police station in which he threatened to kill the officers. The Fourth
• Baldwin v. State
  694 So. 2d 125· Fla. 5th DCA· 1997-05-30 ·cited 2×
  Anthony Baldwin appealed his conviction for two counts of battery on a law enforcement officer, challenging the trial court's exclusion of a booking photograph showing a bruised and swollen eye taken hours after the altercations. The court affirmed, finding the photograph was pro
• Schraw v. Est. OF Robert J. Hester, III
  693 So. 2d 721· Fla. 5th DCA· 1997-05-23 ·cited 2×
  Appellant Schraw appealed the trial court's denial of his request to amend his complaint after dismissal, arguing the court abused its discretion by not being lenient with pro se filings. The appellate court affirmed, holding that the trial court properly exercised its discretion
• Dawane Mitchell v. State
  695 So. 2d 810· Fla. 3d DCA· 1997-05-21 ·cited 2×
  The court held that the trial court did not abuse its discretion in sentencing, denying a motion to exclude evidence, or excluding evidence under the Rape Shield Law.
• Life Care Ctrs. OF Am., Inc. v. Health Care & Ret. Corp. OF Am. & Agency for Health Care Admin.
  692 So. 2d 243· Fla. 1st DCA· 1997-04-23 ·cited 2×·via Abuse Of Agency Discretion
  Life Care Centers of America appealed the denial of its Certificate of Need (CON) application for a nursing home, arguing the agency's decision was contrary to the record evidence and based on invalid legal conclusions. The court affirmed the agency's approval of a competing appl
• Eloy Artiles v. State
  691 So. 2d 1130· Fla. 4th DCA· 1997-04-02 ·cited 2×
  The court reversed Eloy Artiles' criminal conviction because the trial court abused its discretion by refusing to continue a competency hearing, which deprived him of his constitutionally guaranteed right to a confidential expert examination. The case addresses the fundamental ri
• State v. Jones
  689 So. 2d 1264· Fla. 1st DCA· 1997-03-19 ·cited 2×
• Bloch v. Bloch
  688 So. 2d 945· Fla. 3d DCA· 1997-02-12 ·cited 2×
  Edward and Margaret Bloch appealed and cross-appealed a final judgment dissolving their marriage, raising disputes over alimony awards, security requirements, equitable distribution of assets, and attorney's fees. The court affirmed the trial court's judgment in its entirety, fin
• United States Emp'rs Consumer Self-Insurance Fund v. Payroll Transfers, Inc.
  678 So. 2d 908· Fla. 2d DCA· 1996-08-28 ·cited 2×
  The receiver for a failed workers' compensation insurance fund appeals a summary judgment granted against it in a premium collection action. The Florida appellate court reverses, finding the trial court abused its discretion by denying the receiver's motion for continuance when t
• Manley v. State
  677 So. 2d 104· Fla. 5th DCA· 1996-07-26 ·cited 2×·via Abuse Of Discretion Standard For Evidence Admission
  Mark Shawn Manley appeals his convictions for second degree murder, aggravated battery, and battery, challenging the trial court's admission of two photographs showing injuries inflicted by his brother on a third party. The appellate court affirmed, holding that the photographs w
• Joseph S. Arrigo Motor Co., Inc. v. Lasserre
  678 So. 2d 396· Fla. 1st DCA· 1996-07-12 ·cited 2×·via Abuse Of Discretion Standard For Attorney'S Fees
  A landlord sued a commercial lessee and personal guarantor for breach of a five-year commercial lease after the lessee assigned the lease to a third party who vacated. The court affirmed the finding of breach but reduced damages to reflect the landlord's duty to mitigate by relet
• City OF Ocala v. RED OAK Farm, Inc.
  673 So. 2d 86· Fla. 5th DCA· 1996-04-12 ·cited 2×
  The dissenting opinion argues that the trial court did not err in excluding evidence of FPC easements, as this evidence was irrelevant and potentially confusing to the jury in a condemnation case.
• Musso v. Ciro Musso
  670 So. 2d 122· Fla. 4th DCA· 1996-03-06 ·cited 2×
• Dorrett Angela Atkins v. Hansel
  668 So. 2d 663· Fla. 3d DCA· 1996-02-21 ·cited 2×·via Abuse Of Discretion Standard For New Trial Motions
  The appellate court reversed the trial court's order granting a new trial, holding that credibility determinations and damage awards are jury questions and the trial court abused its discretion in setting aside a verdict without showing it was against the manifest weight of the e
• State v. Arnold
  670 So. 2d 96· Fla. 1st DCA· 1996-02-20 ·cited 2×
  The Florida Department of Health and Rehabilitative Services (HRS) appealed a trial court's decision to grant a new trial to Martin L. Arnold, a patient injured at a state hospital. The appellate court affirmed the new trial, finding no abuse of discretion, but reversed in part o
• Overbey v. Overbey
  664 So. 2d 351· Fla. 5th DCA· 1995-12-15 ·cited 2×