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

• Yanelis Leon Gonzalez v. Reyes
  302 So. 3d 1045· Fla. 2d DCA· 2020-08-28 ·cited 1×
  The appellate court reversed a trial court's denial of attorney's fees in a dissolution of marriage case. The trial court's calculations of each party's net income were found to be erroneous, leading to an improper denial of the fee motion.
• Varchetti v. Varchetti
  302 So. 3d 408· Fla. 4th DCA· 2020-08-26 ·cited 1×
  Paul Varchetti appeals the trial court's denial of his motion to change venue to Michigan on forum non conveniens grounds, which was rejected as untimely under Florida Rule of Civil Procedure 1.061(g). The appellate court reversed, holding that Rule 1.061(g) does not apply to fam
• Mackenson Cherisme v. State
  306 So. 3d 1166· Fla. 3d DCA· 2020-08-26 ·cited 1×
• Steiger v. State
  301 So. 3d 485· Fla. 1st DCA· 2020-08-25 ·cited 1×
  The appellate court affirmed a defendant's conviction for second-degree murder. The defendant argued ineffective assistance of counsel and improper admission of autopsy photographs, but the court found his ineffective assistance claims were not preserved for direct appeal and tha
• Dale v. Viktoria Schaub & State Farm Mut. Auto. Inurance Co.
  301 So. 3d 1000· Fla. 4th DCA· 2020-08-19 ·cited 1×
  The appellate court reversed a trial court's decision that denied a motion to withdraw a settlement proposal due to a unilateral mistake and lack of client authorization. The court found that the attorney's error in offering a fraction of the policy limits was not an inexcusable
• Turner v. State
  311 So. 3d 185· Fla. 2d DCA· 2020-08-07 ·cited 1×·via Abuse Of Discretion Standard For Continuance
  The appellate court reversed a burglary conviction because the trial court abused its discretion by denying the defendant's motion for a continuance. The State had significantly amended the charges and added new witnesses just before trial, leaving the defendant insufficient time
• Tavares v. Patrice Shante Enoch
  301 So. 3d 1106· Fla. 4th DCA· 2020-08-05 ·cited 1×
  A father appeals from a final judgment establishing a parenting plan favoring the mother in a custody dispute. The father raises three issues: the trial court's eight-and-a-half month delay in issuing its judgment with alleged factual errors, the court's failure to rule on his in
• Gore v. Shasta Denise Smith
  306 So. 3d 997· Fla. 3d DCA· 2020-07-29 ·cited 1×
  The appellate court affirmed a lower court's decision to increase child support due to a substantial change in circumstances, specifically the father's significantly increased income. However, it reversed and remanded a portion of the order regarding the amount awarded to the mot
• City of Miami Beach v. 3098 Alton Rd., LLC
  40 Fla. L. Weekly D2232· Fla. 3d DCA· 2020-07-15 ·cited 1×
  The City of Miami Beach appealed a lower court's order to restore water service to a property owner. The appellate court affirmed, holding that the city's code did not permit it to refuse service based on unpaid fines for unrelated ordinance violations.
• Baron v. Baron
  300 So. 3d 369· Fla. 1st DCA· 2020-07-15 ·cited 1×
  The appellate court reversed a trial court's decision to award limited durational alimony in a long-term marriage, finding it an abuse of discretion. The court remanded the case to determine permanent periodic alimony and attorney's fees.
• Newman v. State
  300 So. 3d 360· Fla. 1st DCA· 2020-07-13 ·cited 1×
  Michael Paul Newman was convicted of lewd or lascivious molestation of his eight-year-old adopted daughter. On appeal, he challenged the trial court's admission of similar fact evidence involving molestation of his other adopted daughter. The appellate court affirmed, finding the
• Jose Baez - Ortiz v. State
  311 So. 3d 151· Fla. 2d DCA· 2020-07-08 ·cited 1×
  The appellate court reversed a conviction for lewd or lascivious conduct, finding that the trial court improperly admitted evidence of prior warnings and reprimands for dissimilar conduct. This evidence was deemed unfairly prejudicial and not relevant to the charged offense.
• Hernandez v. Philip Morris USA, Inc.
  306 So. 3d 362· Fla. 3d DCA· 2020-07-08 ·cited 1×
  The appellate court affirmed a lower court's decision to enforce a charging lien for an attorney who withdrew from a wrongful death case. The court found the attorney's withdrawal was justified by the client's conduct, which made continued representation ethically impossible.
• Brown v. State
  300 So. 3d 332· Fla. 1st DCA· 2020-07-06 ·cited 1×
  The appellate court affirmed a conviction for second-degree murder, finding no abuse of discretion in the trial court's exclusion of the victim's criminal judgment and sentence. The court held this evidence was not relevant to the defendant's state of mind for self-defense.
• State Farm Mut. Auto. Ins. Co. v. Medina
  300 So. 3d 177· Fla. 4th DCA· 2020-07-01 ·cited 1×
  A trial court abuses its discretion in granting a new trial where the alleged instances of misconduct by defense counsel and experts, even viewed cumulatively, were either procedurally unpreserved, invited by opposing counsel, or not so prejudicial as to deny a fair trial.
• Blanding v. State
  298 So. 3d 712· Fla. 1st DCA· 2020-06-29 ·cited 1×
  The appellate court affirmed the trial court's decision to provide an Allen charge to the jury and deny a mistrial. The court found that the Allen charge was not coercive and was justified by a juror's note indicating difficulty in reaching a verdict, and that the denial of the m
• Phillips v. Mitchell's Lawn Maint. Corp.
  306 So. 3d 305· Fla. 3d DCA· 2020-06-24 ·cited 1×
  This case involves an appeal by two defendants, Phillips and Leon, whose pleadings were struck and a default judgment entered against them due to repeated violations of court orders and discovery rules. The appellate court affirmed the trial court's decision, finding no abuse of
• Mitchell v. State
  306 So. 3d 255· Fla. 3d DCA· 2020-06-17 ·cited 1×
  The appellate court affirmed a conviction for burglary, holding that the trial court did not abuse its discretion in admitting evidence of a prior, similar burglary. This evidence was deemed admissible to prove the defendant's identity due to the strikingly similar modus operandi
• Deangelo Marquis Woods v. State
  295 So. 3d 919· Fla. 1st DCA· 2020-06-08 ·cited 1×
  The appellate court affirmed a conviction for manslaughter, robbery, and burglary, holding that the trial court did not err in preventing the defendant from introducing evidence of a deceased witness's prior convictions. The court reasoned that the witness's statements, introduce
• Sylvestre Esteeven Point Du Jour v. U.S. Attorney General
  960 F.3d 1348· 11th Cir.· 2020-06-04 ·cited 1×
  The court held that the Board of Immigration Appeals (BIA) did not abuse its discretion in denying the petitioner's motion for remand based on ineffective assistance of counsel, as the petitioner failed to satisfy the procedural requirements established in Matter of Lozada.
• Damicet Corp. v. Emilio Michan Sidauy
  306 So. 3d 171· Fla. 3d DCA· 2020-06-03 ·cited 1×
  The appellate court affirmed a lower court's denial of Damicet Corporation's motions to dismiss a lawsuit. Damicet argued lack of personal jurisdiction and forum non conveniens, but the court found sufficient contacts with Florida and no abuse of discretion in denying the forum n
• Macauley v. State
  306 So. 3d 196· Fla. 3d DCA· 2020-06-03 ·cited 1×
  The appellate court reversed a defendant's murder convictions because the trial court improperly excluded exculpatory evidence. This evidence consisted of a jailhouse informant's testimony about another individual's alleged confession to the murders, which the court found should
• Jones v. State
  296 So. 3d 447· Fla. 4th DCA· 2020-05-27 ·cited 1×·via Abuse Of Discretion Standard For Evidentiary Rulings
  Evidence of a prior burglary is admissible under the Williams rule when it is relevant to prove a material fact in issue, such as possession of the murder weapon, even if the collateral crime is not highly similar to the charged offense, provided the probative value is not substa
• Daila Espeut Jones v. Atlas Ray Jones
  296 So. 3d 965· Fla. 5th DCA· 2020-05-22 ·cited 1×
  The trial court did not abuse its discretion in awarding $500 per month in temporary alimony where both the requesting spouse's need and the paying spouse's ability to pay were supported by competent substantial evidence. The injunctive order directing deposit of funds into an at
• Knespler v. State
  314 So. 3d 287· Fla. 3d DCA· 2020-04-29 ·cited 1×
  The appellate court affirmed in part and reversed in part a conviction for burglary and grand theft. The court held that the State Attorney's office was not disqualified despite the State Attorney having previously consulted with the defendant, as the Attorney testified he did no
• State Farm Mut. Auto. Ins. Co. v. Dianya Markovits
  295 So. 3d 355· Fla. 1st DCA· 2020-04-27 ·cited 1×·via Abuse Of Discretion Standard For Fee Awards
  This case concerns whether attorney's fees incurred after entitlement has been established are recoverable under Florida's offer of judgment statute. The appellate court held that fees incurred in litigating the amount of fees, after entitlement is determined, are not recoverable
• Katherine A. Singer N/ K/ a Katherine A. Eichler v. Singer
  44 Fla. L. Weekly D2889· Fla. 2d DCA· 2020-04-17 ·cited 1×
  The appellate court reversed and remanded a final judgment dissolving a marriage, finding that the trial court erred in denying the wife's motions to reopen evidence after the deaths of her boyfriend and father, which significantly impacted her imputed income. The court also foun
• Ayers v. State
  294 So. 3d 364· Fla. 4th DCA· 2020-04-15 ·cited 1×
  Although a trial court must enter a written competency order when it orders an examination and holds a hearing on competency, the failure to enter such an order does not invalidate a conviction when the court's oral statements clearly establish a competency finding supported by c
• Brown v. State
  294 So. 3d 367· Fla. 4th DCA· 2020-04-15 ·cited 1×·via Abuse Of Discretion Standard For Evidentiary Rulings
  A trial court errs in admitting a detective's hearsay testimony describing a non-testifying witness's physical description of a shooter when the description is offered to prove the truth of its contents and goes to the central issue of identity. The error is not harmless when ide
• Vance G. Russell v. Russell
  295 So. 3d 314· Fla. 1st DCA· 2020-04-09 ·cited 1×
  The appellate court affirmed in part and dismissed in part a former husband's appeal of a final judgment of dissolution of marriage. The court found that most of the husband's challenges were unpreserved for appeal, and one issue was dismissed as non-appealable.
• Young v. State
  301 So. 3d 1089· Fla. 1st DCA· 2020-04-03 ·cited 1×
  The appellate court affirmed convictions for lewd and lascivious molestation, holding that the trial court did not err in admitting child hearsay statements. The court found that the trial court's oral findings were sufficient and that the hearsay's probative value was not outwei
• Brown v. Norwood
  291 So. 3d 1005· Fla. 5th DCA· 2020-02-27 ·cited 1×
  The court held that the trial court abused its discretion by failing to consider ordinary and necessary business expenses when calculating the former husband's gross monthly income for alimony and child support.
• Alon Ezra v. Ezra
  299 So. 3d 466· Fla. 3d DCA· 2020-02-05 ·cited 1×
  The appellate court affirmed a lower court's decision to grant a mother sole decision-making authority over her children's educational and medical needs. The father's history of obstruction and financial irresponsibility justified this modification of the parenting plan.
• Stewart v. Stewart
  290 So. 3d 607· Fla. 1st DCA· 2020-02-03 ·cited 1×·via Abuse Of Discretion Standard For Fee Awards
  An award of appellate attorney's fees must be supported by written findings regarding the parties' relative financial resources after equitable distribution, the former spouse's need for assistance to obtain competent counsel, and whether the obligor spouse can pay all or part of
• Jugal K. Taneja v. Chandresh S. Saraiya
  290 So. 3d 602· Fla. 2d DCA· 2020-01-31 ·cited 1×·via Abuse Of Discretion Standard On Appeal
  A trial court has broad discretion to determine whether discovery is necessary to evaluate a special litigation committee's report under Florida's Revised Limited Liability Company Act, and discovery from the SLC is not a matter of right. The trial court did not abuse its discret
• Light v. Kirkland
  311 So. 3d 896· Fla. 1st DCA· 2020-01-21 ·cited 1×
  The appellate court vacated a supplemental final judgment modifying a child's timesharing schedule. The court found the trial court improperly considered the parents' inability to co-parent effectively as a substantial change in circumstances. The case was remanded for further pr
• Cassaday v. State
  289 So. 3d 915· Fla. 4th DCA· 2020-01-15 ·cited 1×
  The trial court did not abuse its discretion in limiting voir dire time to approximately 75 minutes total (initial 45 minutes expanded to nearly 70 minutes, plus an additional 5-minute extension) rather than granting the requested 2 hours. No mathematical formula exists for deter
• Cura v. Faye Cura
  299 So. 3d 1127· Fla. 3d DCA· 2020-01-02 ·cited 1×
  This case reviews a husband's appeal of a temporary child support and alimony order. The appellate court affirmed the imputation of income and child support award but reversed and remanded the retroactive alimony award due to insufficient findings.
• Nangle v. Nangle
  286 So. 3d 377· Fla. 4th DCA· 2019-12-18 ·cited 1×
  A former husband appeals the trial court's denial of his petition to modify permanent alimony, arguing substantial changes in circumstances warrant modification. The appellate court agrees that the trial court failed to adequately consider the former husband's ability to pay and
• Quintero v. State
  291 So. 3d 978· Fla. 3d DCA· 2019-12-18 ·cited 1×
  Lazaro Quintero, a criminal defendant, appealed the trial court's order prohibiting him from filing future pro se petitions. The appellate court reversed the sanction, finding it was an abuse of discretion, particularly given the State's concession that his limited filings did no
• Robinson v. Nationstar Mortg., LLC
  Fla. 2d DCA· 2019-12-04 ·cited 1×
  A foreclosure plaintiff must prove standing at the inception of the lawsuit, and a trial court abuses its discretion by reopening evidence years after final judgment to allow a plaintiff to cure a failure to prove an essential element of its case. Nationstar failed to present evi
• Dlin v. Nayibe Dlin
  283 So. 3d 985· Fla. 3d DCA· 2019-11-20 ·cited 1×
  The appellate court reversed a trial court's denial of a motion to dismiss a dissolution petition, finding that venue was improper in Miami-Dade County. The court directed the case be transferred to Volusia County, where the parties last resided together with the intent to remain
• Publicidad Vepaco v. Mezerhane
  290 So. 3d 974· Fla. 3d DCA· 2019-11-06 ·cited 1×
  The appellate court affirmed the trial court's dismissal of a case for lack of prosecution. The court found that the plaintiffs failed to demonstrate good cause for the lack of activity, and the internal disputes over representation did not excuse their inaction.
• Tien v. Akerman, LLP
  286 So. 3d 810· Fla. 3d DCA· 2019-10-02 ·cited 1×
• Fernandez v. Roseann Difiore
  279 So. 3d 174· Fla. 4th DCA· 2019-09-18 ·cited 1×
  Due diligence is required for the initial motion to vacate a default judgment but not for subsequent motions filed without prejudice, and defendant demonstrated due diligence in filing his amended motion sixty-five days later where he filed a supporting affidavit the day after th
• Collection & Recovery of Assets, Inc. v. Bachu C. Patel
  276 So. 3d 494· Fla. 5th DCA· 2019-07-26 ·cited 1×
  The appellate court affirmed a trial court's decision to limit a judgment against a co-guarantor. The court found that it was equitable to prevent one party from collecting the full judgment amount after purchasing it, when they were only liable for half.
• Bahad v. Wilmington Sav. Fund Soc'y, FSB
  278 So. 3d 740· Fla. 3d DCA· 2019-07-17 ·cited 1×·via Abuse Of Discretion Standard For Continuance
• Levory W. Hickmon v. Rachel Bushey Reese, P.A.
  275 So. 3d 841· Fla. 1st DCA· 2019-07-16 ·cited 1×
  An argument challenging the dismissal of a complaint with prejudice is waived on appeal when it is not presented to the trial court.
• Fountain v. State
  275 So. 3d 253· Fla. 1st DCA· 2019-07-09 ·cited 1×
  Appellant appealed his convictions for shooting at an occupied vehicle and aggravated assault, challenging the trial court's denial of his motion for mistrial based on alleged improper prosecutorial comments during closing argument. The court affirmed the denial, holding that the
• R-L Sales, LLC v. Hoce
  276 So. 3d 434· Fla. 1st DCA· 2019-07-09 ·cited 1×
  After an e-cigarette exploded in Appellee's mouth, causing dental injuries, he sued the manufacturer and seller. R-L Sales, LLC, the battery seller and sole remaining defendant, was found 100% liable by a jury that awarded approximately $48,000 in medical expenses and $2 million