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

• Rodgerick Angelo Shoulders, JR. v. State
  276 So. 3d 94· Fla. 5th DCA· 2019-06-28 ·cited 1×
  The appellate court reviewed a petition for ineffective assistance of appellate counsel. It granted the petition in part, finding counsel was ineffective for failing to argue that the evidence did not support the jury's special verdict that the defendant personally discharged a f
• Corner Land, LLC v. Annex Indus. Park, LLC
  275 So. 3d 777· Fla. 3d DCA· 2019-06-26 ·cited 1×
  Redacted stay orders that contain only a signature, date, and length of stay are not hearsay and are admissible; testimony regarding the effect such orders had on legal advice received is also admissible to prove the effect on the listener, not the truth of matters asserted.
• Fla. Peninsula Ins. Co. v. Newlin
  273 So. 3d 1172· Fla. 2d DCA· 2019-06-12 ·cited 1×
  The trial court did not abuse its discretion in overruling Florida Peninsula's objection to Mr. Newlin's testimony about finding limestone rocks on his adjacent property, nor did it abuse its discretion in denying Florida Peninsula's motion for new trial. The Binger factors are d
• Adrian Rodriguez & Lodge NO. 20 v. City of Miami
  276 So. 3d 881· Fla. 3d DCA· 2019-06-05 ·cited 1×
  This case involves a police officer terminated for refusing a drug test after being reinstated by an arbitrator. The appellate court affirmed the trial court's denial of a contempt motion, finding the city acted within its rights under FDLE rules and the collective bargaining agr
• State v. Crossley-Robinson
  275 So. 3d 662· Fla. 4th DCA· 2019-06-05 ·cited 1×
  A trial court may not impose a downward departure sentence based on the statutory factor that an offense was an isolated incident when the defendant committed multiple robberies over a six-month period involving different victims. Multiple criminal incidents occurring over an ext
• Shaw v. Shaw
  273 So. 3d 1145· Fla. 2d DCA· 2019-05-31 ·cited 1×
  Carmen Shaw appeals a final judgment of dissolution of marriage after a 28-year marriage, challenging the trial court's denial of permanent alimony. The appellate court affirmed the trial court's awards of bridge-the-gap and durational alimony but reversed and remanded regarding
• Jones v. State
  271 So. 3d 1042· Fla. 4th DCA· 2019-05-29 ·cited 1×
  The defendant was denied a brief continuance to retain private counsel of his choice on the eve of trial. The appellate court reversed, holding that the trial court abused its discretion by failing to engage in proper balancing of the defendant's Sixth Amendment right to counsel
• King v. Stetson Wilkie King
  273 So. 3d 233· Fla. 2d DCA· 2019-05-22 ·cited 1×
  Maureen King appeals a final judgment dissolving her five-year marriage to Stetson King, challenging the trial court's award of the marital home solely to the husband and denial of her alimony and attorney's fees claims. The appellate court finds the trial court abused its discre
• Hala M. Farid v. Rabbath
  273 So. 3d 221· Fla. 1st DCA· 2019-05-16 ·cited 1×
  Hala Farid appeals a trial court order that modified the equitable distribution of marital property in an enforcement proceeding. The appellate court reversed, holding that once a final judgment of dissolution becomes final, a trial court lacks authority to modify the distributio
• Kens Carter Jeancharles v. Dept. of Revenue
  273 So. 3d 1006· Fla. 4th DCA· 2019-05-15 ·cited 1×
  A father appeals an administrative child support order, challenging the denial of his motion for a thirty-day continuance to obtain legal counsel before the hearing. The court reverses, holding that the ALJ abused its discretion by summarily denying the father's first and only re
• Aristizabal v. Pina
  273 So. 3d 1125· Fla. 3d DCA· 2019-05-15 ·cited 1×
  Where a trial court's decision on a motion to dismiss for lack of personal jurisdiction is based on live testimony and factual findings, appellate review applies the competent substantial evidence standard rather than de novo review.
• Mitchell v. State
  270 So. 3d 562· Fla. 4th DCA· 2019-05-15 ·cited 1×
  Appellant appeals the revocation of her probation and imposition of sentence following findings of multiple probation violations. The court found willful and substantial violations of probation conditions despite appellant's argument that she lacked the ability to comply. The app
• Perez v. Perez
  273 So. 3d 1126· Fla. 3d DCA· 2019-05-15 ·cited 1×
  The trial court's determination of the ex-husband's annual income of $300,000, rehabilitative alimony award, and summer timesharing schedule were supported by competent substantial evidence and did not constitute an abuse of discretion.
• Manko v. Manko
  273 So. 3d 208· Fla. 5th DCA· 2019-05-10 ·cited 1×
  A trial court abuses its discretion by denying a motion to reopen evidence under Florida Rule of Civil Procedure 1.530(a) without considering proffered evidence of a party's inability to obtain life insurance due to a medical condition discovered after judgment.
• Larrain Troncoso v. Ossandon Larrain
  273 So. 3d 1117· Fla. 3d DCA· 2019-05-08 ·cited 1×
  A trial court's denial of a motion to intervene must be reversed and remanded when the court fails to conduct a hearing on the motion and provides no articulated findings or reasoning for the denial.
• L.J. v. Dept. of Children and Families
  273 So. 3d 1123· Fla. 3d DCA· 2019-05-08 ·cited 1×
  The mother appeals the trial court's order adjudicating her two minor children dependent and placing them in the temporary care and custody of their maternal aunt. The trial court based its dependency finding on three grounds: the mother's mental health issues, past substance abu
• Bellezza v. Menendez
  273 So. 3d 11· Fla. 4th DCA· 2019-05-08 ·cited 1×
  Evidence of a plaintiff's attorney's financial relationship with treating physicians, including payments and letters of protection, is protected by attorney-client privilege and not discoverable or admissible at trial. An attorney cannot be compelled to testify regarding such pri
• Sammons v. Greenfield
  270 So. 3d 534· Fla. 2d DCA· 2019-05-08 ·cited 1×
  Thomas and Madeline Sammons appealed from a trial court's dismissal of their medical malpractice lawsuit after counsel failed to timely substitute Mr. Sammons' personal representative following his death during litigation. The appellate court reversed, finding that counsel demons
• Carr v. State
  270 So. 3d 508· Fla. 1st DCA· 2019-05-02 ·cited 1×·via Abuse Of Discretion Standard For Jury Instructions
  Lauren Carr was convicted of organized fraud and sentenced to twelve years in prison for defrauding homeowners' associations through her company. On appeal, Carr challenged the trial court's refusal to give a good-faith jury instruction and its decision to give a willful-blindnes
• Johansson v. Jacquelyn Johansson
  270 So. 3d 426· Fla. 4th DCA· 2019-05-01 ·cited 1×
  # LEGAL BRIEF **Johansson v. Johansson (Putt), 2017 IL App (1st) 142931:** A 16-year-old defendant convicted of first-degree murder and sentenced to 50 years as an adult appeals the constitutionality of his sentence under the Eighth Amendment and Illinois's proportionate penalti
• Thomason v. State
  273 So. 3d 182· Fla. 1st DCA· 2019-04-29 ·cited 1×
  Following conviction and life sentence for the non-accidental death of his infant daughter, the appellant appeals the denial of his motion to suppress statements made to law enforcement and his motion for mistrial. The court affirms the conviction, finding no reversible error in
• T.M. v. State
  2017 WL 1929681· Fla. 3d DCA· 2019-04-24 ·cited 1×
  A trial court does not abuse its discretion in excluding an audio recording when the party offering it fails to establish authentication through testimony that the recording accurately represents the conversation.
• Rodriguez v. State
  2017 WL 1927720· Fla. 3d DCA· 2019-04-24 ·cited 1×
  The trial court did not commit reversible error in overruling the defendant's objections to the State's rebuttal closing argument statements, as they were either proper fair reply to defense argument or constituted harmless error.
• MBC Gospel Network, LLC v. Fla's. News Channel, LC
  277 So. 3d 647· Fla. 1st DCA· 2019-04-22 ·cited 1×·via Abuse Of Discretion Standard For Evidentiary Rulings
  A trial court errs by entering judgment on a promissory note based on a copy when the original is lost, unless the creditor produces the original or formally reestablishes the lost note by proving the statutory requirements of section 673.3091, including that possession cannot re
• Russell v. State
  269 So. 3d 621· Fla. 1st DCA· 2019-04-16 ·cited 1×
  Appellant was convicted of crimes related to harassing a victim following a domestic violence separation and injunction. Appellant challenged the admission of text messages sent before the injunction was entered, arguing they were inadmissible when used as impeachment evidence on
• Rodgers v. State
  270 So. 3d 452· Fla. 1st DCA· 2019-04-03 ·cited 1×
  Michael Paul Rodgers was convicted of first-degree murder for strangling a man on a sailboat and was sentenced to life imprisonment. On appeal, Rodgers argued he was denied due process because he was incompetent to stand trial, but the appellate court affirmed the trial court's c
• Williams v. State
  272 So. 3d 482· Fla. 3d DCA· 2019-04-03 ·cited 1×·via Abuse Of Discretion Standard For Evidentiary Rulings
  Trial courts have broad discretion in determining the relevance and admissibility of evidence, and such determinations will not be disturbed absent an abuse of discretion.
• Pearson v. Shay Rae Pearson
  268 So. 3d 863· Fla. 2d DCA· 2019-03-22 ·cited 1×
  A trial court abuses its discretion by including depleted marital assets in an equitable distribution scheme without findings of misconduct, and assets acquired during the marriage are presumptively marital unless specifically established as nonmarital; the former wife's FRS pens
• Schwartz v. Bank of Am., N.A.
  267 So. 3d 414· Fla. 4th DCA· 2019-03-06 ·cited 1×·via Abuse Of Discretion Standard For Continuance
  In this foreclosure appeal, appellants challenged a summary judgment of foreclosure against Bank of America, N.A., arguing that material issues of fact remained regarding fraud in the endorsement of the promissory note and that the bank lacked standing because the original note h
• Welton v. Welton
  267 So. 3d 6· Fla. 4th DCA· 2019-03-06 ·cited 1×
  A trial court errs when it includes dissipated marital assets in an equitable distribution scheme without making specific findings of intentional misconduct; using marital funds to pay off legitimate marital debts does not constitute intentional misconduct. Additionally, a trial
• Perez v. Dwyer
  271 So. 3d 1116· Fla. 3d DCA· 2019-02-27 ·cited 1×
  Jennifer Perez appealed a trial court order suspending her timesharing with her child. The Third District Court of Appeal affirmed the suspension order because the appellant failed to provide a transcript of the trial court hearing, making meaningful appellate review impossible.
• Fed. Express Corp. & Roberto Nick Charria v. Sims
  265 So. 3d 637· Fla. 4th DCA· 2019-02-20 ·cited 1×
  Rule 1.380(a)(4) does not operate as a mandatory "prevailing party" rule; rather, attorney's fees are awarded only if the court finds that the opposing party's objections were not substantially justified, and the trial court abused its discretion by awarding fees without making t
• Tisdale v. Tisdale
  264 So. 3d 1105· Fla. 1st DCA· 2019-02-15 ·cited 1×
  A trial court abuses its discretion in granting a retroactive modification of child support when the payor knew of the income decrease before the final judgment was entered, making the change neither unanticipated nor permanent. Additionally, child support must be calculated usin
• Wade v. State
  265 So. 3d 677· Fla. 1st DCA· 2019-02-11 ·cited 1×
  Christopher Wade was convicted of sexual battery with a deadly weapon and sentenced to life in prison. On appeal, he challenged his conviction on two grounds: denial of conflict-free counsel and admission of testimony from two other sexual assault victims. The court affirmed the
• State v. Bohler
  263 So. 3d 291· Fla. 1st DCA· 2019-02-11 ·cited 1×
  The State appealed a trial court's decision granting Dennis Bohler a new trial following his conviction for drug possession. The trial court determined the guilty verdict was against the manifest weight of the evidence and granted Bohler's motion for new trial under Florida Rule
• Montgomery v. State
  263 So. 3d 271· Fla. 1st DCA· 2019-02-04 ·cited 1×
  A postconviction relief motion that is untimely, successive, and constitutes an abuse of process may be properly denied by the trial court.
• J.A. v. Housel
  271 So. 3d 54· Fla. 3d DCA· 2019-01-25 ·cited 1×
  J.A., a juvenile on probation, violated a trial court's "Do Not Run Order" by leaving her mother's home without permission for ten consecutive days. The trial court found J.A. in indirect criminal contempt on ten separate counts and sentenced her to ten consecutive days in secure
• 1385 Starkey v. Superior Fence & Rail of Pinellas Co., Inc.
  Fla. 2d DCA· 2019-01-18 ·cited 1×·via Abuse Of Discretion In Denying Continuance
  Starkey, an administratively dissolved LLC, was precluded from participating in trial by the trial court, resulting in a default judgment in favor of Superior Fence on a civil theft claim. The court reversed, holding that the trial court abused its discretion by denying Starkey's
• Fox v. Dep't of Child. & Families
  262 So. 3d 782· Fla. 4th DCA· 2018-12-19 ·cited 1×
  The Department of Children and Families did not abuse its discretion in denying Fox's exemption from disqualification to work at an in-home daycare. The DCF properly rejected the ALJ's conclusion that Fox did not lie on his exemption application, as Fox's statement that he merely
• Rawson v. Gulf Coast Prop. Mgmt. Co., Inc.
  261 So. 3d 721· Fla. 1st DCA· 2018-12-14 ·cited 1×
  Lisa Rawson appealed a trial court's denial of her motion for attorney's fees and costs under Florida Statute section 57.105 against Gulf Coast Property Management Company, which filed a frivolous interpleader action despite a final divorce judgment awarding rental property to Ra
• Titus O. Dodd v. State of Fla. & Cornita A. Riley as Chief of Orange Cnty. Corr.
  259 So. 3d 311· Fla. 5th DCA· 2018-12-06 ·cited 1×
  When a defendant found incompetent to proceed and conditionally released commits a new offense, the trial court may only modify the conditions of release or involuntarily commit the defendant to treatment, not detain him in jail pending evaluation.
• Seaspray Resort Ltd. v. UCF 1 Tr. 1
  260 So. 3d 333· Fla. 4th DCA· 2018-12-05 ·cited 1×
  Under Florida Statute § 697.07(4), when a foreclosure action is filed and the borrower has executed a broad assignment of leases and rents that expressly includes all income and revenue generated by the property, the trial court does not abuse its discretion by ordering the borro
• Madison v. State
  260 So. 3d 464· Fla. 1st DCA· 2018-11-30 ·cited 1×
  A defendant's cross-examination that emphasizes the lack of DNA evidence and suggests an investigation relied solely on a victim's allegations opens the door to admission of evidence that the defendant refused to provide a DNA sample, even if such evidence was previously ruled in
• Benavente v. Ocean Vill. Prop. Owners Assoc., Inc.
  260 So. 3d 313· Fla. 4th DCA· 2018-11-28 ·cited 1×
  The Homeowners appealed a nonfinal order denying their motion to vacate a foreclosure judgment and quash constructive service of process. The Association foreclosed on a lien for unpaid assessments but failed to properly exercise due diligence in locating the Homeowners before re
• Florida Recovery Adjusters v. Pretium Homes
  261 So. 3d 664· Fla. 3d DCA· 2018-11-21 ·cited 1×
  The trial court abused its discretion in awarding unliquidated treble damages based on a civil theft claim that was invalid under the plain language of the assignment agreement and failed to comply with statutory notice requirements. The default judgments on breach of contract an
• Nuttle v. Nuttle
  257 So. 3d 1084· Fla. 4th DCA· 2018-11-14 ·cited 1×
  Jason Nuttle appeals a modification of his alimony obligation to Christine Nuttle. The appellate court reverses the trial court's decision to make the alimony modification retroactive only to the date of the amended petition, holding that it should be retroactive to the date of t
• Cummings v. Cummings
  257 So. 3d 143· Fla. 4th DCA· 2018-10-31 ·cited 1×
  The Fourth District Court of Appeal affirmed a trial court's judgment because the appellant failed to provide a sufficient record of the trial proceedings. Without the record, the appellate court could not review the factual or legal basis of the trial court's decision.
• THE Florida BAR v. Bosecker
  259 So. 3d 689· Fla.· 2018-09-27 ·cited 1×
  The Florida Supreme Court affirmed a referee's recommendation to disbar attorney Kelley Andrea Bosecker for violating her 45-day suspension order by continuing to practice law, failing to provide timely suspension notice to clients and courts, having direct contact with clients,
• Desmond D. Sanders v. State
  254 So. 3d 1038· Fla. 4th DCA· 2018-09-20 ·cited 1×
  Desmond Sanders appeals his first-degree murder conviction for the shooting death of Carlos Bradwell at the House of Meat in Fort Pierce. The appellate court affirmed the conviction, addressing Sanders' challenge to the trial court's admission of evidence regarding a shooting at
• Serap Frederick v. Frederick
  257 So. 3d 1105· Fla. 2d DCA· 2018-09-14 ·cited 1×
  A mortgage on nonmarital property cannot be classified as a marital debt merely because the spouse signed the mortgage without signing the note, absent evidence that mortgage proceeds were used for marital purposes. Marital funds used to pay down a mortgage on nonmarital property