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

• M. W. v. Dept. of Child. & Families
  254 So. 3d 645· Fla. 2d DCA· 2018-09-14 ·cited 1×
  Mother appeals the trial court's adjudication of her child as dependent based on findings regarding substance abuse, stability, and mental health. The appellate court affirms the adjudication based on substance abuse but reverses the mental health finding, and remands for more de
• FRY v. FRY
  255 So. 3d 873· Fla. 4th DCA· 2018-09-12 ·cited 1×
  Michael Joseph Fry appeals the trial court's final parenting plan in his dissolution of marriage, challenging the timesharing schedule and delegation of decision-making authority to his ex-wife. The appellate court affirms the trial court's judgment, specifically addressing the t
• Pickett v. State
  254 So. 3d 1162· Fla. 3d DCA· 2018-09-12 ·cited 1×
  Fabian Pickett appealed his conviction for attempted second-degree murder, witness tampering, and criminal mischief. The court affirmed the attempted murder and witness tampering convictions, finding the collateral crimes evidence properly admitted and Andrea's testimony regardin
• Agape Charter Sch., Inc. v. Summit Charter Sch., Inc.
  254 So. 3d 1129· Fla. 5th DCA· 2018-08-31 ·cited 1×
  The court held that the trial court abused its discretion in denying the motion for relief from judgment because the attorney's withdrawal and notice of hearing did not comply with mandatory procedural rules, depriving the appellants of due process.
• Felice John Veach v. State
  254 So. 3d 624· Fla. 1st DCA· 2018-08-30 ·cited 1×
  The trial court properly admitted the disputed portions of the jailhouse telephone call because they were relevant to establishing appellant's identity on the call, and any probative value was not outweighed by unfair prejudicial effect. The trial court also properly restricted c
• Macomber v. State
  254 So. 3d 1098· Fla. 1st DCA· 2018-08-30 ·cited 1×
  Evidence that K.M. stated Macomber sexually abused both her and A.M. during the same criminal episode is relevant and admissible because it is inextricably intertwined with the charged crimes, not a collateral matter offered solely for impeachment. The trial court abused its disc
• Wallace v. State
  254 So. 3d 1085· Fla. 1st DCA· 2018-08-24 ·cited 1×
  Appellant Wallace challenged a postconviction court's denial of his motion for relief based on alleged fraud on the court, claiming his trial counsel Mr. Hunt fraudulently testified at a 2011 evidentiary hearing and falsified notes regarding advice about Prison Releasee Reoffende
• Whitt v. Lopez
  255 So. 3d 415· Fla. 3d DCA· 2018-08-22 ·cited 1×
  The trial court did not abuse its discretion in issuing its order, and the appellant retains the right to schedule an evidentiary hearing to challenge the validity of the hair follicle drug test.
• Kraig Alexander Williams v. State
  258 So. 3d 502· Fla. 1st DCA· 2018-08-16 ·cited 1×
  A prospective juror's former employment with the state attorney's office and her spouse's current employment as an investigator with that office, standing alone, do not establish partiality, particularly where the juror makes unequivocal statements that she can be fair and impart
• Xip Techs. v. Ascend Global Servs.
  253 So. 3d 1183· Fla. 2d DCA· 2018-08-15 ·cited 1×
  A temporary injunction directing payment of withheld revenues in a breach of contract dispute is an abuse of discretion where money damages provide an adequate remedy at law. Additionally, an injunction must include specific factual findings supporting each of the four required e
• Lavar Monte Thompson v. State
  253 So. 3d 684· Fla. 1st DCA· 2018-08-03 ·cited 1×
  The trial court did not abuse its discretion in admitting the wallet and shoes because Thompson failed to demonstrate tampering, the evidence was sufficiently authenticated through circumstantial evidence including the wallet's contents and testimony about the shoes, and any erro
• Jackson v. State
  250 So. 3d 844· Fla. 3d DCA· 2018-07-11 ·cited 1×
  A prosecutor's comments about a victim's mental and physical condition do not constitute a prohibited "golden rule" argument when the comments are based on trial evidence, relevant to issues in dispute, made in fair reply to defense arguments, and not intended to inflame the jury
• George v. State
  251 So. 3d 262· Fla. 3d DCA· 2018-07-05 ·cited 1×
  The trial court did not abuse its discretion in denying the defendant's motion for a mistrial based on prosecutor voir dire statements, as any error was harmless where the court sustained objections and gave curative instructions. Although the trial court erred by precluding cros
• Joseph v. State
  250 So. 3d 113· Fla. 4th DCA· 2018-06-27 ·cited 1×
  Kevin Joseph appeals his conviction for aggravated battery, challenging the trial court's admission of a victim's recorded statements under the forfeiture-by-wrongdoing exception to hearsay. The Fourth District Court of Appeal reversed, finding the State failed to establish that
• Smith v. State
  249 So. 3d 1284· Fla. 1st DCA· 2018-06-22 ·cited 1×
  Appellant challenges the trial court's summary denial of his pro se motion to withdraw a nolo contendere plea in a felony theft case, arguing that his allegations of inadequate counsel regarding his sentence created an adversarial relationship entitling him to conflict-free couns
• ASA Coll., Inc. v. Dezer Intracoastal Mall, LLC
  250 So. 3d 731· Fla. 3d DCA· 2018-06-20 ·cited 1×
  ASA College appeals a trial court order denying its motion for temporary injunction against Dezer regarding parking rights, while affirming the court's grant of Dezer's motion to enjoin ASA's college operation. The Third District reversed the denial of ASA's parking injunction ba
• Thompson v. State
  247 So. 3d 706· Fla. 3d DCA· 2018-05-30 ·cited 1×
  A 911 call placed immediately after a robbery and battery is admissible as both a spontaneous statement and an excited utterance where the caller identified himself by name and phone number, the statement was made while the startling event was ongoing with no time for reflection,
• Joseph v. State
  244 So. 3d 416· Fla. 5th DCA· 2018-05-25 ·cited 1×
  The trial court did not abuse its discretion in awarding permanent periodic alimony of $500 per month, and the written final judgment's reservation of jurisdiction clause is construed to reserve jurisdiction over all issues not disposed of at trial, consistent with the court's or
• Domino's Pizza v. Wiederhold
  248 So. 3d 212· Fla. 5th DCA· 2018-05-07 ·cited 1×
  A surviving spouse under Florida's Wrongful Death Act need not have been married to the decedent at the time of injury; survivorship is determined as of the date of death. A franchisor may be held vicariously liable for a franchisee's employee's tortious acts based on control of
• Y.G. v. Dep't of Child. & Families
  246 So. 3d 509· Fla. 1st DCA· 2018-05-03 ·cited 1×
  When a parent executes a valid consent to adoption and the prospective adoptive parent files a motion to intervene, the trial court must grant a continuance of the termination of parental rights trial to conduct the required best-interests hearing under section 63.082(6), as the
• Asad U. Khan v. State
  243 So. 3d 506· Fla. 2d DCA· 2018-04-06 ·cited 1×·via Abuse Of Discretion Standard For Evidentiary Rulings
  The trial court reversibly erred in allowing hearsay testimony about a detective's database investigation and in permitting a cross-examination question that implicitly commented on Khan's post-arrest silence in violation of the Fifth Amendment.
• Lyublanovits v. In re Guardianship of Donald H. Jones
  243 So. 3d 503· Fla. 2d DCA· 2018-04-06 ·cited 1×
  A trial court may waive the statutory prohibition on appointing an emergency temporary professional guardian as permanent guardian when the special requirements of the guardianship demand such appointment due to the guardian's special talent or specific prior experience, and when
• Campbell v. State
  241 So. 3d 877· Fla. 4th DCA· 2018-03-28 ·cited 1×
  Mark Campbell was convicted of lewd or lascivious molestation of a child and related charges. The trial court denied a defense challenge for cause against a social worker juror who expressed a strong belief that children never lie about sexual abuse, despite rehabilitation attemp
• Mullen v. Bal Harbour Vill.
  241 So. 3d 949· Fla. 3d DCA· 2018-03-21 ·cited 1×
  A municipality may decline to forward petition signatures for a charter amendment to the Supervisor of Elections when the proposed amendment conflicts with state law, here section 163.3167(8)(a), which prohibits local referenda on development orders. The trial court did not abuse
• Saad Albassam v. Afnaan Faize Yousef Klob
  238 So. 3d 311· Fla. 4th DCA· 2018-03-07 ·cited 1×
  A former husband cannot collaterally attack the validity of his former wife's foreign divorce decree entered seventeen years earlier when he relied on it to marry and subsequently dissolve his marriage, as equitable principles preclude such attack under the circumstances.
• Niehaus v. Dixon
  237 So. 3d 478· Fla. 5th DCA· 2018-02-16 ·cited 1×
  A dismissal with prejudice for fraud upon the court must be supported by clear and convincing evidence, and at least two of the trial court's eight findings were not supported by competent substantial evidence; the case is remanded for reconsideration of whether the remaining fin
• Jagdeo Sukraj v. Chear Phoeung
  241 So. 3d 911· Fla. 2d DCA· 2018-02-14 ·cited 1×
  Jagdeo Sukraj appealed the trial court's denial of his posttrial motion for additur or new trial following a personal injury lawsuit arising from a car accident. The jury awarded Sukraj past and future medical expenses but no noneconomic damages. The appellate court reversed in p
• Gerome Berry v. State
  237 So. 3d 1165· Fla. 1st DCA· 2018-02-09 ·cited 1×
  Berry appealed his conviction for selling cocaine near an assisted living facility, arguing that the trial court erred by failing to hold a competency hearing after his trial counsel suggested he was incompetent to stand trial. The court agreed, finding that the trial court's fai
• Hamilton v. State
  236 So. 3d 276· Fla.· 2018-02-08 ·cited 1×
  Richard Eugene Hamilton, a death row inmate, appeals the denial of his successive motion for postconviction relief filed 18 years after his conviction became final, and the denial of his requests for additional public records. The Florida Supreme Court affirmed the lower court's
• Burton v. State
  237 So. 3d 1138· Fla. 3d DCA· 2018-01-24 ·cited 1×
  A trial court does not abuse its discretion in admitting a video confession where the defendant appears in jail clothes and handcuffs when the jury's brief exposure to such images does not substantially outweigh the probative value of allowing the jury to assess the defendant's c
• Baez v. State
  235 So. 3d 1028· Fla. 2d DCA· 2018-01-05 ·cited 1×
  The trial court abused its discretion by excluding jailhouse informant testimony that Charles Pandolfo stated police had the "wrong guy," as the statement met all requirements for admission as a statement against interest under Florida Statutes § 90.804(2)(c), and the error was n
• Clemens v. Peter Namnum, M.D.
  233 So. 3d 1146· Fla. 4th DCA· 2017-12-13 ·cited 1×
  A medical malpractice plaintiff's estate appealed the trial court's denial of leave to amend responses to requests for admissions and entry of summary judgment against her. The appellate court reversed, holding that the trial court abused its discretion by denying the amendment m
• AIM Recovery Servs., Inc. v. Quincy Williams
  232 So. 3d 1106· Fla. 3d DCA· 2017-11-01 ·cited 1×·via Gross Abuse Of Discretion
  AIM Recovery Services appealed the vacation of a default judgment against Quincy Williams. The court affirmed the trial court's order vacating the default, holding that the default judgment was void because Williams did not receive notice of the application for default or an oppo
• Holmes v. State
  229 So. 3d 883· Fla. 1st DCA· 2017-10-31 ·cited 1×
  The trial court reversibly erred by denying the appellant's request to represent himself, as it applied an incorrect legal standard and failed to make necessary findings regarding a knowing and intelligent waiver of counsel and severe mental illness.
• Dabbs v. State
  230 So. 3d 475· Fla. 4th DCA· 2017-10-18 ·cited 1×
  The Fourth District Court of Appeal denied the State's motion for rehearing in a murder case where the court had previously reversed and remanded due to discovery violations at trial. The State attempted to raise a new argument that no discovery violation occurred, contrary to it
• J.R.M. v. State
  228 So. 3d 1147· Fla. 4th DCA· 2017-10-18 ·cited 1×
  A juvenile challenges three special conditions imposed on his probation disposition order: mandatory weekly court attendance during summer, prohibition on sports until achieving honor roll status, and completion of substance abuse and anti-theft courses. The appellate court rever
• M.P. v. Dep't OF Child. & Families
  230 So. 3d 512· Fla. 3d DCA· 2017-10-11 ·cited 1×
  A mother appealed the trial court's denial of her motion to set aside a final judgment terminating her parental rights after she failed to attend the adjudicatory hearing. The appellate court affirmed, finding the trial court did not abuse its discretion in denying the motion bec
• T.S. v. State
  227 So. 3d 229· Fla. 1st DCA· 2017-10-06 ·cited 1×
  The appellate court reversed a juvenile's commitment to a residential program, finding the trial court failed to comply with the E.A.R. v. State standard for deviating from the Department of Juvenile Justice's recommendation. The court held that the trial court's reasons for depa
• Hammond v. State
  232 So. 3d 1056· Fla. 1st DCA· 2017-09-27 ·cited 1×
  Harold Hammond appeals his convictions for second-degree murder, tampering with evidence, possession of a firearm by a convicted felon, and battery, arguing that the trial court should have severed the battery count from the other charges. The appellate court affirmed the convict
• Landry v. Charlotte Motor Cars, LLC
  226 So. 3d 1053· Fla. 2d DCA· 2017-09-06 ·cited 1×
  Jamie Landry appeals the dismissal of her odometer fraud case against Charlotte Motor Cars as a sanction for alleged vehicle spoliation. The court reversed, finding the dealership failed to establish the vehicle was lost, misplaced, or destroyed, and clarified that dismissal requ
• Hunter v. State
  225 So. 3d 838· Fla. 4th DCA· 2017-08-16 ·cited 1×
  Timothy Hunter appealed his convictions for attempted burglary and driving without a valid driver's license, arguing the trial court violated the Melbourne procedure by allowing the state to use a peremptory strike against an African American juror based on a reason equally appli
• Botta v. Ciklin
  222 So. 3d 605· Fla. 4th DCA· 2017-07-26 ·cited 1×
  The Fourth District Court of Appeal reversed a circuit court's denial of a motion to transfer venue from Broward County to Seminole County based on forum non conveniens in a legal malpractice action against a law firm. The court held that the daughters' evidence clearly establish
• State v. Dixon
  225 So. 3d 274· Fla. 4th DCA· 2017-07-26 ·cited 1×
  The State appealed the trial court's dismissal of a probation violation warrant against Marsha Dixon. The trial court denied the State's motion for continuance when its sole witness, a probation officer, failed to appear, resulting in dismissal for lack of evidence. The appellate
• Harrison v. Gregory
  221 So. 3d 1273· Fla. 5th DCA· 2017-07-07 ·cited 1×
  In this wrongful death appeal, the Florida Fifth District Court of Appeal reversed a jury verdict assessing 75% fault to defendant Marie Harrison and 25% fault to the deceased motorcycle operator, finding cumulative trial errors—admission of a prejudicial statement, reference to
• Kirtley v. Fla. Dep't OF Revenue & Eugene Lewis Kirtley, IV
  221 So. 3d 1267· Fla. 1st DCA· 2017-07-06 ·cited 1×
  Cristina Kirtley appealed an administrative support order that denied retroactive child support. The court held that the lower court abused its discretion by denying retroactive child support on the ground that the mother waived her right, since parents cannot waive their child's
• Jerry v. State
  225 So. 3d 246· Fla. 4th DCA· 2017-07-05 ·cited 1×
  The court affirmed the convictions, holding that the appellant failed to preserve most issues for appeal and that the jury's verdicts were not legally inconsistent. The court also noted a potential sentencing error but affirmed without prejudice to the appellant filing a motion t
• Romans v. State
  221 So. 3d 647· Fla. 4th DCA· 2017-05-31 ·cited 1×
  Matthew Romans appealed his aggravated battery conviction and sentence, challenging the exclusion of a character witness, the failure to instruct on justifiable deadly force, the denial of a downward departure motion, and the imposition of drug offender probation. The court affir
• Dowd v. State
  227 So. 3d 194· Fla. 2d DCA· 2017-05-26 ·cited 1×
  Calvin Dowd appeals his conviction for lewd and lascivious molestation, challenging the admission of his post-Miranda statements, the admission of Williams rule evidence, and the trial court's denial of his motion to interview jurors. The appellate court affirmed the conviction o
• Ramos v. Ramos
  219 So. 3d 263· Fla. 3d DCA· 2017-05-24 ·cited 1×
• Colette K. Meyer & Meyer Law Firm v. Watras
  223 So. 3d 1010· Fla. 4th DCA· 2017-05-10 ·cited 1×
  Meyer Law Firm, serving as counsel for a guardianship of an incapacitated minor, appealed a circuit court order that awarded them less in attorney's fees and costs than requested across three petitions. The appellate court reversed and remanded as to the first two petitions due t