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

• Edelmiro Duarte v. Snap-On Inc.
  216 So. 3d 771· Fla. 2d DCA· 2017-05-03 ·cited 1×
  Edelmiro Duarte appealed a trial court's dismissal of his personal injury lawsuit based on an allegation of fraud upon the court. The Florida District Court of Appeal reversed, holding that the limited documentary record was insufficient to justify dismissal as a sanction for fra
• Hudson v. State
  213 So. 3d 941· Fla. 4th DCA· 2017-03-15 ·cited 1×
  The court held that the trial court abused its discretion by admitting evidence of an uncharged collateral crime (punching the victim's wife) which was not inextricably intertwined with the charged crime (stabbing the victim).
• M.J. v. State
  212 So. 3d 534· Fla. 1st DCA· 2017-03-10 ·cited 1×
  A juvenile appealed his commitment to a nonsecure residential facility after the trial court deviated from the Department of Juvenile Justice's recommendation of minimum-risk commitment without providing required analysis under E.A.R. v. State. The appellate court reversed and re
• Moody v. State
  210 So. 3d 748· Fla. 5th DCA· 2017-02-10 ·cited 1×
  The court held that the defendant was entitled to an evidentiary hearing on his motion to withdraw his nolo contendere plea because he sufficiently alleged an involuntary plea due to a Brady violation.
• Woodruff v. State
  208 So. 3d 1265· Fla. 3d DCA· 2017-01-25 ·cited 1×
  Michael Woodruff appeals his conviction for lewd or lascivious molestation of a child under twelve. The appellate court affirmed the conviction, rejecting challenges to the trial court's evidentiary rulings, denial of a motion for new trial based on post-trial jury interviews, an
• Justo Manuel Garcia v. Lirda L. Rivera
  208 So. 3d 1183· Fla. 3d DCA· 2017-01-04 ·cited 1×
• GEICO Gen. Ins. Co. v. Dixon
  209 So. 3d 77· Fla. 3d DCA· 2017-01-04 ·cited 1×
  GEICO appeals a trial court's denial of its motion for new trial on compensatory damages in an uninsured motorist case. The court reversed and remanded for a new trial, holding that evidence of the uninsured motorist driver's intoxication was irrelevant and highly prejudicial dur
• Hartwood Reserve Homeowners' Ass'n, Inc. v. Glenworth Allen
  207 So. 3d 997· Fla. 5th DCA· 2016-12-30 ·cited 1×
  The court held that the trial court did not abuse its discretion in certifying the main class but did abuse its discretion in certifying the subclass due to a lack of numerosity evidence.
• Agustin Raton v. Brydie K. Wallace
  207 So. 3d 978· Fla. 5th DCA· 2016-12-22 ·cited 1×
  Former Husband appeals the trial court's denial of his motion to hold Former Wife in contempt for changing their children's therapist after relocation. The Fifth District affirmed the trial court's decision, finding that the former wife's substitution of a different therapist com
• Heare v. State
  205 So. 3d 823· Fla. 2d DCA· 2016-11-18 ·cited 1×
  Roger Heare was convicted of felony battery after striking his ex-wife's adult son during a confrontation at the marital home. The Florida Second District Court of Appeal reversed and remanded for a new trial, finding that the trial court erred by refusing to instruct the jury on
• 743 Mahoney, LLC v. MDC 5, LLC
  204 So. 3d 116· Fla. 2d DCA· 2016-11-16 ·cited 1×
  743 Mahoney, LLC, as assignee of a foreclosure judgment, appealed the trial court's denial of its deficiency judgment claim. The trial court excluded expert appraisal testimony dated six days after the foreclosure sale, finding it irrelevant to calculating the deficiency. The app
• Witt-Bahls v. Bahls
  203 So. 3d 207· Fla. 4th DCA· 2016-11-16 ·cited 1×
  The appellate court held that the trial court's order requiring the child's therapist to approve unsupervised visits was insufficient and did not comply with the prior mandate to provide specific conditions and a timeframe for the mother to obtain unsupervised visitation.
• Vega v. State
  208 So. 3d 215· Fla. 3d DCA· 2016-11-09 ·cited 1×
  The court affirmed the order denying relief from sexual offender registration requirements, finding the motion untimely and the requirements to be a collateral consequence of the plea.
• Hartford Fire Ins. Co. v. Loran Leroy Smith
  203 So. 3d 1013· Fla. 4th DCA· 2016-11-09 ·cited 1×
  Hartford Fire Insurance Company appeals a trial court's denial of its motions to bifurcate/sever counts, dismiss for improper joinder, and transfer venue in a bad faith and legal malpractice case filed by an insured driver. The court dismissed the appeal regarding bifurcation for
• Clalibeltha Charles v. State
  209 So. 3d 32· Fla. 4th DCA· 2016-11-02 ·cited 1×
  The court held that the evidence was insufficient to support a finding that the defendant willfully violated her probation terms, as her actions were influenced by external circumstances and the state failed to present contrary evidence.
• THE Florida BAR v. Kane
  202 So. 3d 11· Fla.· 2016-10-06 ·cited 1×
  The Florida Supreme Court disbarred three attorneys—Charles Kane, Harley Kane, and Darin Lentner—for engaging in egregious professional misconduct related to a secret settlement with an insurance company that violated conflict-of-interest rules, abandoned clients' claims, and vio
• H & R Block Bank v. Perry
  205 So. 3d 776· Fla. 2d DCA· 2016-09-09 ·cited 1×
  H & R Block Bank appeals the dismissal of its residential foreclosure action against Denise H. Perry for allegedly failing to attend court-ordered mediation due to an untimely filing of a certification of settlement authority. The appellate court reversed the dismissal, holding t
• HSBC Bank Mortg. Corp. (USA) v. Lees
  201 So. 3d 699· Fla. 4th DCA· 2016-08-31 ·cited 1×
  HSBC Bank appealed from orders striking its trial witness and dismissing its foreclosure action without prejudice after it failed to comply with a pre-trial order requiring timely disclosure of witnesses. The Fourth District Court of Appeal affirmed, holding that the bank's failu
• Gibson v. State
  199 So. 3d 1063· Fla. 4th DCA· 2016-08-17 ·cited 1×
  Edward Lewis Gibson appeals his first-degree murder conviction, arguing the trial court violated his constitutional right to testify by denying his timely request to reopen his case to take the stand after initially deciding not to. The court reverses and remands for a new trial,
• Karaka Andreau Campbell v. State
  208 So. 3d 126· Fla. 3d DCA· 2016-07-13 ·cited 1×
  Campbell appealed the trial court's denial of his pro se motion for a Nelson hearing seeking to discharge his public defender for ineffective assistance. Although the appellate court found the trial court erred in failing to conduct a preliminary Nelson inquiry, it affirmed becau
• Everett v. Everett
  196 So. 3d 483· Fla. 1st DCA· 2016-07-01 ·cited 1×
  Appellant seeks emergency stay of contempt order for nonpayment of child support. The trial court found appellant in contempt for owing $21,607 in arrears and sentenced him to 120 days jail (suspended for three days to pay $4,000 purge). The appellate court affirmed the denial of
• Faber v. Karl OF Pasco, Inc.
  198 So. 3d 875· Fla. 2d DCA· 2016-06-29 ·cited 1×·via Abuse Of Discretion Standard For Denying Leave To Amend
  The court held that the trial court abused its discretion by denying the plaintiff leave to amend her complaint, as her affidavit sufficiently explained her prior deposition testimony rather than contradicting it.
• Kruse v. Levesque
  192 So. 3d 1263· Fla. 2d DCA· 2016-06-10 ·cited 1×
  In this Florida family law appeal, the court reversed a trial court's award of durational alimony to a disabled former wife in a moderate-term marriage, holding that permanent periodic alimony was the appropriate form of support. Because undisputed evidence established the former
• Joshwa Brian Payne v. Dep't OF Revenue o/b/o Anna G. Gutierrez
  191 So. 3d 550· Fla. 5th DCA· 2016-05-20 ·cited 1×
  The Florida Fifth District Court of Appeal reviewed an order awarding retroactive child support to a grandmother who obtained custody of her grandchild. The court held that retroactive support may only be awarded in the initial determination of child support, not in subsequent pr
• AHG TAX Credit Fund Xviii, LLC v. Blitchton Station, Ltd.
  200 So. 3d 117· Fla. 5th DCA· 2016-03-24 ·cited 1×
  Investor Partners in low-income housing partnerships appealed the trial court's denial of their motion to transfer venue from Marion County to Alachua County under Florida Statute § 47.122. The court affirmed, holding that the trial court did not abuse its discretion in denying t
• Curtis v. State
  187 So. 3d 947· Fla. 4th DCA· 2016-03-23 ·cited 1×
  Curtis appeals his sentence for dealing in stolen property following a nolo contendere plea. The Fourth District Court of Appeal reversed the trial court's imposition of $2,500 in restitution for failure to hold a hearing, but affirmed the $27,000 civil lien for incarceration cos
• Gems v. State
  188 So. 3d 42· Fla. 3d DCA· 2016-03-09 ·cited 1×
  The court held that while the defendant's use of profanity in court was contumacious, the maximum sentence imposed for direct criminal contempt was excessive given the circumstances, but affirmed the lawful sentence.
• Simone Maxwell v. State
  185 So. 3d 702· Fla. 4th DCA· 2016-02-17 ·cited 1×
  Simone Maxwell challenges the trial court's denial of her petition to expunge her criminal record for elderly abuse/neglect. Although her conviction was reversed on appeal on a charging issue, the Florida Fourth District Court of Appeal affirmed the trial court's denial, holding
• Lennart S. KOO v. State
  184 So. 3d 1101· Fla.· 2016-02-11 ·cited 1×
  A trial court does not abuse its discretion in denying a motion for new trial without an evidentiary hearing when a post-trial letter from a victim does not constitute a recantation of material trial testimony, even if the defendant knew the witness was not telling the truth at t
• Messer v. Sander
  182 So. 3d 795· Fla. 1st DCA· 2016-01-06 ·cited 1×
  In a dispute over a statutory easement by necessity, the appellate court affirmed the trial court's denial of trial-level attorney's fees but reversed the grant of appellate-level attorney's fees, holding that the Appellees did not unreasonably refuse to comply with the easement
• Morrill v. State
  184 So. 3d 541· Fla. 1st DCA· 2015-12-22 ·cited 1×
  Jeffrey Shardon Morrill challenges his conviction for trafficking in methamphetamine, arguing the trial court erred in admitting a National Precursor Log Exchange (NPLEx) report showing his purchases of ephedrine under the business records exception to the hearsay rule. The First
• Norton-Nugin v. State
  179 So. 3d 557· Fla. 2d DCA· 2015-12-02 ·cited 1×
  The court held that a $150,000 bond was excessive and punitive given the defendant's limited financial resources and the availability of special conditions to ensure appearance and community safety.
• Taylor v. Seketa Culver
  178 So. 3d 550· Fla. 1st DCA· 2015-12-01 ·cited 1×·via Abuse Of Discretion Standard For Expert Testimony
  In a personal injury case arising from a low-impact automobile collision, the First District Court of Appeal reversed the trial court's judgment, holding that the trial court abused its discretion by excluding the testimony of appellant's biomedical engineering expert that was re
• Jones v. State
  197 So. 3d 1085· Fla. 2d DCA· 2015-11-25 ·cited 1×
  Jerry Tyrone Jones was convicted of two counts of first-degree murder and one count of attempted first-degree murder. The appellate court held that the trial court abused its discretion in excluding expert testimony on eyewitness identification reliability, but affirmed the convi
• Thorne v. State
  174 So. 3d 477· Fla. 4th DCA· 2015-08-19 ·cited 1×
  Brandon Thorne was acquitted of first-degree murder and robbery but convicted of being an accessory after the fact. He appealed, arguing the trial judge committed fundamental error by allowing the jury to review videotaped statements in the jury room without the judge's presence.
• Nealy v. Fla. Dep't OF Revenue & The Div. OF Risk Mgmt.
  171 So. 3d 201· Fla. 1st DCA· 2015-08-04 ·cited 1×
  In this workers' compensation appeal, the court reviewed a cost award against a claimant and held that a portion of the costs for a doctor's medical record review was not reasonably necessary because the services were performed after the claimant's petition for benefits was volun
• Wolfe v. Steven A. Smilack, P.A.
  166 So. 3d 931· Fla. 4th DCA· 2015-06-17 ·cited 1×
  Clients hired a law firm to represent them but refused to pay the agreed-upon fees. The law firm sued for $21,268.28 in unpaid legal services. After the clients were defaulted for failing to appear at trial, the trial court entered judgment against them without a jury trial, desp
• Roman v. State
  165 So. 3d 723· Fla. 4th DCA· 2015-05-20 ·cited 1×·via Abuse Of Discretion Standard For Evidentiary Rulings
  Carlos Roman was convicted of lewd or lascivious molestation of a child and appealed, arguing the trial court erred in excluding testimony from his first wife and son that would have shown the alleged victim's mother had motive and bias to fabricate the allegations. The appellate
• ASI Holding Co., Inc. v. Royal Beach & Golf Resorts, LLC
  163 So. 3d 668· Fla. 1st DCA· 2015-04-29 ·cited 1×
  ASI Holding Company sought to disqualify its former counsel, Matthews & Jones, from representing Royal Beach & Golf Resorts in litigation over a nondisclosure agreement. The trial court denied disqualification based on the passage of time and circumstances of the NDA, but the Fir
• Bailey v. State
  162 So. 3d 344· Fla. 3d DCA· 2015-04-01 ·cited 1×
  Walter Bailey appeals his convictions for murder, attempted murder, robbery with a firearm, and burglary, challenging the trial court's exclusion of an expert witness on eyewitness identification and alleging prosecutorial misconduct. The Third District Court of Appeal affirms th
• Stills v. State
  154 So. 3d 524· Fla. 1st DCA· 2015-01-20 ·cited 1×
  Maurice Stills appealed his armed robbery conviction, claiming the trial court erred in denying his motion for new trial based on newly discovered evidence—a letter from co-defendant Nelson Williamson stating Stills did not participate in the robbery and had no advance knowledge
• Borden Dairy Co. OF Ala., LLC v. Susanne L. Kuhajda
  152 So. 3d 763· Fla. 1st DCA· 2014-12-05 ·cited 1×
  Borden Dairy and its employee challenged a judgment finding them liable for a vehicle accident, arguing the trial court erred by allowing the plaintiff to play portions of the defendant's videotaped deposition during closing argument. The court affirmed, holding that Florida Rule
• Goldberg v. LAW Off. OF Sara Lawrence, P.A.
  150 So. 3d 862· Fla. 4th DCA· 2014-11-05 ·cited 1×
  The court held that the trial court abused its discretion by denying petitioner's exceptions based solely on an inadvertent failure to provide transcripts to opposing counsel.
• Gibson Paul v. State
  152 So. 3d 635· Fla. 4th DCA· 2014-10-15 ·cited 1×
  Gibson Paul appeals his convictions for first-degree murder with a firearm, aggravated assault with a firearm, shooting into an occupied vehicle, and possession of a firearm by a convicted felon. Paul challenges the trial court's restriction on his use of standby counsel after he
• Palmetto Sur. Corp. v. State of Fla. & Paula S. O'Neil
  148 So. 3d 517· Fla. 2d DCA· 2014-10-08 ·cited 1×
  This case involves an appeal by Palmetto Surety Corporation after a trial court denied its request for remission of a forfeited bond. The appellate court affirmed the trial court's decision, finding the surety did not provide sufficient evidence of its efforts to apprehend the de
• In the Interest of I.B.
  142 So. 3d 919· Fla. 5th DCA· 2014-07-11 ·cited 1×
  In this adoption case, the trial court struck the biological mother's consent to adoption based on a finding of duress. The appellate court reversed the duress finding due to insufficient evidence but remanded for consideration of whether procedural violations in obtaining the co
• Hang THU Hguyen v. Wigley
  161 So. 3d 486· Fla. 5th DCA· 2014-07-03 ·cited 1×
  Hang Thu Hguyen d/b/a Millenia Day Spa appeals a trial court's order granting Wigley's motion for a new trial based on allegedly improper closing arguments by defense counsel. The appellate court reverses, finding no fundamental error and determining the trial court abused its di
• Nordlicht v. Abraxas J. Discala & The Broadsmoore Grp.
  139 So. 3d 951· Fla. 4th DCA· 2014-06-04 ·cited 1×
  Defendants appealed a trial court's denial of their motion to dismiss based on forum non conveniens, seeking to transfer a defamation case from Florida to New York. The court affirmed, holding that the trial court did not abuse its discretion in denying the transfer motion becaus
• Turner v. State
  132 So. 3d 378· Fla. 4th DCA· 2014-02-12 ·cited 1×
• Scott v. Reflections OF Sebastian, LLC
  133 So. 3d 1046· Fla. 4th DCA· 2014-01-08 ·cited 1×
  The court held that barring a party from presenting evidence and testimony as a sanction for discovery violations is an abuse of discretion absent evidence of willful non-compliance or extensive prejudice.