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

• Smith v. GEICO Cas. Co.
  127 So. 3d 808· Fla. 2d DCA· 2013-11-27 ·cited 1×
  Frederick Smith appealed a jury verdict in his uninsured motorist action against GEICO, challenging the trial court's admission of time-lapse surveillance videos and evidence regarding letters of protection sent to his treating physicians. The appellate court affirmed the judgmen
• Perelman v. Est. OF Ruth C. Perelman
  124 So. 3d 983· Fla. 4th DCA· 2013-10-30 ·cited 1×
  Jeffrey Perelman appealed a Florida probate court's refusal to stay proceedings regarding his late mother Ruth's estate, arguing that Pennsylvania probate proceedings filed first should take priority. The Fourth District Court of Appeal reversed, holding that Pennsylvania first e
• Jamil J. Agemy v. Health Bus. Solutions, LLC
  117 So. 3d 896· Fla. 4th DCA· 2013-07-24 ·cited 1×
  The court reversed the trial court's order canceling a hearing on the appellants' motion to dissolve two temporary restraining orders. The court found that the trial court erred in denying the motion without an evidentiary hearing, particularly because the predecessor judge had i
• McDUFFIE v. John W. Uribe, M.D.
  133 So. 3d 947· Fla. 3d DCA· 2012-12-19 ·cited 1×
  McDuffie appeals a trial court's grant of a new trial in a medical malpractice case where he had obtained a jury verdict in his favor. The court affirms the new trial order, finding that cumulative trial errors—including improper use of a textbook, improper steroid inferences, an
• HSBC Bank USA v. Nixon
  117 So. 3d 430· Fla. 4th DCA· 2012-12-19 ·cited 1×·via Gross Abuse Of Discretion
  HSBC Bank USA appealed the trial court's denial of its motion to vacate a foreclosure sale where the winning bid of $1,600 was grossly inadequate compared to the $787,473.60 judgment. The Fourth District Court of Appeal affirmed, holding that HSBC failed to provide evidence of mi
• State v. Newman
  104 So. 3d 1180· Fla. 2d DCA· 2012-12-05 ·cited 1×
  The trial court abused its discretion in granting a new trial based on juror misconduct because the juror's reading of the Constitution did not contradict jury instructions and was harmless error.
• Adams v. Barkman
  114 So. 3d 1021· Fla. 5th DCA· 2012-09-21 ·cited 1×
  Defendant Adams appeals from a jury verdict awarding $1.3 million in damages in a negligence case arising from a motorcycle accident. The trial court granted a mistrial after defense counsel repeatedly violated in limine rulings, then struck Adams' pleadings as a sanction, result
• Flores v. State
  92 So. 3d 855· Fla. 4th DCA· 2012-06-13 ·cited 1×
  Carlos Flores appeals his conviction for Lewd and Lascivious Molestation, raising multiple constitutional and procedural challenges. The court affirms the conviction, focusing its opinion on rejecting Flores' argument that the trial court abused its discretion in finding the chil
• United States v. Owens
  682 F.3d 1358· 11th Cir.· 2012-06-08 ·cited 1×
  The dissenting opinion argues that appellate courts should review the exclusion of expert testimony regarding eyewitness identification reliability for abuse of discretion. Current precedent, which bars such review, is outdated and conflicts with the majority of federal circuits
• Hutchings v. Liles
  86 So. 3d 1279· Fla. 1st DCA· 2012-05-10 ·cited 1×
  The appellate court held that the trial court did not abuse its discretion in admitting the defendant's deposition into evidence, affirming the judgment.
• Sw. Fla. Water Mgmt. Dist. v. Shea
  86 So. 3d 582· Fla. 2d DCA· 2012-04-27 ·cited 1×
  The court held that contesting an order of taking is not a supplemental proceeding under section 73.092(2), Florida Statutes, and thus attorney's fees cannot be awarded under that provision for such actions.
• Brander v. Trisha Stoddard
  78 So. 3d 101· Fla. 4th DCA· 2012-01-25 ·cited 1×
  The trial court abused its discretion by denying a rehearing and dismissing the petition without allowing the appellant an opportunity to prove timely service of process on indispensable parties.
• Frady v. Deringer
  76 So. 3d 1024· Fla. 4th DCA· 2011-12-07 ·cited 1×·via Gross Abuse Of Discretion
  Seven years after a default final judgment of dissolution of marriage was entered, the former husband moved to set it aside claiming lack of notice. The appellate court reversed, holding that the certificate of service raised a presumption of delivery that the former husband fail
• Harper v. State
  66 So. 3d 1092· Fla. 3d DCA· 2011-08-17 ·cited 1×
  The court held that a trial court has the discretion to recall a jury that has not yet been discharged to correct clerical errors in its verdict.
• Mims v. Global Credit & Collection Corp.
  578 F. App'x 832· S.D. Fla.· 2011-08-12 ·cited 1×
• Pearson v. State
  61 So. 3d 499· Fla. 4th DCA· 2011-06-01 ·cited 1×
  The Florida Fourth District Court of Appeal reversed Pearson's cocaine sale conviction because the trial court answered a jury question about the meaning of "abiding conviction of guilt" and explained the difference between possible doubt and reasonable doubt without first consul
• Trapp v. State
  57 So. 3d 269· Fla. 4th DCA· 2011-03-30 ·cited 1×
  Craig Trapp appeals his convictions for false imprisonment and carjacking, challenging the trial court's admission of testimony regarding his prior perjury conviction used to impeach his credibility. The Florida appellate court held that the prosecutor improperly elicited this co
• Amiri Talih Lundy v. State
  51 So. 3d 1171· Fla. 5th DCA· 2010-12-23 ·cited 1×
  Amiri Lundy appeals his first-degree murder conviction, arguing the trial court reversibly erred by denying his motion for mistrial after a witness made inadvertent references to a polygraph examination during cross-examination. The appellate court affirmed, holding that the isol
• Avilez v. State
  50 So. 3d 1189· Fla. 4th DCA· 2010-12-22 ·cited 1×
  Oscar Avilez was convicted of sexual battery with a deadly weapon and burglary with assault. On appeal, he challenged the trial court's admission of testimony regarding a key card assignment, arguing it constituted inadmissible hearsay. The appellate court affirmed, holding that
• Puglisi v. State
  56 So. 3d 787· Fla. 4th DCA· 2010-12-22 ·cited 1×
  Vincent Puglisi was convicted of first-degree murder and armed robbery for his role in the murder and robbery of Alan Shalleck on February 5, 2006. On appeal, Puglisi challenged the trial court's denial of his motion to suppress statements, refusal to allow him to call his co-def
• Allstate Prop. & Cas. Ins. Co. v. Flores
  46 So. 3d 94· Fla. 3d DCA· 2010-09-29 ·cited 1×·via Reasonableness Test For Abuse Of Discretion
  Allstate appeals a trial court's order granting a new trial in a personal injury case arising from a vehicle accident. The appellate court affirms, holding that the trial court did not abuse its discretion in finding the jury verdict contrary to the manifest weight of evidence re
• Morris v. Morris
  42 So. 3d 341· Fla. 5th DCA· 2010-08-20 ·cited 1×
• Clark Well Drilling, Inc. v. North-South Supply, Inc.
  44 So. 3d 149· Fla. 4th DCA· 2010-08-11 ·cited 1×
  Clark Well Drilling and its president appealed a judgment for $78,625.04 in favor of North-South Supply, claiming the trial court improperly admitted hearsay handwritten lists to determine damages. The court reversed and remanded for a new trial, finding the lists did not qualify
• Parc Royale E. Dev., Inc. v. U.S. Project Mgmt., Inc.
  38 So. 3d 865· Fla. 4th DCA· 2010-06-23 ·cited 1×·via Abuse Of Discretion Standard For Expert Testimony
  A developer appeals a $2.2 million judgment for an architect's consulting fees on a failed real estate project. The court reverses, finding the trial court abused its discretion by admitting expert testimony on damages that lacked proper factual foundation, as the testimony was b
• Sanchez v. State
  33 So. 3d 753· Fla. 1st DCA· 2010-04-20 ·cited 1×
  Appellant Sanchez challenged the trial court's denial of his motion to withdraw a nolo contendere plea to sexual abuse charges, claiming the court failed to establish a factual basis for the plea and that he was incapable of making a rational decision. The appellate court affirme
• Deese v. State
  31 So. 3d 951· Fla. 1st DCA· 2010-04-09 ·cited 1×
  The court held that the trial court erred by not determining if the probationer's violation was willful, as required by law, even if the underlying offense was strict liability.
• Walters v. State
  30 So. 3d 656· Fla. 3d DCA· 2010-03-17 ·cited 1×·via Abuse Of Discretion Standard For Evidence Admission
• Odyssey Marine Exploration, Inc. v. Unidentified
  675 F. Supp. 2d 1126· M.D. Fla.· 2009-12-22 ·cited 1×·via Abuse Of Discretion (Appellate Review)
  The court held that the Foreign Sovereign Immunities Act (FSIA) bars jurisdiction over the shipwreck and its contents, as they are the property of Spain and not subject to U.S. court adjudication.
• LaVALLEY v. State
  30 So. 3d 513· Fla. 5th DCA· 2009-12-18 ·cited 1×
  Arthur LaValley appeals his convictions for sexual battery on a child and lewd/lascivious molestation, challenging the trial court's limitation of his peremptory challenges to six and the admission of collateral crime evidence involving his biological daughter. The Florida Fifth
• Tomac OF Fla., Inc. v. Gunn's Quality Glass & Mirror, Inc.
  17 So. 3d 320· Fla. 4th DCA· 2009-06-24 ·cited 1×
  TOMAC of Florida sued Gunn's Quality Glass for non-payment under a contract silent on payment location. The trial court denied Gunn's motion to transfer venue to Indian River County, and the appellate court affirmed, holding that Gunn's failed to overcome the presumption that pay
• Jacobs v. State
  12 So. 3d 1256· Fla. 1st DCA· 2009-06-24 ·cited 1×
• Gonzales v. State
  9 So. 3d 725· Fla. 4th DCA· 2009-04-22 ·cited 1×
  A trial court does not abuse its discretion by denying a motion to sever a cocaine possession charge from a felony DUI charge where the offenses are clearly connected in an episodic sense, arise from a single criminal transaction, and where substantial independent evidence of imp
• & for the New Castle Cnty.
  1991 WL 72567· Del. Super. Ct.· 2009-04-17 ·cited 1×
  The appellate court reversed the trial court's suppression of blood test results, holding that the forcible extraction of a suspect's blood at a police station for a first offense DUI charge is not per se unreasonable. The court found that the trial court erred in relying on inad
• Diamond Regal Dev., Inc. v. Matinnaz Constr., Inc.
  1 So. 3d 1104· Fla. 1st DCA· 2009-01-12 ·cited 1×
  Diamond Regal appeals a jury verdict favoring Matinnaz in a construction contract dispute over Eagle Trace condominium. The appellate court reverses the trial court's exclusion of Diamond Regal's expert witness—a certified building contractor and unsuccessful bidder—from testifyi
• Lewis v. State
  995 So. 2d 1123· Fla. 4th DCA· 2008-12-03 ·cited 1×
  The court held that a probation revocation order based solely on hearsay evidence is an abuse of discretion.
• Fla. Clean Water Network, Inc. v. Grosskruger
  587 F. Supp. 2d 1236· M.D. Fla.· 2008-10-30 ·cited 1×
  The court held that the Army Corps of Engineers did not abuse its discretion or act arbitrarily and capriciously in defining the project purpose for the airport relocation, including accommodating international charter flights and compatibility with regional planning.
• Dolgencorp, Inc. v. Winn-Dixie Stores, Inc.
  2 So. 3d 325· Fla. 4th DCA· 2008-10-22 ·cited 1×
  Dollar General appeals from a trial court judgment granting Winn-Dixie injunctive relief to enforce an exclusive grocery covenant in Winn-Dixie's lease. The appellate court reversed, holding that injunctive relief was improper because Dollar General had permanently ceased operati
• Weiss v. The Est. OF Arthur Courshon
  990 So. 2d 611· Fla. 3d DCA· 2008-08-27 ·cited 1×
  Patricia Weiss appeals the dismissal of her lawsuit against the Estate of Arthur Courshon for lack of prosecution. The appellate court affirmed the dismissal, finding that Weiss failed to prosecute the case diligently over seven years and failed to appear at the scheduled hearing
• Seacoast Nat'l Bank v. Jordyn Holdings IV, LLC
  392 B.R. 876· M.D. Fla.· 2008-08-06 ·cited 1×
  The court held that Seacoast National Bank lacked standing to object to the compromise or appeal the bankruptcy court's order because it was not a party aggrieved and had no direct financial stake in the outcome.
• Kaye v. State Farm Mut. Auto Ins. Co.
  985 So. 2d 675· Fla. 4th DCA· 2008-07-02 ·cited 1×
  Lisa Kaye appeals the trial court's exclusion of her accident reconstruction expert witness as a discovery sanction. The appellate court held that striking the expert witness was an abuse of discretion because the discovery violations were not sufficiently compelling and State Fa
• LaJeffery Reeves v. State
  987 So. 2d 103· Fla. 5th DCA· 2008-06-13 ·cited 1×
  LaJeffery Reeves appeals his conviction for arson and burglary, challenging the trial court's findings that he was competent to stand trial and competent to waive his right to counsel for self-representation. The Fifth District Court of Appeal affirms, holding that the trial cour
• Frizzle v. State
  982 So. 2d 1292· Fla. 4th DCA· 2008-06-11 ·cited 1×
  Richard Frizzle was convicted of manslaughter in the death of his disabled wife after the trial court reduced a felony murder charge. The appellate court reversed and remanded for a new trial because the trial court erroneously admitted irrelevant and prejudicial testimony about
• Trespalacios v. Trespalacios
  978 So. 2d 858· Fla. 2d DCA· 2008-04-09 ·cited 1×
  In this Florida divorce case, the appellate court affirmed the trial court's award of temporary alimony and exclusive use of the marital home to the wife, but reversed the award of temporary attorney's fees and costs. The court found no abuse of discretion in the alimony and hous
• Sorrells v. Montesino
  2 So. 3d 297· Fla. 4th DCA· 2008-03-26 ·cited 1×·via Abuse Of Discretion Standard For Evidence Admission
  The Sorrells appealed a jury negligence verdict awarding $50,808.90 in damages (reduced to $35,561.72 after collateral source setoffs) against Montesino and Delgado. The Fourth District reversed and remanded, finding the trial court erred in excluding testimony from Gregory's tre
• Garcia v. State
  974 So. 2d 1154· Fla. 3d DCA· 2008-02-13 ·cited 1×
  Daniel Garcia appealed his conviction for aggravated battery with a deadly weapon, challenging the trial court's admission of evidence about a prior threat he made to his estranged wife eleven days before the offense. The Florida appellate court affirmed the conviction, holding t
• Dispoto v. Marion Cnty.
  969 So. 2d 423· Fla. 5th DCA· 2007-11-02 ·cited 1×
  The court held that the trial court did not abuse its discretion in granting a temporary injunction requiring the removal of a radio tower and cessation of radio station operation due to violations of county land development codes.
• DE LA Fuente v. Adrian Developers Corp.
  967 So. 2d 251· Fla. 3d DCA· 2007-09-12 ·cited 1×
  A trial court may extend a notice of lis pendens not founded on a duly recorded instrument beyond one year from commencement of the action upon reasonable notice and for good cause, and has discretion to deny discharge of such a lis pendens on a case-by-case basis.
• Gordon v. State
  960 So. 2d 31· Fla. 4th DCA· 2007-05-23 ·cited 1×
  Jay Gordon appeals an indirect criminal contempt conviction arising from violations of a domestic violence injunction in his divorce case. The Fourth District Court of Appeal affirms most of the conviction and sentencing, but reverses and remands because the trial court erred in
• Truelove v. Blount
  954 So. 2d 1284· Fla. 2d DCA· 2007-05-09 ·cited 1×
  In this personal injury action arising from a motor vehicle accident, the appellate court affirmed the jury's award of damages for property damage to Mr. Blount's front-end loader but reversed and remanded the award of $220,000 in future damages for medical expenses and lost earn
• Laurence McNAMARA v. City OF Lake Worth
  956 So. 2d 509· Fla. 4th DCA· 2007-04-25 ·cited 1×·via Abuse Of Discretion Standard For Attorney'S Fees
  McNamara and others appealed a trial court's award of attorney's fees to the City of Lake Worth under Florida Statutes section 57.105, arguing that because the appellate court had previously denied Lake Worth's motion for appellate fees, the trial court was barred from awarding t