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

• Lambert v. Lambert
  955 So. 2d 35· Fla. 3d DCA· 2007-03-14 ·cited 1×
  Former Husband appeals a final judgment awarding Former Wife $1,500 per month in permanent periodic alimony. The Florida District Court of Appeal reverses, finding the award excessive and unsupported by the Former Husband's ability to pay, and remands with directions to award $50
• Natividad de Jesus Zuniga and Roger Omar Nunez v. Eisinger
  954 So. 2d 634· Fla. 3d DCA· 2007-02-21 ·cited 1×
  Plaintiffs appealed from a jury verdict in a liability case, challenging the trial court's denial of their motion for new trial based on defense counsel's closing argument, admission of a video deposition with traffic data, and bifurcation of the trial into liability and damages
• United States v. McDaniel (In Re McDaniel)
  363 B.R. 239· M.D. Fla.· 2007-01-08 ·cited 1×
  The court affirmed the bankruptcy court's order vacating a debtor's discharge and dismissing her case, finding that the bankruptcy court did not abuse its discretion by balancing equitable considerations.
• Ostolaza v. State
  943 So. 2d 1001· Fla. 2d DCA· 2006-12-13 ·cited 1×
  The trial court erred by denying a motion to continue a jury trial when the sole defense witness failed to appear despite being subpoenaed.
• Gould v. State
  942 So. 2d 465· Fla. 4th DCA· 2006-11-29 ·cited 1×
  Daniel Gould was convicted of attempted second-degree murder of a law enforcement officer and resisting arrest with violence while armed. The Fourth District Court of Appeal affirmed his convictions and upheld the trial court's admission of evidence regarding a prior violent inci
• Othlone Russ v. State
  934 So. 2d 527· Fla. 3d DCA· 2006-03-01 ·cited 1×
  Othlone Russ appeals his conviction for sexual battery and lewd/lascivious conduct against a six-year-old child, challenging the State's closing argument, admission of expert testimony on child disclosure patterns, and exclusion of character evidence. The Third District affirms t
• Lawton Robert Walker v. State
  919 So. 2d 501· Fla. 3d DCA· 2005-11-23 ·cited 1×
  Walker appeals an order modifying his probation condition to redirect restitution payments from the victim's family to an insurance company that had paid the victim's funeral expenses. The court affirmed, holding that changing the payee of restitution does not alter probation con
• Nathan M. Hameroff, M.D. v. Pub. Med. Assistance Tr. Fund
  911 So. 2d 827· Fla. 1st DCA· 2005-08-31 ·cited 1×
  Dr. Hameroff appeals a trial court's amended order awarding attorneys' fees in a class action settlement challenging Florida's Public Medical Assistance Trust Fund assessment. The court held that the trial court abused its discretion by unilaterally modifying the settlement agree
• Smith v. State
  909 So. 2d 421· Fla. 1st DCA· 2005-08-19 ·cited 1×
  Kevin Daniel Smith appeals the revocation of his community control order, challenging findings that he violated two conditions: failing to report to his supervising officer and failing to complete the Teen Challenge program. The First District Court of Appeal affirmed the revocat
• Virant v. Bunce
  899 So. 2d 1157· Fla. 5th DCA· 2005-04-01 ·cited 1×
  Former husband Joseph K. Virant, Jr. appeals a trial court order temporarily suspending his visitation rights with his minor child. The Florida Court of Appeal affirmed the suspension, holding that the trial court did not abuse its discretion in restricting visitation based on th
• Gianina Kutlesic v. Est. OF Bernard E. Mervel
  898 So. 2d 231· Fla. 3d DCA· 2005-03-16 ·cited 1×
  The court held that the trial court did not abuse its discretion in compelling the appellant to deliver the decedent's property and vacate the real property.
• Wagner v. State
  895 So. 2d 453· Fla. 5th DCA· 2005-02-04 ·cited 1×
  Paul Wagner appeals the denial of his motion to withdraw his nolo contendere plea to escape, resisting an officer with violence, and reckless driving, arguing that the trial court's underestimation of his minimum sentence prejudiced his ability to seek a downward departure. The F
• Frados v. Cont'l Cas. Co.
  363 F. Supp. 2d 1349· S.D. Fla.· 2005-02-02 ·cited 1×
  The court held that plaintiff is not entitled to a jury trial under ERISA and that defendant did not abuse its discretion in terminating disability benefits.
• Rime Abu-Hamdeh v. Ileana Romero-Bolumen, M.D.
  889 So. 2d 879· Fla. 3d DCA· 2004-12-01 ·cited 1×
  The Florida Third District Court of Appeal affirmed a dismissal for failure to prosecute but modified it to be without prejudice. The court found that the plaintiff's filing of a deposition notice, without fulfilling discovery obligations and with no intention to move the case fo
• Roco Tobacco (USA), Inc. v. Fla. DIV. OF Alcoholic Beverages
  934 So. 2d 479· Fla. 3d DCA· 2004-08-11 ·cited 1×
  Roco Tobacco challenged a Florida statute regulating gray market cigarettes on federal preemption grounds, but the case became moot when Congress passed the Tobacco Compliance Act of 2000 making Roco's business model illegal. The trial court granted summary judgment for the State
• Smith v. State
  873 So. 2d 1289· Fla. 1st DCA· 2004-06-07 ·cited 1×·via Abuse Of Discretion In Denying Continuance
  Robert Leroy Smith appealed his convictions for robbery, aggravated battery, burglary, grand theft auto, and felony driving with suspended license. The court found two reversible errors: the trial court improperly reclassified an aggravated battery conviction as a first-degree fe
• Lacene Orvis v. Caulkins Indiantown Citrus Co.
  861 So. 2d 1181· Fla. 4th DCA· 2003-11-26 ·cited 1×·via Abuse Of Discretion Standard For New Trial Motions
  Lacene Orvis, a terminated employee of Caulkins Indiantown Citrus Co., appealed a jury verdict against her Florida Private Whistleblowers' Protection Act claim. The Fourth District reversed and remanded for a new trial, finding that defense counsel violated a pretrial order in li
• Great Harbour Cay Realty & Inv. Co. Ltd. v. Carnes
  862 So. 2d 63· Fla. 4th DCA· 2003-11-05 ·cited 1×·via Abuse Of Discretion Standard For Evidentiary Rulings
  This appeal challenges a jury verdict awarding Carnes $3 million in severance benefits based on an employment contract with a Bahamian corporation. The court reverses and remands due to evidentiary errors that prevented the defendant from fully presenting its case regarding the c
• Jaffe v. Jaffe
  854 So. 2d 285· Fla. 4th DCA· 2003-09-17 ·cited 1×
  The Fourth District affirmed a temporary relief order awarding $100,000 in attorney's fees and costs to the wife, rejecting the husband's complaint about limited hearing time and finding the wife's proposed budget of $506,579.76 grossly excessive.
• Rosecan v. Springer
  845 So. 2d 927· Fla. 4th DCA· 2003-04-16 ·cited 1×
  In this divorce appeal, the Fourth District Court of Appeal reversed the trial court's award of $20,000 per month in permanent periodic alimony to the former wife, finding that the award was unsupported by the trial court's own findings and improperly based on income disparity ra
• Strulowitz v. The Cadle Co., II, Inc.
  839 So. 2d 876· Fla. 4th DCA· 2003-03-12 ·cited 1×
  The personal representative of Harold Strulowitz's estate appealed a probate court order denying his petition to strike a late claim filed by Cadle Company II, Inc. The court held that Cadle was a reasonably ascertainable creditor entitled to actual notice and that the personal r
• Phillips v. Wintter
  835 So. 2d 1283· Fla. 4th DCA· 2003-02-19 ·cited 1×
  A mother appeals a trial court's order granting the father exclusive temporary custody of their minor child based on an ex parte motion. The appellate court reversed, finding no true emergency existed and the evidence was insufficient to support the temporary custody modification
• Eluterio Ortiz v. State
  835 So. 2d 1250· Fla. 4th DCA· 2003-01-29 ·cited 1×
  The court affirmed the conviction, holding that the trial court did not abuse its discretion in substituting a sleeping juror and that the Criminal Punishment Code is constitutional.
• Matthews v. State
  834 So. 2d 900· Fla. 4th DCA· 2003-01-02 ·cited 1×·via Abuse Of Discretion Standard On Appeal
  The court held that the prosecutor's comments during closing argument were not improper and did not constitute an abuse of discretion.
• Farrington v. State
  821 So. 2d 470· Fla. 4th DCA· 2002-07-24 ·cited 1×
  The court held that the trial court abused its discretion in denying the appellant's motions for mistrial and new trial because the state failed to disclose critical information about the date of the offense, which directly undermined the appellant's alibi defense.
• Smith v. State
  818 So. 2d 707· Fla. 5th DCA· 2002-06-21 ·cited 1×
  Emmanuel Smith appeals his cocaine sale conviction, arguing that improper prosecutorial comments during closing argument entitled him to a new trial. The court affirms, holding that while one comment about the jury speaking for the community approached impropriety, the isolated n
• Black v. Brown
  812 So. 2d 581· Fla. 3d DCA· 2002-04-03 ·cited 1×
• Leshin v. Welt (In Re Warmus)
  276 B.R. 688· S.D. Fla.· 2002-03-25 ·cited 1×
  The district court held that the bankruptcy court erred in applying collateral estoppel against an attorney who was not a party to a prior settlement and in admitting a deposition without proper foundation, reversing the final judgment against the attorney.
• O'Neill v. O'Neill
  812 So. 2d 448· Fla. 5th DCA· 2002-02-22 ·cited 1×
  In a contentious dissolution and custody case, George O'Neill appealed the trial court's denial of his motion to disqualify the guardian ad litem (GAL) and orders requiring him to pay the GAL's fees and attorneys' fees. The appellate court affirmed the disqualification decision b
• Williams v. Aloisi
  271 B.R. 676· M.D. Fla.· 2002-01-15 ·cited 1×
  The court affirmed the bankruptcy court's denial of relief from the automatic stay but reversed and remanded the denial of equitable relief against the debtor's home, requiring further findings on the debtor's knowledge of the use of stolen funds.
• Demyan v. Sun Life Assurance Co. of Canada
  148 F. Supp. 2d 1316· S.D. Fla.· 2001-04-11 ·cited 1×
  The court held that an insurer's denial of long-term disability benefits was unreasonable and unsupported by the evidence, as the physician's clearance to return to work did not address the employee's actual physical limitations and the employer's assessment of the job demands.
• Furman v. Furman
  775 So. 2d 998· Fla. 4th DCA· 2000-12-20 ·cited 1×
• Allstate Ins. Co. v. Cruz
  768 So. 2d 1138· Fla. 3d DCA· 2000-08-30 ·cited 1×
  The trial court did not abuse its discretion in denying a motion to stay execution of a partial judgment without requiring the posting of a bond, as the insurer refused the alternative of placing funds in trust.
• Smithers v. Smithers
  765 So. 2d 117· Fla. 4th DCA· 2000-06-07 ·cited 1×
  The court affirmed the trial court's award of $100,000 in temporary attorney's fees to the wife and the contempt finding against the husband for nonpayment of fees and temporary alimony in a seven-month marriage dispute, noting the litigation costs were excessive.
• Real-Time Labs., Inc. v. Predator Sys., Inc.
  757 So. 2d 634· Fla. 4th DCA· 2000-05-24 ·cited 1×
  Real-Time Laboratories obtained a judgment against Predator Systems for misappropriation of trade secrets relating to rate damper designs for laser-guided bombs. On appeal, the court affirmed the trial court's denial of Real-Time's motions for attorney's fees and contempt, findin
• Shearer v. State
  754 So. 2d 192· Fla. 1st DCA· 2000-04-17 ·cited 1×
  Mary Lynette Shearer was convicted of unlawfully excavating an archaeological site without a permit in violation of Florida Statutes § 267.13(1)(b). The appellate court reversed her conviction, holding that the trial court's refusal to instruct the jury that the prosecution must
• Simmons v. State
  753 So. 2d 700· Fla. 5th DCA· 2000-03-17 ·cited 1×
  A trial court does not abuse its discretion by setting a reasonable time limit on closing argument when it considers the case's complexity, witness testimony length, seriousness, and counsel's requested time, and the limit allows counsel to relate facts to applicable law.
• Gonzalez v. State
  745 So. 2d 542· Fla. 4th DCA· 1999-12-08 ·cited 1×·via Abuse Of Discretion Standard For New Trial Motions
  Milton Gonzalez appeals his conviction for sexual battery on a person 12 years or older committed by multiple perpetrators. The appellate court affirms the conviction and sentence, finding both of Gonzalez's appellate arguments without merit.
• R.T.F. v. R.P.F.
  744 So. 2d 1141· Fla. 3d DCA· 1999-10-27 ·cited 1×
• George v. Radcliffe
  753 So. 2d 573· Fla. 4th DCA· 1999-10-06 ·cited 1×
  Appellant George, a plaintiff in a commercial dispute, failed to answer defendants' amended counterclaim within the required timeframe. The trial court entered a default judgment against him on the counterclaim, and the appellate court affirmed the denial of his motion to vacate
• Conklin Shows, Inc. v. Llanes
  733 So. 2d 595· Fla. 3d DCA· 1999-06-09 ·cited 1×·via Abuse Of Discretion Standard For New Trial Motions
• Tejera v. State
  732 So. 2d 8· Fla. 3d DCA· 1999-04-21 ·cited 1×
  The court held that the trial court did not err in denying the motion for judgment of acquittal and did not abuse its discretion in refusing a requested jury instruction on circumstantial evidence.
• D.F. v. State
  730 So. 2d 384· Fla. 4th DCA· 1999-03-31 ·cited 1×
• Emery v. Clifford
  721 So. 2d 401· Fla. 3d DCA· 1998-11-18 ·cited 1×
  The Florida District Court of Appeal affirmed a trial court's order prohibiting Kathy Emery from representing herself pro se in estate litigation and requiring her to be represented by counsel, finding that her pattern of filing vexatious and frivolous pleadings had disrupted cou
• Johnson v. Celotex Corp. (In Re Celotex Corp.)
  232 B.R. 484· M.D. Fla.· 1998-10-26 ·cited 1×
  The court affirmed the Bankruptcy Court's order denying the law firm's request for a fee enhancement, finding no abuse of discretion.
• Mendez v. Lopez
  707 So. 2d 1194· Fla. 3d DCA· 1998-04-08 ·cited 1×
  The appellate court affirmed the trial court's judgment, finding no reversible error in denying the directed verdict motion due to conflicting evidence on vicarious liability or in admitting expert testimony on seatbelt issues.
• Duna v. Duna
  707 So. 2d 432· Fla. 5th DCA· 1998-04-03 ·cited 1×
  Florida appellate court affirmed trial court's transfer of custody from mother to father based on substantial change of circumstances and best interests of the child, finding no abuse of discretion where the statement of evidence supported the trial judge's factual findings.
• Card v. Card
  706 So. 2d 409· Fla. 1st DCA· 1998-03-06 ·cited 1×
• Dickinson v. Dickinson
  706 So. 2d 114· Fla. 1st DCA· 1998-02-23 ·cited 1×
  The court held that the issue of service validity was moot because proper service was eventually accomplished by a deputy sheriff, and that the trial court did not abuse its discretion in finding good cause for the delay in service.
• Martinez v. The HERTZ Corp.
  696 So. 2d 1212· Fla. 3d DCA· 1997-05-28 ·cited 1×
  In this wrongful death action arising from a car rental accident, the appellate court upheld the trial judge's decision to deny a challenge for cause against a prospective juror who initially expressed doubts about his fairness but was subsequently rehabilitated through additiona