Abuse Of Discretion (Standard Of Review)

12,338 Florida cases classified under this topic, plus 1,659 listed through its narrower topics · sorted by citation count · see the citation graph · browse and sort

• Cordis Corp. v. Coelho
  Fla. 3d DCA· 2021-07-14
  Cordis Corporation appealed a trial court's denial of its motion to dismiss on forum non conveniens grounds in a product liability suit brought by New Jersey resident Pamela Coelho. The Third District Court of Appeal affirmed the trial court's order, finding no abuse of discretio
• Perez v. City of Hialeah
  S.D. Fla.· 2021-07-14 ·via Abuse Of Discretion Standard On Appeal
  Plaintiff Yolaisy Perez sought to amend her complaint in a fatal police shooting case by adding eight new defendants and three new causes of action more than eight months after the amendment deadline had passed and after fifty-five depositions had been taken. The court denied the
• Cordis Corp. v. Convertino
  Fla. 3d DCA· 2021-07-14
  Cordis Corporation appealed a trial court's denial of its motion to dismiss on grounds of forum non conveniens in a product liability suit brought by a New Jersey resident as personal representative of a deceased New Jersey resident. The court affirmed the trial court's decision,
• Cordis Corp. v. Young
  Fla. 3d DCA· 2021-07-14
  Cordis Corporation appealed a trial court's denial of its motion to dismiss based on forum non conveniens in a product liability suit brought by Stephen Young. The Third District Court of Appeal affirmed the trial court's decision, finding no abuse of discretion in denying the mo
• Eagle Transp. Corp. of N.C. v. Roch-Hernandez
  Fla. 4th DCA· 2021-07-14
  A trial court abuses its discretion in denying a motion to transfer venue when a vehicular accident occurs in a county other than the forum county, the material witnesses are located in the accident county, and the defendant's only connection to the forum county is a registered a
• Cordis Corp. v. McNamara
  Fla. 3d DCA· 2021-07-14
  Cordis Corporation, a Florida medical device manufacturer, appealed a trial court's denial of its motion to dismiss a product liability suit on grounds of forum non conveniens. The plaintiffs, Iowa residents, sued Cordis for injuries allegedly caused by a defective IVC filter. Th
• Cordis Corp. v. Williams
  Fla. 3d DCA· 2021-07-14
  Cordis Corporation, a Florida corporation, appealed a trial court's denial of its motion to dismiss a product liability suit on grounds of forum non conveniens. Nicole Williams, a Maryland resident, sued Cordis on behalf of herself and as representative of her deceased husband's
• Mitchell v. State
  Fla. 1st DCA· 2021-07-13
  The appellate court affirmed the trial court's denial of James Mitchell's postconviction claims. Mitchell argued newly discovered evidence, a Giglio violation, and ineffective assistance of counsel, but the court found his claims either factually refuted or insufficiently pleaded
• Tormo v. Wilfredo Rosa
  Fla. 3d DCA· 2021-06-30
  Daniel Tormo appeals a non-final order granting injunctive relief against Wilfredo Rosa, arguing the order lacks requisite factual findings and fails to require posting of a bond. The Third District Court of Appeal finds the trial court abused its discretion in both respects and
• A. V., JR. v. T. L. L.
  Fla. 2d DCA· 2021-06-30
  A trial court's final judgment in a paternity action must be reversed and remanded when the magistrate admits critical expert testimony via telephone without determining good cause as required by rule and without properly swearing the witness, and when the award of ultimate educa
• Cato v. State
  Fla. 1st DCA· 2021-06-29
  The appellate court affirmed the denial of a motion to withdraw a guilty plea. The court held that the defendant's sworn testimony at the plea colloquy contradicted his later claims of involuntariness, and that the lack of a written competency order was not reversible error given
• Parker v. State
  Fla. 1st DCA· 2021-06-29
  The appellate court affirmed a trial court's order barring a pro se litigant, Victor Parker, from filing future pro se motions in his lower court case. Parker had a history of filing numerous frivolous postconviction motions without success, despite prior warnings.
• Moore v. Moore
  Fla. 5th DCA· 2021-06-25
  A former husband is entitled to a credit for $11,000 in undisputed reimbursement payments made toward a retirement account, and a laches defense to alimony arrearages claims is properly rejected when supported by competent, substantial evidence.
• Smith v. Fenton-Smith
  Fla. 5th DCA· 2021-06-25
  A trial court abuses its discretion in awarding attorney's fees in a dissolution proceeding when it fails to consider the financial situation of the parties after the dissolution has concluded.
• Giddens v. State
  322 So. 3d 745· Fla. 1st DCA· 2021-06-22
  The appellate court affirmed a defendant's convictions for first-degree murder and attempted robbery, finding that while the prosecutor improperly asked the defendant if state witnesses were lying, this error was harmless beyond a reasonable doubt. The court determined the error
• Finch v. Cribbs
  Fla. 1st DCA· 2021-06-22
  The appellate court affirmed a lower court's decision finding a former husband in contempt and imposing sanctions for discovery failures and non-payment of alimony and loan obligations. The court found sufficient evidence of his ability to pay and upheld the sanctions and payment
• Wilson v. Houston
  Fla. 5th DCA· 2021-06-18
  A trial court abuses its discretion by denying a motion for leave to amend pleadings to add a setoff defense when the moving party did not abuse the privilege to amend, the proposed amendment would not be futile, and the opposing party would not be prejudiced.
• Cemoni v. Dara L. Ratner
  322 So. 3d 197· Fla. 5th DCA· 2021-06-17
  Shirley Cemoni appealed three trial court orders after a jury verdict in her favor in a motor vehicle accident case. The District Court of Appeal affirmed all orders, including the trial court's denial of sanctions against opposing counsel Dale Gobel for alleged bad faith conduct
• Surgery Ctr. Holdings, Inc. v. Guirguis
  Fla. 2d DCA· 2021-06-11
  The trial court erred in concluding that physicians did not violate a nonsolicitation provision prohibiting treatment of former patients of Tampa Pain Relief Center during a twenty-four-month restricted period without written consent, where evidence showed the doctors treated 644
• Fla. Dep't of Health v. Florigrown, LLC
  Fla.· 2021-06-10
  The Florida Supreme Court reversed a lower court decision that had issued a temporary injunction prohibiting enforcement of statutory regulations governing medical marijuana treatment centers, finding that the company Florigrown failed to demonstrate a substantial likelihood of s
• Gardi v. Gardi
  Fla. 4th DCA· 2021-06-09
  The appellate court affirmed a trial court's alimony award in a dissolution judgment. The former husband appealed, arguing insufficient factual findings and an improper award of durational rather than permanent alimony. The court found the trial court considered all statutory fac
• Shaw v. State
  Fla. 1st DCA· 2021-06-08
  The appellate court affirmed a civil commitment order for Charles David Shaw as a sexually violent predator. Shaw argued that prior non-sexual convictions used to establish him as a sexually violent predator should have been proven beyond a reasonable doubt, but the court found t
• Washington v. State
  Fla. 1st DCA· 2021-06-08
  The appellate court affirmed a life sentence for a sixteen-year-old convicted of felony murder. The court found no abuse of discretion by the trial judge in applying sentencing factors, despite the appellant's argument to the contrary.
• Olson v. ECO Marine Contractor, LLC
  Fla. 5th DCA· 2021-06-03
  Pamela Olson appeals a trial court order denying her motion for relief from a final judgment in a breach of contract dispute. The appellate court reversed, finding that the final judgment was void because it was rendered by a judge after her recusal, outside the narrow ministeria
• Huggins v. Siegel
  Fla. 1st DCA· 2021-06-03
  A trial court does not abuse its discretion in excluding expert testimony under Daubert when the expert lacks the requisite education and experience in the relevant field, cannot cite scientific literature supporting the opinion, and bases conclusions on speculation rather than r
• Shores of Panama Resort Cmty. Ass'n, Inc. v. STO Corp.
  Fla. 1st DCA· 2021-06-01
• Am. Coastal Ins. Co. v. LA Rive Gauche Condo. Ass'n, Inc.
  Fla. 3d DCA· 2021-05-26
  Trial courts have discretion to determine the order in which damages and coverage issues are resolved through arbitration and litigation, and may order appraisal to proceed before coverage disputes are adjudicated.
• Startley Gen. Contractors, Inc. v. Water Works Bd. of the City of Birmingham
  11th Cir.· 2021-05-24
  The Eleventh Circuit affirmed the district court's denial of the motion for reconsideration, finding no abuse of discretion.
• Pendergrass v. State
  Fla. 1st DCA· 2021-05-12
  The appellate court affirmed a burglary conviction, holding that the trial court did not abuse its discretion by admitting testimony from a law enforcement officer who had previously stopped the defendant driving the same vehicle used in the burglary. The testimony was deemed rel
• Blake v. Am. Sales & Mgmt. Org. LLC
  Fla. 3d DCA· 2021-05-12
  A party seeking indemnification for legal expenses is not entitled to recover fees for expenses that were not reasonably incurred as defined in the Operating Agreement. Blake failed to establish that expenses incurred in preparing a motion for summary judgment on his counterclaim
• Yarnell Rashard Bagley v. State
  Fla. 1st DCA· 2021-05-12
  The appellate court affirmed a conviction for robbery, murder, and tampering with evidence. The court held that the trial court did not abuse its discretion in admitting a witness's prior consistent statement to rebut defense claims of improper influence or fabrication by law enf
• Amiot v. Olmstead
  Fla. 1st DCA· 2021-05-11
  The appellate court reviewed a trial court's order concerning child relocation, timesharing, attorney's fees, and child support. The court reversed the timesharing order's conditional provision for future relocation but affirmed the child support award, finding the appellant fail
• Sherod C. Greene v. State
  Fla. 4th DCA· 2021-05-05
  A defendant's appearance before the jury in prison attire and shackles does not warrant a new trial when the defendant is responsible for such appearance through his own willful uncooperativeness and refusal to change into civilian clothes despite repeated judicial offers and war
• Haim v. State
  Fla. 1st DCA· 2021-04-30
  The appellate court affirmed a conviction for second-degree murder. The defendant argued the trial court erred by admitting his young son's statement, a shell casing, and imposing an upward departure sentence. The court found no abuse of discretion in these rulings.
• Gibbs v. Gibbs
  Fla. 1st DCA· 2021-04-29
  The appellate court affirmed the trial court's denial of a former husband's petition to modify alimony and the trial court's order finding him in contempt. The court found the husband failed to prove a substantial, involuntary, and permanent change in circumstances justifying mod
• Gregorian Int'l, Inc. v. Thormahlen
  Fla. 3d DCA· 2021-04-28
  Celestino Martinez, a Venezuelan citizen residing in Florida, appealed the dismissal of his complaint against Alejandro Enrique Delfino Thormahlen based on forum non conveniens without an evidentiary hearing. The Third District Court of Appeal reversed and remanded because the re
• Maxzak Inc. v. Walgreen Co.
  Fla. 3d DCA· 2021-04-28
  A trial court does not abuse its discretion by striking counterevidence submitted after a continued summary judgment hearing where the continuance was granted solely to allow the party to submit limited additional evidence that should have been timely filed, and the evidence subm
• Dalton Ray Miller v. State
  Fla. 1st DCA· 2021-04-23
  Dalton Ray Miller appealed the revocation of his probation after the trial court found he violated probation by committing two new criminal offenses. The Florida First District Court of Appeal affirmed the revocation, holding that the State met its burden of proof through a combi
• Lizett Alexis Allen v. State
  Fla. 4th DCA· 2021-04-21
  Lizett Allen appeals her conviction for grand theft over $20,000, challenging the trial court's exclusion of evidence regarding the purported victim's divorce and drug use. The Fourth District Court of Appeal agrees that the evidence was relevant to establish the victim's motive
• Brooks v. Brooks
  Fla. 1st DCA· 2021-04-20
  The appellate court reversed in part a final judgment of dissolution, finding the trial court erred by using disability records admitted solely for impeachment as substantive evidence of the appellant's mental health. The court also instructed the trial court to ensure its final
• McArthur v. State
  Fla. 1st DCA· 2021-04-16
  Ashley McArthur was convicted of first-degree murder. She appealed, arguing the jury saw a prejudicial photo, her statements to police violated Miranda, cell phone records were improperly obtained, and the victim's texts were inadmissible hearsay. The appellate court affirmed the
• United Auto. Ins. Co. v. Gables Rehab, Inc.
  Fla. 3d DCA· 2021-04-14
  An expert affidavit submitted in opposition to summary judgment does not constitute bald repudiation of prior deposition testimony merely because it reaches a contrary conclusion, where the specific statements in both documents are consistent or substantially similar. A trial cou
• Apesteguy v. Maximiliano Keglevich
  Fla. 3d DCA· 2021-04-07
  The trial court did not abuse its discretion in denying the former wife's third continuance motion filed less than an hour before trial, in determining that the Argentine and Key Largo properties were nonmarital assets, or in awarding lump sum alimony and child support based on t
• Danyan Mangham v. State
  Fla. 3d DCA· 2021-04-07
  Expert testimony may not be used as a conduit for introducing otherwise inadmissible evidence, and trial courts have discretion to weigh probative value against prejudicial impact in evidentiary rulings.
• SIR Michael A. Maps v. State
  Fla. 3d DCA· 2021-03-31
  The appellate court affirmed a defendant's convictions and sentences, holding that the trial court did not err by failing to conduct a new Faretta inquiry when the defendant reasserted his desire to represent himself after initially waiving counsel. The court found the defendant
• SIR Michael A. Maps v. State
  Fla. 3d DCA· 2021-03-31
  The appellate court affirmed a defendant's convictions and sentences, holding that the trial court did not err by failing to conduct a second extensive inquiry into the defendant's waiver of counsel before allowing him to represent himself at trial. The court found the initial in
• SIR Michael A. Maps v. State
  Fla. 3d DCA· 2021-03-31
  The appellate court affirmed a defendant's convictions and sentences, holding that the trial court did not err by failing to conduct a new Faretta inquiry when the defendant reasserted his desire to represent himself. The court found the defendant was adequately informed of the r
• SIR Michael A. Maps v. State
  Fla. 3d DCA· 2021-03-31
  The appellate court affirmed a defendant's convictions and sentences, holding that the trial court did not err by failing to repeat a Faretta inquiry when the defendant reasserted his desire to represent himself. The court found the defendant was adequately informed of the risks
• Cori Lamar Butler v. State
  Fla. 4th DCA· 2021-03-31 ·via Abuse Of Discretion Standard For Trial Court Rulings
  Although a trial court may abuse its discretion in excluding a victim's next of kin from trial proceedings under Marsy's Law, a defendant is not entitled to relief absent a showing of prejudice. The constitutional right to be present does not conflict with the accused's right to
• Hand v. State
  Fla. 5th DCA· 2021-03-31
  The court held that the postconviction court did not abuse its discretion in denying the motion because the oath remained deficient even after the motion for rehearing.