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

• SIR Michael A. Maps v. State
  Fla. 3d DCA· 2021-03-31
  The appellate court affirmed the 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 initial
• 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 repeatedly waived and then reasserted his right to self-representation. The court found the defendant was
• 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
• 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.
• 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 Maps v. State
  Fla. 3d DCA· 2021-03-31
  A trial court is not required to repeat a full Faretta colloquy when a defendant renews his waiver of counsel at a subsequent stage of the same proceeding, provided the initial waiver was knowing, intelligent, and voluntary, there were no changes in circumstances, and the record
• Jackman v. Catherine Cebrink - Swartz and Richard Swartz
  Fla. 2d DCA· 2021-03-26
  The appellate court reversed a lower court's denial of a preliminary injunction, finding that a neighbor's use of a high-powered security camera to surveil a backyard enclosed by a privacy fence could constitute invasion of privacy. The court certified a question of great public
• United States v. Dontiez Pendergrass
  991 F.3d 1327· 11th Cir.· 2021-03-24
  Dontiez Pendergrass was convicted of five counts of armed robbery and related firearm offenses for a series of robberies targeting small businesses in Georgia, based on evidence including surveillance videos showing a distinctive pattern of conduct, ballistics matching a firearm
• Fallon Johnson v. Jacorey Johnson
  Fla. 4th DCA· 2021-03-24
  The trial court abused its discretion in designating the former husband's address for school boundary determination without providing a contingent designation based on where the child would primarily reside, and erred in calculating child support by improperly deducting $400 mont
• IN the Interest of: Jane DOE vs
  Fla. 2d DCA· 2021-03-23
  The appellate court reversed a lower court's dismissal of a minor's petition for judicial waiver of parental notification for an abortion. The court found the record did not support the lower court's conclusion that the minor lacked sufficient maturity and that the lower court fa
• Sleeth v. Commissioner of Internal Revenue
  991 F.3d 1201· 11th Cir.· 2021-03-19
  The Eleventh Circuit affirmed the Tax Court's denial of innocent spouse relief, finding no abuse of discretion.
• J.M. v. Dep't of Child. & Families
  Fla. 4th DCA· 2021-03-17
  A trial court may withhold adjudication of dependency only when no actions other than supervision in the child's home are required; withholding is improper when the non-offending parent's case plan includes uncompleted tasks such as finding stable housing, obtaining income, compl
• R. S. v. S. K.
  313 So. 3d 901· Fla. 2d DCA· 2021-03-12
  The appellate court reversed a trial court's decision that denied a father's petition to modify child custody. The trial court erred by requiring proof of permanent harm from sexual abuse to modify custody, when the law only requires a substantial, material, and unanticipated cha
• Philip Morris USA, Inc. v. Brown
  Fla. 1st DCA· 2021-03-11
  This case involves a wrongful death tobacco lawsuit where the estate was awarded significant damages and attorney's fees. The appellate court affirmed most of the lower court's decisions but reversed the award of prejudgment interest, finding it would overcompensate the estate.
• Watson v. State
  Fla. 5th DCA· 2021-03-11
  The court held that while a minor's consent is not a legal defense, a trial court may consider victim participation for downward departure, but the decision to depart is discretionary and not an abuse of discretion here.
• Sans Souci Gated Homeowners Ass'n, Inc. v. Lukov
  Fla. 3d DCA· 2021-03-10
  Sans Souci Gated Homeowners Association appealed a circuit court order denying its request for sanctions under Florida Statute § 57.105(1). The appellate court affirmed the denial, holding that while trial courts must make findings of frivolity to award sanctions, they need not m
• Fernalld v. ABB, Inc.
  Fla. 4th DCA· 2021-03-10
  A trial court abuses its discretion when it remits a jury verdict for defamation damages based on the court's subjective doubt about the jury's reasoning, where the verdict is supported by competent substantial evidence and does not clearly violate the statutory factors for deter
• Ladonna Florence v. State
  317 So. 3d 242· Fla. 3d DCA· 2021-03-10
  A trial court does not abuse its discretion in sustaining a peremptory strike based on a prospective juror's unfriendly or hostile tone during voir dire, as such demeanor constitutes a facially race-neutral reason.
• Flania Belt v. USAA Cas. Ins. Co.
  Fla. 4th DCA· 2021-03-10 ·via Abuse Of Discretion Standard For Jury Instructions
  Multiple impacts in an automobile incident constitute one accident for insurance coverage purposes if there is one proximate, uninterrupted, and continuing cause of injury, determined by considering the time between impacts, distance between impacts, and whether the driver regain
• Saladeen v. State
  Fla. 5th DCA· 2021-03-09
  A trial court does not abuse its discretion in admitting hearsay statements of a child victim under Florida Statute section 90.803(23) when found reliable and from a trustworthy source, or in admitting evidence of prior similar acts against the same victim under section 90.404(2)
• Ogden v. Mindrebo
  Fla. 1st DCA· 2021-03-04
  This case concerns whether a party can be held in contempt for violating a stalking injunction by traveling to her property within 500 feet of the protected party's residence. The appellate court reversed the contempt finding related to this specific violation, finding the injunc
• H.A.R. v. Dep't of Child. & Families
  Fla. 4th DCA· 2021-03-03
  A trial court does not abuse its discretion in refusing to vacate a default entered under section 39.801(3)(d), Florida Statutes, where a parent fails to appear at the designated start time of a videoconference hearing and provides an explanation of oversleeping that lacks credib
• Lazzara v. Comm'r of Soc. Sec.
  M.D. Fla.· 2021-03-02
  The court held that the Appeals Council's dismissal of the plaintiff's request for review as untimely was not supported by substantial evidence, and the case should be remanded for consideration of good cause for the late filing.
• Maerz v. Brittani Maerz
  Fla. 5th DCA· 2021-03-02
  An appellant's failure to provide a transcript of the hearing below results in an inadequate record that prevents appellate review of whether the trial court abused its discretion.
• United States v. Laschell Harris
  11th Cir.· 2021-02-26
  The Eleventh Circuit affirmed the district court's denial of compassionate release, finding that the defendant's medical conditions did not constitute extraordinary and compelling reasons and that the district court did not abuse its discretion.
• Craft v. State
  Fla.· 2021-02-25
  Robert Craft appeals his conviction for first-degree murder and death sentence after strangling and beating his cellmate to death in prison. Craft confessed multiple times, waived his right to counsel, pleaded guilty, waived a jury trial, and presented minimal mitigation despite
• Vedrick Lamonte Symonette v. State
  Fla. 3d DCA· 2021-02-24 ·via Abuse Of Discretion Standard For Evidentiary Rulings
  A self-represented defendant's unauthenticated documents may be properly excluded from evidence without abuse of discretion when the defendant fails to lay the required foundation under the Florida Evidence Code and has no witnesses or legal mechanism to authenticate them. Once a
• Takira T. Hinson v. Detrick L. Hussey
  317 So. 3d 219· Fla. 3d DCA· 2021-02-24
  A party seeking to dissolve or modify an injunction must demonstrate a change in circumstances such that the scenario underlying the injunction no longer exists and continuation would serve no valid purpose.
• Watkins v. Officer David Session
  S.D. Fla.· 2021-02-18
  Eric Watkins sued police officers for falsely arresting him for exposing his genitals in a public park, claiming they violated his Fourth Amendment rights, and also brought claims for fabricating evidence, malicious prosecution, and due process violations. The court denied qualif
• Hartfield v. State
  Fla. 1st DCA· 2021-02-04
  The appellate court affirmed the denial of a postconviction relief motion and the denial of a request for appointed counsel. The court found no abuse of discretion in denying counsel for a factually-based claim and that the evidence supported the denial of the ineffective assista
• Ruiz v. Officer Jennifer Wing
  987 F.3d 950· 11th Cir.· 2021-02-04
  A pro se motion for a new trial, even if stricken as unauthorized, tolls the time for filing a notice of appeal if filed within the time permitted by rule. The court has jurisdiction over the appeal.
• Of
  Del. Ch.· 2021-01-28
  The court held that while the receiver's decision to disallow a specific expense claim and the conclusion regarding a negative capital account balance are subject to de novo review, other business decisions, such as asset valuation and distribution methods, may warrant a deferent
• Markice Luvern Harvey v. State
  Fla. 5th DCA· 2021-01-22
  The court affirmed the conviction and concurrent life sentences, finding no error in the trial court's evidentiary sufficiency, denial of continuance, or rejection of ineffective assistance claims on direct appeal.
• Valley Nat'l Bank v. Warren
  M.D. Fla.· 2021-01-22
  The district court denied a motion for leave to appeal an interlocutory bankruptcy court order, dismissing the appeal because the appellant failed to meet the required standards for discretionary review of interlocutory orders.
• Dai'yann Wharton
  Del.· 2021-01-19
  The Delaware Supreme Court affirmed the Superior Court's conviction and judgment of sentence, holding that the Superior Court did not abuse its discretion in denying the defendant's motion to exclude incriminating text messages. The Court found that the State had provided the dis
• Tanner v. State
  Fla. 2d DCA· 2021-01-08 ·via Abuse Of Discretion Standard For Evidentiary Rulings
  The appellate court reversed Joshua Tanner's convictions for kidnapping, attempted arson, and resisting arrest. The court found that the trial court erred in denying Tanner's motion to suppress incriminating statements made to police after he had unequivocally invoked his right t
• Garcia v. Juliette Espinosa-Garcia
  Fla. 3d DCA· 2021-01-06
  Jesus Garcia appeals the trial court's alimony and child support determinations and its refusal to adopt the parties' agreed parenting plan in a dissolution of marriage case. The appellate court reversed the alimony and child support rulings due to insufficient factual findings a
• Bennett David Frank v. Frank
  314 So. 3d 634· Fla. 3d DCA· 2021-01-06
  A trial court's equitable distribution and alimony awards must be supported by express factual findings addressing the statutory factors enumerated in § 61.075(1) and § 61.08(2); conclusory or perfunctory statements are reversible error. The trial court must also expressly identi
• Archer v. State
  309 So. 3d 287· Fla. 5th DCA· 2020-12-17
  Travis Archer appealed the conditions of his probation imposed after he pled no contest to felony animal cruelty resulting in the death of his dog. The Florida District Court of Appeal affirmed the drug offender conditions and animal residency restriction but reversed the lifetim
• Balogh v. ABC Liquors, Inc.
  Fla. 1st DCA· 2020-12-16 ·via Abuse Of Discretion Standard For Evidence Admission
  This case involves an appeal from a judgment concerning a collision between a pedestrian and a van. The appellate court affirmed the trial court's decision, finding that the admission of intoxication evidence was proper and not an abuse of discretion.
• Holland v. State
  308 So. 3d 1038· Fla. 4th DCA· 2020-12-16
  A trial court does not err in failing to conduct a Nelson hearing when a defendant's request to discharge counsel comes at sentencing based on alleged ineffectiveness during trial, as Nelson was designed to prevent trial commencement and not to address past ineffectiveness. An in
• Sec. & Exch. Comm'n v. Mintrade Techs., LLC
  11th Cir.· 2020-12-14
  The court held that the district court properly exercised personal jurisdiction over Marin and did not abuse its discretion in enforcing the subpoenas against Marin and MinTrade, finding them relevant to a legitimate investigation.
• State Farm Mut. Auto. Ins. Co. v. Knapp
  Fla. 5th DCA· 2020-12-11
  Although plaintiff's counsel improperly suggested empathy was a proper jury consideration during voir dire, the trial court did not abuse its discretion in denying State Farm's motion for mistrial.
• R.J. Reynolds Tobacco Co. & Philip Morris USA, Inc. v. Myron Kaplan
  Fla. 4th DCA· 2020-12-09
  The court affirmed the judgment despite finding that plaintiff's counsel's Schindler's List and 1984 closing arguments were improper and that the trial court abused its discretion in overruling objections to those arguments. However, the court held that these isolated improper ar
• Kopp v. State
  Fla. 3d DCA· 2020-11-18
  A witness may testify to identify a person depicted in video footage when the witness is in a better position than jurors to make that identification, particularly when the video is of poor quality and the witness had substantial prior personal interaction with the defendant.
• Cutuli v. Elie
  M.D. Fla.· 2020-11-18
  The bankruptcy court did not abuse its discretion by granting an extension of time to effect service, as the expiration of the statute of limitations justified allowing the case to be decided on its merits.
• Williamson v. State
  Fla. 1st DCA· 2020-11-18
  The appellate court denied a petition for a writ of habeas corpus, upholding the trial court's decision to deny bail to a defendant charged with second-degree murder. The court found sufficient evidence of guilt to justify detention pending trial.
• Jihad Abdul Smith v. State
  Fla. 1st DCA· 2020-11-18 ·via Abuse Of Discretion Standard For Evidentiary Rulings
  The appellate court affirmed a juvenile offender's convictions and life sentence for first-degree murder and tampering with evidence. The court found no error in the trial court's consideration of sentencing factors or its exclusion of a third-party confession, nor in a prosecuto
• Gerod Lekeith Studemire v. State
  Fla. 1st DCA· 2020-11-16
  The appellate court affirmed a trial court's decision to deny a defendant's motion to withdraw his guilty plea before sentencing. The defendant failed to demonstrate good cause, such as mistake, surprise, or coercion, to justify withdrawing his plea.
• IOU Cent. Inc. v. Pezzano Contracting & Dev., LLC
  Fla. 2d DCA· 2020-11-13
  The appellate court affirmed the trial court's award of attorney's fees to the borrowers, finding they were the prevailing parties in the underlying litigation. However, the court reversed the trial court's amended final judgment, which had sought to clarify the original judgment