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

• Calm
  Del.· 2020-02-26
  The Superior Court erred in denying the motion to suppress the firearm and ammunition found on the defendant, as the pat-down search was not justified by reasonable articulable suspicion. The court's legal conclusion that consent to search the vehicle permitted a pat-down of the
• R.J. Reynolds Tobacco Co. v. Burgess
  Fla. 1st DCA· 2020-02-26
  In this Engle-progeny tobacco litigation, the Fourth District affirmed a $3 million judgment for the estate of a deceased smoker against R.J. Reynolds, holding that a plaintiff need not prove reliance on any specific statement to prevail on fraudulent concealment and conspiracy c
• The Waves of Hialeah, Inc. v. MacHado
  Fla. 3d DCA· 2020-02-19
  A trial court may not reduce a supersedeas bond under Florida Statute § 45.045(2) when the appellant has an insurance or indemnification policy applicable to the case. The Waves' $1 million insurance policy therefore precluded reduction of the bond required for a stay pending app
• Zahra Shipman v. Wells Fargo Bank, N.A.
  Fla. 3d DCA· 2020-02-19
• Thaddeus Martin v. State
  Fla. 3d DCA· 2020-02-12
  The appellate court affirmed a trial court's decision finding the appellant in willful and substantial violation of probation. The court also affirmed the denial of several post-conviction motions filed by the appellant, consolidating all appeals for review.
• Thaddeus Chaylon Martin v. State
  Fla. 3d DCA· 2020-02-12
  The appellate court affirmed a trial court's decision finding Thaddeus Martin in willful and substantial violation of his probation. The court also affirmed the denial of several of Martin's post-conviction motions, consolidating all appeals for review.
• Pena v. State
  298 So. 3d 1224· Fla. 3d DCA· 2020-02-12
  Alexander Pena appealed his conviction for felony murder, burglary, armed robbery, and conspiracy, arguing insufficient evidence and the improper admission of text messages. The appellate court affirmed, finding sufficient direct evidence to support the conviction and that the tr
• Thaddeus Chaylon Martin v. Jones
  Fla. 3d DCA· 2020-02-12
  The appellate court affirmed a trial court's decision finding the appellant in willful and substantial violation of probation. The court also affirmed the denial of several post-conviction motions filed by the appellant, consolidating all appeals for review.
• Pacheco v. State
  Fla. 5th DCA· 2020-02-07
  A trial court abuses its discretion by denying a postconviction defendant's request for appointed counsel to present a claim of ineffective assistance of counsel when the defendant lacks the education and ability to present the claim without assistance.
• Young v. State
  Fla. 5th DCA· 2020-02-07
  A trial court abuses its discretion by ordering restitution for items not listed in charging documents, police reports, or discovery.
• Wizenberg v. Wizenberg
  S.D. Fla.· 2020-02-03
  The district court held that a bankruptcy court is not a 'court of the United States' under 28 U.S.C. § 451, and therefore cannot impose sanctions under 28 U.S.C. § 1927. However, the court treated the bankruptcy order as a report and recommendation and adopted its findings, affi
• Tawon Dontay Riley v. State
  Fla. 2d DCA· 2020-01-31
  The appellate court affirmed a direct criminal contempt conviction against Tawon Riley, despite the trial court's improper use of bailiff statements. The court found that Riley's disruptive behavior and communication with the jury venire, which the judge did observe, provided a s
• Bynes v. State
  Fla. 4th DCA· 2020-01-29
  William Bynes appeals an order prohibiting him from filing further pro se motions as a sanction for filing successive motions attacking his violent career criminal (VCC) sentences. The court reversed, holding that the trial court abused its discretion because Bynes' motions were
• Jackson v. State
  Fla. 1st DCA· 2020-01-29 ·via Abuse Of Discretion Standard For Evidentiary Rulings
  The trial court did not abuse its discretion in excluding evidence that the victim purchased heroin from another source, and Jackson's conviction for first-degree murder by drug distribution was properly supported by competent, substantial evidence that he distributed heroin to t
• Vinas v. State
  Fla. 3d DCA· 2020-01-22
  The appellate court affirmed a defendant's convictions for selling heroin near a school. The defendant argued the trial court wrongly denied his motion to sever one count due to stronger evidence, but the court found the offenses were connected and any error was harmless.
• Cardona v. State
  Fla. 3d DCA· 2020-01-15
  The appellate court affirmed a conviction for first-degree murder and aggravated child abuse, holding that the trial court did not abuse its discretion in admitting the medical examiner's testimony that the cause of death was child abuse syndrome, even though the defense argued i
• Brown v. Fla. Gulf Coast Univ. Bd. of Trs.
  M.D. Fla.· 2020-01-10
  The court denied the plaintiff's motion to declare the dismissal order void and denied the defendants' request for an order to show cause.
• Breanna Jean Johnson v. Johnson
  Fla. 2d DCA· 2019-12-27
  The appellate court affirmed a trial court's decision to transfer venue in a domestic violence petition. The court found that despite the petitioner's choice of forum, the interest of justice and judicial economy favored transferring the case to the county where all prior and ong
• Pensacola Beach Elementary Sch. v. Moyer
  Fla. 1st DCA· 2019-12-27
  The appellate court affirmed the denial of a temporary injunction sought by a school to prevent a parent from entering school grounds, but reversed the trial court's order granting the parent's children enrollment and unrestricted access to school functions, as this relief was no
• Breanna Jean Johnson v. Johnson
  Fla. 2d DCA· 2019-12-27
  The appellate court affirmed a trial court's decision to transfer a domestic violence petition from Hillsborough County to Pasco County. The court found that despite the petitioner's choice of forum, the strong connection of all prior and ongoing litigation between the parties in
• Igwe v. City of Miami
  Fla. 3d DCA· 2019-12-26
  The appellate court affirmed a trial court's decision to set aside a jury verdict for the appellant. The court found that the appellant, Victor Igwe, failed to exhaust his administrative remedies with the City of Miami's Civil Service Board before filing a lawsuit, and that such
• Sims v. State
  Fla. 3d DCA· 2019-12-26
  The appellate court affirmed a burglary conviction, holding that the trial court did not abuse its discretion in excluding testimony about the defendant's homelessness. The court reasoned that such evidence was irrelevant and unduly prejudicial, as it did not directly relate to t
• State v. Ruoshawn Randolph
  Fla. 5th DCA· 2019-12-20 ·via Abuse Of Discretion Standard For Continuance
  A motion to dismiss under Rule 3.190(c)(4) must be denied when the defendant's own attachments create a disputed issue of material fact by contradicting the motion's factual allegations, even if the State fails to file a traverse.
• Hauser v. Goodwill Indus. of SW Fla., Inc.
  Fla. 1st DCA· 2019-12-20
  This case involves a workers' compensation claim where an employee was denied temporary partial disability benefits due to alleged misconduct leading to her termination. The appellate court reversed the denial, finding that the evidence used to prove misconduct was inadmissible h
• Porter v. State
  Fla. 1st DCA· 2019-12-17
  The appellate court affirmed the conviction for fleeing and resisting arrest but vacated a public defender lien imposed without sufficient evidence. The court found no abuse of discretion in excluding an alibi witness not disclosed in a timely manner.
• Burnie Reed v. State
  Fla. 4th DCA· 2019-12-11
  The appellate court affirmed a defendant's convictions for second-degree murder and attempted first-degree murder. The court specifically addressed the defendant's argument that the trial court erred in refusing to instruct the jury on the heat of passion defense, finding no evid
• Austin v. State
  Fla. 5th DCA· 2019-12-06
  A trial court abuses its discretion when it summarily denies a 3.850 postconviction relief motion for legal insufficiency without allowing the defendant at least one opportunity to amend.
• In re Vs
  Fla. 5th DCA· 2019-12-05
  The court held that the trial court did not abuse its discretion in dismissing the petition for judicial waiver of parental notice.
• The City of Coral Gables v. Garcia
  299 So. 3d 1096· Fla. 3d DCA· 2019-12-04
  A counterclaim filed by a non-party without authorization is a legal nullity that cannot be revived through relation back or subsequent intervention. The sixty-day nonclaim period in section 194.171(2) is jurisdictional and mandatory, and failure to file a valid tax assessment ch
• Thilloy v. Ciccone-Capri
  289 So. 3d 18· Fla. 3d DCA· 2019-11-27
  The appellate court vacated a contempt order against the Former Husband, finding that contempt is not the proper remedy for enforcing a marital settlement agreement before it has been adopted by a court. The court affirmed in part and reversed in part the final judgment of dissol
• Y.N. v. State
  Fla. 3d DCA· 2019-11-27
  The appellate court reversed a juvenile's delinquency adjudication because the trial court improperly allowed the State to ask the juvenile if the arresting officer was lying. The court found this error was not harmless because the trial court did not explicitly state it disregar
• Thilloy v. Ciccone-Capri
  289 So. 3d 18· Fla. 3d DCA· 2019-11-27
  The appellate court vacated a contempt order against the Former Husband, ruling that contempt is not the proper remedy for enforcing a marital settlement agreement before it has been incorporated into a court order. The court affirmed in part and reversed in part the final judgme
• Pena v. United States Coast Guard Seventh Dist.
  S.D. Fla.· 2019-11-21
  The court held that the plaintiffs' motion for reconsideration was not warranted and denied it.
• Caceres v. Merco Grp. of the Palm Beaches Inc.
  Fla. 3d DCA· 2019-11-20
• Castleman-Dion v. Dion
  Fla. 3d DCA· 2019-11-20
• Dragon Jade Int'l, Ltd v. Ultroid, LLC
  M.D. Fla.· 2019-11-12 ·via Abuse Of Discretion Standard On Appeal
  The court held that the defendant's failure to timely disclose a key witness's sworn statement was not substantially justified or harmless, warranting sanctions.
• Salter v. State
  Fla. 3d DCA· 2019-11-06
• Greene v. Marcela Cortes
  Fla. 3d DCA· 2019-11-06
• Publicidad Vepaco v. Mezerhane
  Fla. 3d DCA· 2019-11-06
  The appellate court affirmed the trial court's dismissal of a case for lack of prosecution. The court found that the plaintiffs failed to demonstrate good cause for the lack of activity, and the disputes over legal representation did not excuse their inaction.
• Port Royal Prop., LLC v. Woodson Elec. Solutions, Inc.
  Fla. 3d DCA· 2019-10-30
  The appellate court reversed a trial court's order transferring a case between Florida counties, finding the trial court incorrectly applied a forum non conveniens analysis. The case was remanded for reconsideration under the proper statutory standard for intrastate venue transfe
• Brown v. Ansafone Contact Ctrs., LLC
  M.D. Fla.· 2019-10-30 ·via Abuse Of Discretion Standard For Discovery Rulings
  The court granted the defendant's motion to compel discovery responses from non-responsive opt-in plaintiffs, ordering them to comply within a limited time or face dismissal.
• Small v. Bd. of Comm'rs
  Fla. 3d DCA· 2019-10-23
• Christa Adkins v. Sotolongo
  Fla. 3d DCA· 2019-10-23
  The Third District Court of Appeal reversed a final order approving a general magistrate's report in a family law postdecretal action because the trial court failed to hold a hearing on the mother's timely-filed exceptions before adopting the magistrate's recommendations.
• Washington v. State
  Fla. 1st DCA· 2019-10-21 ·via Abuse Of Discretion Standard For Evidentiary Rulings
  The trial court did not abuse its discretion in excluding defense witness testimony about the victim's prior sexual knowledge and conduct from three to four years before the incident, as the evidence was remote in time and irrelevant to the current charge. Any error in exclusion
• Blanco v. Creative Mgmt. Servs.
  Fla. 1st DCA· 2019-10-17
  The judge of compensation claims did not abuse discretion in denying workers' compensation benefits where the claimant failed to prove that occupational dust exposure, rather than his seventeen-year smoking history, was the major contributing cause of his respiratory condition. A
• Juliana Araujo v. Winn-Dixie Stores, Inc.
  290 So. 3d 936· Fla. 3d DCA· 2019-10-16
  The appellate court affirmed a trial court's judgment in favor of the plaintiff in a slip-and-fall case, as well as the denial of the plaintiff's motion for attorney's fees. The plaintiff appealed, arguing various errors during the trial, including improper comments by opposing c
• Juliana Araujo v. Winn-Dixie Stores, Inc.
  290 So. 3d 936· Fla. 3d DCA· 2019-10-16
  The appellate court affirmed a trial court's judgment in favor of the plaintiff in a slip-and-fall case, as well as the denial of the plaintiff's motion for attorney's fees. The court found no legal merit in the plaintiff's claims of improper comments, evidentiary errors, or spol
• Molina v. State
  Fla. 3d DCA· 2019-10-16
  This case reviews a conviction for simple battery. The appellate court affirmed the conviction, finding no abuse of discretion in the trial court's denial of an objection to the prosecutor's closing statement regarding witness corroboration.
• Diamond Miami Corp. v. United States Citizenship & Immigr. Servs.
  S.D. Fla.· 2019-10-08
  The court held that USCIS's denial of the I-140 petition based on the non-disclosure of a familial relationship was not arbitrary or capricious, but its finding of fraud or willful misrepresentation based on employment history inconsistencies was arbitrary and capricious.
• Hummel v. Taft
  Fla. 5th DCA· 2019-10-04
  A trial court does not abuse its discretion in granting a new trial when the jury verdict is contrary to the manifest weight of the evidence, but the new trial must be limited to the scope of disputed issues supported by conflicting evidence.