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

• Rodriguez v. Avatar Prop. & Cas. Ins. Co.
  Fla. 2d DCA· 2019-10-02 ·via Abuse Of Discretion Standard For Continuance
  Bobbie Jo Rodriguez appealed summary judgment entered against her in a breach of contract action against her homeowners insurance company, Avatar Property and Casualty Insurance Company. The appellate court reversed, finding the trial court abused its discretion by granting summa
• Cantero v. In re Est. of: Jane Althea Caswell
  Fla. 3d DCA· 2019-10-02
  The appellate court affirmed the trial court's decision to strike a creditor claim as untimely. The court found that the appellant was not a reasonably ascertainable creditor, and therefore, not entitled to personal service of notice to creditors.
• Lamont Tavius Lubin v. State
  Fla. 3d DCA· 2019-10-02
  The appellate court affirmed a conviction for attempted second-degree murder. The court held that sufficient evidence supported the conviction and that the defendant failed to preserve for appeal his argument regarding the admission of prior bad acts evidence.
• Frasch v. State
  Fla. 1st DCA· 2019-09-25
  The trial court did not abuse its discretion in denying the defendant's motion for a new trial based on an alleged Brady violation, admitting hearsay evidence (which was either properly excluded or harmless error given overwhelming evidence of guilt), or denying a belated withdra
• Vme Grp. Int'l, LLC v. The Grand Condo. Ass'n, Inc.
  Fla. 3d DCA· 2019-09-25
  A trial court does not abuse its discretion in denying a temporary injunction when the moving party fails to establish a clear legal right to relief and irreparable harm, and when adequate remedies at law exist for quantifiable damages such as lost rental income.
• Furr v. TD Bank, N.A.
  S.D. Fla.· 2019-09-24
  The court held that deposits into a debtor's own unrestricted bank accounts do not constitute 'transfers' under bankruptcy or Florida fraudulent transfer law, and affirmed the denial of leave to amend the complaints as futile.
• Hollomon v. State
  Fla. 1st DCA· 2019-09-20
  A restitution order is reviewed for abuse of discretion and must have a causal connection between the defendant's offenses and the restitution.
• Meir Strahlberg v. Kristian Covino
  Fla. 3d DCA· 2019-09-18
• Tremaine Beard v. State
  Fla. 4th DCA· 2019-09-18
  The defendant appeals his armed robbery conviction, challenging the trial court's admission of photographs depicting someone holding a handgun retrieved from his phone. The Fourth District Court of Appeal found the trial court erred in admitting the photographs due to insufficien
• Wilda Joseph v. Jeanty
  Fla. 4th DCA· 2019-09-18
  A trial court does not abuse its discretion in denying a motion for continuance when the reasons stated in the motion are insufficient.
• Jennings v. State
  Fla. 1st DCA· 2019-09-12
  A trial court does not violate a plea agreement by imposing a sentence that differs from the state's recommendation when the agreement explicitly limits the state's obligation to seeking a specified sentence and reserves sentencing discretion to the judge. Additionally, the state
• Taylor v. Warden, FCC Coleman - USP II
  M.D. Fla.· 2019-09-11
  The court held that the U.S. Parole Commission did not abuse its discretion in denying parole and setting a rehearing for 36 months, as the decision was rationally based on the extreme cruelty of the offense and the petitioner's risk.
• Castle Builders of Miami, Inc. v. Quirantes
  Fla. 3d DCA· 2019-09-11
  The appellate court affirmed a jury's verdict and judgment in a personal injury case. The court found no abuse of discretion in the trial court's handling of allegedly improper closing arguments and upheld the jury's damages award, finding it was supported by the evidence and not
• Hardy v. Hardy
  Fla. 1st DCA· 2019-09-09
  A trial court does not abuse its discretion in awarding all marital assets to the former wife and freezing the former husband's entire stock ownership plan as security for meaningful financial relief when the former husband is an unemployed domestic abuser who subsequently commit
• Alvarenga v. Milos Enters. Inc.
  Fla. 3d DCA· 2019-09-04
  The appellate court affirmed a trial court's decision in a slip-and-fall case. The court upheld the exclusion of a late-disclosed expert witness and the subsequent jury verdict for the defendant, finding no abuse of discretion by the trial judge.
• Charlaya Joanne Elaine Moore v. State
  Fla. 1st DCA· 2019-08-23
  A juror's response of "reluctantly" during jury polling is not ambiguous and does not require clarification or further deliberation when it affirms that the verdict is the juror's true verdict. The trial court did not abuse its discretion in accepting the verdict without inquirin
• Brown v. State
  Fla. 1st DCA· 2019-08-22
  The trial court properly admitted Williams Rule evidence of a prior shooting to prove the defendant's identity as the killer, and the filing of a motion to withdraw the guilty plea in the collateral case did not require a second evidentiary hearing on admissibility. The court als
• Donata Dirusso v. Cit Bank, N.A.
  Fla. 3d DCA· 2019-08-21
• Perez v. The Bank of N.Y. Mellon
  Fla. 3d DCA· 2019-08-21
• Mesa v. Miami-Dade Cnty.
  Fla. 3d DCA· 2019-08-21
  The appellate court affirmed the trial court's decision to deny a motion to vacate a dismissal for lack of prosecution. The court found that the former firefighter's attorney's inaction was deliberate, not excusable neglect, and thus the trial court did not abuse its discretion.
• Marini v. Kellett
  Fla. 5th DCA· 2019-08-16
  The appellate court reversed and remanded a paternity and time-sharing case, finding the trial court abused its discretion in several key areas. These included an unreasonable travel schedule for the child, changing the child's surname, and errors in calculating child support and
• Pino v. CGH Hosp., Ltd.
  Fla. 3d DCA· 2019-08-14
  The appellate court affirmed the dismissal of a personal injury lawsuit, finding that the trial court did not abuse its discretion in dismissing the case for fraud upon the court. The appellant's actions, including misrepresenting injuries and fabricating evidence, constituted a
• Beck v. Howard
  Fla. 2d DCA· 2019-08-09
  William Beck appeals a temporary custody order granting primary custody of the parties' child to Cassandra Lewis (the Mother) and terminating an earlier order granting temporary custody to the maternal grandmother. The Father challenges the time-sharing arrangement and associated
• Monts v. State
  Fla. 5th DCA· 2019-08-08 ·via Abuse Of Discretion Standard For Evidence Admission
  Bobbie Lee Monts appeals his felony battery conviction, challenging the admission of jail communications suggesting alibi fabrication and the trial court's limitation of cross-examination regarding the victim's deferred prosecution agreement. The court affirmed the conviction, fi
• Tiger
  Del.· 2019-08-07
  The Supreme Court of Delaware held that while a court may impose reasonable confidentiality restrictions on a Section 220 inspection, there is no presumption of confidentiality. The temporal duration of such an order should be determined by balancing the stockholder's and corpora
• E.P.V. v. Dep't of Child. & Families
  Fla. 3d DCA· 2019-07-31
  The appellate court affirmed a trial court's order requiring a mother to undergo a mental health evaluation. The court found that the mother's consent plea to dependency allegations, which included lack of impulse control and substance abuse, provided sufficient grounds for the e
• McDaniels v. McDaniels
  Fla. 1st DCA· 2019-07-23
  # Legal Brief In McDaniels v. McDaniels, the First District Court of Appeal affirmed the trial court's denial of modification of a non-modifiable alimony obligation, holding that the appellant failed to satisfy the contractual requirement of obtaining a physician's determination
• Urrea v. Koplow
  Fla. 3d DCA· 2019-07-17
• Levares Conyers v. State
  Fla. 4th DCA· 2019-07-17
  A trial court errs in admitting hearsay testimony from a police officer regarding accusatory information received from a non-testifying confidential informant when the only relevance is to show a logical sequence of events leading to an arrest, as the prejudicial effect outweighs
• Asia Roshonda Simpson v. State
  Fla. 5th DCA· 2019-07-12
  The appellate court reversed a conviction for aggravated battery, finding that the trial court abused its discretion by preventing defense counsel from questioning potential jurors about battered-spouse syndrome. This defense was central to the defendant's claim of self-defense.
• Medalie v. Merrily G. Sparks
  Fla. 4th DCA· 2019-07-10
  A trial court did not abuse its discretion in denying a downward modification of child support based on an agreement and in awarding the mother's attorney's fees and costs, though a $70 billing error requires correction on remand.
• Medalie v. Merrily G. Sparks
  Fla. 4th DCA· 2019-07-10
  This case involves a father's appeal of a trial court's denial of his petition to modify child support and an award of attorney's fees to the mother. The appellate court affirmed the denial of modification and the majority of the fees but remanded for a minor credit to the father
• Valentin Spataru v. Fla. Dep't of Transp.
  275 So. 3d 248· Fla. 3d DCA· 2019-07-03
  A trial court does not abuse its discretion by dismissing a complaint with prejudice when a party deliberately and contumaciously disregards a court order prohibiting pro se filings.
• Beckell v. The Bank of N.Y. Mellon
  275 So. 3d 245· Fla. 3d DCA· 2019-07-03
  When a party has filed or served documents in an action, Florida Rule of Civil Procedure 1.500(b) requires that the party be served with notice of a default application in sufficient time to permit meaningful action upon receipt. Entry of default within twenty-four hours of servi
• Betancourth v. Leon
  274 So. 3d 1238· Fla. 5th DCA· 2019-06-28
  A trial court's issuance of a three-year injunction against domestic violence is affirmed when supported by competent, substantial evidence including testimony regarding current incidents and historical domestic violence.
• Saintamen Edwards v. State
  274 So. 3d 1222· Fla. 3d DCA· 2019-06-26
  The appellate court affirmed a conviction for official misconduct, holding that a police officer had no reasonable expectation of privacy in a personal flash drive plugged into her work computer. The court found that the nature of the workplace and the lack of precautions taken b
• Alfonso v. State
  275 So. 3d 215· Fla. 3d DCA· 2019-06-26
  A show-up identification is valid despite its inherent suggestiveness when, under the totality of circumstances, the witness had adequate opportunity to view the suspect, demonstrated high attention and certainty, and the identification was made shortly after the crime. The trial
• Am. Integrity Ins. Co. v. Estrada
  Fla. 3d DCA· 2019-06-26
  The appellate court reversed a final judgment for the insured in a homeowner's insurance dispute. The court found the trial court abused its discretion by striking the insurer's fraud defense without leave to amend and by directing a verdict against the insurer on other defenses
• Strong v. Underwood
  275 So. 3d 760· Fla. 5th DCA· 2019-06-21
  A patient's statement in a medical record identifying the cause of an accident is admissible as an admission by a party-opponent under Florida Evidence Code § 90.803(18)(a), even if the statement may have been transmitted through multiple hospital staff members, provided each lay
• Smith v. Unum Life Ins. Co. of Am.
  275 So. 3d 757· Fla. 5th DCA· 2019-06-21
  Prejudgment interest on attorney's fees accrues from the date entitlement is fixed through settlement agreement, and an expert's fee for preparing a court-ordered affidavit is a taxable cost under the Statewide Uniform Guidelines, but the trial court has discretion to exclude pre
• Green Tree Servicing, LLC v. Jill-Capri Simms
  274 So. 3d 1187· Fla. 5th DCA· 2019-06-14
  The appellate court reversed a trial court's involuntary dismissal of a foreclosure action, finding that the trial court abused its discretion by excluding crucial business records. These records, if admitted, would have shown that the payment intended to cure the default was mad
• Byrd v. State
  272 So. 3d 1289· Fla. 1st DCA· 2019-06-07
  Although a defendant charged with a nonviolent felony drug offense and identified as having a substance abuse problem is eligible for a pre-trial treatment-based program under section 948.08(6), Florida Statutes, a trial court does not abuse its discretion in denying the motion w
• Cooley v. State
  273 So. 3d 258· Fla. 1st DCA· 2019-05-28
  Even assuming a Miranda violation occurred during the defendant's custodial interview with a child protective investigator, the error was harmless beyond reasonable doubt because the remaining evidence was extensive, consistent, and the most damaging statements from the interview
• Country Club of Miami Condo Assoc. v. Gracia
  274 So. 3d 1155· Fla. 3d DCA· 2019-05-22
  A trial court does not abuse its discretion in denying attorney's fees to a party where the case is dismissed for mootness unrelated to the merits rather than on a favorable judgment on the merits.
• The Bank of N.Y. Mellon v. Johnson
  270 So. 3d 1269· Fla. 1st DCA· 2019-05-13
  A bank appealed the dismissal of its foreclosure action imposed as a sanction for alleged noncompliance with court orders. The appellate court reversed the dismissal, finding that the bank had actually complied with the specific discovery orders cited in the motion for sanctions
• Lindsay v. State
  270 So. 3d 555· Fla. 1st DCA· 2019-05-13
  A trial court does not abuse its discretion in denying a continuance when the defendant fails to show good cause for the delay or resulting prejudice.
• Plaza la Mer, Inc. v. Delray Prop. Invs., Inc.
  275 So. 3d 640· Fla. 4th DCA· 2019-05-08
  This case, the oldest active case in Palm Beach County, returns to the appellate court for review of a final judgment awarding attorney's fees and costs. The court affirmed the lower court's decision, finding no abuse of discretion in the allocation of fees and costs to the appel
• S. Square Dev., Inc. v. Delray Prop. Invs., Inc.
  Fla. 4th DCA· 2019-05-08
  A trial court does not abuse its discretion in declining to apportion attorney's fees between co-plaintiffs who jointly prosecuted claims, shared counsel and legal strategy, and presented singular arguments and shared witnesses throughout the litigation. The court may award fees
• Bj's Wholesale Club v. Bugliaro
  Fla. 3d DCA· 2019-05-08
  A trial court lacks subject matter jurisdiction over a sales tax refund claim when the plaintiff has not exhausted administrative remedies with the Department of Revenue as required by section 215.26, Florida Statutes. Additionally, a class definition is not ascertainable when it
• Plaza la Mer, Inc. v. Delray Prop. Invs., Inc.
  Fla. 4th DCA· 2019-05-08
  This case, described as the oldest active case in Palm Beach County, returns to the appellate court limited to the circuit court's final judgment awarding attorney's fees and costs. The court affirmed the circuit court's allocation of fees and costs, finding no abuse of discretio