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

• Philip Morris USA Inc. v. Veda Bryant
  274 So. 3d 464· Fla. 1st DCA· 2019-05-06
  A trial court does not abuse its discretion in denying mistrial when an improper attorney question is promptly sustained and is not so prejudicial as to vitiate the entire trial. A 2001 Engle stipulation providing a dollar-for-dollar credit against the class judgment does not app
• Rina Genise Couperthwaite v. Couperthwaite
  Fla. 1st DCA· 2019-05-06
  The court affirmed the trial court's denial of the mother's petition to relocate with the minor child under Florida Statute 61.13001, finding no abuse of discretion in the trial court's application of the law.
• Orange Springs Specialty Water & Bev. Co., LLC v. Delk
  Fla. 5th DCA· 2019-05-03
  The appellate court reversed a trial court's decision to amend a jury's verdict based on an ex parte conversation the judge had with jurors after their discharge. The court held that a judge cannot alter a jury's verdict based on informal, off-the-record discussions with jurors.
• Bent v. State of Fla. & Louis A. Quinones, JR.
  271 So. 3d 1212· Fla. 5th DCA· 2019-05-01
  A trial court abuses its discretion by refusing to hold a hearing on a motion to set bond when the motion is supported by a witness's recantation of identification testimony and corroboration by law enforcement.
• Dawson v. State
  268 So. 3d 1018· Fla. 1st DCA· 2019-04-29
  Charles K. Dawson appealed his conviction for failure to register as a sexual predator, challenging the trial court's denial of his requests for a special jury instruction regarding video surveillance maintenance and removal of references to 'sexual predator' from jury instructio
• J. A. L. v. R. M. A.
  Fla. 2d DCA· 2019-04-26
  This case involves a consolidated appeal concerning attorney's fees awarded to a mother in a paternity action. The appellate court reversed the award of attorney's fees due to the trial court's failure to make specific written findings regarding the reasonableness of the hours ex
• De Diego v. Barrios
  271 So. 3d 1181· Fla. 3d DCA· 2019-04-24
  A trial court abuses its discretion when it imposes an equitable lien on homestead property without competent, substantial evidence of fraudulent or egregious conduct by the party benefiting from the homestead protection. On remand, if the trial court reconsiders the equitable li
• Carnahan v. Norvell
  270 So. 3d 414· Fla. 4th DCA· 2019-04-24
  The trial court did not abuse its discretion in granting the motion in limine to exclude prior livestock escape evidence. The one prior incident Carnahan preserved (Carlton Road escape) was dissimilar to the collision at issue and failed to demonstrate the owner's negligence, as
• Safirstein v. Dept. of Health
  271 So. 3d 1178· Fla. 3d DCA· 2019-04-24
  The Board did not abuse its discretion in denying a continuance request filed one day before an informal hearing when the request was untimely under administrative rules requiring five days' notice except in emergencies, and the physician had already admitted to the factual alleg
• All Seasons Condo Assoc. v. Patrician Hotel
  Fla. 3d DCA· 2019-04-24
  # Legal Brief In *All Seasons Condo Assoc. v. Patrician Hotel*, the Third District Court of Appeal reversed the trial court's judgment in favor of Patrician Hotel, LLC and All Seasons Suites, LLC, holding that the condominium association's board must be afforded an opportunity o
• Cec Ent. v. Zaldivar
  274 So. 3d 433· Fla. 3d DCA· 2019-04-24
  # Legal Brief: CEC Entertainment v. Zaldivar CEC Entertainment appeals a trial court order granting a new trial in a negligence case arising from a booth tipping incident at a Chuck E. Cheese's restaurant, with the appellate court reversing the order and remanding to reinstate t
• Sec. Walls, Inc. v. Nat'l Labor Relations Bd.
  921 F.3d 1053· 11th Cir.· 2019-04-23
  The court held that the National Labor Relations Board did not abuse its discretion by refusing to reopen the administrative record, as the contractor's proffered evidence would not have changed the outcome.
• Pittman v. State
  268 So. 3d 946· Fla. 1st DCA· 2019-04-22
  The trial court did not abuse its discretion in denying the defendant's motions for mistrial where neither instance of allegedly improper testimony vitiated the entire trial.
• Kwame Fernanders v. State
  268 So. 3d 941· Fla. 1st DCA· 2019-04-22
  Kwame Fernanders was convicted of home invasion robbery with a firearm, kidnapping, false imprisonment, and grand theft following a joint trial with co-defendant Quintae Edwards. On appeal, Fernanders challenged the trial court's denial of a motion to sever their trials, arguing
• Levy v. Levy
  268 So. 3d 811· Fla. 4th DCA· 2019-04-17
  A durable power of attorney that specifically authorizes an agent to support a spouse survives the principal's subsequent incapacity and permits a court to award non-dissolution alimony despite the principal's potential incapacity.
• Leon v. Supreme Constr. Corp.
  274 So. 3d 422· Fla. 3d DCA· 2019-04-17
  Maria and Pedro Leon appealed a trial court's decision to deny dismissal of a debt collection case for lack of prosecution. The appellate court affirmed the trial court's refusal to dismiss, holding that the absence of a hearing transcript and unclear record regarding notice and
• Casey v. State
  Fla. 1st DCA· 2019-04-16
  Appellant filed a rule 3.800 motion to correct an allegedly illegal sentence for consecutive sentences on first-degree murder and attempted armed robbery convictions. The trial court denied the motion as successive, claiming it had already addressed the issue in a prior 2011 rule
• Smith v. State
  Fla. 1st DCA· 2019-04-05
  Smith was convicted of child sex abuse and sentenced to life in prison. On appeal, Smith challenged the admission of a video-recorded interview of the child victim and a recorded jail call with the infant's mother. The court affirmed the conviction, finding both pieces of evidenc
• S.L v. a minor
  268 So. 3d 801· Fla. 4th DCA· 2019-04-03
  A minor, through his mother as next friend, sought declaratory relief regarding real property allegedly sold by his father. After a bench trial, the trial court dismissed the complaint with prejudice but provided no findings of fact, conclusions of law, or rationale for its rulin
• Dorsey v. Dorsey
  266 So. 3d 1282· Fla. 1st DCA· 2019-04-03
  Former Husband and Former Wife appeal aspects of a final judgment dissolving their 23-year marriage involving substantial assets, equitable distribution, alimony, and child support. The appellate court affirms the trial court's overall equitable distribution scheme, alimony award
• Charlier v. State
  272 So. 3d 476· Fla. 3d DCA· 2019-04-03
  Ford Mahammad Charlier appeals his conviction for second degree murder of his girlfriend, Jasmine Richards, based on entirely circumstantial evidence. The court affirms the conviction, holding that the circumstantial evidence sufficiently excluded reasonable hypotheses of innocen
• Grimsley v. State
  267 So. 3d 568· Fla. 1st DCA· 2019-04-03
  Terrance Grimsley was convicted of unlawful sexual activity with a minor after DNA evidence showed he was the biological father of a child born to a 16-year-old victim. On appeal, Grimsley argued the prosecution improperly shifted the burden of proof by commenting on what he fail
• Howard v. State
  273 So. 3d 169· Fla. 5th DCA· 2019-03-29
  In this workers' compensation appeal, the Florida District Court of Appeal reversed the lower court's denial of benefits to fruit pickers injured while assisting stranded motorists. The court held that the claimants' rescue efforts constituted a compensable activity under the pos
• Bowman v. Hutto
  269 So. 3d 596· Fla. 1st DCA· 2019-03-28
  A trial court abuses its discretion when ordering a name change based solely on conclusory testimony that the name change reflects identity with both parents, without affirmative evidence that the change is required for the child's welfare. A finding of paternity alone cannot jus
• USA v. Gloger
  273 So. 3d 1046· Fla. 3d DCA· 2019-03-20
  In this Engle progeny wrongful death case, the court reversed a jury verdict in favor of Kenneth Gloger, the personal representative of his wife's estate, against tobacco manufacturers Phillip Morris USA Inc. and R.J. Reynolds Tobacco Company. The reversal was based on the trial
• J. D. P. v. State
  267 So. 3d 510· Fla. 2d DCA· 2019-03-20
  A juvenile court must make specific findings on the record when adjudicating a child delinquent and committing him to the Department of Juvenile Justice, and when departing from the DJJ's recommended disposition, must identify significant information the DJJ overlooked or miscons
• State v. Knowles
  265 So. 3d 733· Fla. 5th DCA· 2019-03-08
  A trial court does not abuse its discretion in excluding evidence of prior acts of child molestation when the court properly applies the McLean gatekeeping analysis and determines the prior acts are insufficiently similar and the probative value is substantially outweighed by the
• Bellezza v. Menendez
  Fla. 4th DCA· 2019-03-06
  Financial information concerning a plaintiff attorney's relationship with treating physicians is protected by attorney-client privilege and is neither discoverable nor admissible at trial, except for letters of protection which may show bias. The trial court abused its discretion
• King v. Dep't of Health
  Fla. 1st DCA· 2019-03-01
  A board may suspend a healthcare professional's license when the professional tests positive for a drug on a confirmed pre-employment drug screen without a lawful prescription and legitimate medical reason for using the drug.
• Pearson v. In re Engle Progeny Cases Tobacco Litigation
  Fla. 2d DCA· 2019-03-01
  A trial court abuses its discretion by denying a cause challenge to a juror who expresses bias that would create a barrier to impartiality, particularly when the juror states an opinion will be difficult to set aside despite assurances of measuring it against evidence. The error
• Pearson v. Philip Morris USA Inc.
  14 Fla. L. Weekly 2441· Fla. 2d DCA· 2019-03-01
  A trial court abuses its discretion by denying a cause challenge to a juror who expresses that he cannot set aside a bias favoring the opposing party, and the error is compounded when the court permits an out-of-turn peremptory strike that forces the challenging party to exhaust
• Barry v. State
  264 So. 3d 1176· Fla. 1st DCA· 2019-02-28
  The trial court did not abuse its discretion in consolidating two separate solicitation cases where both involved attempts to arrange murders of the same witnesses while appellant was awaiting trial, nor in admitting evidence of child molestation that was inextricably intertwined
• Brito v. S. Fid. Prop. & Cas.
  271 So. 3d 85· Fla. 3d DCA· 2019-02-27
  Ibis and Orlando Brito appealed the trial court's dismissal of their case and imposition of monetary sanctions for alleged discovery abuses and filing a 'sham claim.' The appellate court reversed the dismissal, finding that the Britos were denied sufficient due process and that t
• Winter Green at Winter Park Homeowners Ass'n, Inc. v. Ware
  264 So. 3d 1143· Fla. 5th DCA· 2019-02-22
  The appellate court affirmed the dissolution of a temporary injunction against a homeowners association but reversed the order compelling binding arbitration. The court found the injunction dissolution was proper due to suspicious notice irregularities, but the arbitration order
• Feuer v. Ivanov
  274 So. 3d 413· Fla. 3d DCA· 2019-02-13
  A notarized affidavit attesting to non-receipt of a notice of hearing is insufficient to establish grounds for vacating a dismissal order absent compliance with the requirements of Florida Rule of Civil Procedure 1.420(e).
• Landmark Am. Ins. Co. v. Pin-Pon Corp.
  Fla. 4th DCA· 2019-02-13
  The appellate court reversed a lower court's judgment, finding it erred in allowing an insured to withdraw from a pretrial stipulation regarding hurricane damage coverage limits and in miscalculating payments made by the insurer. The case was remanded for recalculation of the awa
• Rincon v. State
  264 So. 3d 956· Fla. 4th DCA· 2019-02-06
  A probation revocation based on providing false verification of ownership under Florida Statutes § 538.04(4)(a) requires proof that the defendant actually gave a false verification statement, not merely that the defendant was not the owner of pawned property. The court affirmed t
• Lantz v. State
  263 So. 3d 279· Fla. 1st DCA· 2019-02-05
  Justin David Lantz was convicted of first-degree premeditated murder for killing his mother, Robin Susan Lantz, by strangulation and blunt force trauma. Lantz appealed on three grounds: exclusion of victim intoxication evidence, denial of a modified jury instruction on premeditat
• Capitalsource Int'l, LLC v. Spiridon E. Pitsoulakis
  264 So. 3d 302· Fla. 5th DCA· 2019-02-01
  A trial court abuses its discretion in denying an extension of time to serve a defendant under Florida Rule of Civil Procedure 1.070(j) when the plaintiff demonstrates good cause and diligence in attempting service and dismissal would preclude refiling due to expiration of the st
• Berrocales v. State
  268 So. 3d 771· Fla. 4th DCA· 2019-01-30
  Jose Berrocales appeals the trial court's denial of his post-sentencing motion to withdraw his guilty plea to DUI with serious bodily injury. The central issue is whether Berrocales was adequately informed of the mandatory driver's license revocation required by law before enteri
• KT4 P'RS LLC
  Del.· 2019-01-29
  The Delaware Supreme Court held that the Court of Chancery abused its discretion in two key areas: first, by categorically denying a stockholder's request to inspect emails related to amendments of an Investors' Rights Agreement, and second, by imposing a broad jurisdictional use
• Recco v. State
  264 So. 3d 273· Fla. 5th DCA· 2019-01-25
  A trial court abuses its discretion by preventing a defendant from cross-examining a key prosecution witness with prior inconsistent statements and from publishing those inconsistencies to the jury, even when the witness is a child, because the defendant's right to full and fair
• WD 19790 v. Dan Tr.
  263 So. 3d 240· Fla. 3d DCA· 2019-01-23
  The appellate court reviewed a trial court's order granting a temporary injunction against a construction company (WD) for trespassing on a neighboring property owner's (Dan Trust) land. The primary issue was whether the injunction also covered airspace trespass by a tower crane.
• WD 19790 v. Dan Tr.
  263 So. 3d 240· Fla. 3d DCA· 2019-01-23
  This case concerns a temporary injunction granted to Dan Trust (Dan) against WD 19790, LLC (WD) for trespassing on Dan's vacant lot. The appellate court reversed the portion of the injunction that was interpreted to include airspace trespass by a tower crane, finding it was neith
• Wd 19790 v. Dan Tr.
  263 So. 3d 240· Fla. 3d DCA· 2019-01-23
  A temporary injunction order does not enjoin airspace trespass where the issue was neither pleaded in the complaint nor presented as evidence at the hearing, and a trial court cannot grant injunctive relief sua sponte for unpled claims.
• Proenza v. Suntrust Banks, N.A.
  263 So. 3d 225· Fla. 3d DCA· 2019-01-16
• Beanblossom v. Bay Dist. Schs.
  265 So. 3d 657· Fla. 1st DCA· 2019-01-14
  Johanna Beanblossom appealed the trial court's denial of her motion for leave to amend her complaint against Bay District Schools. The trial court denied the amendment request filed on the eve of summary judgment hearing, finding it was a last-minute attempt to circumvent summary
• The Pinnacle Condo Assoc. v. Haney
  262 So. 3d 260· Fla. 3d DCA· 2019-01-09
  The Pinnacle Condominium Association appeals the trial court's certification of a class action on behalf of condominium unit owners encumbered by a settlement agreement. The appellate court affirms the class certification, finding the trial court did not abuse its discretion in d
• Clark v. State
  268 So. 3d 751· Fla. 4th DCA· 2019-01-09
  Rodney Clark was convicted of first-degree murder in a cold case from 1987 that was solved through DNA evidence. On appeal, Clark challenged the admission of a latent fingerprint card and the testimony of witnesses who did not create the original evidence. The court affirmed the
• State v. Madcene Serfrere
  267 So. 3d 407· Fla. 4th DCA· 2019-01-09
  Madcene Serfrere was convicted of cocaine trafficking and possession. After sentencing, the trial court granted Serfrere's motion for new trial based on an alleged Brady violation regarding a detective under investigation for theft. The appellate court reversed, finding the withh