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

• CDC Cap. Invs., LLC v. MTGLQ Invs., L.P.
  260 So. 3d 1187· Fla. 1st DCA· 2018-12-31
  An appellant's failure to file the transcript of proceedings prevents meaningful appellate review and requires affirmance of the judgment.
• Sonneman v. State
  260 So. 3d 1181· Fla. 5th DCA· 2018-12-28
  The trial court did not abuse its discretion in denying the defendant's motion to interview the foreperson because the defendant failed to establish that the foreperson concealed information or that the defendant exercised due diligence, as neither party asked jurors whether they
• Clark v. State
  262 So. 3d 251· Fla. 5th DCA· 2018-12-28
  A defendant who makes an unequivocal request for self-representation and demonstrates through testimony that he is literate, competent, and understands the advantages of counsel and disadvantages of self-representation is constitutionally entitled to represent himself, and denial
• Sacks v. The Bank of N.Y. Mellon
  264 So. 3d 938· Fla. 4th DCA· 2018-12-19
  The Fourth District Court of Appeal affirmed a foreclosure judgment against appellants Mark and Barbara Sacks but reversed and remanded regarding the admissibility of payment history records. The court found error in the trial court's admission of payment history that incorporate
• Janoura P'rs, LLC v. Palm Beach Imports, Inc.
  264 So. 3d 942· Fla. 4th DCA· 2018-12-19
  An auto dealership and shopping center disputed the scope of a 1989 cross-access easement (CAA) that allowed ingress and egress between their properties. The shopping center's new owner terminated a 2014 month-to-month agreement permitting the dealership to load and unload vehicl
• Westchester Fire Ins. Co. v. Kesoki Painting
  260 So. 3d 550· Fla. 3d DCA· 2018-12-19
  An award of attorney's fees to the prevailing party is reviewed for abuse of discretion, and absent a hearing transcript, appellate review is limited to errors apparent on the face of the judgment.
• Bank of Am. v. Atkin
  Fla. 3d DCA· 2018-12-14
  Bank of America petitions for a writ of prohibition to prevent the trial court from proceeding with a contempt motion filed by the borrower's newly substituted counsel. The trial court denied Bank of America's motion to disqualify the judge, finding the borrower's fraud allegatio
• BRO v. BRO
  262 So. 3d 218· Fla. 2d DCA· 2018-12-14
  The court held that the trial court erred by ordering the sale of a non-party LLC's property and by including a tax refund in equitable distribution without a finding of misconduct.
• Bro v. Bro
  262 So. 3d 218· Fla. 2d DCA· 2018-12-14
  Cynthia J. Bro appeals the trial court's equitable distribution scheme in her marriage dissolution from Keith Bro. The appellate court reverses and remands, finding that the trial court lacked authority to order the sale of CK Holdings LLC property (a non-party entity) and improp
• Hayes Robertson Grp. v. Cherry
  Fla. 3d DCA· 2018-12-12
  The trial court did not abuse its discretion in excluding the forensic toxicologist's opinion on habitual addiction to alcohol, as medical diagnosis of alcohol use disorder falls outside the expert's field of expertise in forensic toxicology and requires qualifications the expert
• Vento v. Balboa Ins. Co.
  261 So. 3d 576· Fla. 4th DCA· 2018-12-12
  Joseph Vento appeals a final judgment dismissing one of two consolidated insurance cases with prejudice due to alleged failure to comply with a court order to file a second amended complaint. The appellate court reverses, finding that the record does not support the extreme sanct
• Gear v. State
  257 So. 3d 1243· Fla. 1st DCA· 2018-12-10
  Billy Gear appeals his convictions for first-degree murder and kidnapping of Melissa Darnell, challenging the admission of dog tracking evidence and the denial of a motion for judgment of acquittal on the kidnapping charge. The appellate court affirmed both the conviction and the
• Dieuvil v. Royale Fla. Enters., Inc.
  259 So. 3d 309· Fla. 3d DCA· 2018-12-05
  The trial court properly denied a motion for new trial based on allegedly newly discovered evidence, but the consecutive sentences of 25 years each for robbery and burglary must be reversed because the trial court relied on the defendant's habitual offender status as a primary de
• Hinck v. State
  260 So. 3d 325· Fla. 4th DCA· 2018-12-05
  A defendant's statement qualifies as an excited utterance admissible under Florida Statute § 90.803(2) when it satisfies the three-prong test: the event is startling enough to cause nervous excitement, the statement is made before there is time to contrive or misrepresent, and th
• Citizens Prop. Ins. Corp. v. Ballester
  259 So. 3d 977· Fla. 3d DCA· 2018-11-29
  Citizens Property Insurance Corporation appealed a jury verdict in favor of Pedro and Janette Ballester in a property damage insurance dispute arising from a marijuana grow house explosion. The appellate court affirmed the trial court's judgment, though it expressed serious conce
• Colgan v. Shadow Point
  Fla. 3d DCA· 2018-11-28
  Colgan, as trustee, appeals a trial court judgment that granted Shadow Point declaratory and injunctive relief regarding riparian rights to disputed waterfront property while denying Shadow Point's quiet title and ejectment claims. The appellate court reverses, finding that becau
• Nestor v. Est. of Victor Posner
  260 So. 3d 417· Fla. 3d DCA· 2018-11-28
  A trial court does not abuse its discretion in approving a settlement agreement under section 733.708, Florida Statutes, when competent substantial evidence establishes that the settlement is fair, beneficial to the estate, and in the best interest of interested persons. The sett
• Mosaic Fertilizer v. Curd
  259 So. 3d 239· Fla. 2d DCA· 2018-11-09
  The putative class failed to demonstrate a reasonable methodology for proving classwide claims, as required under Florida Rule of Civil Procedure 1.220(b)(3)'s predominance requirement. Class certification was therefore improper, even when limited to a liability phase.
• Aquasol Condo Assoc. v. HSBC Bank USA
  Fla. 3d DCA· 2018-10-31 ·via Abuse Of Discretion In Denying Continuance
  An attorney who makes statements without an objectively reasonable factual basis concerning the qualifications or integrity of judges violates Rule 4-8.2(a) of the Rules Regulating the Florida Bar and Florida Rule of Appellate Procedure 9.410(a), warranting sanctions including re
• Lazzaro v. State
  257 So. 3d 543· Fla. 5th DCA· 2018-10-05
  The court held that the State improperly bolstered the victim's credibility during closing argument by highlighting the victim's lack of a prior criminal record, which constituted an abuse of discretion and prejudiced the defendant.
• Lazzaro v. State
  257 So. 3d 543· Fla. 5th DCA· 2018-10-01
  Anthony Lazzaro was convicted of three counts of dealing in stolen property and three counts of giving false verification of ownership to a pawnbroker following a jury trial. The appellate court reversed and remanded for a new trial, finding the trial court abused its discretion
• The Florida Bar v. Bosecker
  Fla.· 2018-09-27 ·via Abuse Of Discretion Standard For Evidentiary Rulings
  A suspended attorney who continues to practice law by providing legal services to clients, fails to timely notify clients and courts of suspension, engages in direct client contact, and makes misrepresentations to the court regarding compliance with suspension requirements is sub
• Cherry v. Viker
  254 So. 3d 1184· Fla. 1st DCA· 2018-09-25
  In a family law matter involving modification of a parenting plan and child support, the appellate court reversed an award of $7,300 in appellate attorney's fees to the appellee. The trial court had awarded the fees on remand, finding the appeal unnecessary because the appellant
• Williams v. State
  252 So. 3d 859· Fla. 1st DCA· 2018-09-14
  Antonio Antwan Williams appealed his multiple convictions, challenging the trial court's denial of his pre-trial motion to exclude evidence regarding a domestic dispute with his wife. The court affirmed his convictions but remanded the case to correct a clerical error in the judg
• Alisa Vartumyan v. Bean
  254 So. 3d 1161· Fla. 3d DCA· 2018-09-12
  Mother Alisa Vartumyan appeals a trial court's supplemental final judgment modifying the parenting plan. The Florida District Court of Appeal, Third District affirms the parenting plan modifications as supported by competent substantial evidence but dismisses the appeal regarding
• Donovan M. Henry v. State
  255 So. 3d 365· Fla. 4th DCA· 2018-09-12
  Donovan Henry was convicted of second-degree murder with a firearm, burglary with a firearm, and robbery with a firearm following the fatal shooting of Nicholas Acosta during a marijuana transaction that turned into a robbery. Henry appealed, arguing that prosecutorial misconduct
• Fry v. Fry
  255 So. 3d 873· Fla. 4th DCA· 2018-09-12
  # Legal Brief In *Fry v. Fry*, the Fourth District Court of Appeal of Florida affirmed the trial court's final parenting plan, including the timesharing schedule and delegation of decision-making authority to the former wife, holding that the trial court properly denied the appe
• State v. Sisco
  254 So. 3d 1139· Fla. 3d DCA· 2018-09-05
  The State appealed a trial court's downward departure sentence for Kristina Sisco, convicted of burglary of a dwelling. The Florida District Court of Appeal, Third District affirmed the sentence, finding sufficient evidence that Sisco acted under the domination of her criminal bo
• Medina v. State
  254 So. 3d 1148· Fla. 4th DCA· 2018-09-05 ·via Abuse Of Discretion Standard For Evidentiary Rulings
  An erroneous Stand Your Ground jury instruction does not constitute fundamental error where the defendant was not engaged in unlawful activity and was in a place where he had a right to be, and admissions of intentionally lying to police and doctors are admissible to show conscio
• Taylor v. State
  Fla. 5th DCA· 2018-08-27 ·via Abuse Of Discretion In Denying Continuance
  The trial court did not abuse its discretion in denying a continuance and advancing the suppression hearing where it bifurcated the proceedings, giving the defendant over thirty days to secure witnesses and prepare. The appellate court lacked jurisdiction to review the suppressio
• Clements v. Clements
  Fla. 5th DCA· 2018-08-27
  A trial court abuses its discretion when it adopts one party's proposed final judgment verbatim without conducting independent analysis and making its own findings of fact and conclusions of law. The court must independently analyze all issues including alimony, time-sharing, chi
• Sacks v. The Bank of N.Y. Mellon
  Fla. 4th DCA· 2018-08-22 ·via Abuse Of Discretion Standard For Evidentiary Rulings
  An affidavit supporting summary judgment in foreclosure must establish trustworthiness when business records incorporate a predecessor servicer's payment history by demonstrating either verification of accuracy or a business relationship ensuring reliability; a bare recitation of
• Scott v. State
  253 So. 3d 125· Fla. 1st DCA· 2018-08-10
  A probationer cannot be found to have willfully and substantially violated probation based on a condition not actually imposed by the trial court. Where the written probation order requires full-time employment or good faith job search efforts, failure to obtain employment at a s
• Villafane v. Maradona
  253 So. 3d 708· Fla. 3d DCA· 2018-08-08
  Claudia Rosana Villafane and her companies appealed a trial court's order denying their motion to dismiss Diego Armando Maradona's fraud and conversion complaint based on forum non conveniens. Maradona, Villafane's ex-husband, alleged she misappropriated his funds while managing
• State Attorney's Off. OF THE 17TH Jud. Cir. v. Cable News Network, Inc.
  Fla. 4th DCA· 2018-08-03
  Surveillance video footage recorded by school security cameras is a public record not exempt from disclosure as active criminal investigative information because it was created and compiled by the school before any criminal investigation began, not by law enforcement. Although th
• Malvicino v. Schvartzman
  252 So. 3d 365· Fla. 3d DCA· 2018-08-01
  The trial court did not abuse its discretion in its decision.
• Denis v. Denis
  252 So. 3d 365· Fla. 3d DCA· 2018-08-01
  The trial court did not abuse its discretion in denying alimony and attorney's fees, but erred in ordering Wife to pay one-third of uninsured medical and dental expenses when the Child Support Guidelines Worksheet calculated her responsibility at 28.48 percent.
• Anderson v. Broward Cnty. Sheriff's Off. & Gallagher Bassett Servs., Inc.
  251 So. 3d 318· Fla. 1st DCA· 2018-07-25
  A Judge of Compensation Claims may consider a claimant's financial need when deciding whether to award an advance under section 440.20(12)(c), Florida Statutes, even when the stated purpose of the advance is to pay for expenses related to establishing compensability or entitlemen
• Antonio F. Defilippo M.D. & S. Fla. Psychiatric Servs., Inc. v. Curtin
  Fla. 4th DCA· 2018-07-25
  A trial court errs by precluding a physician from testifying that he was absent during a patient's admission and unaware of the patient's existence when such testimony is relevant to whether the physician negligently supervised an ARNP. A trial court errs by instructing a jury th
• Milo A. Rose v. State
  249 So. 3d 547· Fla.· 2018-07-19
  Milo Rose, a death row inmate, sought to waive postconviction proceedings and discharge his collateral counsel after the counsel filed a successive postconviction motion against Rose's wishes seeking Hurst relief. The Florida Supreme Court affirmed the postconviction court's gran
• Justine G. Gordon v. Gatlin Commons Prop. Owners
  254 So. 3d 452· Fla. 4th DCA· 2018-07-18
  Dismissal of a plaintiff's case with prejudice as a sanction for counsel's discovery violations is an abuse of discretion when the plaintiff was not personally involved, had diligently prosecuted the case for nearly two years before violations occurred, and mitigating circumstanc
• Fcci Commercial Ins. Co. v. Empire Indem. Ins. Co.
  250 So. 3d 858· Fla. 2d DCA· 2018-07-13
  A trial court may not award attorney's fees against an insurer under its inherent authority to sanction egregious or bad-faith conduct unless the court makes specific findings of the insurer's own egregious or bad-faith conduct, not merely findings that the insurer gave general d
• Daniels v. State
  250 So. 3d 855· Fla. 2d DCA· 2018-07-13
  A trial court's complete failure to conduct a preliminary Nelson inquiry in response to a defendant's request to discharge court-appointed counsel constitutes per se structural error requiring reversal, even when stand-by counsel is appointed. The court must conduct at least a pr
• Mejias Gonzalez v. Marin Baez
  250 So. 3d 842· Fla. 3d DCA· 2018-07-11
  Yuniel Mejias Gonzalez appealed a permanent domestic violence injunction entered against him, arguing that the trial court abused its discretion and that the appellee testified to incidents not listed in her petition. The appellate court affirmed, finding no abuse of discretion a
• Sencion v. Medula Network
  250 So. 3d 838· Fla. 3d DCA· 2018-07-05
  A trial court abuses its discretion by denying a motion to vacate a default when the defendant demonstrates excusable neglect (failure to receive notice due to mailing to wrong address), a meritorious defense (assertion that payment was already made), and due diligence in seeking
• Moody v. Moody
  250 So. 3d 770· Fla. 1st DCA· 2018-06-28
  A party defending against child support enforcement may raise equitable defenses, such as assuming custody of a child, on their merits without first filing a formal modification petition, and pro se pleadings must be evaluated based on their substance rather than their label.
• Miami-Dade Expressway Auth. & Javier Rodriguez v. Tropical Trailer Leasing, L.L.C.
  250 So. 3d 751· Fla. 3d DCA· 2018-06-27
  The Florida Third District Court of Appeal affirmed the trial court's certification of a class action by trailer leasing companies challenging Miami-Dade Expressway Authority's toll collection practices, which allegedly improperly charged trailer owners for tolls incurred by sepa
• Dunbar v. State
  245 So. 3d 1013· Fla. 5th DCA· 2018-06-15
  Brown was convicted of two counts of DUI/manslaughter and sentenced to three years imprisonment. On appeal, he challenged the admission of expert testimony regarding alcohol's effects on the body, vehicle speed estimation, and the exclusion of rebuttal witness testimony. The cour
• Fitzpatrick v. Meredith
  248 So. 3d 1251· Fla. 4th DCA· 2018-06-06
  A summary judgment on an indemnification cross-claim is premature when entered before liability is determined, and Rule 1.540(b)(5) provides equitable relief to set aside such a judgment when a subsequent jury verdict exonerates the indemnitee, even if the indemnitee's counsel di
• State v. Sisco
  Fla. 3d DCA· 2018-05-30
  A trial court does not abuse its discretion in imposing a downward departure sentence when competent substantial evidence supports a finding that the defendant acted under the domination of another person as defined by Florida Statutes section 921.0026(2)(g).