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

• Cledenord v. State
  247 So. 3d 545· Fla. 4th DCA· 2018-05-23
  Although a trial court errs in applying the post-conviction standard for newly discovered evidence to a pre-trial motion for reconsideration of a suppression ruling, the error is harmless when the new evidence would not have impacted the prior suppression ruling. In pre-trial rec
• Graham v. Uphold
  245 So. 3d 964· Fla. 1st DCA· 2018-04-30
  Dr. Graham challenges a trial court order appointing a custodian to manage a jointly-owned business while dissolution proceedings were statutorily stayed. Dr. Graham elected to purchase Dr. Uphold's shares and requested a fair value determination, which triggered a mandatory stay
• Williams v. State
  244 So. 3d 318· Fla. 4th DCA· 2018-04-25
  In a Jimmy Ryce civil commitment proceeding, the trial court abused its discretion by admitting hearsay evidence of three prior incidents that lacked indicia of reliability: two cases where the State filed no charges and one where the defendant was acquitted of the sexual charge.
• Joseph v. State
  Fla. 4th DCA· 2018-04-25 ·via Abuse Of Discretion Standard For Evidentiary Rulings
  The forfeiture-by-wrongdoing exception to the hearsay rule requires proof that the defendant intentionally caused or intentionally acquiesced in wrongfully causing the witness's unavailability, and the state failed to meet this burden where the evidence showed only that the co-de
• Greenfield v. Tallahassee Police Dep't & City of Tallahassee Risk Mgmt. Dep't
  243 So. 3d 1050· Fla. 1st DCA· 2018-04-20
  An employer/carrier is not entitled to a no-show fee when it fails to comply with Florida Statutes § 440.13(5)(c), which requires written confirmation of an independent medical examination at least seven days before the scheduled date to both the employee and counsel. Additionall
• Wilkerson v. MV Transp., Inc.
  242 So. 3d 524· Fla. 5th DCA· 2018-04-13
  Mary Wilkerson appeals the trial court's dismissal of her negligence complaint against MV Transportation, Inc. for missing a court-ordered deadline to amend. The Florida District Court of Appeal, Fifth District reversed, holding that the trial court abused its discretion by dismi
• Wilkerson v. MV Transp.
  Fla. 5th DCA· 2018-04-09
  A trial court must consider all six Kozel factors before dismissing a complaint as a sanction for an attorney's failure to meet a court-ordered deadline.
• Scott v. State
  241 So. 3d 977· Fla. 5th DCA· 2018-04-06
  Wayne Scott appealed his judgment and sentence for violating probation after pleading guilty pro se. The Florida District Court of Appeal, Fifth District reversed, finding that the trial court failed to conduct an adequate Faretta inquiry to ensure Scott knowingly and intelligent
• Musson v. State
  242 So. 3d 512· Fla. 2d DCA· 2018-04-06
  Vanessa Musson filed a petition alleging ineffective assistance of appellate counsel. The original trial conviction involved multiple crimes including simple battery, aggravated battery, kidnapping, grand theft, and armed robbery. On appeal, the appellate court reversed only the
• Robinson v. State
  241 So. 3d 972· Fla. 1st DCA· 2018-04-05
  Dylan Robinson appeals his conviction for sexual battery with force likely to cause serious personal injury. Robinson admitted to sexual contact but claimed it was consensual, while the victim testified it was rape. The appellate court affirmed his conviction after rejecting thre
• Agustin Torres v. Dept. of Revenue
  241 So. 3d 201· Fla. 4th DCA· 2018-04-04
  A father challenged a final administrative child support order, arguing that retroactive child support was miscalculated and he was entitled to a $200 credit for direct payments made to the mother during the retroactive period. The court agreed that the father was entitled to the
• Scott v. State
  Fla. 5th DCA· 2018-04-02
  A trial court must conduct a thorough Faretta inquiry that addresses the defendant's mental capacity, the dangers and disadvantages of self-representation, possible consequences of charges, and other relevant factors before accepting a waiver of the right to counsel.
• Hashmi-Alikhan v. Staples
  Fla. 5th DCA· 2018-03-26
  A medical malpractice case involving the death of Glenn Staples from cerebral hemorrhage caused by severe thrombocytopenia. The jury returned a defense verdict, but the trial court granted a new trial based on manifest weight of the evidence, finding the defendants' expert witnes
• Marlyn Tracey v. Wells Fargo Bank N. A.
  Fla. 2d DCA· 2018-03-23
  A trial court abuses its discretion under Florida Rule of Civil Procedure 1.190(b) when it permits amendment of pleadings to conform to evidence over a party's objection if the amendment introduces a new or abandoned theory of recovery that the objecting party had no notice to pr
• Castanos v. State
  240 So. 3d 881· Fla. 5th DCA· 2018-03-23
  Jimmy Castanos appealed his convictions for robbery with a weapon, battery upon a person sixty-five or older, and false imprisonment, challenging the trial court's refusal to permit re-cross-examination of the victim regarding the length of a police interview. The Florida Distric
• Teias Peatenlane v. State
  240 So. 3d 17· Fla. 4th DCA· 2018-03-14
  Once a trial court imposes a youthful offender sentence, it must continue that status upon resentencing after a violation of probation or community control, even though the court may impose up to the statutory maximum. The circuit court's finding that appellant posed a danger to
• Faris v. Southern-Owners Ins. Co.
  240 So. 3d 848· Fla. 5th DCA· 2018-03-09
  Faris appeals the dismissal with prejudice of his breach of contract claim against his insurance company as a sanction for undergoing spinal surgery in violation of a court order compelling a preoperative medical examination. The Florida District Court of Appeal, Fifth District r
• London v. State
  240 So. 3d 746· Fla. 4th DCA· 2018-03-07
  Appellant was convicted of multiple charges related to an armed burglary committed with co-defendant Eric Mobley. Appellant appeals his convictions challenging the admissibility of a video recording of statements he made to a confidential informant and other trial issues. The app
• Faris v. Southern-Owners Ins. Co.
  240 So. 3d 848· Fla. 5th DCA· 2018-03-05
  Robert William Faris appeals the trial court's dismissal with prejudice of his breach of contract claim against his insurance company as a sanction for undergoing spinal surgery in defiance of a court order requiring a preoperative compulsory medical examination. The court revers
• Pinestraw v. State
  238 So. 3d 918· Fla. 1st DCA· 2018-02-28
  Appellant was convicted of first-degree murder, attempted murder, and shooting into an occupied building following a shooting at an apartment that killed a 22-month-old child. He filed a motion under Florida Rule of Civil Procedure 3.850 seeking post-conviction relief based on in
• Statham v. State
  239 So. 3d 196· Fla. 1st DCA· 2018-02-28
  A prosecutor's closing argument does not improperly shift the burden of proof when it responds to defense arguments lacking evidentiary support by explaining why existing evidence should not be doubted.
• Stufft v. Stufft
  238 So. 3d 419· Fla. 5th DCA· 2018-02-23
  Joseph Stufft appeals a final judgment dissolving his marriage, challenging provisions that characterize payments to his ex-wife for her equitable distribution share in business sale proceeds as 'support' enforceable by contempt, and the trial court's failure to distribute the pa
• Moore v. Est. of Flaire Mae Albee
  Fla. 5th DCA· 2018-02-19
  Although the trial court erred by applying an outdated legal standard for awarding attorney's fees under section 57.105, the denial of the fee motion was properly affirmed under the tipsy coachman rule because Moore and the heirs did not prevail on the underlying defenses upon wh
• Brown v. State
  238 So. 3d 415· Fla. 1st DCA· 2018-02-19
  # Legal Brief: Scott Brown v. State of Florida The First District Court of Appeal affirmed Scott Brown's conviction under Florida Statutes § 847.0138(2), holding that the trial court did not abuse its discretion in denying a special jury instruction regarding the statutory eleme
• Evander Stickney v. State
  237 So. 3d 1022· Fla. 4th DCA· 2018-02-14 ·via Abuse Of Discretion Standard For Jury Instructions
  Evander Stickney appeals his felony battery conviction arising from a physical altercation with his former girlfriend, Marika Ellis. The trial court instructed the jury on Ellis's right to use self-defense, and Stickney argues this instruction was improper and misleading. The cou
• Water Bridge 5 Ass'n, Inc. v. Davis
  237 So. 3d 1036· Fla. 4th DCA· 2018-02-14
  An award of attorney's fees in an amount inconsistent with predicate findings regarding the reasonable number of hours expended or reasonable hourly rate is reversible error. A trial court's award of costs cannot be reviewed for abuse of discretion without a transcript of the hea
• Wromas Jr. v. State
  239 So. 3d 748· Fla. 3d DCA· 2018-02-14
  A trial court does not abuse its discretion in denying a petition for removal from the sex offender registry when the petitioner meets statutory eligibility criteria but has an extensive violent criminal history and is currently serving a lengthy prison sentence for violent offen
• Eisenpresser v. Nancy Koenig and the Estate of Harriet Numeroff
  239 So. 3d 90· Fla. 4th DCA· 2018-02-14
  Jane Eisenpresser appealed a trial court judgment denying her petition to remove the personal representative Nancy Koenig and challenging the accounting and discharge order. The court affirmed the trial court's decision on nearly all issues but reversed on one matter regarding th
• Persaud v. Dhaniram Danny Persaud
  Fla. 2d DCA· 2018-02-09
  The trial court's award of retroactive durational alimony was proper and affirmed. However, the durational alimony award was reversed and remanded because the court failed to consider tax consequences that reduced the wife's net income below her demonstrated need, and the retroac
• Gerome Berry v. State
  237 So. 3d 1165· Fla. 1st DCA· 2018-02-08
  A defendant appeals his conviction after the trial court failed to hold a competency hearing and adjudicate his competence to stand trial, despite ordering a competency evaluation based on defense counsel's good faith suggestion of incompetence. The appellate court holds that the
• Walker v. State
  237 So. 3d 1162· Fla. 1st DCA· 2018-02-08
  A trial court abuses its discretion by proceeding to trial without holding a competency hearing when reasonable grounds to question the defendant's competency exist, even if the defendant's own counsel arranges a private evaluation deeming the defendant competent. The trial court
• Hooshang F. Aghili v. Engle Progeny Cases
  Fla. 1st DCA· 2018-02-07
  Plaintiffs' counsel filed 73 Engle personal injury lawsuits on behalf of deceased individuals before the statute of limitations expired in January 2008, without disclosing that the named plaintiffs were already dead. When the trial court discovered this in 2015 and defendants mov
• Speegle v. Rhoden
  236 So. 3d 498· Fla. 1st DCA· 2018-01-26
  A trial court does not abuse its discretion by denying a stay of civil injunction proceedings based on Fifth Amendment concerns when a related criminal case is pending, as no constitutional requirement mandates such a stay absent special circumstances.
• Newton v. State
  237 So. 3d 386· Fla. 4th DCA· 2018-01-24
  The trial court properly admitted a booking photograph to refresh an arresting deputy's recollection of the defendant's identity, distinguishing this case from situations involving suggestive single photographs shown to lay witnesses. Even if erroneous, any error was harmless bey
• State Farm v. Harmon
  Fla. 5th DCA· 2018-01-22
  The trial court erred in denying State Farm's motion for remittitur or new trial regarding the $100,000 future medical expenses award because there was insufficient evidence of specific future treatments or costs beyond routine follow-up visits. Recovery of future medical expense
• Pickett v. Copeland
  Fla. 1st DCA· 2018-01-16
  An injunction for protection against stalking under Florida Statute section 784.0485 requires proof of a single incident of stalking, not multiple separate incidents of stalking. The evidence was insufficient to establish even one incident of stalking where the record showed only
• Everad G. Pinnock v. State
  236 So. 3d 488· Fla. 2d DCA· 2018-01-12
  A probation officer's instruction that a sex offender not possess an internet-accessible smartphone is a reasonable supervisory direction reasonably related to the written probation condition prohibiting internet access without a safety plan, and violation of such an instruction
• Balaban v. Philip Morris USA, Inc.
  Fla. 4th DCA· 2018-01-10
  When a lawyer terminates association with a firm, Rule 4-1.10(c) applies rather than Rule 4-1.10(b), and disqualification is permitted only if the matter is substantially related to prior representation and the remaining firm has material confidential information about the former
• State v. Bayfront HMA Med. Ctr., LLC
  Fla. 1st DCA· 2018-01-01
  A hospital seeking a temporary injunction against a competitor's provisional trauma center operation must establish all four elements for injunctive relief with competent, substantial evidence, and failure to prove any element is fatal to the motion. The Department of Health may
• Ascension Benefits & Ins. Solutions OF Fla. & City of Orlando v. Robinson
  232 So. 3d 1178· Fla. 1st DCA· 2017-12-27
  In this workers' compensation appeal, the court affirmed most of the trial judge's findings regarding treatment for the claimant's repetitive trauma injuries to his hands and elbows, but reversed the award of surgery because the trial judge improperly relied on whether surgery wa
• Davis v. State
  230 So. 3d 948· Fla. 2d DCA· 2017-11-22
  Jerome Davis was convicted of burglary with assault or battery, false imprisonment, and stalking, and sentenced to life plus additional prison terms. The Florida Second District Court of Appeal reversed and remanded for a new trial because the trial court failed to conduct adequa
• Karin Shaleesh v. Shaleesh
  233 So. 3d 1164· Fla. 3d DCA· 2017-11-08
  The court affirmed a trial court's non-final order temporarily suspending the timesharing plan and allowing the minor child to reside with the father pending a final hearing on modification, finding no abuse of discretion where the trial court satisfied the two-part test for temp
• Orna Miller v. Bank OF Am., N.A.
  229 So. 3d 822· Fla. 4th DCA· 2017-10-18
• Kandace M. Williams v. State
  228 So. 3d 699· Fla. 4th DCA· 2017-10-18
  Kandace Williams appeals his burglary conviction and sentence, challenging the trial court's failure to renew the offer of counsel before sentencing after he had proceeded pro se with standby counsel during his plea colloquy. The Fourth District reversed, holding that sentencing
• R. J. Reynolds Tobacco Co. v. Colette S. O'Hara for the Estate of Garry L. O'Hara
  228 So. 3d 1168· Fla. 1st DCA· 2017-10-11 ·via Abuse Of Discretion Standard For Jury Instructions
  R.J. Reynolds appeals a $15 million compensatory and $20 million punitive damages verdict in a tobacco wrongful death case, challenging primarily a special jury instruction on reliance that was designed to prevent opposing counsel's arguments rather than to clarify the law. The c
• Landau v. Landau
  230 So. 3d 127· Fla. 3d DCA· 2017-09-20
  The appellate court affirmed the trial court's order freezing trust assets, finding the trustee's failure to file timely and accurate accountings constituted a breach of fiduciary duty.
• Donovan Jonathan Tillman v. State
  247 So. 3d 523· Fla. 4th DCA· 2017-08-23
  Donovan Tillman, convicted at age 16-17 of sexual battery and lewd molestation of a 5-6 year old cousin, appeals his conviction and 31.125-year sentence. The Fourth District affirmed all convictions and the sentence, rejecting claims that his mother was improperly excluded from t
• Simon v. State
  225 So. 3d 934· Fla. 3d DCA· 2017-08-16
  Johnathan Simon was convicted of first-degree murder and attempted first-degree murder in the shooting death of Jason Maharaj and wounding of a fourteen-year-old. Simon appealed, arguing that the state's DNA expert committed fundamental error by bolstering her credibility through
• Kemberly McAlister v. McAlister
  221 So. 3d 791· Fla. 1st DCA· 2017-07-14
• Moss
  Del.· 2017-06-28
  The appellate court affirmed the trial court's judgment, holding that the trial court did not abuse its discretion in admitting the drug evidence despite discrepancies in the chain of custody, as these went to the weight of the evidence. The court also found no abuse of discretio