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

• Berenise Estimable v. Prophete
  219 So. 3d 1001· Fla. 4th DCA· 2017-06-07
  The court held that the father's failure to strictly comply with Florida Rule of Judicial Administration 2.516 mandates reversal of the sanctions order.
• Symcon Dev. Grp. Corp. v. Bindu Passero and Anand Amarnath
  219 So. 3d 879· Fla. 4th DCA· 2017-05-31
  Symcon Development Group Corporation appealed the trial court's denial of its motion to intervene in a property dispute between siblings over a quit-claim deed. The appellate court reversed, holding that Symcon had a direct and immediate interest in the litigation because it held
• Brown v. State
  227 So. 3d 185· Fla. 2d DCA· 2017-05-26 ·via Abuse Of Discretion Standard For Evidence Admission
  Johnnie Brown III was convicted of felony battery and challenged his conviction on the grounds that the trial court improperly excluded evidence of the victim's reputation for violence and prior acts of violence. The Florida Second District Court of Appeal reversed and remanded f
• Mariah v. State
  219 So. 3d 182· Fla. 3d DCA· 2017-05-10
  The court held that the appellant's sentence was not illegal and the trial court did not abuse its discretion in finding him competent.
• Geza Horvath v. State
  217 So. 3d 1045· Fla. 4th DCA· 2017-05-03 ·via Abuse Of Discretion Standard For Jury Instructions
  Horvath was convicted of dealing in stolen property and falsely verifying ownership to a pawnbroker after pawning borrowed equipment. The appellate court reversed the dealing in stolen property convictions because the trial court erroneously instructed the jury on an inference of
• Stephens v. Whittaker
  220 So. 3d 488· Fla. 5th DCA· 2017-04-28
  The appellate court affirmed the trial court's final judgment of dissolution, finding no abuse of discretion in the distribution of marital assets and liabilities, and that the wife waived or abandoned other claims.
• Cheremont v. State
  217 So. 3d 1181· Fla. 5th DCA· 2017-04-28
  The court held that the trial court abused its discretion by denying a brief recess to secure a key defense witness, requiring reversal.
• K.A. v. Dep't OF Child. & Families
  217 So. 3d 231· Fla. 3d DCA· 2017-04-26
  The court held that the trial court did not abuse its discretion in prohibiting the appellant from presenting an unlisted witness at the termination of parental rights hearing.
• Morris v. State
  217 So. 3d 114· Fla. 4th DCA· 2017-04-26
  The court held that the trial court did not abuse its discretion in denying the appellant's requests for a Nelson hearing because the complaints were untimely and lacked the required specificity.
• Camejo v. State
  217 So. 3d 220· Fla. 3d DCA· 2017-04-19
  The court held that the trial court properly conducted a Nelson inquiry because the defendant failed to provide a legal basis for discharging counsel, thus not demonstrating ineffective assistance.
• Y.C. v. State
  217 So. 3d 220· Fla. 3d DCA· 2017-04-19
  Y.C. appeals her conviction for direct criminal contempt after disrupting a family court proceeding and refusing to leave the courtroom when directed. The Third District reversed and remanded because the trial court's contempt order failed to recite the specific facts supporting
• Strong v. State
  217 So. 3d 195· Fla. 1st DCA· 2017-04-13
  The appellate court affirmed the trial court's order imposing sanctions and prohibiting the appellant from filing further pro se motions related to his conviction, finding no abuse of discretion.
• Williams v. State
  215 So. 3d 656· Fla. 1st DCA· 2017-04-11
  Johnny Williams appealed a restitution order of $5,050 imposed after he pled no contest to grand theft, criminal mischief, and interfering with railroad equipment for stealing railroad culverts. The Florida First District Court of Appeal reversed the restitution determination, ho
• J.J.N. v. State
  214 So. 3d 784· Fla. 5th DCA· 2017-03-31
  The court held that the victim's testimony provided a sufficient evidentiary basis for a restitution value, but not for the trial court's specific finding of $5000.
• State v. Adrea Vernique Wiley
  213 So. 3d 1108· Fla. 1st DCA· 2017-03-23
  On remand from the Florida Supreme Court, the First District Court of Appeal affirmed a trial court's downward departure sentence imposed under Florida's mental health statute. The court held that the trial court did not abuse its discretion in determining that a defendant with a
• Alain Brugal v. State
  217 So. 3d 134· Fla. 3d DCA· 2017-03-22
  Alain Brugal was convicted of multiple counts of lewd and lascivious battery and molestation of a minor. The trial court granted a post-verdict judgment of acquittal on six counts based on double jeopardy concerns, but the appellate court reversed, holding that the victim's testi
• J.D. v. State
  212 So. 3d 1144· Fla. 5th DCA· 2017-03-17
  The court held that a restitution order cannot include items not listed in the charging documents or discovery provided at the time of the plea agreement.
• Morais L. Witter v. Deutsche Bank Nat'l Tr. Co. for Argent Sec. Inc.
  211 So. 3d 338· Fla. 4th DCA· 2017-02-22
  Appellant Witter appeals sanctions imposed against his attorney for failing to appear at a hearing despite timely notice of calendar conflict. The court reversed, holding that the trial court failed to make express findings of bad faith conduct as required to impose sanctions on
• Daughtry v. State
  211 So. 3d 84· Fla. 4th DCA· 2017-01-25
  Larry Daughtry appeals his first-degree murder conviction, raising four issues: denial of judgment of acquittal, refusal to instruct on self-defense and circumstantial evidence, and allowing the victim's daughter in the courtroom despite sequestration. The Fourth District affirms
• MD Now Med. Ctrs., Inc. v. Auto-Owners Ins. Co.
  15th Cir. Ct. App. Div.· 2017-01-25
  MD Now Medical Centers appeals a trial court's award of attorney's fees and costs to Auto-Owners Insurance Company under Florida Statute section 57.105. The appellate court reversed, finding the defendant failed to comply with the statute's safe harbor requirement, the trial cour
• Zaira Gutierrez Morgan v. Morgan
  213 So. 3d 378· Fla. 4th DCA· 2017-01-18
  A former wife appealed a final judgment of dissolution that awarded her exclusive use and possession of a marital home but left title in both parties' names, with proceeds split 50/50 upon sale, death, or remarriage. The court affirmed the equitable distribution and denial of ali
• Johnson v. State
  206 So. 3d 851· Fla. 1st DCA· 2017-01-06
• Naime v. Jacinto T. Corzo, III
  208 So. 3d 296· Fla. 3d DCA· 2016-12-21
  Kristy Naime appealed the trial court's denial of her petition to relocate with her minor child from Miami-Dade County to Port St. Lucie. The appellate court affirmed the denial of the relocation petition but reversed and remanded to strike an impermissible prospective geographic
• Philips v. Nationstar Mortg., LLC
  205 So. 3d 886· Fla. 5th DCA· 2016-12-16
• Willoughby v. State
  218 So. 3d 935· Fla. 4th DCA· 2016-12-14
  Defendant Willoughby appealed his convictions for burglary and grand theft, challenging the trial court's exclusion of the word 'believe' during jury voir dire questioning about the presumption of innocence and the failure to prove theft value exceeded $300. The court affirmed th
• Rollins v. Dickerson
  208 So. 3d 770· Fla. 3d DCA· 2016-11-23
  Affirmed trial court's judgment in plaintiff's favor and denial of motions for additur and new trial, holding that alleged trial errors were either unmeritorious or not properly preserved for appeal.
• Ames v. Ames
  204 So. 3d 132· Fla. 4th DCA· 2016-11-16
  Daniel Ames appeals a temporary ex parte injunction freezing his assets, entered to preserve funds allegedly misappropriated from his elderly father through abuse of power of attorney. The court affirmed the injunction, finding no abuse of discretion where the father needed asset
• Martell v. Stefano
  206 So. 3d 767· Fla. 3d DCA· 2016-11-04
  Roberto Martell appealed a trial court's denial of his motion for injunctive relief seeking to prevent Ana Stefano from appearing on the November 8, 2016 ballot for mayor of the Town of Medley based on alleged failure to meet residency requirements. The appellate court affirmed t
• Session v. Davia J. Bradshaw
  202 So. 3d 955· Fla. 4th DCA· 2016-11-02
  The court affirmed the trial court's order vacating portions of a paternity judgment concerning parental responsibility and time sharing, while leaving child support obligations undisturbed.
• Murphy v. Roth
  204 So. 3d 43· Fla. 4th DCA· 2016-10-05
  Murphy appeals a trial court's denial of her motion for a new trial based on alleged juror misconduct. The issue concerns whether juror tweets about jury service and a failure to disclose a recent accident constituted prejudicial misconduct warranting a new trial. The appellate c
• Kilyn Constr. v. Dedrick Pierce
  200 So. 3d 259· Fla. 1st DCA· 2016-10-04
  In this workers' compensation appeal, the court reversed a judge's award of handicap-accessible housing and van insurance to an injured worker, holding that the employer's failure to assist does not justify awards that exceed what is reasonable and necessary under Florida law.
• German D. Bosque v. State
  202 So. 3d 888· Fla. 3d DCA· 2016-09-21
  The court held that the State's failure to disclose exculpatory audio recordings constituted a Brady violation, entitling the defendant to a new trial on the tampering charge.
• Sawgrass Mut. Ins. Co. v. Mone
  201 So. 3d 182· Fla. 5th DCA· 2016-09-02
  Sawgrass Mutual Insurance Company appeals a trial court's award of attorney's fees and costs to homeowners who prevailed in a sinkhole damage insurance claim. The appellate court reversed the trial court's application of a 1.5 contingency risk multiplier to the attorney's fees an
• Ridings v. Ridings
  198 So. 3d 1128· Fla. 4th DCA· 2016-08-24
  In this family law appeal, the former husband challenged the trial court's dissolution of marriage judgment on four grounds. The appellate court reversed the trial court's equitable distribution of marital liabilities for failing to specify which spouse would be responsible for p
• Pierce v. State
  198 So. 3d 1051· Fla. 4th DCA· 2016-08-17
  Quentin Pierce appealed his convictions for second-degree murder with a firearm, possession of a firearm by a convicted felon, and carrying a concealed firearm. He challenged the denial of his motion to sever charges, jury instructions on duty to retreat, and the denial of his mo
• Bowles v. State
  198 So. 3d 1055· Fla. 4th DCA· 2016-08-17
  Ian Bowles appeals his convictions for aggravated stalking and stalking in violation of a domestic violence injunction and court orders stemming from his harassment of his ex-wife and her fiancé. The appellate court reversed the convictions, finding that the trial court erred in
• Tower Hill Signature Ins. v. Speck
  199 So. 3d 350· Fla. 5th DCA· 2016-08-12 ·via Abuse Of Discretion Standard For Evidentiary Rulings
  Tower Hill Signature Insurance appeals a jury verdict awarding homeowners $164,080 for sinkhole damage, arguing the trial court abused its discretion by excluding evidence that the homeowners received $260,000 from a prior insurer for the same property but spent only $15,000 on r
• Mai Nguyen v. Huong Kim Nguyen
  200 So. 3d 783· Fla. 1st DCA· 2016-08-11
  Former Wife appeals the trial court's equitable distribution order on remand, challenging the allocation of rental income from marital properties. The court reverses the rental income allocation due to the trial court's failure to account for documented expenses, mathematical err
• Monarchcare, Inc. v. Guardianship OF Sanford H. Block & Sharon Fein
  204 So. 3d 508· Fla. 4th DCA· 2016-08-03
  MonarchCare, Inc., a professional guardian, appeals a trial court order reducing its hourly fee rate from $95 to $45 per hour for guardianship services. The Fourth District Court of Appeal reversed, finding that while the court did not abuse its discretion in finding justificatio
• ST. Peter v. Karlene Osorio-Khor
  198 So. 3d 941· Fla. 4th DCA· 2016-08-03
  This guardianship appeal addresses whether the trial court abused its discretion in denying a motion for attorney's fees under section 57.105, Florida Statutes. The court upheld the denial of sanctions against the guardian's sister, who challenged the guardian's fitness by filing
• Adams v. State
  195 So. 3d 424· Fla. 4th DCA· 2016-07-27
  Adams was convicted of burglary and criminal mischief after the victim identified him from a photo lineup. The appellate court reversed because the trial court erroneously admitted hearsay testimony from a police detective that a dispatcher told him the vehicle in the victim's dr
• Horchak v. State
  198 So. 3d 905· Fla. 4th DCA· 2016-07-27
  Joseph Horchak appeals his conviction for trafficking 200-400 grams of cocaine, arguing the trial court erred by giving a willful blindness jury instruction and by denying his motion for judgment of acquittal. The Fourth District Court of Appeal reversed, holding that the willful
• Buckalew v. Marina Buckalew
  197 So. 3d 148· Fla. 4th DCA· 2016-07-27
  The court held that the trial court abused its discretion by failing to make required factual findings regarding the marital or non-marital status and valuation of assets and liabilities in its equitable distribution order.
• CAL v. Forward AIR Solutions, Inc.
  199 So. 3d 312· Fla. 3d DCA· 2016-07-20
  Nancy Cal appealed a trial court's dismissal of her negligence case with prejudice based on her repeated false testimony under oath and willful violations of discovery orders. The Florida Third District Court of Appeal affirmed the dismissal, finding the trial court acted within
• Winding Wood Condo. VI Ass'n, Inc. v. Walls
  196 So. 3d 489· Fla. 2d DCA· 2016-07-08
  Winding Wood Condominium Association appeals the trial court's denial of its motion to set aside a clerk's default and entry of a default judgment awarding unliquidated damages to Linda Walls without a jury trial. The court affirmed the denial of the motion to set aside the defau
• Burton P. Long v. State
  194 So. 3d 539· Fla. 4th DCA· 2016-06-22
  Burton Long appealed the trial court's denial of his motion to withdraw his no-contest plea prior to sentencing. The Fourth District reversed, holding that newly discovered evidence of the State's primary witness's arrest for drug trafficking raised a substantial question as to L
• Collins Asset Grp., LLC v. Luisa LEE
  217 So. 3d 1066· Fla. 5th DCA· 2016-06-17
• Barrett v. The Escape OF Arrowhead Ass'n, Inc.
  194 So. 3d 504· Fla. 4th DCA· 2016-06-08
  The Escape of Arrowhead Association, Inc. foreclosed on Kerry Ann Barrett's property for unpaid homeowners association dues. The trial court struck Barrett's answer and affirmative defenses as a sanction for repeated discovery violations and non-payment of sanctions, then entered
• Dismex Food, Inc. v. Harris
  194 So. 3d 497· Fla. 3d DCA· 2016-06-01
  Dismex Food and its employee appealed a trial court's order granting a new trial based on alleged sequestration rule violations and testimony outside the scope of an expert's report. The appellate court reversed, finding the expert's testimony was consistent with his report and d
• Howard v. Howard
  193 So. 3d 987· Fla. 4th DCA· 2016-05-25
  Katherine Howard challenged the appointment of limited guardian advocates by her family for her developmental disability. The Fourth District Court of Appeal affirmed the trial court's finding of good cause to proceed without her presence at the hearing, but reversed and remanded