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

• Zbig Wojciechowski v. Clark
  188 So. 3d 919· Fla. 5th DCA· 2016-03-24
• Casey v. Jensen
  189 So. 3d 924· Fla. 2d DCA· 2016-03-23
  The court held that the trial court abused its discretion in awarding attorney's fees under section 57.105 because the petitioner presented evidence, albeit tentative, that could have established the existence of a lost will.
• McGLYNN v. Tallman-McGLYNN
  187 So. 3d 939· Fla. 4th DCA· 2016-03-23
  The trial court properly calculated the former husband's net income by including his annual bonus, and the cumulative monetary awards do not constitute an abuse of discretion because the payor retained approximately $2,469 per month after all required payments, demonstrating econ
• Longarzo v. Castillo
  191 So. 3d 481· Fla. 4th DCA· 2016-03-09
  A former wife appealed the dismissal of her petition to modify custody, timesharing, and child support based on the trial court's application of the unclean hands doctrine. The appellate court reversed, holding that the trial court erred by dismissing the petition without first h
• Nichol Phelps v. State
  186 So. 3d 598· Fla. 5th DCA· 2016-02-26
  Defendant Phelps appeals the trial court's denial of her motion to interview an alternate juror after conviction, arguing jurors improperly deliberated before the close of evidence. The Fifth District reverses, finding the allegations sufficient to warrant juror interviews, while
• Preudhomme v. Garth Bailey
  186 So. 3d 1083· Fla. 4th DCA· 2016-02-24
  In this family law appeal, the Fourth District Court of Appeal affirmed the trial court's order clarifying and enforcing a parenting plan, finding no abuse of discretion. The court also dismissed portions of the wife's appeal as to other orders that were not final or appealable.
• Wells Fargo Nat'l Bank v. Anish
  186 So. 3d 70· Fla. 4th DCA· 2016-02-24
  Wells Fargo Bank appealed a trial court's dismissal of its mortgage foreclosure complaint based on multiple violations of discovery orders. The appellate court reversed and remanded, holding that the trial court failed to make the required findings under Kozel v. Ostendorf before
• Wortman v. Wortman
  186 So. 3d 69· Fla. 1st DCA· 2016-02-23
  Steven Wortman appeals from a non-final order on temporary needs and child custody in a dissolution of marriage action. The trial court abused its discretion by denying his motion for reconsideration and refusing to vacate an order entered at a hearing his counsel missed due to a
• Bank OF NEW York Mellon v. Clark
  183 So. 3d 1271· Fla. 1st DCA· 2016-02-02
  The court must remand for factual findings consistent with Kozel v. Ostendoyf, but acknowledges discovery violations occurred.
• State v. Edmundo Carabello-Olivero
  183 So. 3d 1248· Fla. 5th DCA· 2016-01-22
  The court held that the affidavit supporting the wiretap established probable cause, and the reviewing judge erred in suppressing the evidence.
• Serv v. Ace Amusement Serv
  15th Cir. Ct. App. Div.· 2016-01-08
  Appellants Seth Ruback and Dialysis Services of Boca appealed a default final judgment entered by the trial court in a civil theft action brought by Ace Amusement Service, Inc. The appellate court reversed the judgment, holding that the clerk improperly entered a default because
• Mathis v. Broward Cnty. Sch. Bd. & the Sch. Bd. of Broward Cnty.
  181 So. 3d 1237· Fla. 1st DCA· 2015-12-18
  The court held that the Judge of Compensation Claims erred in denying a workers' compensation claimant's request for an advance payment because the claimant demonstrated a substantial reduction in wages and the requisite nexus between the need for the advance and the workplace in
• Alvaro I. Abaunza v. State
  180 So. 3d 1201· Fla. 1st DCA· 2015-12-11
  Alvaro Abaunza appeals his civil commitment as a sexually violent predator under Florida's Jimmy Ryce Act, challenging the trial court's denial of his motion to limit witnesses and arguing that the standard jury instruction on unanimity constitutes fundamental error. The court af
• Glanden
  Del.· 2015-12-07
  The appellate court affirmed the Family Court's order dividing marital property and awarding alimony. The court held that a January 2013 payment from the husband's law firm was properly included in the marital estate as it was compensation earned in the prior year, despite its ta
• City OF Fort Pierce v. Australian Props., LLC
  179 So. 3d 426· Fla. 4th DCA· 2015-11-12
  The City of Fort Pierce appeals a class action certification order involving a Stormwater Management Utility (SMU) fee dispute. The court reverses the certification, holding that the four-year statute of limitations for challenging special assessments began when the ordinance was
• Nationstar Mortg., LLC v. Prine
  179 So. 3d 409· Fla. 3d DCA· 2015-11-12
  The court held that the trial court abused its discretion by denying the motion to vacate dismissal, as the failure to receive notice of trial due to a clerk's error constituted excusable neglect and a due process violation.
• Walls v. State
  184 So. 3d 1151· Fla. 2d DCA· 2015-11-06
  Albert Walls appealed his conviction for second-degree grand theft, challenging the denial of his motion for judgment of acquittal and motion for mistrial based on an alleged Fifth Amendment violation. The court affirmed his conviction, finding sufficient evidence of theft by fra
• Strout v. State
  180 So. 3d 1052· Fla. 5th DCA· 2015-10-30
  Holly Strout appeals a restitution order requiring her to reimburse Kevin Campbell for expenses incurred after she took their children to Germany in violation of custody orders. The court affirmed restitution for expenses directly related to locating the children and attempting t
• Nelson v. Pharmerica
  180 So. 3d 130· Fla. 1st DCA· 2015-10-22
  In a workers' compensation attorney's fees dispute, the Florida First District Court of Appeal held that an employer/carrier's failure to timely respond to a fee petition due to mere inadvertence does not constitute good cause, and therefore the trial judge abused discretion in d
• Celebrity Cruises, Inc. v. Jerry Rankin, M.D.
  175 So. 3d 359· Fla. 3d DCA· 2015-09-16
  Celebrity Cruises appeals a class certification order involving doctors who claimed they were entitled to commissions on medication sales under their contracts, which the cruise line excluded. The appellate court affirmed certification, holding that common contractual interpretat
• Donovan Marine, Inc. v. Delmonico
  174 So. 3d 534· Fla. 4th DCA· 2015-08-26
  The trial court erred by substituting a blended hourly rate for stipulated rates and by failing to make specific findings regarding disallowed attorney hours, thus exceeding the appellate court's mandate.
• Rodriguez v. State
  174 So. 3d 502· Fla. 4th DCA· 2015-08-26
  Adriana Rodriguez appeals her convictions for first-degree murder and kidnapping. The court reverses the first-degree murder conviction, holding that the trial court erred by refusing to instruct the jury on the defenses of independent act and duress as applied to first-degree mu
• Revenel Francique v. State
  172 So. 3d 531· Fla. 3d DCA· 2015-08-12
  The court held that while the trial court properly found the defendant violated probation by committing new offenses, it must enter a written order and cannot base the revocation on a violation not charged in the affidavit.
• Morse
  Del.· 2015-08-06
  The Superior Court did not abuse its discretion by admitting evidence of the defendant's uncharged abusive acts under D.R.E. 404(b), as the evidence was material to disputed issues of intent and state of mind, properly proven, not too remote, and its probative value was not subst
• Fla. Digestive Health Specialists, LLP v. Ramon E. Colina, M.D.
  170 So. 3d 946· Fla. 2d DCA· 2015-07-31
  The appellate court affirmed in part and reversed in part the trial court's order regarding a motion for temporary injunction to enforce a restrictive covenant, where one party challenged the denial of the injunction and the other challenged its partial granting.
• Romay v. Caribevision Holdings, Inc.
  173 So. 3d 1055· Fla. 3d DCA· 2015-07-29
  Romay appeals a trial court's order appointing a receiver to manage a joint venture between Romay and Caribevision Holdings, in which each party originally owned fifty percent. The appellate court affirmed the receivership appointment, holding that the trial court did not abuse i
• Pierre v. In re Guardianship of Rodney Brown
  169 So. 3d 262· Fla. 3d DCA· 2015-07-08
  The court held that the trial court did not abuse its discretion in awarding fees and costs to the successor guardian, despite some unsupported findings of fact, given the proportion of the ward's remaining estate.
• Hartley v. State
  175 So. 3d 757· Fla.· 2015-06-18
  Kenneth Hartley, sentenced to death for the 1991 murder of a 17-year-old, appealed a denial of his second successive postconviction motion seeking resentencing based on his codefendant Ronnie Ferrell's subsequent life sentence. The Florida Supreme Court affirmed the denial, holdi
• Green v. Lingle
  166 So. 3d 221· Fla. 1st DCA· 2015-06-18
  Barbara Green appeals the dismissal of her lawsuit against Jennifer Lingle for failure to serve process within 120 days under Florida Rule of Civil Procedure 1.070(3). The court holds that the trial court erred in dismissing the case without considering whether an extension shoul
• Bays v. State
  9th Cir. Ct. App. Div.· 2015-06-10
  Appellant challenged the trial court's denial of his motion for discharge based on an alleged speedy trial violation. The appellate court affirmed, holding that the trial commenced within statutory time limits when jury voir dire occurred, and that the 21-day continuance thereaft
• Blue v. State
  9th Cir. Ct. App. Div.· 2015-06-05
  Appellant challenged his conviction for driving with a suspended license and fleeing police, contesting the trial court's admission of identification documents (Florida ID, social security card, bus pass) found in an abandoned vehicle. The court affirmed, holding that documents b
• Harris v. State
  183 So. 3d 1086· Fla. 4th DCA· 2015-05-27
  Marvin Harris was convicted of three felonies and one misdemeanor after being acquitted of attempted first-degree murder and carjacking. On appeal, Harris challenged the trial court's overruling of his objection to the state's peremptory strike of an African-American venireperson
• Christopher N. Link, P.A. v. Anu RUT and Tomasz Rut
  165 So. 3d 768· Fla. 4th DCA· 2015-05-20
  An attorney's charging lien is inferior to a party's right to indemnification for attorney's fees arising from a marital settlement agreement where the indemnification right predates the attorney's retainer, the attorney challenged the agreement, and the attorney failed to create
• Coleman v. Am. Airlines & Sedgwick Claims Mgmt. Servs.
  183 So. 3d 1065· Fla. 1st DCA· 2015-04-22
  In this workers' compensation case, the Florida First District Court of Appeal reviewed a Judge of Compensation Claims' award of taxable costs to the employer/carrier. The court modified the award by excluding costs for unnecessary condensed deposition transcripts while affirming
• Pillot Lind v. State
  9th Cir. Ct. App. Div.· 2015-04-07
  Pillot Lind was found in direct criminal contempt by the trial court for disruptive courtroom behavior. The appellate court reversed because the trial court improperly considered out-of-court conduct and events the court did not personally witness, violating Florida Rule of Crimi
• People Tech Grp., Inc. v. Sys. Soft Techs., LLC
  160 So. 3d 537· Fla. 2d DCA· 2015-04-01
  People Tech Group appealed a contempt order and sanctions imposed for failing to complete a post-judgment fact information sheet. The Second District reversed, holding that the trial court's contempt finding violated essential requirements of law because it made no finding of int
• Storick v. CFG LLC
  Del.· 2015-03-30
  The Delaware Supreme Court affirmed the Superior Court's judgment, holding that the appellant waived his right to challenge the execution of the Delaware judgment and the claim regarding multiple wage attachments. The court also determined that Florida exemption laws did not appl
• menciascruz v. State
  15th Cir. Ct. App. Div.· 2015-03-15
  Appellant Marcial Alfredo Menciascruz challenged a restitution award of $10,550.00 for chiropractic treatment following a DUI conviction. The appellate court reversed the chiropractic restitution award, finding that victim testimony alone was insufficient to establish causation b
• Am. Airlines & Sedgwick Claims Mgmt. Servs., Inc. v. Hennessey
  162 So. 3d 232· Fla. 1st DCA· 2015-02-23
  In this workers' compensation appeal, the Florida First District Court of Appeal addressed an award of attendant care services for a claimant who suffered a torn meniscus and thigh infection. The court reversed in part and affirmed in part, holding that the trial judge abused her
• Rivera v. State
  157 So. 3d 503· Fla. 2d DCA· 2015-02-13
  The appellate court affirmed the trial court's decision to revoke community control for a defendant who violated curfew and residency restrictions. Despite acknowledging the defendant's difficult living situation, the court found sufficient evidence of willful and substantial vio
• In & for New Castle Cnty. Stanford Fowler v. C. A. No. 14A-01-001 MJB
  Del. Super. Ct.· 2015-01-28 ·via Abuse Of Discretion Standard For Evidentiary Rulings
  The Superior Court affirmed the Industrial Accident Board's (IAB) decision denying compensation to the appellant. The court found that the IAB did not abuse its discretion in admitting video evidence from an unlicensed investigator, as it was authenticated by the appellant and di
• Weissman v. Radiology Assocs. OF Ocala, P.A.
  152 So. 3d 754· Fla. 5th DCA· 2014-12-05
  Weissman appeals a trial court's grant of a new trial in a wrongful death medical malpractice case based on alleged juror non-disclosure. The appellate court reverses, finding the trial court abused its discretion because the defendant failed to meet the three-part De La Rosa tes
• Lane v. Workforce Bus. Servs., Inc.
  151 So. 3d 537· Fla. 1st DCA· 2014-11-12 ·via Abuse Of Discretion Standard For Costs
  In a workers' compensation case, the court affirmed the denial of attorney's fees under section 57.105, finding that statute does not apply to original workers' compensation proceedings under chapter 440, but reversed the denial of litigation costs for videotaped depositions beca
• State v. Gerry
  9th Cir. Ct. App. Div.· 2014-10-09
  The State of Florida appeals a trial court's exclusion of hearsay evidence—an unidentified bystander's statement that the defendant was drunk and fighting—on grounds of insufficient reliability under Florida's spontaneous statement exception. The appellate court affirmed the tria
• Davis v. State
  162 So. 3d 91· Fla. 4th DCA· 2014-10-08
  Robert Davis, arrested for drug trafficking and held on a $250,000 bond, petitioned for release on his own recognizance after the state failed to file formal charges within 30 days. The Fourth District affirmed the trial court's finding of good cause for delay based on crime labo
• Alexander v. State
  9th Cir. Ct. App. Div.· 2014-10-03
  Marco Antonio Romero appealed his jury convictions for battery and resisting an officer without violence. The appellate court reversed the battery conviction on two grounds: the trial court improperly restricted cross-examination regarding witness bias and motive, and the trial c
• Harris v. Ryan
  147 So. 3d 1100· Fla. 3d DCA· 2014-10-01
  The court held that the trial court did not abuse its discretion in revoking pretrial release for defendants charged with new crimes while in a pretrial intervention program.
• Tremein Hoskins
  Del.· 2014-09-22
  The Superior Court did not abuse its discretion in denying the defendant's Rule 61 Motion for Postconviction Relief. The defendant's claims of ineffective assistance of counsel failed because he could not demonstrate prejudice, and his claim of cumulative error was also without m
• State v. Clark
  9th Cir. Ct. App. Div.· 2014-08-05
  The State of Florida appealed the trial court's dismissal of red light camera citations issued to three motorists. The appellate court held that photographic and video evidence from red light cameras is self-authenticating under Florida statute and must be admitted, but affirmed
• Souder v. Malone
  143 So. 3d 486· Fla. 5th DCA· 2014-08-01
  James Souder appeals the striking of his claims against Robina Malone's estate as untimely. The Fifth District Court of Appeal affirmed the lower court's decision, holding that even if Souder was a known or reasonably ascertainable creditor who should have been served with notice