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

• Cederick L. Edwards v. State
  145 So. 3d 174· Fla. 1st DCA· 2014-07-28
  Edwards appealed his first-degree premeditated murder conviction, challenging the trial court's denial of his mistrial motion after the prosecutor referenced Jeffrey Dahmer during voir dire, the sufficiency of evidence for premeditation, and the failure to give a special jury ins
• Sheppard v. State
  143 So. 3d 1057· Fla. 4th DCA· 2014-07-23
  The court held that the prosecutor's closing statement was not an improper comment on the defendant's right to remain silent, and the trial court did not abuse its discretion in limiting voir dire.
• Dayna Bolera v. Papa
  142 So. 3d 918· Fla. 4th DCA· 2014-07-09
  The court affirmed the trial court's order striking the third amended complaint for fraud upon the court, finding competent, substantial evidence supported the trial court's findings.
• Johnson v. State
  141 So. 3d 698· Fla. 1st DCA· 2014-06-30
  In this direct criminal appeal, Johnson challenged the trial court's denial of his motion to strike the entire venire after a prospective juror's comment suggested Johnson might be a prisoner. The appellate court affirmed, holding that Johnson failed to preserve the issue for app
• H.C. v. Dep't OF Child. & Fam. Servs. & Guardian ad Litem Program
  141 So. 3d 243· Fla. 3d DCA· 2014-06-25
  A Florida appellate court reversed a trial court's adjudication of dependency based on abuse, finding insufficient evidence that the father caused or allowed injuries to his 11-month-old daughter. Although the child had bruises and a loop mark consistent with being hit with an in
• CVE Master Mgmt. Co., Inc. v. Ventnor "B" Condo. Ass'n, Inc.
  140 So. 3d 1074· Fla. 4th DCA· 2014-06-11
  CVE Master Management Company appealed a class certification order for condominium associations claiming breach of firewalls caused by cable installation. The Fourth District affirmed the trial court's finding that typicality requirements were met but reversed on the adequacy of
• T.J.L. v. State
  139 So. 3d 503· Fla. 1st DCA· 2014-06-09
  The court held that the juvenile's behavior did not constitute direct criminal contempt and the trial court failed to follow required procedural due process.
• Peterson v. State
  150 So. 3d 219· Fla. 5th DCA· 2014-05-30
  Martin Peterson appealed his conviction for five counts of sexual battery and one count of lewd or lascivious molestation of his adopted daughter. The Fifth District Court of Appeal found that while Peterson's other appellate claims were meritless, the trial court erred by refusi
• Cokely v. State
  138 So. 3d 1204· Fla. 4th DCA· 2014-05-28
  The defendant was convicted of felony battery and appealed the trial court's exclusion of his fiancée's testimony due to a violation of the witness sequestration rule. The appellate court held that the trial court erred by applying the sequestration rule as a strict rule of law w
• Aquilina v. Aquilina
  141 So. 3d 597· Fla. 4th DCA· 2014-05-21
  In this dissolution of marriage appeal, the Fourth District Court of Appeal affirmed the trial court's equitable distribution of marital assets but reversed and remanded the alimony award. The court held that while the trial court properly considered mortgage payments in calculat
• Jubran v. BAY Court Towers Condo., Inc.
  137 So. 3d 1194· Fla. 3d DCA· 2014-04-16
• Martinez v. State
  9th Cir. Ct. App. Div.· 2014-04-01
  Shawn Martinez appeals his battery conviction and 365-day jail sentence, challenging the trial court's restriction of voir dire questioning and arguing the sentence reflects judicial vindictiveness for refusing a plea deal offering no jail time. The appellate court affirmed the c
• Fla. Certified Sign Erectors, LLC v. Kieffer & Co., Inc
  9th Cir. Ct. App. Div.· 2014-03-24
  Florida Certified Sign Erectors appealed a trial court's grant of summary judgment in favor of Kieffer and an award of attorney's fees to Kieffer in a breach of contract dispute over unpaid sign installation work. The appellate court affirmed the attorney's fees award but found t
• Lakes v. State
  137 So. 3d 450· Fla. 4th DCA· 2014-03-19
  Isaac Lakes appeals his convictions for aggravated assault, child abuse, false imprisonment, burglary, and firearm possession, challenging the trial court's allowance of cross-examination questions about his ability to tailor his testimony based on his presence during other witne
• C.C. v. State
  137 So. 3d 445· Fla. 4th DCA· 2014-03-12
  C.C., a juvenile defendant, appealed a final order reinstating his probation after the trial court found he violated five probation conditions. The appellate court found insufficient evidence for three of the alleged violations but upheld findings for two violations, requiring re
• Leming v. Jenkins
  132 So. 3d 1216· Fla. 5th DCA· 2014-02-21
• Gutierrez v. State
  133 So. 3d 1123· Fla. 5th DCA· 2014-02-14 ·via Abuse Of Discretion Standard For Jury Instructions
  Rafael Gutierrez was convicted of sexual battery by a jury after being charged with raping a woman in her car. On appeal, the Fifth District Court of Appeal held that the trial court erred in giving a special jury instruction stating that the victim's testimony need not be corrob
• Bosque v. Rivera
  135 So. 3d 399· Fla. 5th DCA· 2014-02-07
  Joshua Bosque appealed a trial court's dismissal of his negligence action for fraud on the court based on alleged failure to disclose a prior 2006 automobile accident and prior chiropractic treatment. The appellate court reversed, finding insufficient clear and convincing evidenc
• Reeves v. State
  9th Cir. Ct. App. Div.· 2014-02-05
  Appellant was convicted of resisting an officer without violence. He appealed, challenging the trial court's denial of his motion in limine (seeking to exclude evidence about the use of multiple officers and other resources) and his motion for judgment of acquittal. The appellate
• Murdock v. State
  132 So. 3d 289· Fla. 4th DCA· 2014-01-08
  Derrick Murdock appealed the revocation of his probation and resulting sentences for violating probation by committing lewd or lascivious battery. The court affirmed the probation revocation but remanded for entry of a written order specifying which conditions were violated.
• J.W.A. v. State
  128 So. 3d 912· Fla. 1st DCA· 2013-12-20
• Ramirez v. State
  132 So. 3d 849· Fla. 4th DCA· 2013-12-18
  The court held that none of the trial court's rulings constituted an abuse of discretion, affirming the defendant's convictions and sentence.
• Hoffman v. Rechele R. Hoffman
  127 So. 3d 863· Fla. 2d DCA· 2013-12-04
  Steven Hoffman appeals a nonfinal order in his dissolution of marriage case establishing temporary support and attorney's fees obligations. The Florida appellate court reversed in part, finding that the circuit court abused its discretion by ordering payments consuming over 80% o
• Preudhomme v. Gutierrez
  127 So. 3d 683· Fla. 4th DCA· 2013-11-20
  In a marital dissolution case, the appellate court affirmed the trial court's determinations regarding parenting, property distribution, support, and fees, but remanded to clarify that the former wife is entitled to credit for paying the former husband's portion of mortgage inter
• McCRAY v. State
  126 So. 3d 1246· Fla. 1st DCA· 2013-11-15
  Florida appellate court reversed convictions for aggravated battery, kidnapping, and sexual battery due to admission of prejudicial collateral crime evidence and an irrelevant cell phone photograph, though it affirmed denial of acquittal motions.
• Jones v. Fed. Express Corp.
  1992 WL 162346· M.D. Fla.· 2013-11-14
  The court held that the denial of long-term disability benefits was not wrong and affirmed the administrator's decision, but granted summary judgment for the plaintiff on the counterclaim for overpayment because the funds were dissipated and equitable relief was unavailable.
• Melanie and David Lawrence v. Beaulieu Grp.
  123 So. 3d 695· Fla. 3d DCA· 2013-10-23
  Melanie and David Lawrence, co-personal representatives of their father's estate, appealed a jury verdict in favor of Beaulieu Group in a negligence case. The appellate court affirmed the trial court's judgment, rejecting the plaintiffs' arguments regarding pretrial rulings, evid
• Martin v. Code Enforcement
  122 So. 3d 438· Fla. 1st DCA· 2013-09-23
  In this workers' compensation appeal, the court reversed the Judge of Compensation Claims' denial of reimbursement for a medical conference between claimant's attorney and treating physician, finding the JCC misapplied prior case law and misinterpreted the Statewide Uniform Guide
• State v. Zakariah Benhakuma
  9th Cir. Ct. App. Div.· 2013-09-23
  The State appeals a trial court order suppressing evidence of a defendant's refusal to submit to breath testing as a discovery sanction. The appellate court reversed, holding that the trial court abused its discretion because the State was under no obligation to produce Intoxilyz
• Wall v. USAA
  15th Cir. Ct. App. Div.· 2013-09-19
  Dr. David Wall appealed a trial court's award of attorney's fees and costs to USAA following sanctions imposed under Florida Statute § 57.105 for Wall's frivolous lawsuit seeking unpaid insurance benefits. The appellate court affirmed the attorney's fees award but reversed the $1
• SIG, Inc. v. AT & T Digit. Life, Inc.
  832 F. Supp. 2d 1222· S.D. Fla.· 2013-09-12
  The court held that AT&T Defendants' motion to dismiss contract and statutory claims is denied because the click-through agreement cannot be considered at this stage, but the unjust enrichment claim against them is dismissed. The Diamond Defendants' motion to dismiss contract and
• Wendolyn Tumlinson
  Del.· 2013-08-16
  The Delaware Supreme Court affirmed the Superior Court's decision to apply Texas substantive law and Delaware procedural law, finding that the plaintiffs waived arguments for California or Delaware substantive law. However, the Court remanded the case for the Superior Court to de
• Staum v. Petrina Rubano
  120 So. 3d 109· Fla. 4th DCA· 2013-08-14
  A nursing home appeals the dismissal of its petition to compel an accounting of a decedent's ancillary estate in Florida and transfer assets to the New York domiciliary estate. The court reversed the dismissal, holding that the nursing home was an interested person despite its un
• Constr. Sys. OF Am., Inc. v. Travelers Cas. & Sur. Co. OF Am.
  118 So. 3d 942· Fla. 3d DCA· 2013-08-07
  The trial court did not err in compelling the return of inadvertently disclosed privileged documents, but it erred in disqualifying counsel without further findings on the possibility of an unfair informational advantage.
• Choy v. Faraldo
  120 So. 3d 92· Fla. 4th DCA· 2013-08-07 ·via Abuse Of Discretion Standard For New Trial Motions
  The court held that the trial court did not abuse its discretion in granting a new trial on damages due to an inflammatory closing argument, but erred in granting a new trial on liability as the argument was unrelated to that issue.
• Burno v. Burno
  135 So. 3d 323· Fla. 5th DCA· 2013-08-02
• HSBC Bank USA, N.A. v. Williams
  121 So. 3d 1081· Fla. 3d DCA· 2013-07-31
  The court held that the trial court did not abuse its discretion in awarding costs and attorney's fees to the homeowner.
• Stone v. Gorlovezky
  118 So. 3d 238· Fla. 3d DCA· 2013-07-10
• Wolf v. State
  117 So. 3d 1203· Fla. 2d DCA· 2013-07-03 ·via Abuse Of Discretion Standard For Jury Instructions
  Patrick Wolf was convicted of burglary for entering his former landlord's home after being evicted without proper notice under Florida law. Wolf argued that the trial court erred in denying his requested special jury instruction on the Florida Residential Landlord-Tenant Act, but
• Merrone v. State
  116 So. 3d 589· Fla. 3d DCA· 2013-06-26
  John Merrone was convicted of false imprisonment and two counts of simple battery after a jury trial in a sexual assault case. The Florida District Court of Appeal reversed and remanded for a new trial, holding that the trial court abused its discretion by excluding Detective Cue
• Bhole, Inc.
  Del.· 2013-06-11
  The court held that the trial court erred by awarding contract damages for unpaid rent without considering the absence of an acceleration clause in the lease. It also reversed the award of punitive damages and the finding of tortious interference with the lease. The court affirme
• McCULLUM v. State
  117 So. 3d 1162· Fla. 1st DCA· 2013-06-03
  Alonzo McCullum appeals his conviction for lewd or lascivious molestation of a child under 12, challenging the admission of evidence regarding a prior alleged but uncharged molestation of a different victim. The court affirmed the conviction, holding that the evidence was admissi
• Goldtrap v. State
  115 So. 3d 1025· Fla. 1st DCA· 2013-05-23 ·via Abuse Of Discretion Standard For Evidentiary Rulings
  The court held that prior consistent statements made by the victim after a motive to fabricate arose were inadmissible hearsay and their admission was not harmless error.
• A.P. v. State
  114 So. 3d 393· Fla. 4th DCA· 2013-05-22
  A juvenile appealed a restitution order following a no-contest plea to burglary. The Florida Fourth District Court of Appeal reversed the restitution award because the victim's testimony regarding the stolen items' value was based on replacement cost rather than fair market value
• S. Baptist Hosp. OF Fla., Inc. v. Michelle and Chris Johnston
  112 So. 3d 787· Fla. 1st DCA· 2013-05-17
• Pomerance v. Pomerance
  112 So. 3d 737· Fla. 4th DCA· 2013-05-08
  The appellate court affirmed the Final Judgment of Dissolution of Marriage, finding no error in the trial court's incorporation of the marital settlement agreement and calculation of arrears.
• Long v. Willis
  113 So. 3d 80· Fla. 2d DCA· 2013-04-26
  Renee Long, as guardian of her three minor children who held a 60% interest in an estate, petitioned to appoint Hugh Umsted as personal representative in place of Robin Willis. The probate court denied the petition based on alleged unreasonable delay and Umsted's conflict of inte
• Rodriguez v. State
  112 So. 3d 618· Fla. 3d DCA· 2013-04-24
  Rodriguez appeals his conviction for second-degree murder and aggravated assault, arguing the trial court abused its discretion by failing to conduct a competency hearing despite evidence suggesting he might be incompetent to stand trial. The court reversed, finding the trial cou
• Herman v. Intracoastal Cardiology Ctr.
  125 So. 3d 894· Fla. 4th DCA· 2013-04-24
  Edward Herman appealed the dismissal of his wrongful death medical malpractice suit against a cardiologist for fraud on the court. The trial court dismissed the case after finding Mr. Herman gave false testimony and withheld a diary from discovery. The appellate court reversed, h
• Weaver v. Corey
  111 So. 3d 947· Fla. 2d DCA· 2013-04-19
  In this consolidated appeal, the court affirmed a trial court's judgment requiring a former husband to reimburse college expenses for his adult son based on a marital settlement agreement obligating both parents to use their best efforts to fund higher education. The court revers