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

• Bazzel v. Bazzel
  109 So. 3d 1250· Fla. 2d DCA· 2013-04-03
  The court held that the trial court abused its discretion in calculating child support by misstating the parties' incomes and improperly allocating support.
• Shauna Rae Smith v. Llamas
  109 So. 3d 1185· Fla. 2d DCA· 2013-03-27
  Smith appeals the trial court's order granting a new trial in an automobile accident case where a jury found her solely liable for Llamas's injuries but awarded zero damages for future medical expenses and pain/suffering. The appellate court reversed, holding that because conflic
• Diosmary Ozuna v. Jabaal Sheard
  109 So. 3d 1176· Fla. 3d DCA· 2013-03-20
  A mother in Miami-Dade County filed a petition to modify child support and establish a parenting plan following a Final Administrative Support Order that established paternity. The trial court transferred the case to Broward County where both parties currently reside, but the app
• Stepp v. State
  109 So. 3d 839· Fla. 3d DCA· 2013-03-06
  Christopher Stepp appeals his convictions for first-degree murder and attempted armed robbery, challenging the trial court's restriction of his closing argument regarding a detective's alleged failure to subpoena phone records. The appellate court affirmed, holding that the trial
• Fountas v. Microcomputer Res., Inc.
  110 So. 3d 471· Fla. 4th DCA· 2013-02-27
  The trial court did not abuse its discretion in ordering the release of escrowed funds to set off damages awarded against the appellant.
• Newport Operating Corp. v. Westgate Miami Beach, Ltd.
  106 So. 3d 1007· Fla. 3d DCA· 2013-02-20
  Newport appeals from the trial court's denial of a Rule 1.540 motion seeking relief from an order awarding prejudgment interest in a commercial dispute with Westgate. The Third District affirms, holding that the trial court properly limited its remand to calculating the amount of
• Health Diagnostics of Orlando, LLC v. Mercury Ins. Co. of Fla.
  9th Cir. Ct. App. Div.· 2013-02-06
  Health Diagnostics appealed a trial court's dismissal of its breach of contract action for lack of prosecution. The appellate court reversed, holding that Administrative Order No. 2009-12 invoked the Florida Rules of Civil Procedure in small claims PIP cases, requiring 10 months
• Yvette Johansen has Personal Representative of the Estate of George Johansen v. Vuocolo
  125 So. 3d 197· Fla. 4th DCA· 2013-01-31
  In this medical malpractice appeal, the Estate of George Johansen challenged a trial court's order bifurcating claims of medical malpractice and negligent hiring against the primary surgeon from similar claims against an assistant surgeon. The Fourth District Court of Appeal affi
• Phelps v. Johnson
  113 So. 3d 924· Fla. 2d DCA· 2013-01-25
  In this false imprisonment case, appellants Phelps and Beuchat were mistakenly identified as perpetrators of a robbery and kidnapping by law enforcement after Johnson was arrested. The jury found they acted in good faith, but the trial court granted Johnson a new trial due to a t
• The LAW Offs. OF David J. Stern, P.A. v. Rory Hewitt
  106 So. 3d 489· Fla. 4th DCA· 2013-01-09
  The court affirmed the class certification order, finding it was not an abuse of discretion and was indistinguishable from prior precedent.
• Velazquez v. State
  103 So. 3d 1039· Fla. 5th DCA· 2012-12-28
• Robinson v. CSX Transp., Inc.
  103 So. 3d 1006· Fla. 5th DCA· 2012-12-21
  The trial court abused its discretion by excluding evidence of safety tools and by allowing impeachment with a redacted accident report, requiring reversal.
• N.M. and M.M. v. Dep't of Child. & Families
  103 So. 3d 1005· Fla. 3d DCA· 2012-12-19 ·via Abuse Of Discretion Standard For Evidentiary Rulings
  The court held that the trial judge's evidentiary rulings did not constitute reversible error, and affirmed the termination of parental rights.
• Louis v. State
  104 So. 3d 1126· Fla. 4th DCA· 2012-11-21
  Joseph Louis, Jr. appeals his conviction for sexual battery and lewd molestation of children under twelve. The appellate court affirmed the conviction, holding that the trial court properly excluded defense counsel's attempt to impeach child victims through a deputy's testimony a
• Sweeney
  Del.· 2012-10-23
  The Court affirmed that the statute prohibiting government employees from engaging in political activity at work does not violate the First Amendment. However, the Court reversed and remanded the case to consider what constitutes 'political activity' under the statute and whether
• Gill v. State
  107 So. 3d 326· Fla.· 2012-09-27
  The court held that the circuit court did not err in finding the defendant competent to waive postconviction counsel and proceedings, and that the issues raised were not properly preserved for appeal.
• Henderson v. Johnson
  97 So. 3d 946· Fla. 1st DCA· 2012-09-13
  Ricky Henderson challenged his loss in a 2010 Madison County School Board election by 28 votes, alleging irregularities in absentee ballot voting. The trial court dismissed his amended election contest complaint with prejudice, but the appellate court reversed, finding no valid b
• Carey v. Batiste
  96 So. 3d 459· Fla. 4th DCA· 2012-08-29
  Father appealed the trial court's denial of his supplemental petition to modify primary residence and child support. The court erroneously refused to consider Father's alternative request for extended summer and holiday vacations in Maine when Father had requested modification of
• D'Andre Plummer v. State
  95 So. 3d 463· Fla. 1st DCA· 2012-08-23
  D'Andre Plummer appeals the denial of his rule 3.850 motion for postconviction relief following conviction for aggravated battery on a pregnant victim and sentencing as a Prison Release Reoffender to 15 years. The appellate court affirmed the trial court's denial of all three gro
• Owens v. State
  94 So. 3d 688· Fla. 4th DCA· 2012-08-15
  Clarence Owens, a sex offender, was convicted of failure to register after he updated his address with the sheriff's office but could not timely complete DMV registration due to insufficient documentation. The Fourth District Court of Appeal reversed, holding that the trial court
• Castellanos v. Citizens Prop. Ins. Corp.
  98 So. 3d 1180· Fla. 3d DCA· 2012-08-08
  Former unit owners of a condominium sued their insurance company for hurricane damage proceeds, claiming the new owner assigned them the right to insurance claims. The trial court dismissed the case, finding the condominium documents prohibited such assignment and vacated class c
• Bonilla v. Bank United
  93 So. 3d 1103· Fla. 4th DCA· 2012-07-18
  Homeowners appealed the denial of their motion to vacate a final foreclosure judgment, claiming they were denied due process when the trial court entered summary judgment only five days after granting their former counsel's withdrawal motion and ordering them given thirty days to
• Telly Kavantzas v. State
  93 So. 3d 447· Fla. 4th DCA· 2012-07-18
  The court held that the trial court did not abuse its discretion in refusing an evidentiary hearing on a late-filed motion to suppress and in excluding irrelevant testimony.
• Sec. & Exch. Comm'n v. Merkin
  55 C.C.A. 671· S.D. Fla.· 2012-07-17
  The court held that the magistrate judge's order permitting a Rule 30(b)(6) deposition was not clearly erroneous or contrary to law, and denied the defendant's motion to question on revised topics due to procedural non-compliance.
• Boswell v. State
  92 So. 3d 883· Fla. 4th DCA· 2012-07-11
  Florida appellate court affirmed convictions for first-degree murder, burglary, and animal cruelty, rejecting unpreserved jury challenges.
• Harmon-Horton v. State
  91 So. 3d 931· Fla. 1st DCA· 2012-07-09
  The trial court did not abuse its discretion in denying a motion for mistrial where the arresting officer made bare references to HGN testing without details and the prosecutor later injected facts not in evidence about the test, because jury instructions to disregard closing arg
• Katz v. Katz
  90 So. 3d 909· Fla. 2d DCA· 2012-06-20
  Adam Katz appeals from a final judgment of dissolution of marriage, challenging the trial court's equitable distribution and alimony awards. The appellate court affirms the bridge-the-gap and most of the rehabilitative alimony awards but reverses and remands the portion of rehabi
• Elliott v. State
  88 So. 3d 1075· Fla. 1st DCA· 2012-06-08
• The Bank OF Montreal & Harris, N.A. v. The Est. OF Jacques Antoine
  86 So. 3d 1262· Fla. 4th DCA· 2012-05-09
  Bank of Montreal and Harris Bank appealed a directed verdict for the defendant wife of an embezzler, arguing the trial court wrongly excluded the embezzler's partial deposition and guilty plea. The court reversed, holding that under Florida Rule of Civil Procedure 1.330, a deposi
• Ramos v. Melanie Coombs, M.D.
  86 So. 3d 1268· Fla. 4th DCA· 2012-05-09
  In this medical malpractice appeal involving an alleged failure to diagnose a brain-stem tumor in an infant, the appellate court affirmed the trial court's grant of a new trial as to the elements of causation and damages, finding no abuse of discretion by the trial judge.
• Flannigan v. State
  86 So. 3d 1156· Fla. 4th DCA· 2012-04-25 ·via Abuse Of Discretion Standard For Evidentiary Rulings
  Derrick Flannigan appeals his conviction for robbery with a deadly weapon, challenging the trial court's decision to require him to display a tattoo for identification purposes and the admission of his post-arrest statements about a dispute that motivated the crime. The appellate
• Rife v. A.W.A. Contracting Co., Inc.
  87 So. 3d 69· Fla. 1st DCA· 2012-04-20
  In this interlocutory appeal, the First District Court of Appeal affirmed the trial court's order transferring a wrongful death action from Duval County to Putnam County, holding that the transfer did not divest the First District of appellate jurisdiction over the venue transfer
• Bribiesca-Tafolla v. State
  126 So. 3d 1079· Fla. 4th DCA· 2012-04-18
  The defendant appealed his convictions for DUI causing serious bodily injury, challenging whether the state proved corpus delicti before introducing his admission of being the driver. The court affirmed, holding that circumstantial evidence—including the defendant leaving alone i
• Dep't OF Revenue o/b/o Socorro Flores v. Ortiz
  84 So. 3d 1206· Fla. 4th DCA· 2012-04-11
  The Department of Revenue appeals a trial court order vacating a Puerto Rican child support judgment that had been registered in Florida under UIFSA. The appellate court reverses, holding that the father failed to timely contest the registration, failed to prove extrinsic fraud,
• Heiderich v. Fla. Equine Veterinary Servs., Inc.
  86 So. 3d 527· Fla. 5th DCA· 2012-03-30
  Dr. Farmer appealed a temporary injunction enforcing a non-compete agreement that prohibited her from owning or operating a veterinary business within a 30-mile radius of her former employer's office. The court reversed, holding that the non-compete clause restricted only the loc
• Reppert v. State
  86 So. 3d 525· Fla. 2d DCA· 2012-03-16
  The trial court did not abuse its discretion by refusing to strike the entire venire after one prospective juror expressed a general belief about individuals facing criminal trials, as the comment did not indicate knowledge of the defendant's specific past and any potential taint
• Toms v. State
  80 So. 3d 1134· Fla. 1st DCA· 2012-03-05
• Corrao v. State
  79 So. 3d 940· Fla. 1st DCA· 2012-02-23
  Joseph Corrao appealed his convictions for leaving the scene of a crash and DUI, arguing the trial court abused its discretion by denying his mistrial motion after the prosecutor asked him whether he had offered to plead guilty for reduced charges. The First District Court of App
• Dinnall v. State
  80 So. 3d 1094· Fla. 4th DCA· 2012-02-22
  Clinton Dinnall was convicted of two counts of first-degree murder in a double homicide and sentenced to concurrent life sentences. He appeals arguing the trial court erred in denying his request for judicial notice of a co-defendant's plea and in denying his motion for judgment
• The City OF Miami & Miami Sports & Exhibition Auth. v. Chalks Airlines, Inc.
  83 So. 3d 895· Fla. 3d DCA· 2012-02-08
• 2012 AP 11
  9th Cir. Ct. App. Div.· 2012-02-07
  Shaneca Clarke appeals the revocation of her probation, arguing the trial court erred by finding her in violation based on failure to report a new arrest within 72 hours—a condition not alleged in the affidavit of violation. The appellate court reversed, holding that probation ca
• Rico Glenn v. State
  78 So. 3d 675· Fla. 5th DCA· 2012-01-27
  The trial court erred in denying the defendant's request for a jury instruction on justifiable use of non-deadly force, requiring reversal of convictions for aggravated battery and resisting an officer with violence.
• Lake Charleston Homeowners Ass'n, Inc. v. Haswell
  77 So. 3d 922· Fla. 4th DCA· 2012-01-25
  A misnomer in an affidavit supporting a motion for summary judgment, which is a clerical mistake and not fraud, misrepresentation, or other misconduct, does not warrant relief from judgment under Rule 1.540(b)(3).
• Casines v. State Farm Fla. Ins. Co.
  79 So. 3d 113· Fla. 3d DCA· 2012-01-18 ·via Abuse Of Discretion Standard For New Trial Motions
• Luke v. Luke
  76 So. 3d 388· Fla. 1st DCA· 2011-12-30
  The court affirmed the modification of alimony but reversed the award of attorney's fees.
• Wes Dante McGEE v. State
  83 So. 3d 837· Fla. 4th DCA· 2011-12-07
  The court held that the prosecutor's comments during closing argument, comparing a shoeprint on a victim's face to a shoe found in the defendant's possession, were permissible inferences supported by the evidence and not improper expert testimony.
• Wenzel v. Burman
  76 So. 3d 1005· Fla. 3d DCA· 2011-11-30
  The court held that the trial court did not abuse its discretion in appointing a receiver because the record supported findings of director and shareholder deadlock and irreparable injury to the corporation.
• City OF Tampa v. Companioni
  74 So. 3d 585· Fla. 2d DCA· 2011-11-23
  A party seeking a new trial based on cumulative misconduct of opposing counsel must preserve the issue by objecting and moving for a mistrial, or demonstrate fundamental error under Murphy.
• Kish v. Kish
  71 So. 3d 920· Fla. 5th DCA· 2011-10-07
• Mans v. State
  71 So. 3d 167· Fla. 3d DCA· 2011-09-21
  Ronald Mans appeals his cocaine sales conviction, challenging the trial court's denial of his for-cause challenges to two prospective jurors. The appellate court affirms, holding that the trial court properly exercised its discretion in determining the jurors could be impartial a