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

• Regions Fin. Corp. v. Mercenari
  78 So. 3d 1· Fla. 3d DCA· 2011-08-31
  A defendant seeking to transfer venue under Florida Statute § 47.122 bears the burden of proving that trial in the county chosen by the plaintiff would work substantial inconvenience to the defendant and witnesses, and the plaintiff's venue choice is presumptively correct.
• Coleman v. State
  68 So. 3d 369· Fla. 4th DCA· 2011-08-24
  The trial court did not abuse its discretion in denying the motion in limine to exclude statements made by the defendant after his arrest, as they were probative of his intent.
• Valqui v. Lily Marie Rodriguez
  75 So. 3d 751· Fla. 3d DCA· 2011-08-22
  A trial court does not abuse its discretion in granting a parent's petition to relocate with a minor child when the relocating parent meets the statutory burden of proving by a preponderance of the evidence that relocation is in the child's best interest, and the non-relocating p
• McDUFFIE v. State
  72 So. 3d 774· Fla. 5th DCA· 2011-08-12
  Roy Lee McDuffie appealed his convictions for two counts of first-degree murder, robbery with a firearm, and false imprisonment with a firearm, raising five trial issues. The Florida Fifth District Court of Appeal affirmed his convictions and sentences, finding harmless error in
• Roberts v. State
  66 So. 3d 401· Fla. 4th DCA· 2011-08-03
  George Roberts was convicted of lewd molestation of his daughter, but the Florida appellate court reversed and remanded for a new trial because the trial judge failed to conduct any inquiry after a juror disclosed during deliberations that she had a child attending the same schoo
• Maldonado v. State
  64 So. 3d 166· Fla. 4th DCA· 2011-06-29 ·via Abuse Of Discretion Standard For Evidentiary Rulings
  David Maldonado appeals his conviction and life sentence as a habitual felony offender for attempted first-degree murder and attempted robbery of a deputy sheriff. The Fourth District Court of Appeal affirms, finding that evidence including the defendant's recorded statement, sei
• Lustgarten v. Lustgarten
  65 So. 3d 85· Fla. 4th DCA· 2011-06-22
  A former husband appeals a contempt order requiring him to pay $169,746.82 for his ex-wife's liver transplant. The court reverses, holding that while the transplant was medically reasonable and necessary, the husband did not willfully violate the divorce judgment because he had a
• State v. Phillips
  62 So. 3d 1159· Fla. 4th DCA· 2011-06-01
  Florida appeals an order granting a defendant's motion to withdraw his guilty plea on the ground that he was not informed at the plea colloquy of the mandatory minimum sentence and ineligibility for gain time. The appellate court reverses, holding that because the defendant's att
• State v. S.M.M.
  59 So. 3d 1210· Fla. 5th DCA· 2011-04-29
  The appellate court held that the trial court did not abuse its discretion in dismissing the delinquency petition when the State repeatedly failed to produce witnesses for trial.
• State v. A.D.C.
  59 So. 3d 1209· Fla. 5th DCA· 2011-04-29 ·via Abuse Of Discretion Standard For Continuance
  The State appealed from a trial court's denial of its motion to continue a restitution hearing and the resulting order setting restitution at zero. The appellate court reversed, holding that the trial court abused its discretion by denying the continuance when the State lacked a
• Thermidor v. State
  55 So. 3d 741· Fla. 4th DCA· 2011-03-16 ·via Abuse Of Discretion Standard On Appeal
  The appellate court held that the trial court abused its discretion by admitting collateral crime evidence, and the error was not harmless.
• S. BAY Lakes Homeowners Ass'n, Inc. v. Wells Fargo Bank, N.A.
  53 So. 3d 1239· Fla. 2d DCA· 2011-02-18 ·via Abuse Of Discretion Standard On Appeal
  South Bay Lakes Homeowners Association appeals the denial of attorney's fees under section 57.105 after successfully defending a foreclosure action filed by Wells Fargo without an assignment of the mortgage or legal standing. The court reversed, finding the trial court abused its
• Reyes v. State
  56 So. 3d 814· Fla. 2d DCA· 2011-01-28
  Santiago Reyes appeals his life sentence for sexual battery on a child under twelve, arguing the trial court erred in denying his request to excuse a juror for cause. The court finds that a potential juror's personal history with sexual abuse victims and expressed doubts about he
• Forster v. Forster
  52 So. 3d 837· Fla. 5th DCA· 2011-01-28
• Smith v. State
  125 So. 3d 165· Fla. 2d DCA· 2011-01-21
  Allen Smith pleaded no contest to driving with a revoked license and was sentenced to one year and one day in prison pursuant to a plea agreement. Smith appealed challenging the denial of his motion to withdraw his plea, while the State cross-appealed the downward departure sente
• Gould v. Civil Action No. 3332-VCP JAY Stephen Gould & Andrew Clark Gould
  Del. Ch.· 2011-01-07
  The Court of Chancery granted the respondents' motion to amend their counterclaim and add a third-party complaint. The court found that the proposed amendments were not futile, that personal jurisdiction existed over the petitioners and the third-party defendant, and that Delawar
• Ezra Naylor v. State
  51 So. 3d 589· Fla. 3d DCA· 2010-12-29
  Ezra Naylor appeals the summary denial of his 3.850 motion for postconviction relief based on newly discovered evidence in his 1999 first-degree murder conviction. The court affirmed the trial court's denial, finding the proffered evidence inadmissible hearsay that would not prob
• Broadbent v. Thompson
  50 So. 3d 724· Fla. 2d DCA· 2010-12-17
  The appellate court reversed a dismissal for lack of prosecution, finding that the lower court abused its discretion. The case involved a property dispute between sisters that was complicated by an ongoing Illinois guardianship proceeding required to approve a settlement agreemen
• Milner v. State
  50 So. 3d 711· Fla. 4th DCA· 2010-12-15 ·via Abuse Of Discretion Standard For Jury Instructions
  Billy Milner appeals a jury finding that he is a sexually violent predator under Florida's Jimmy Ryce Act, challenging the trial court's denial of a special jury instruction regarding mental illness. The Fourth District affirms, holding that the standard jury instruction adequate
• Bradford W. Joseph, M.D. & Borland-Groover Clinic, P.A. v. Leonara "Lynn" Niosi
  50 So. 3d 698· Fla. 1st DCA· 2010-12-14
  The court affirmed rulings on jury selection and evidence but reversed an award of attorney's fees, finding that the proposals for settlement, while not joint, were facially insufficient to support the award.
• Hann v. MacDermid, Inc.
  Del. Super. Ct.· 2010-12-13
  The Industrial Accident Board's determination that the employee returned to his baseline condition by September 2008 and its subsequent termination of total disability benefits were supported by substantial evidence and free from legal error. The Board properly weighed conflictin
• Waters v. Beechler
  50 So. 3d 36· Fla. 1st DCA· 2010-11-17
  The Waters appealed an order granting a new trial after a jury verdict in a business dispute involving stock purchase agreements and breach of fiduciary duty claims. The trial court determined the jury's verdict was contrary to the manifest weight of the evidence and granted a ne
• Rivera
  Del.· 2010-11-10
  The Superior Court did not err in denying the defendant's motion to suppress evidence found during the search of his vehicle, as probable cause was established by the totality of the circumstances and the alleged omissions from the affidavit were not material. Furthermore, the tr
• STL Realty, LLC v. Belle Plaza Condo. Ass'n, Inc.
  45 So. 3d 972· Fla. 3d DCA· 2010-10-13
• Keri Rivero v. Rivero
  44 So. 3d 1263· Fla. 1st DCA· 2010-10-06
  Keri Rivero appealed a modified dissolution of marriage judgment on four issues. The court affirmed the first three issues but reversed the trial court's sua sponte order requiring the former wife to execute HIPAA releases granting the former husband access to her physicians, fin
• J.S. v. State
  45 So. 3d 910· Fla. 4th DCA· 2010-09-29
  J.S., a juvenile, appeals his delinquency adjudication, challenging the trial court's denial of his motion for a second deposition of the victim after charges were amended from lewd and lascivious conduct to lewd and lascivious molestation. The court affirmed, holding that the tr
• Aguiluz v. State
  43 So. 3d 800· Fla. 3d DCA· 2010-08-18
  Felix Aguiluz appeals his conviction for second-degree murder with a deadly weapon, challenging the trial court's admission of evidence regarding prior incidents showing motive and intent toward the victim. The appellate court affirms, finding the evidence properly admissible und
• Rodriguez v. State
  43 So. 3d 90· Fla. 4th DCA· 2010-08-04
  Alejandro Rodriguez appealed his first-degree murder conviction and life sentence for the shooting death of his former girlfriend, Annette Arteaga. The Fourth District Court of Appeal affirmed, finding no abuse of discretion in the trial court's evidentiary rulings excluding test
• Berg-Perlow v. Esig Perlow
  38 So. 3d 891· Fla. 4th DCA· 2010-07-28
• Combs v. State
  39 So. 3d 548· Fla. 1st DCA· 2010-07-16
  Sherman Combs appealed the trial court's denial of his motion to withdraw a guilty plea made before sentencing. The appellate court affirmed the trial court's decision, finding that Combs failed to demonstrate the plea was involuntary and that the trial court did not abuse its di
• Peters v. United States (In Re Steffen)
  433 B.R. 879· M.D. Fla.· 2010-07-14
  Michael Peters appealed sanctions imposed by the Bankruptcy Court for failing to appear at a deposition and produce documents pursuant to a subpoena in a bankruptcy adversary proceeding. The District Court affirmed the sanctions, holding that Peters' failure to obey the subpoena
• Herbst v. Herbst
  40 So. 3d 48· Fla. 4th DCA· 2010-06-30
• Fernandez v. Blue SKY/Venecia Food Corp. & Aequicap Claims Servs.
  40 So. 3d 779· Fla. 1st DCA· 2010-06-22
  The court held that the Judge of Compensation Claims abused his discretion by dismissing all claims with prejudice solely based on the claimant's invocation of the Fifth Amendment privilege against self-incrimination without a showing of meaningful prejudice to the employer/carri
• T.J.D. v. A.G.
  39 So. 3d 360· Fla. 2d DCA· 2010-06-11
  A Florida appellate court reversed a trial court's child support order, finding the court abused its discretion by deviating from statutory guidelines without adequate factual findings, improperly considering arrearages as a basis for reduction, and setting an arrearage amount un
• Alan v. State
  39 So. 3d 343· Fla. 1st DCA· 2010-05-26
  Richard Keith Alan, II, an attorney, was adjudicated guilty of indirect criminal contempt for contacting a juror without court authorization to obtain her medical records, after the court had expressly denied his request. The First District Court of Appeal affirmed the conviction
• Reliance Prop. Mgmt., Inc. v. Transp. Equip. Specialists, Inc.
  35 So. 3d 985· Fla. 3d DCA· 2010-05-19
• Darrel Page
  Del.· 2010-05-11
  The Delaware Supreme Court affirmed the Superior Court's denial of the defendant's motion for post-conviction relief. The Court found no merit to the defendant's arguments regarding violations of his Sixth Amendment rights, including claims of ineffective assistance of counsel, d
• Perry
  Del.· 2010-05-11
  The Superior Court properly excluded the plaintiff's expert testimony on causation because it lacked a sufficient factual foundation, rendering the plaintiff unable to establish a prima facie case of negligence. Therefore, the judgment of dismissal is affirmed.
• Herring v. State
  35 So. 3d 966· Fla. 5th DCA· 2010-05-07
  Willie Gene Herring appeals the revocation of his community control for violations of conditions requiring permission to leave his approved residence and maintain activity logs. The appellate court affirmed the revocation, finding the trial court did not abuse its discretion in f
• Citizens for Smart Growth v. Peters
  716 F. Supp. 2d 1215· S.D. Fla.· 2010-05-03
  The court held that the Federal Highway Administration and Florida Department of Transportation did not violate NEPA or the APA in approving the Indian Street Bridge Project, finding their environmental review and decision-making processes were not arbitrary or capricious.
• Boggess v. Boggess
  34 So. 3d 115· Fla. 3d DCA· 2010-04-14
  A former husband appealed a trial court's reduction of his permanent periodic alimony obligation from $3,000 to $780.50 per month, challenging both the denial of sanctions for his ex-wife's discovery violations and the alimony calculation methodology. The appellate court affirmed
• SPCP Grp., LLC v. Cypress Creek Assisted Living Residence, Inc.
  434 B.R. 650· M.D. Fla.· 2010-04-09
  The court affirmed the bankruptcy court's order confirming the plans of reorganization, finding them feasible and that the cramdown interest rate was properly determined.
• Vennila Amaran v. Aubyn Marath, M.D.
  34 So. 3d 88· Fla. 3d DCA· 2010-04-07
  Ms. Amaran, as guardian of her disabled daughter, sued Dr. Marath and others for injuries from a cardiac arrest on a cruise ship. The trial court dismissed the action for failure to serve Dr. Marath within 120 days, but the appeals court reversed, holding that the trial court abu
• Williams v. Compton
  9th Cir. Ct. App. Div.· 2010-04-04
  Roosevelt Williams appealed the trial court's restitution order following his no-contest plea to contracting without a license. The appellate court reversed, holding that restitution should be calculated using construction contract law principles rather than a full refund of amou
• Farias v. State
  31 So. 3d 909· Fla. 4th DCA· 2010-03-31
  The court held that the admission of a photograph of a child victim's medical examination was an abuse of discretion because it was irrelevant and unduly prejudicial, and the error was not harmless.
• Zebroski
  Del.· 2010-03-09
  The Court held that the Superior Court erred by not addressing the "interest of justice" and "miscarriage of justice" exceptions to the procedural bars before denying postconviction relief. The Court also found that the defendant's claim under the Delaware Constitution for effect
• Nikki Ann Childress
  9th Cir. Ct. App. Div.· 2010-01-04
  This is a breach of automobile warranty case in which the trial court dismissed the plaintiff's Second Amended Complaint with prejudice after finding that she had submitted fraudulent oil change invoices during discovery. The appellate court affirmed both the dismissal and the aw
• Chico Cheeves v. State
  27 So. 3d 681· Fla. 1st DCA· 2009-12-15
  The court held that a trial court did not abuse its discretion in revoking probation for willful and substantial violation of a special condition by failing to complete a psycho-sexual therapy program, even if the order lacked a specific deadline.
• Fischer v. Fischer
  22 So. 3d 857· Fla. 5th DCA· 2009-12-04
• Cardinal v. Cotant
  22 So. 3d 858· Fla. 5th DCA· 2009-12-04