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

• Lena v. State
  22 So. 3d 786· Fla. 3d DCA· 2009-11-18
  Manuel Lena appealed a trial court's summary denial of his Rule 3.850 motion for postconviction relief raising 29 grounds of ineffective assistance of counsel in a sexual battery case. The appellate court affirmed most grounds, remanded two grounds for proper record attachment, a
• Johnson v. State
  21 So. 3d 911· Fla. 3d DCA· 2009-11-12
  The court held that a modified nail clipper used as a weapon is not excluded from the definition of a weapon under section 790.001(13), Florida Statutes, and that the State's peremptory challenge of a juror was supported by race-neutral reasons.
• Paul v. State
  20 So. 3d 1005· Fla. 4th DCA· 2009-11-04
  Paul was convicted of first degree murder and challenged his conviction based on prosecutorial misconduct during closing argument. The appellate court affirmed, finding that the prosecutor's statements about the jury's duty to follow the law and apply the reasonable doubt standar
• Resnick v. Resnick
  19 So. 3d 1176· Fla. 4th DCA· 2009-10-21
  The wife appealed the trial court's denial of her motion to hold her former husband in contempt for failure to pay child support. The court affirmed, holding that the 2000 support order did not establish a specific ongoing support amount beyond January 2001, and the parties had s
• Bryant v. Lifecare at Lofland
  Del. Super. Ct.· 2009-10-13
  The appellate court affirmed the Board's denial of certain mileage expenses, finding the claimant failed to meet her burden of proof. However, the court reversed the Board's denial of attorney's fees for the claimant's partial success in defending against the employer's petition
• Unifund CCR P'rs v. Cleary
  9th Cir. Ct. App. Div.· 2009-10-06
  Unifund CCR Partners appeals a trial court's award of attorney's fees and costs to George Cleary, totaling $21,953.11. The Ninth Circuit Court of Appeals affirmed the award, finding no abuse of discretion in the trial court's decision to award fees based on Cleary's settlement pr
• Zuppardo v. Oscher (In Re J.H. Inv. Servs.
  418 B.R. 413· M.D. Fla.· 2009-09-30
  The court held that Zuppardo's unrecorded interest in the condominium unit was avoidable by the Trustee under 11 U.S.C. § 544, and his claim for attorney fees under the common fund doctrine was not a basis for priority payment over other creditors.
• Miranda v. Reineio Ortega
  19 So. 3d 413· Fla. 3d DCA· 2009-09-16
  The court held that most arguments were untimely and that no abuse of discretion occurred regarding the remaining challenged postjudgment orders.
• Leanne Marchant v. Trader
  16 So. 3d 328· Fla. 4th DCA· 2009-09-16
  The appellate court affirmed the trial court's amended final judgment of paternity and rotating custody order.
• M.D.R. Assocs. Ltd. v. Ortega
  16 So. 3d 253· Fla. 4th DCA· 2009-08-19
  The appellate court affirmed the trial court's order granting a new trial, finding no abuse of discretion.
• Bender v. State
  17 So. 3d 770· Fla. 1st DCA· 2009-08-06
  The court held that the trial court did not abuse its discretion under the Insurers Rehabilitation & Liquidation Act by limiting an insured claimant's recovery to policy limits, even after the claimant obtained a judgment exceeding those limits post-liquidation.
• Jackson
  Del.· 2009-07-13
  The Delaware Supreme Court affirmed the Superior Court's judgments of conviction. The Court held that the Superior Court did not abuse its discretion in denying the defendant's motion to sever the charges, as joinder was not prejudicial. Furthermore, the Court concluded that the
• Dep't OF Child. & Families v. S.E.
  12 So. 3d 902· Fla. 4th DCA· 2009-07-01
  The appellate court reversed the trial court's award of attorney's fees, finding that the Department of Children and Families' dependency petition was always supported by material facts.
• Robinson v. Shackelford
  16 So. 3d 850· Fla. 5th DCA· 2009-05-22
  Robinson appealed the trial court's dismissal of her battery complaint for insufficiency of service of process. The appellate court affirmed the dismissal, holding that without transcripts of the lower court proceedings, it could not determine that the trial court abused its disc
• Preziosi v. Progressive Express Ins. Co.
  9th Cir. Ct. App. Div.· 2009-05-13
  Chiropractor Vincent Preziosi appealed a trial court's grant of summary judgment and subsequent award of attorney's fees in favor of Progressive Express Insurance Company in a PIP (personal injury protection) benefits dispute. The appellate court affirmed the summary judgment and
• Hert v. Prudential Ins. Co. of Am.
  650 F. Supp. 2d 1180· M.D. Fla.· 2009-04-28
  The court held that the plan administrator's decision to terminate long-term disability benefits was not arbitrary and capricious, as the aggregate evidence did not support a rational determination that the administrator acted wrongly.
• Douglas Ctr. RB-Gem, LLC v. Ocean Bank
  17 So. 3d 306· Fla. 3d DCA· 2009-04-08
• McCone v. Grove
  9th Cir. Ct. App. Div.· 2009-04-04 ·via Abuse Of Discretion Standard For Evidentiary Rulings
  Henry McCone appealed a trial court's final judgment for removal from rental premises in favor of The Grove at Orlando Holdings, LLC for nonpayment of rent. The appellate court affirmed the trial court's judgment, rejecting McCone's challenges to the three-day notice, his uninhab
• Leland v. State
  7 So. 3d 616· Fla. 2d DCA· 2009-04-03
  The court held that the trial court erred in admitting evidence of a prior incident under the Williams rule because it did not meet the statutory definition of child molestation, and this error was not harmless.
• Hicklin
  Del.· 2009-03-27 ·via Abuse Of Discretion Standard For Evidentiary Rulings
  The Delaware Supreme Court held that a trial court's application of a "50% of adjudicated value" rule as the sole determinant of commercial reasonableness for a sale of repossessed collateral was an erroneous application of the UCC standard. The Court further held that a secured
• Dep't OF Env't Prot. v. Landmark Enters., Inc.
  3 So. 3d 434· Fla. 2d DCA· 2009-02-25
  The Department of Environmental Protection (DEP) appealed a circuit court order appointing it as receiver of a failing wastewater treatment plant. The appellate court reversed, holding that the DEP lacked statutory authority to serve as a receiver despite its environmental expert
• Plaut v. Norwegian Cruise Line
  2 So. 3d 1120· Fla. 3d DCA· 2009-02-25
  The court held that although counsel for the defendant improperly attempted to refresh the plaintiff's recollection with an inadmissible statement, the error was harmless and did not warrant a new trial.
• Brodie
  Del.· 2009-01-26
  The Delaware Supreme Court affirmed the Superior Court's denial of the defendant's motion in limine to exclude DNA evidence and upheld the conviction. The Court found no abuse of discretion in the trial court's decision to grant a continuance rather than exclude the evidence, and
• United States v. Dodge
  554 F.3d 1357· 11th Cir.· 2009-01-14
  The Sex Offender Registration and Notification Act (SORNA) requires registration for individuals convicted of a "sex offense," which is broadly defined to include "a criminal offense that is a specified offense against a minor." A "specified offense against a minor" under SORNA i
• Gervasio Torres, Jr. v. State
  999 So. 2d 1077· Fla. 4th DCA· 2009-01-07
  Torres appeals his conviction for sexual battery on a child, challenging the admission of expert testimony on child molestation victim behavior and claiming sentencing errors. The court affirmed the conviction and expert testimony admission but reversed and remanded to correct sc
• Dobzynecki v. State
  2 So. 3d 385· Fla. 5th DCA· 2009-01-02
  The court held that the State failed to prove by a preponderance of the evidence that the probationer willfully violated a condition of his probation.
• Guy's World, Inc. v. Condon
  1 So. 3d 240· Fla. 2d DCA· 2008-12-31
• IN & FOR Sussex Cnty. Nanticoke Mem'l Hosp., Inc. v. Del. Health Res. Bd.
  Del. Super. Ct.· 2008-12-30
  The Superior Court granted the Appellees' motions to dismiss the Appellant's appeal, holding that the Appellant, as a non-applicant, lacked standing to appeal the Delaware Health Resources Board's decision. The court found that the relevant statute, read in conjunction with its h
• State v. Kern
  996 So. 2d 263· Fla. 2d DCA· 2008-12-24
  Florida appellate court affirmed the trial court's dismissal of a probation violation charge and discharge from probation when the probationer was serving an unrelated ten-year prison sentence, but remanded for entry of a corrected order clarifying that the dismissal pertained to
• Ramon
  Del.· 2008-12-23
  The appellate court affirmed in part and reversed in part the Family Court's decision. It held that retained earnings of a corporation can be considered marital property if actively generated during the marriage and controlled by a spouse, and that the Family Court has jurisdicti
• Udell v. Udell
  998 So. 2d 1168· Fla. 2d DCA· 2008-12-17
  Barry Udell appealed a final judgment in a dissolution of marriage action after the trial court denied his emergency motion for continuance and proceeded with trial on short notice without him or a court reporter present. The appellate court reversed, finding the trial court abus
• J.C. v. State
  3 So. 3d 346· Fla. 2d DCA· 2008-12-12
  J.C. appeals a restitution order for stealing four pocket bikes from a retail store owner. The trial court valued the bikes at a discounted retail price (the most recent offer made to the store owner) rather than either the wholesale cost or marked retail price. The appellate cou
• Tony Ashburn & Son, Inc.
  Del.· 2008-12-05
  The Delaware Supreme Court held that a county planning commission cannot deny a subdivision application that complies with all applicable zoning and subdivision code requirements, even if state agencies express concerns about health, safety, or welfare. The Court reversed the Sup
• G.P. v. State
  996 So. 2d 920· Fla. 4th DCA· 2008-12-03
  G.P., a juvenile, pleaded guilty to grand theft and was ordered to pay $1,225 in restitution. The appellate court affirmed the restitution award in part but reversed the portion requiring restitution for sixty CDs, holding that restitution cannot be ordered for items not encompas
• Ruimy v. Flor N. Beal
  997 So. 2d 1139· Fla. 3d DCA· 2008-11-26
• Gosum Invs., Inc. v. In re Est. OF Olga Maria Gonzalez Del Riego Sumar
  997 So. 2d 1146· Fla. 3d DCA· 2008-11-26
• Bogdanoff v. Broken Sound Club, Inc
  15th Cir. Ct. App. Div.· 2008-10-15
  The appellate court reviewed default judgments entered against Robert and Lori Bogdanoff by the trial court. The court held that while Lori was properly served with notice of the default application and the default was properly entered against her, Robert was not provided the req
• Scott v. State
  991 So. 2d 971· Fla. 1st DCA· 2008-09-22
  Scott was convicted of drug crimes after being represented by a public defender's office that simultaneously represented the confidential informant who conducted the controlled buy used as evidence against him. The trial court denied the public defender's motion to withdraw based
• State v. J.D.O.
  993 So. 2d 80· Fla. 2d DCA· 2008-09-19
  The court held that the trial court abused its discretion by finding a defendant incompetent to stand trial when the court itself found him competent and this finding was supported by expert testimony.
• Camerlengo v. State
  989 So. 2d 740· Fla. 4th DCA· 2008-09-10 ·via Abuse Of Discretion Standard For Evidence Admission
  John Camerlengo was convicted of grand theft of a trailer. The court reversed his conviction because the trial court erred in excluding an application for vehicle title that was relevant to show Camerlengo's state of mind and lack of intent to steal, rather than offered for the t
• Mazon v. Tardif (In Re Mazon)
  395 B.R. 742· M.D. Fla.· 2008-09-09
  The Bankruptcy Court was not authorized to impose a surcharge on otherwise exempt assets as a remedy for debtors' misconduct in failing to disclose and dissipate non-exempt assets.
• Burgess v. Pfizer, Inc.
  990 So. 2d 1140· Fla. 3d DCA· 2008-09-03
  Burgess, as personal representative of a deceased plaintiff's estate in a Lipitor product liability case, appealed a dismissal order entered as a sanction for her attorney's repeated violations of court orders and failure to timely file an amended complaint. The appellate court h
• Ferrante v. State
  987 So. 2d 1284· Fla. 4th DCA· 2008-08-20
• Denhart v. State
  987 So. 2d 1257· Fla. 5th DCA· 2008-08-15
  Karl Denhart was convicted of promoting a sexual performance by a child under Florida Statute § 827.071 after engaging in sexual conduct with a 17-year-old and distributing photographs of those activities. The Fifth District Court of Appeal affirmed his conviction and sexual pred
• M.S. v. State
  987 So. 2d 774· Fla. 4th DCA· 2008-07-30
  The court held that while probation revocation was proper based on an alleged offense, the disposition order contained errors regarding the commitment level, sex offender program, and DNA testing.
• E.P. Iaconis v. Ward
  989 So. 2d 687· Fla. 4th DCA· 2008-07-30
  The trial court's dismissal of the breach of contract action as a sanction for discovery non-compliance is affirmed.
• Neelam Anand v. JEB Hotel Assocs., Ltd.
  988 So. 2d 652· Fla. 3d DCA· 2008-07-16
  Plaintiffs appealed a jury verdict in favor of a hotel after a van rollover accident, arguing the trial court erred in denying their motions for mistrial and new trial based on opposing counsel's improper reference to a police accident report during closing argument. The court af
• In re Beane
  404 B.R. 942· M.D. Fla.· 2008-07-15
  The district court affirmed the bankruptcy court's order granting relief from the automatic stay to allow the Tax Court to proceed and denying the debtor's motion to determine tax liability, finding no abuse of discretion.
• Wilson v. State
  988 So. 2d 43· Fla. 3d DCA· 2008-07-09
  A prosecutor's comment during closing argument calling attention to the defendant's right to remain silent and implicitly noting that the defendant did not testify is reversible error and cannot be deemed harmless beyond a reasonable doubt when the defense evidence is weak and th
• Pines Learning Ctr., Inc. v. Shipman
  988 So. 2d 33· Fla. 4th DCA· 2008-07-02
  Pines Learning Centre appealed a trial court's order granting a new trial on the ground that the jury's verdict was against the manifest weight of the evidence. After relinquishing jurisdiction to allow the trial judge to explain her reasoning, the appellate court affirmed the ne