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

• LEE v. Oceans Casino Cruises, Inc.
  983 So. 2d 791· Fla. 3d DCA· 2008-06-25
  Sylvester Lee appeals a trial court's order granting a new trial on liability in a personal injury case arising from a vehicular accident. The court reverses because the defendants failed to preserve for appeal their objection to plaintiff's counsel's allegedly improper impeachme
• Powell v. State
  985 So. 2d 1168· Fla. 4th DCA· 2008-06-25
  Aaron Powell appeals his involuntary commitment under Florida's Sexually Violent Predator Act, challenging the trial court's denial of his motions for mistrial and new trial based on the state's improper closing argument. The appellate court found multiple instances of improper a
• Ginsberg v. Evergreen Sec.
  391 B.R. 184· M.D. Fla.· 2008-06-17
  The district court affirmed the bankruptcy court's imposition of sanctions against attorney Ginsberg, finding his recusal motion lacked a sufficient legal and factual basis and that he acted in bad faith.
• State v. Purdy
  9th Cir. Ct. App. Div.· 2008-06-06
  The State appealed the trial court's denial of a continuance and grant of a suppression motion in a DUI case where the arresting officer was delayed and unable to appear for a scheduled suppression hearing. The appellate court reversed, finding the trial judge abused its discreti
• B.M. v. Dep't OF Child. & Families
  981 So. 2d 1229· Fla. 4th DCA· 2008-05-14
  The Florida Fourth District Court of Appeal affirmed a dependency order terminating DCF's protective supervision and placing a child with his father, but reversed the portion conditioning the mother's visitation on producing a negative drug screen. The court held that while the m
• Marlin Leon Wiggins v. State
  981 So. 2d 554· Fla. 2d DCA· 2008-05-02
  Marlin Leon Wiggins petitioned for a writ of prohibition challenging a trial court's order granting the State's motion to extend the speedy trial period. The Florida Second District Court of Appeal affirmed the trial court's decision, holding that the court did not abuse its disc
• Mazon v. Tardif
  387 B.R. 641· M.D. Fla.· 2008-04-28
  The court affirmed the bankruptcy court's imposition of an equitable lien on the debtors' condominium and its determination that a cabana was property of the bankruptcy estate, not subject to homestead exemption.
• Almendares v. State of Fla. & Ruth Martinez-Estes
  979 So. 2d 448· Fla. 4th DCA· 2008-04-23
  Walter Almendares petitioned for a writ of certiorari to quash the trial court's order denying his motion to reconsider his indigent status and remove a lien on his inmate trust account. The appellate court reversed, finding the trial court abused its discretion by refusing to co
• In re the
  Del.· 2008-03-27
  The Court affirmed the Court of Chancery's order approving the settlement of the shareholder class action. The Court found no legal error or abuse of discretion in the approval of the settlement, the definition of the settlement class, or the bifurcation of the settlement approva
• Micic v. Adventist Health System/Sunbelt, Inc.
  976 So. 2d 1159· Fla. 5th DCA· 2008-03-14
• Nelson Tree Serv., Inc. v. Gray
  978 So. 2d 198· Fla. 1st DCA· 2008-03-13
  Nelson Tree Service appealed the denial of its motion for preliminary injunctive relief against a former employee and competing company based on alleged violations of a noncompete agreement. The court reversed, holding that the trial court erred by failing to properly analyze whe
• Rodas v. Commercial Forming Corp. & CNA
  976 So. 2d 620· Fla. 1st DCA· 2008-02-11
  Cesar Rodas appealed the denial of a stipulated change of venue in a workers' compensation case from Miami to Fort Lauderdale district. The court affirmed the judge's discretionary denial, holding that while parties may stipulate to a venue change, the judge of compensation claim
• Eugenio Perez v. United Fitness OF Am., LLC
  976 So. 2d 56· Fla. 3d DCA· 2008-02-06
  The court held that the trial court did not abuse its discretion in denying the plaintiff's motion for a new trial, as the jury's verdict was supported by the evidence.
• Barrett v. Barrett
  973 So. 2d 632· Fla. 4th DCA· 2008-01-30
  The court held that the trial court did not abuse its discretion in denying the motion to amend the answer to assert a bankruptcy discharge defense, as the motion was filed close to trial and lacked supporting documentation.
• Segura v. State
  972 So. 2d 1105· Fla. 4th DCA· 2008-01-30
  Marcos Segura was convicted of second-degree murder for fatally stabbing his father and appealed, claiming self-defense. He challenged the admission of crime scene photographs, detective testimony regarding blood stain evidence, and jury instructions on self-defense. The appellat
• United States Dev., Ltd. v. Jones Coll.
  973 So. 2d 594· Fla. 3d DCA· 2008-01-16
  The trial court did not err in excluding letters offered to prove anticipatory breach, as the landlord's prior actions constituted a constructive eviction and breach of contract.
• Brooke v. Univ. OF Cent. Fla.
  971 So. 2d 990· Fla. 5th DCA· 2008-01-04
  Florida appellate court affirmed the administrative order dismissing Brooke's untimely challenge to the University of Central Florida's 2005 Campus Master Plan Amendment as not supported by competent, substantial evidence and procedurally sound.
• Ventimiglia v. TGI Fridays, Inc.
  980 So. 2d 1087· Fla. 4th DCA· 2007-12-19
  A plaintiff appealed a defense verdict in a slip and fall case at a TGI Friday's restaurant. The appellate court reversed and remanded for a new trial based on several erroneous evidence rulings, including the exclusion of testimony about the defendant's negligent mode of operati
• Garcia v. Liliana de la Paz Garcia
  971 So. 2d 872· Fla. 3d DCA· 2007-11-21
  In a family law dissolution case, the appellate court affirmed the trial court's award of temporary spousal support to Ms. Garcia and also affirmed the denial of her contempt motion, while preserving her right to pursue additional discovery and a renewed contempt motion if eviden
• Lundy v. State
  995 So. 2d 982· Fla. 1st DCA· 2007-11-08
  The court held that the trial court abused its discretion in denying release pending appeal, as the appellant presented a low flight risk and had strong community ties.
• Kolb v. State
  9th Cir. Ct. App. Div.· 2007-10-23
  John Kolb appeals his traffic citation for unlawful speeding, challenging the trial court's admission of a Radar Certificate documenting the officer's radar device calibration. The appellate court affirmed the conviction, holding that the ticketing officer could establish the rad
• Sohail Delfani, M.D. v. Cromer
  967 So. 2d 384· Fla. 3d DCA· 2007-10-17
  The appellate court affirmed the trial court's order granting a new trial, finding no abuse of discretion.
• Tampa Serv. Co., Inc. v. Hartigan
  966 So. 2d 465· Fla. 4th DCA· 2007-10-10
  Tampa Service Company appeals a trial court's order granting class certification in a Labor Pool Act case. The appellate court affirms, holding that the class certification order sufficiently complies with Florida Rule of Civil Procedure 1.220(d) requirements and that the trial c
• N.M. v. Dep't of Child. & Families
  964 So. 2d 909· Fla. 4th DCA· 2007-10-03
• Hollister v. Hollister
  965 So. 2d 341· Fla. 2d DCA· 2007-09-26
  The Wife appealed a final judgment of dissolution of marriage, challenging the trial court's equitable distribution of marital assets and the alimony award. The appellate court reversed and remanded on multiple grounds, finding errors in the valuation and distribution of stock ap
• Pendlebury v. Starbucks Coffee Co.
  518 F. Supp. 2d 1345· S.D. Fla.· 2007-09-21
  The court held that the store managers are similarly situated for the purposes of a collective action under the FLSA, and therefore, decertification is not warranted at this stage.
• Parrot Jungle & Gardens Ltd., Inc. v. Unique Surfacing, LLC
  970 So. 2d 351· Fla. 3d DCA· 2007-09-12
  The court held that the trial court did not abuse its discretion in vacating a summary judgment that was based on a prior judgment which had since been reversed. The dismissal order predicated on the vacated judgment was therefore also reversed.
• Nat'l Equity Recovery Servs., Inc. v. R.O.G. Invs., Inc.
  965 So. 2d 230· Fla. 3d DCA· 2007-09-05
• Huxley Petigny v. State
  963 So. 2d 891· Fla. 3d DCA· 2007-08-22 ·via Abuse Of Discretion Standard For Continuance
  Appellant's convictions for organized fraud and grand theft were reversed as to the organized fraud count due to double jeopardy violation, while his convictions for forgery, uttering a forged instrument, and simulating a legal process were affirmed; the trial court's denial of a
• Jenkins v. State
  963 So. 2d 311· Fla. 4th DCA· 2007-08-15
  Jenkins appealed the revocation of his probation for failing to report, leaving his county, and committing a new crime. The court reversed, holding that Jenkins could not willfully violate probation conditions he did not know existed because his supervising officer never informed
• Jesse v. Commercial Diving Acad. OF Jacksonville, Inc.
  963 So. 2d 308· Fla. 1st DCA· 2007-08-14
• Steding v. Am. Gen. Fin.
  962 So. 2d 1036· Fla. 5th DCA· 2007-08-10
  The court held that the trial court did not abuse its discretion in denying the motion to set aside the foreclosure sale.
• White v. White
  965 So. 2d 164· Fla. 5th DCA· 2007-08-03
  In this Florida marital dissolution case, the appellate court affirmed the trial court's equal division of approximately $8.5-$20 million in marital assets between husband and wife, rejecting the husband's challenges to asset valuation and distribution while also rejecting the wi
• D.O. v. State
  961 So. 2d 1053· Fla. 1st DCA· 2007-07-24
  A juvenile appellate case in which D.O. appeals a trial court's disposition order imposing a moderate-risk residential placement for sexual battery offenses against a young relative, arguing the sanction was stricter than the Department of Juvenile Justice's probation recommendat
• Ripoll v. Comprehensive Pers. Care Servs., Inc.
  963 So. 2d 789· Fla. 3d DCA· 2007-07-18 ·via Abuse Of Discretion Standard On Appeal
  In a guardianship dispute, the trial court froze the assets of Alina Ripoll, successor guardian of an incapacitated ward, after she violated a court order by mortgaging a home purchased with ward funds and then invoked the Fifth Amendment to avoid disclosing the mortgage proceeds
• Pesci v. State
  963 So. 2d 780· Fla. 3d DCA· 2007-07-18
  James Pesci appeals his civil commitment as a sexually violent predator under Florida's Jimmy Ryce Act, challenging the trial court's admission of hearsay evidence regarding an uncharged sexual offense in New York. The court affirmed, holding that hearsay evidence is admissible u
• McCLOSKEY Constr. Corp. v. Toco Homes, Inc.
  962 So. 2d 357· Fla. 3d DCA· 2007-07-18
• Smyth v. Smyth
  959 So. 2d 414· Fla. 1st DCA· 2007-06-21
  Wife appealed final judgment of dissolution of marriage, challenging the trial court's award of only $250 per month in permanent periodic alimony. The appellate court reversed the alimony award, finding the trial court abused its discretion by awarding an amount inconsistent with
• Murphy v. Deidre A. Murphy
  994 So. 2d 1118· Fla. 3d DCA· 2007-05-23
  The court held that the trial court did not abuse its discretion in awarding additional attorney's fees and suit monies.
• Manning v. Johnson & Johnson Pension Comm.
  504 F. Supp. 2d 1293· M.D. Fla.· 2007-05-16
  The court found that the Pension Committee's denial of long-term disability benefits was not arbitrary and capricious, as there was a reasonable basis in the administrative record for the decision, despite some conflicting medical opinions.
• Dienes v. U.S. Alliance Mgmt. Corp.
  955 So. 2d 1187· Fla. 3d DCA· 2007-05-02
  Plaintiffs appealed a trial court's dismissal of their complaint against U.S. Management for failure to effectuate proper service of process. The court affirmed the dismissal, holding that plaintiffs failed to meet their burden of proving that the defendant violated Florida's reg
• Allstate Ins. Co. v. Wiley
  954 So. 2d 1273· Fla. 2d DCA· 2007-05-02
  Allstate challenges a jury verdict awarding $91,000 in damages for uninsured motorist injuries, arguing the trial court erred in denying its motion for new trial based on juror non-disclosure and in reducing the award by remittitur. The appellate court affirmed the denial of the
• Cano v. State
  955 So. 2d 614· Fla. 3d DCA· 2007-04-25
  Rolando Mel Cano appeals his convictions for murdering his wife and her elderly aunt, and for felony animal cruelty related to a family pet's death. Cano, who confessed to all killings, challenges only the animal cruelty conviction and a single prosecutorial comment, but the appe
• Fiddemon v. State
  954 So. 2d 1183· Fla. 4th DCA· 2007-04-11
  Fiddemon was convicted of robbery with a firearm based primarily on the victim's identification. On appeal, he challenged the trial court's denial of his motion for mistrial after a police officer made a reference to a robbery investigation, arguing the statement prejudiced the j
• THE News & Observer Publ'g Co. v. A.Q.
  953 So. 2d 686· Fla. 1st DCA· 2007-04-04
  The News & Observer challenged a circuit court order sealing a civil litigation file in a damages action related to an adoption. The Florida Court of Appeal affirmed the seal, holding that section 63.162's confidentiality protections for adoption files extend beyond just the iden
• M.D.B. v. State
  952 So. 2d 590· Fla. 2d DCA· 2007-03-21 ·via Abuse Of Discretion Standard For Continuance
  When a probation revocation hearing is set for the same day as arraignment without prior notice, and defense counsel is given inadequate time to prepare, the juvenile court abuses its discretion in denying a continuance motion. Additionally, the court errs when it requires the pu
• Wagle v. State
  951 So. 2d 114· Fla. 5th DCA· 2007-03-16
  Mark Wagle's community control was revoked based on two alleged violations: arriving home 5-35 minutes late from work and a diluted urine drug test. The appellate court reversed, finding the evidence insufficient to support either violation as willful and substantial.
• Kettell v. State
  950 So. 2d 505· Fla. 2d DCA· 2007-03-07 ·via Abuse Of Discretion Standard For Jury Instructions
  A jury instruction that uses the term "per se" to suggest that shooting into a building alone satisfies the wanton or malicious intent element of section 790.19, Florida Statutes, is erroneous and reversible error even if other portions of the instructions mention the intent requ
• Shafter G. Wyatt, III v. Marilyn L. Marcus, D.O.
  949 So. 2d 1204· Fla. 3d DCA· 2007-03-07
  The appellate court held that the trial court did not abuse its discretion in granting a new trial based on improper comments made by plaintiff's counsel during closing argument.
• Wellington Vision, Inc. v. Pearle Vision
  364 B.R. 129· S.D. Fla.· 2007-02-20
  The court held that a non-exclusive trademark license agreement, governed by the Lanham Act, cannot be assumed or assigned by a debtor in possession under 11 U.S.C. § 365(c)(1) without the licensor's consent, even if the agreement contains a clause against unreasonably withholdin