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

• Nationwide Mut. Ins. Co. v. Chillura
  952 So. 2d 547· Fla. 2d DCA· 2007-01-19
  Nationwide appeals a jury verdict awarding the Chilluras damages for sinkhole-related structural damage to their apartment buildings. The court affirmed the judgment, finding that coverage under the insurance policy for foundation repairs using pins was properly determined by the
• State v. Cubic
  946 So. 2d 606· Fla. 4th DCA· 2007-01-03
  The State appeals the trial court's suppression of breath-alcohol test results in a DUI prosecution after finding the State failed to prove that use of tap water (instead of distilled or deionized water) in monthly breath-testing device inspections constituted only an insubstanti
• Welsh v. State
  15th Cir. Ct. App. Div.· 2006-12-27
  The court reversed a conviction for delivery of heroin, finding that an undercover officer's testimony summarizing conversations with an intermediary constituted inadmissible hearsay.
• Cap. Inv. Grp., Inc. v. N.I. Richburg
  944 So. 2d 1232· Fla. 5th DCA· 2006-12-22
  The trial court abused its discretion by dismissing the action for lack of prosecution when there was non-record activity sufficient to establish good cause.
• Allied Sys., Ltd. v. Kaufman
  946 So. 2d 1154· Fla. 3d DCA· 2006-12-20
• Reed v. State
  944 So. 2d 503· Fla. 5th DCA· 2006-12-15
  Louis Reed appealed his conviction for aggravated battery and aggravated assault, challenging the admission of a photographic lineup he claimed was unduly suggestive. The Florida appellate court affirmed the trial court's decision to admit the evidence, finding no abuse of discre
• Wood v. State
  944 So. 2d 1172· Fla. 5th DCA· 2006-12-15
  The court held that the trial court did not abuse its discretion in denying a continuance and that the prosecutor's arguments did not constitute fundamental error.
• Williams v. BCI Indus. & Alternative Serv. Concepts
  943 So. 2d 911· Fla. 1st DCA· 2006-12-01
  The court held that the JCC did not abuse discretion in denying a continuance to present rebuttal evidence to a post-hearing IME, but erred in finding the claimant voluntarily limited his income without evidence he was informed of a work release.
• Guy
  Del.· 2006-11-16
  The Delaware Supreme Court affirmed the Superior Court's convictions, finding no merit in the defendant's arguments regarding jury instructions, suppression of evidence, admission of physical evidence, denial of a mistrial, jury view of the crime scene, felony murder conviction,
• Summerville Dev., Inc. v. Dorta-Duque
  941 So. 2d 530· Fla. 3d DCA· 2006-11-08
  The court held that the trial court did not abuse its discretion in granting a new trial due to improper comments made by counsel before the jury.
• Robinson v. State
  940 So. 2d 516· Fla. 1st DCA· 2006-10-25
  Dexter Robinson appeals a trial court's revocation of his probation for failing to file a monthly report and comply with his probation officer's instructions. The appellate court affirmed, holding that the trial court did not abuse its discretion in finding Robinson willfully and
• Lyncker v. Johnson & Johnson Pension Comm.
  505 F. Supp. 2d 1303· M.D. Fla.· 2006-10-23
  The court held that the denial of long-term disability benefits based on the plaintiff's asthmatic and pulmonary conditions was arbitrary and capricious, as the administrator failed to accurately represent the treating physician's opinion and did not conduct further review.
• THE Florida BAR v. O'Connor
  945 So. 2d 1113· Fla.· 2006-10-19
  The Florida Bar disciplined attorney Andrew James O'Connor for knowingly misrepresenting to the Supreme Court of New Mexico that he held a certificate of good standing from the Florida Bar when he actually held inactive status. The Florida Supreme Court upheld the findings of mis
• Cardinal v. State
  939 So. 2d 158· Fla. 5th DCA· 2006-09-29
  Joshua Cardinal, a mentally retarded man, sought to withdraw his plea to probation violations after completing his prison sentence. The appellate court affirmed the trial court's denial of the motion, applying an abuse-of-discretion standard, while expressing concern about the in
• In re Est. OF George H. Cadgene v. Cadgene
  938 So. 2d 581· Fla. 2d DCA· 2006-09-27
  The court held that the estate's objection met statutory requirements, obligating the claimant to file an independent action within thirty days, and affirmed the striking of the claim for failure to do so.
• Nash v. AMR Corp.
  937 So. 2d 1205· Fla. 1st DCA· 2006-09-18
  Kenny Nash appealed a workers' compensation judge's (JCC) award of appellate attorney's fees and costs, arguing the JCC abused discretion by accepting an unverified response from the employer/carrier and allowing opposing counsel to testify at the fee hearing. The court affirmed,
• Bowen
  Del.· 2006-09-15
  The Delaware Supreme Court affirmed the Superior Court's order excluding the plaintiffs' proffered expert opinions and granting summary judgment to the defendant. The court found that the trial judge did not abuse his discretion in excluding the testimony of Dr. MacIntosh because
• Billy Earl Banks, Sr. v. State
  936 So. 2d 787· Fla. 4th DCA· 2006-09-06 ·via Abuse Of Discretion Standard For Continuance
  Affirmed convictions for rape with reversal of three counts due to double jeopardy violation; trial court did not abuse discretion in denying continuance motion.
• Suri v. State
  937 So. 2d 216· Fla. 3d DCA· 2006-09-01
  Francisco Eddy Suri was convicted of two counts of lewd and lascivious molestation of a child under twelve. On appeal, Suri challenged the trial court's denial of a for-cause challenge to prospective juror Alade, who was a pediatrician with experience treating sexually abused chi
• Bowen v. Brewer
  936 So. 2d 757· Fla. 2d DCA· 2006-08-30
  The Bowens and their attorneys appealed an award of attorney's fees and costs to the Brewers under section 57.105, Florida Statutes, arising from a dismissed environmental contamination lawsuit. The court reversed the attorney's fees award, finding the trial court's conclusion th
• Kylie C. Doyle v. Owens
  936 So. 2d 1173· Fla. 1st DCA· 2006-08-24
  The appellate court, in a dissenting opinion, argued that the trial court abused its discretion in ordering a child's surname change without sufficient evidence of the child's welfare.
• Juliette A. Holler v. Evelio de Hoyos
  935 So. 2d 78· Fla. 5th DCA· 2006-08-04
  Juliette Holler appeals a trial court's denial of expert witness costs for Ross Payne, a real estate attorney who assisted in defending against a declaratory judgment action regarding property boundaries. The appellate court affirms the denial because Holler failed to provide the
• State v. Kamps
  15th Cir. Ct. App. Div.· 2006-06-27
  The trial court abused its discretion by granting a mistrial based on alleged prosecutorial misconduct when no absolute legal necessity for mistrial existed. The court's own erroneous rulings on Miranda warnings during a traffic stop investigation prompted the prosecutor's correc
• Hill v. State
  932 So. 2d 1117· Fla. 5th DCA· 2006-06-09
  Mary Hill was convicted of vehicular homicide, manslaughter, and culpable negligence after a 2000 car crash that killed two children. She appealed, challenging the prosecutor's closing argument and the trial court's denial of her motion for a new trial based on newly discovered w
• Burt v. State
  931 So. 2d 1005· Fla. 3d DCA· 2006-06-07
  The court affirmed the revocation of community control but reversed to require a written order detailing the violated conditions.
• Gray v. Sunburst Sanitation Corp.
  932 So. 2d 439· Fla. 4th DCA· 2006-05-17
• Jimenez v. State
  928 So. 2d 508· Fla. 3d DCA· 2006-05-10
  The court held that the trial court did not abuse its discretion in allowing jurors to ask questions and that any error in a jury instruction was harmless and not fundamental.
• HAY v. HAY
  934 So. 2d 21· Fla. 4th DCA· 2006-05-10
  In this Florida family law case, the husband appeals a final judgment awarding the wife one-half of all assets titled in the husband's name or jointly held. The trial court found that the husband's substantial premarital assets were sufficiently commingled with joint marital acco
• Yahweh v. United States Parole Comm'n
  428 F. Supp. 2d 1293· S.D. Fla.· 2006-04-25
  The court rejected the magistrate's recommendation, denied the plaintiff's complaint for declaratory judgment and motion for preliminary injunction, and dismissed the action.
• Stanley v. State
  922 So. 2d 411· Fla. 5th DCA· 2006-03-10
  A probationer's probation cannot be revoked for failure to successfully complete a sex offender treatment program when the probation condition requires only "participation," the probationer was discharged from the program due to an unproven criminal charge rather than inadequate
• Stathopolous ex rel. Heidkamp v. Capitol Indem. Corp.
  M.D. Fla.· 2006-03-10
  The district court vacated its prior order and remanded the bankruptcy court's denial of a motion for reconsideration and extension of time to the bankruptcy court for a determination of excusable neglect.
• Johnson v. State
  920 So. 2d 1282· Fla. 4th DCA· 2006-03-01
  Johnson appealed his cocaine sale conviction, challenging the trial court's admission of testimony that he was the subject of a drug investigation. While the appellate court found the testimony's admission was error, it affirmed the conviction because the error was harmless given
• Coastal Conservation Ass'n v. Gutierrez
  417 F. Supp. 2d 1304· M.D. Fla.· 2006-02-28 ·via Arbitrary, Capricious, Or Abuse Of Discretion Standard
  The court held that while plaintiffs were prevailing parties, the government's position was substantially justified, thus denying EAJA fees, but awarded limited costs for filing fees.
• Welsh v. State
  918 So. 2d 405· Fla. 5th DCA· 2006-01-20
  The trial court did not abuse its discretion in failing to order disclosure of grand jury transcripts.
• Carpenter v. State
  917 So. 2d 962· Fla. 1st DCA· 2005-12-22
  Carpenter appealed his DUI manslaughter sentence, arguing it exceeded statutory and guideline maximums and that he was entitled to resentencing under 1994 guidelines because he committed his offense during the applicable window period. The court reversed the trial court's denial
• O.D.Q. v. P.R.C.
  917 So. 2d 935· Fla. 3d DCA· 2005-12-14
  The court held that the trial court did not abuse its discretion in denying the father's petition for return of children under the Hague Convention.
• Wolford v. Scott A. Boone, M.D.
  920 So. 2d 39· Fla. 5th DCA· 2005-12-02
  The court held that the trial court's order for a new evidentiary hearing was improper, as the prior mandate required only an amended order with findings of fact.
• Martini v. Young
  921 So. 2d 647· Fla. 5th DCA· 2005-11-18
  The Martinis appealed a trial court's dismissal of their amended complaint against the Youngs for breach of duty to disclose home defects, seeking rescission, breach of contract, misrepresentation, and fraud claims. The appellate court dismissed the appeal for lack of jurisdictio
• Petrena v. State
  914 So. 2d 999· Fla. 1st DCA· 2005-10-25
  Warren Scott Petrena was convicted of purchasing and conspiring to purchase a controlled substance. He appealed contending the trial court abused its discretion by failing to order a competency evaluation and hearing, and by denying his motion for continuance. The appellate court
• Andres v. City OF Jacksonville
  911 So. 2d 1286· Fla. 1st DCA· 2005-10-11
  The court affirmed the trial court's dismissal of the action for failure to prosecute under Florida Rule of Civil Procedure 1.420(e), finding no abuse of discretion and rejecting appellants' challenge to prior interlocutory orders.
• Delisa v. State
  910 So. 2d 418· Fla. 4th DCA· 2005-09-21
  The trial court abused its discretion by failing to hold a competency hearing and declare the defendant competent before proceeding with the violation of probation hearing.
• Nesci v. Nathalie Duffau
  913 So. 2d 659· Fla. 3d DCA· 2005-09-07
  The Third District Court of Appeal reversed a trial court's award of attorney's fees and costs to Duffau under section 57.105, Florida Statutes, finding that the plaintiffs' lawsuit against Duffau was filed based on a reasonable belief about the facts and was voluntarily dismisse
• Merastar Ins. Co. v. Webb
  932 So. 2d 228· Fla. 4th DCA· 2005-09-07
• Mungen v. Carwise
  913 So. 2d 3· Fla. 5th DCA· 2005-08-26
  Freddie Louis Mungen appealed the denial of his motion for relief from judgment under Florida Rule of Civil Procedure 1.540(b) following a final judgment that voided his conveyance of land. The court affirmed the trial court's denial, finding no abuse of discretion and no newly d
• Houlihan's Rests., Inc. v. Apac-Florida, Inc.
  911 So. 2d 816· Fla. 1st DCA· 2005-08-11
  Houlihan's Restaurants appealed a trial court judgment apportioning a $1.1 million condemnation award between itself and property owner CNL, receiving $167,618.99. The court affirmed, holding that competent substantial evidence supported the trial court's inclusion of the value o
• McGLOCKLIN v. State
  907 So. 2d 1288· Fla. 3d DCA· 2005-08-10
  The court affirmed in part and reversed in part the appellant's convictions and sentences, finding that allowing jury questions during trial was within the trial court's discretion, but reversing the conviction for attempted felony murder.
• Nichols v. Nichols
  907 So. 2d 620· Fla. 4th DCA· 2005-07-27
  Former Wife appeals a dissolution of marriage judgment, challenging the trial court's denial of permanent periodic alimony, refusal to award interest on equalization payments, and denial of life insurance requirements. The appellate court reverses the alimony decision and remands
• AMP Servs. Ltd. v. Walanpatrias Found.
  906 So. 2d 336· Fla. 4th DCA· 2005-07-06
• Stephens v. Auto-Owners Ins. Co., Inc.
  906 So. 2d 322· Fla. 4th DCA· 2005-07-06
  In an underinsured motorist claim, the appellate court affirmed the trial court's judgment in favor of the insurance company, rejecting the claimant's contentions that the court erred in restricting voir dire, excluding expert medical opinion on delayed diagnosis, and allowing re
• Johnson v. State
  906 So. 2d 1149· Fla. 1st DCA· 2005-06-20
  John L. Johnson, Sr. was convicted of burglary and theft and appealed, arguing that the trial court's use of gag and handcuffs while he was present before the jury violated his right to a fair trial. The Florida District Court of Appeal affirmed the conviction, holding that under