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

• James v. Carr
  900 So. 2d 680· Fla. 3d DCA· 2005-04-20
  The court reversed a trial court's decision denying a motion to vacate an agreed order on attorney fees because the trial court improperly inserted handwritten release language that was not part of the parties' settlement agreement and was added without the appellant's consent at
• Pomeranz v. Ronna Salinger Pomeranz
  901 So. 2d 895· Fla. 4th DCA· 2005-04-20
  The appellate court affirmed in part and reversed in part a final judgment of dissolution of marriage. The court affirmed the trial court's refusal to incorporate a property settlement agreement due to inadequate financial disclosure but reversed the equitable distribution of the
• Dudley v. Dudley
  899 So. 2d 483· Fla. 1st DCA· 2005-04-15
  In this family law appeal, the Florida First District Court of Appeal affirmed a trial court's decision awarding primary physical residence of a minor child to the father rather than the mother. The mother's pattern of violating court orders, relocating without notice, unilateral
• Fung v. Fla. Auto. Joint Underwriting Ass'n
  905 So. 2d 193· Fla. 3d DCA· 2005-04-06
  The appellate court affirmed the trial court's decision to disapprove a proposed class action settlement, finding that the trial court acted within its discretion by severing the attorney's fee provision due to concerns of excessiveness and remanding for further proceedings.
• Lyon v. Sanford
  911 So. 2d 806· Fla. 1st DCA· 2005-03-21
  A trial court does not abuse its discretion in denying Rule 1.540(b) relief from a default foreclosure judgment and judicial sale when the appellant fails to establish grounds for reversal and the trial court has conducted a hearing without procedural irregularity.
• Mooney v. State
  898 So. 2d 1030· Fla. 1st DCA· 2005-03-11 ·via Abuse Of Discretion Standard For Evidentiary Rulings
  The court held that the trial court abused its discretion by admitting evidence of prior DUI convictions when the defense did not open the door.
• Lora v. Escaffi
  913 So. 2d 613· Fla. 3d DCA· 2005-03-09
  Even improper argument by counsel will not require a new trial unless the remarks are so egregious as to interfere with the essential justice of the result.
• Jackson v. State
  893 So. 2d 706· Fla. 2d DCA· 2005-02-23
  David Jackson appealed the trial court's denial of his petition for declaratory judgment challenging his designation as a sexual predator under Florida's Sexual Predator Act. The appellate court reversed, holding that the trial court abused its discretion by failing to address th
• Mich. Nat'l Bank v. Ibis Landing Venture, Ltd.
  899 So. 2d 328· Fla. 4th DCA· 2005-02-23
  This case involves consolidated appeals from a real estate acquisition and development dispute. The appellate court reversed in part, finding the trial court abused its discretion by denying a continuance when MNB's trial counsel became ill, thus requiring a new trial on lost com
• Smith v. Smith
  896 So. 2d 818· Fla. 5th DCA· 2005-02-18
  Angela Smith appeals a final divorce judgment, challenging the trial court's distribution of marital assets, particularly the Oregon property and Moultrie Heights property, and the denial of permanent periodic alimony. The appellate court finds the trial court erred in calculatin
• Lajoie v. Holden Cove, Inc.
  895 So. 2d 1147· Fla. 5th DCA· 2005-02-11
  The appellate court affirmed the trial court's dismissal of the appellants' third amended complaint.
• Jack Brier Gen. Contractor, Inc. v. Skinner
  891 So. 2d 1194· Fla. 3d DCA· 2005-02-02
  Trial court's reduction of attorney's fees award from $48,000 to $20,162.50 under Fla. Stat. § 713.29 was not an abuse of discretion despite expert testimony supporting the higher amount.
• Percival v. State
  891 So. 2d 629· Fla. 5th DCA· 2005-01-28
  The court held that the trial court did not abuse its discretion in denying the motion to withdraw the no contest plea, as the State did not violate the plea agreement.
• W.W. v. State
  890 So. 2d 361· Fla. 4th DCA· 2004-12-22
  W.W., adjudicated delinquent for attempted burglary after a guilty plea, appeals his commitment to a high-risk residential facility, arguing the trial court departed from the Department of Juvenile Justice's recommendation without adequate evidentiary support. The court reversed,
• Matheny v. Briggs
  889 So. 2d 944· Fla. 5th DCA· 2004-12-17
  In this paternity case, Matheny appeals a trial court judgment establishing paternity, parental responsibility, and child support. The appellate court affirmed the visitation order but reversed and remanded the child support calculation due to the trial court's erroneous refusal
• Hamzik v. State
  889 So. 2d 216· Fla. 5th DCA· 2004-12-17
• Citrin v. de Venny
  893 So. 2d 590· Fla. 4th DCA· 2004-12-15
  This appeal arises from a motor vehicle accident trial where the trial court denied the plaintiff's motion for continuance based on his alleged inability to travel due to knee surgery needs and security concerns in New York. The Fourth District Court of Appeal affirmed the judgme
• Terris Angelo Wilson v. State
  889 So. 2d 114· Fla. 4th DCA· 2004-11-24
  This case addresses whether a trial judge errs by failing to conduct a Nelson hearing when a defendant expresses general dissatisfaction with his attorney. The court held that a Nelson hearing is required only when a defendant makes specific formal allegations of attorney incompe
• State Farm Fla. Ins. Co. v. Bonham
  886 So. 2d 1072· Fla. 5th DCA· 2004-11-19
  State Farm sought certiorari review of a trial court's order denying its motion to consolidate two civil actions involving a common plaintiff but different defendants—one alleging fraud in the sale of property with concealed sinkhole damage, and another seeking a declaration of i
• Candy Ann Turben v. State
  884 So. 2d 1157· Fla. 1st DCA· 2004-10-28
• Dowling v. Dowling
  884 So. 2d 491· Fla. 2d DCA· 2004-10-08
  The trial court abused its discretion in ordering that the marital home revert to the former husband because the evidence presented did not support a finding that the former wife defaulted on the mortgage for a period exceeding thirty days as required by the final judgment.
• Savage v. State
  880 So. 2d 809· Fla. 5th DCA· 2004-08-13 ·via Abuse Of Discretion Standard For Continuance
  Thomas Savage appeals his vehicular manslaughter conviction, arguing the trial court erred in denying his motion for judgment of acquittal and failing to grant a continuance when he substituted counsel days before trial. The appellate court affirms, finding sufficient evidence of
• Saint Jean Istache v. Pierre
  876 So. 2d 1217· Fla. 4th DCA· 2004-06-09
  The trial court erred by refusing to allow the defendant to amend discovery responses filed in error and by directing a verdict on causation when conflicting evidence existed.
• Templer v. Frankel
  873 So. 2d 594· Fla. 3d DCA· 2004-05-26
• Tomkins v. Tomkins
  873 So. 2d 522· Fla. 4th DCA· 2004-05-19
  The court held that the trial court did not abuse its discretion in allowing the former wife to relocate with the child.
• Jovon Tyrese Mims v. State
  872 So. 2d 453· Fla. 2d DCA· 2004-05-19
  Jovon Mims appealed his conviction for drug sales and fleeing police, challenging the admission of his statement to a deputy that he had not sold drugs in four months. The Florida appellate court agreed that admission of this statement constituted error because it was relevant on
• Cummings v. State
  874 So. 2d 1203· Fla. 5th DCA· 2004-05-14
  The appellate court held that the trial court did not abuse its discretion in denying a motion for mistrial based on prosecutorial misconduct during closing arguments.
• In re Records OF the Dep't OF Child. & Fam. Servs. v. Dep't of Child. & Fam. Servs.
  873 So. 2d 506· Fla. 2d DCA· 2004-05-14
  The Sarasota Herald-Tribune appealed a trial court's denial of its petition for access to Department of Children and Family Services records relating to a child abuse case. The appellate court reversed, holding that the trial court abused its discretion by failing to conduct an i
• Hackett v. State
  869 So. 2d 672· Fla. 5th DCA· 2004-04-02
  David Hackett appealed his convictions for sexually abusing his 11-year-old son, challenging the admission of testimony from his adult daughter describing similar abuse she suffered as a child. The court affirmed the convictions, holding that the collateral crime evidence was pro
• Va. Inv. Fund Ltd. P'ship v. Nolan
  867 So. 2d 629· Fla. 3d DCA· 2004-03-10 ·via Abuse Of Discretion Standard For Attorney'S Fees
• Karimi v. Karimi
  867 So. 2d 471· Fla. 5th DCA· 2004-02-13
  This appeal addresses the dissolution of a 23-year marriage and involves disputes over child support calculations, equitable distribution of marital property, and custody arrangements for three minor children. The appellate court found insufficient findings regarding the child su
• Marla R. Eskin
  Del.· 2004-02-13
  The Delaware Supreme Court affirmed the trial court's decision to exclude biomechanical expert testimony, holding that such testimony must be reliable, relevant, and trustworthy, and must bridge the gap between general forces and specific individual injuries, considering the plai
• Groeger v. Hans-Juergen Groeger
  864 So. 2d 1273· Fla. 5th DCA· 2004-02-06
  The court held that the trial court did not abuse its discretion in refusing to order further marital counseling before dissolving the marriage.
• Sawyer v. State
  863 So. 2d 1285· Fla. 4th DCA· 2004-01-28
• Mitchell v. State
  862 So. 2d 908· Fla. 4th DCA· 2003-12-24
  Calvin Mitchell was convicted of trespass and battery following an incident at a neighbor's home. The appellate court reversed his conviction due to two significant trial errors: the trial judge's improper denial of cause challenges to biased jurors and the improper restriction o
• Collier v. State
  864 So. 2d 63· Fla. 1st DCA· 2003-12-18
  Florida appellate court affirmed conviction, holding that jury instruction on escape adequately conveyed the intent element despite deviation from standard form, and that trial court did not abuse discretion in denying challenges for cause.
• Jevon Ferguson v. State
  860 So. 2d 516· Fla. 4th DCA· 2003-12-03
  Jevon Ferguson appealed the trial court's denial of his motion to withdraw his guilty plea to cocaine trafficking and cannabis possession charges, and his motion to correct sentencing error. The Fourth District Court of Appeal affirmed both denials, finding no abuse of discretion
• Moore v. Moore
  858 So. 2d 1168· Fla. 2d DCA· 2003-11-07
  In this divorce case, Jerry Glynn Moore appeals a final judgment awarding his ex-wife $750 per month permanent alimony. The trial court based its award on the wife's present medical condition (Crohn's disease) and financial circumstances, and Moore argues the court improperly con
• Doga Corp. v. Federico Sarria and Maria Del Carmen Sarria
  858 So. 2d 1132· Fla. 3d DCA· 2003-11-05
  The court held that the trial court did not abuse its discretion in vacating a default judgment against Doga Corporation and that disputed issues of material fact precluded summary judgment on claims concerning future advances.
• Keithly v. Vance
  854 So. 2d 854· Fla. 2d DCA· 2003-09-26
  A guardian must obtain copies of the backs of canceled checks for all expenditures at her own expense, as a photocopy of the front is insufficient.
• Purnell
  Del.· 2003-09-16
  The Superior Court erred in denying the defendant's motion to suppress evidence seized during a second, non-consensual search following a lawful Terry stop. The second search was conducted not for officer safety, but to gather evidence, rendering it an unlawful search and seizure
• Royal Belge v. NEW Miami Wholesale, Inc.
  858 So. 2d 336· Fla. 3d DCA· 2003-09-10
  The court held that statutory attorney's fees cannot be included in the 'sum recovered' when calculating a contingency fee based on a percentage of the recovery.
• Sal Amato and Clara Amato v. Intindola
  854 So. 2d 812· Fla. 4th DCA· 2003-09-10
  In a personal injury action, the trial court dismissed appellant's complaint based on surveillance videotapes showing him performing activities he testified he could not perform, concluding he perpetrated fraud on the court. The appellate court reversed, holding that dismissal wi
• Cline v. State
  855 So. 2d 657· Fla. 1st DCA· 2003-08-29
  Florida appellate court affirmed probation revocation, rejecting appellant's challenges to the trial court's finding of a probation violation and sufficiency of evidence.
• State v. Ramirez
  850 So. 2d 620· Fla. 2d DCA· 2003-07-23
  A trial court abuses its discretion by taking judicial notice of testimony from a prior motion to suppress hearing in a subsequent trial following appellate reversal, when the prior testimony was not properly stipulated to and the issues in the two proceedings differ.
• Galvez v. Merelo
  849 So. 2d 1158· Fla. 1st DCA· 2003-07-21
  A Florida appellate court reversed a jury verdict in a personal injury case, finding that the trial court abused its discretion by allowing a Georgia state trooper to testify regarding his opinion on the cause of an accident despite earlier ruling he could not testify as an exper
• Glasier v. State
  849 So. 2d 444· Fla. 2d DCA· 2003-07-16
  Cheryl Glasier appealed the revocation of her probation, challenging the sufficiency of evidence supporting the violation findings. The court affirmed the revocation based on violations of alcohol consumption and refusal to submit to testing, but found insufficient evidence for v
• Pressley v. State
  848 So. 2d 1257· Fla. 4th DCA· 2003-07-09
• Fertilien v. State
  848 So. 2d 450· Fla. 4th DCA· 2003-07-02
  Fertilien was convicted of trafficking in cocaine, resisting arrest, and bribery. A verdict form defect omitted the word "guilty" for count I, but the jury had clearly marked the guilty space. The trial court corrected the error in open court by having jurors confirm their guilty
• 9863 W. Atl. Ave., Inc. v. State of Fla. Dep't OF Transp.
  851 So. 2d 191· Fla. 4th DCA· 2003-06-11
  The court held that business damages are not recoverable when no business activity is conducted on the remainder property, even if essential facilities like a well are located there.