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

• Alvarez v. Merriam-Callahan Ins. Agency, Inc.
  843 So. 2d 1022· Fla. 1st DCA· 2003-05-06
• Walton
  Del.· 2003-04-25 ·via Abuse Of Discretion Standard For Evidentiary Rulings
  The Court held that the evidence presented was insufficient to prove beyond a reasonable doubt that the defendant "displayed what appears to be a deadly weapon" for the purposes of a first-degree robbery conviction. The Court also affirmed the trial court's exclusion of a hearsay
• Thelemaque Coleus v. Fla. Comm'n ON Human Relations
  842 So. 2d 1021· Fla. 5th DCA· 2003-04-17
  The court held that the denial of a motion for continuance to obtain counsel was not an abuse of discretion and did not violate due process.
• King-Coleman v. Geathers
  841 So. 2d 593· Fla. 4th DCA· 2003-04-02
  A represented party's failure to attend trial due to lack of personal notice is not excusable neglect under Rule 1.540(b) when notice was properly given to her attorney and her ignorance of the trial date resulted from her own failure to keep counsel informed of her address.
• Intrinsic Values Corp. v. Superintendencia Deadministracion Tributaria
  840 So. 2d 448· Fla. 3d DCA· 2003-03-26
  The court held that the chancellor did not abuse discretion in denying a request to increase a bond, as the letters of credit were properly dishonored for non-conforming presentments.
• Richard Fisher, M.D. v. Smithson
  839 So. 2d 788· Fla. 4th DCA· 2003-02-19
  In a medical malpractice case, the trial court granted a new trial after a jury verdict favoring the defendant physician, concluding the verdict was contrary to the weight of the evidence. The appellate court affirmed, holding that the trial judge did not abuse her discretion in
• State Farm Fire & Cas. Co. v. Sosnowski
  836 So. 2d 1099· Fla. 5th DCA· 2003-02-07
  State Farm appealed a trial court's denial of its motion to transfer venue on forum non conveniens grounds in a dispute with a Georgia resident over uninsured motorist insurance benefits. The court reversed, finding the trial court abused its discretion by refusing to transfer th
• State v. Reginaldo Marques
  842 So. 2d 880· Fla. 4th DCA· 2003-02-05
  The court denied the state's petition for certiorari review.
• Simpson v. State
  835 So. 2d 394· Fla. 2d DCA· 2003-01-31
  Michael Simpson was convicted of possession of cocaine and carrying a concealed weapon after police detained him near an abandoned house, searched his truck, and found contraband. The appellate court reversed, holding that the officer lacked reasonable suspicion to detain Simpson
• Glendell Russ v. State
  832 So. 2d 901· Fla. 1st DCA· 2002-12-19
  Glendell Russ, a former city commissioner, was convicted of election code violations involving absentee ballots in a 1999 Quincy city commission race. The appellate court reversed his convictions and remanded for a new trial because the trial court reversibly erred by overruling
• Milson v. State
  832 So. 2d 897· Fla. 3d DCA· 2002-12-18
• Lacey v. State
  831 So. 2d 1267· Fla. 4th DCA· 2002-12-18
  Donna Lacey appealed her probation revocation and five-year prison sentence. The Fourth District Court of Appeal affirmed the finding of probation violation but reversed the sentencing on grounds that the trial court erroneously felt obligated to impose the original suspended sen
• Pendleton v. Witcoski
  836 So. 2d 1025· Fla. 1st DCA· 2002-11-25
  The court held that a zoning change, unknown to the parties at the time of contracting, did not constitute a mutual mistake of fact that would warrant rescission of the contract because it did not relate to a basic assumption on which the contract was made and the sellers failed
• Miles v. State
  826 So. 2d 492· Fla. 3d DCA· 2002-09-25
  Roger Miles was convicted of capital sexual battery and tampering with a witness, but the Florida appellate court reversed and remanded for a new trial because the trial court improperly denied defense counsel's motion to strike a prospective juror for cause. The juror's work exp
• Stires v. State
  824 So. 2d 943· Fla. 5th DCA· 2002-07-26
  Stires appeals convictions for two counts of DUI manslaughter and one count of DUI with bodily injury after a fatal vehicular collision. The court affirmed, holding that although the prosecutor improperly shifted the burden of proof during closing argument by stating the jury had
• Daniel and Gail Butterworth v. John M. Assi, M.D.
  824 So. 2d 224· Fla. 1st DCA· 2002-07-19
• Wilson v. State
  820 So. 2d 1081· Fla. 4th DCA· 2002-07-17
  Albert Wilson was convicted of selling a controlled substance and cocaine possession. He appealed the trial court's denial of his motion for continuance to retain private counsel, arguing it violated his Sixth Amendment right to counsel of choice. The court affirmed, finding no a
• Discovery Experimental & Dev., Inc. v. Dep't OF Health
  824 So. 2d 195· Fla. 2d DCA· 2002-06-14
  The Florida District Court of Appeal affirmed in part and reversed in part an attorney's fees award to the Department of Health in an enforcement action against the illegal manufacture and sale of a non-FDA approved drug. The court upheld the trial court's determination that DOH
• Skoller v. LAW Off. OF Donald N. Jacobson, P.A.
  818 So. 2d 661· Fla. 4th DCA· 2002-06-12
  In this appeal, the Fourth District Court of Appeal affirmed the trial court's denial of a motion for continuance filed by an unrepresented defendant who sought to postpone trial due to her husband's stroke and need for surgery. The court held that the trial judge did not abuse i
• Domingo Cerra v. Cerra
  820 So. 2d 398· Fla. 5th DCA· 2002-05-31
  Domingo Cerra appeals a dissolution of marriage judgment awarding his ex-wife Margarita permanent alimony of $3,000 per month. Domingo challenges the award on grounds that the trial court should have imputed higher income to Margarita based on her purported earning capacity and t
• Amorello v. Gilbert Tauck as Colorado Domiciliary Personal Representative of the Estate of Otto Tauck
  817 So. 2d 880· Fla. 4th DCA· 2002-05-01
  The court held that the trial court abused its discretion in dismissing the action for failure to prosecute because there was sufficient record activity within the preceding year.
• CYR v. CYR
  815 So. 2d 731· Fla. 5th DCA· 2002-04-26
• Margherita Downey v. Downey
  814 So. 2d 514· Fla. 4th DCA· 2002-04-24
  The appellate court affirmed the trial court's order denying the former wife attorney's fees, finding no abuse of discretion.
• Zeigler v. State
  813 So. 2d 286· Fla. 1st DCA· 2002-04-16
• Jean-Henriquez Librun v. J.C. Griffis
  808 So. 2d 288· Fla. 1st DCA· 2002-03-06
  A trial court does not abuse its discretion in dismissing a civil rights suit for failure to prosecute where the plaintiff took no action for one year preceding notice of dismissal, but dismissal must be without prejudice rather than with prejudice.
• THE Heat Express, Inc. v. Henry
  807 So. 2d 159· Fla. 3d DCA· 2002-02-13
  The trial court did not abuse its discretion in granting a new trial on damages because the jury's zero award for future non-economic damages was against the manifest weight of the evidence.
• Ishmael v. State
  803 So. 2d 910· Fla. 1st DCA· 2002-01-15
  Larry Ishmael appealed his conviction for three counts of armed robbery, challenging the trial court's denial of his motion to suppress evidence, its decision to allow the prosecution to reopen its case, and its management of closing argument. The appellate court affirmed the con
• CFI Sales & Mktg., Ltd. v. Hotel Mgmt. Servs., Inc.
  801 So. 2d 1026· Fla. 5th DCA· 2001-12-21
• Reyes v. Burgess
  801 So. 2d 1014· Fla. 2d DCA· 2001-12-19
• Long v. Swofford
  805 So. 2d 882· Fla. 3d DCA· 2001-10-03
  Susan Long appeals the dismissal of her negligence action arising from a motor vehicle accident. The trial court dismissed her case with prejudice based on fraud after discovering she had concealed a pre-existing back injury during discovery and deposition testimony.
• McLAUCHLAN v. Gabija McLAUCHLAN
  795 So. 2d 247· Fla. 5th DCA· 2001-09-28
  Rodney McLauchlan appeals the trial court's denial of his injunction to prevent his ex-wife Gabija from relocating with their three children from Florida to Colorado. The appellate court affirmed, holding that under Florida Statute § 61.13(2)(d), the relocation was in the childre
• Strader v. Michael Zeide, M.D.
  796 So. 2d 591· Fla. 4th DCA· 2001-09-12
  William Strader appeals the dismissal with prejudice of his medical malpractice complaint as sanctions imposed by the trial court. The appellate court reversed, finding the trial court abused its discretion by denying a continuance to allow Strader to obtain new counsel and by pr
• Vangoey v. State
  793 So. 2d 1119· Fla. 5th DCA· 2001-09-07
  Mark Vangoey appeals his conviction for sexual battery and lewd assault on his five-year-old son. Although the trial court erred in allowing a reference to Vangoey's prior arrest to be played to the jury despite the prosecutor's assurances it would be redacted, the appellate cour
• Thomas J. Kelly, M.D. & Thomas J. Kelly, M.D., P.A. v. Cmty. Hosp. OF THE Palm Beaches, Inc.
  799 So. 2d 255· Fla. 3d DCA· 2001-08-15 ·via Abuse Of Discretion Standard On Appeal
• Ugo Colombo v. Puig
  793 So. 2d 1080· Fla. 3d DCA· 2001-08-08
• United States v. Lewis
  156 F. Supp. 2d 1280· M.D. Fla.· 2001-08-07
  The court held that the movant's claims of ineffective assistance of counsel lacked merit, as his arguments regarding the Speedy Trial Act, search warrants, forfeiture, and disclosure of a confidential informant were either procedurally barred, unsupported by law, or demonstrably
• Alaqua Lakes Realty, Inc. v. Burch
  790 So. 2d 604· Fla. 5th DCA· 2001-08-03
  Alaqua Lakes Realty fired sales representative Jerry Burch after he sold his own lot in the development to prospects he had registered. When Burch sued for breach of contract claiming unpaid commissions, the jury found no breach by Burch but awarded him only $12,983.41—far less t
• RAY v. Int'l Transit, Inc.
  788 So. 2d 343· Fla. 1st DCA· 2001-06-05
  The trial court abused its discretion by granting a new trial based on a legal conclusion that the jury was required to allocate fault to a nonparty defendant, rather than a factual determination.
• Faye Eubanks Daugharty v. Daugharty
  790 So. 2d 1113· Fla. 1st DCA· 2001-05-29
  The court held that the trial court did not abuse its discretion in denying the petition for modification of alimony or in awarding attorney's fees.
• Cadeau Leblanc v. State
  784 So. 2d 552· Fla. 4th DCA· 2001-05-09
  The court held that the trial court did not abuse its discretion in denying the motion to withdraw a guilty plea.
• The Univ. OF Miami, Inc. v. Spunberg
  784 So. 2d 541· Fla. 4th DCA· 2001-05-09 ·via Abuse Of Discretion Standard For Evidentiary Rulings
  The Florida Fourth District Court of Appeal reversed a jury verdict awarding over $22 million in damages to two physicians whose medical staff privileges were terminated by a hospital and university, finding that the trial court abused its discretion by excluding evidence that wo
• Fields v. Fields
  782 So. 2d 530· Fla. 1st DCA· 2001-04-17
  Former Wife appealed a trial court's dissolution of marriage and refusal to transfer jurisdiction to Washington State. The appellate court affirmed the dissolution but reversed the jurisdictional ruling, holding that the trial court abused its discretion by refusing to transfer t
• Fla. Dep't OF Child. & Fam. Servs. v. D.H.
  781 So. 2d 511· Fla. 1st DCA· 2001-04-05
  The Florida Department of Children and Family Services appealed an administrative law judge's award of attorney fees and costs against it as a sanction for pursuing a frivolous action. The court affirmed the fee award and reversed the Department's attempt to review and reverse th
• Roselli v. Roselli
  780 So. 2d 284· Fla. 4th DCA· 2001-03-07
• Weedon
  Del. Super. Ct.· 2001-03-06
  The court denied the defendant's motion for a new trial based on recantation, finding that the recanting witnesses were not credible and that the original trial testimony was likely truthful. The court also found no prosecutorial misconduct or ineffective assistance of counsel.
• Shafer v. Shafer
  777 So. 2d 1090· Fla. 2d DCA· 2001-01-17
  Nancy Shafer appealed the denial of her petition to increase permanent periodic alimony, claiming increased personal needs and her ex-husband's substantial income increase. The trial court denied the modification, finding no material change in her needs and that increased income
• Mobley v. Mobley
  778 So. 2d 343· Fla. 1st DCA· 2000-12-29
  In this Florida dissolution of marriage case, the appellate court reversed the trial court's award of rehabilitative alimony due to lack of evidence of a rehabilitation plan, and remanded for reconsideration of permanent alimony amounts and related child support issues. The court
• Sierra v. Dayami Sierra
  776 So. 2d 966· Fla. 3d DCA· 2000-12-27
  Former husband David Sierra appeals a dissolution of marriage judgment awarding his ex-wife rehabilitative alimony and imposing a child abuse reporting requirement. The Third District Court of Appeal reversed both awards, finding the alimony unjustified because the marriage did n
• Dotson Woods v. Est. OF Jeremy C. Woods
  770 So. 2d 1270· Fla. 3d DCA· 2000-11-15
  Florida appellate court affirmed trial court's allocation of wrongful death settlement proceeds entirely to the mother of a minor decedent, finding no abuse of discretion where the father had minimal contact and provided no support.
• Totta v. State
  770 So. 2d 742· Fla. 4th DCA· 2000-11-08
  Joseph Totta appealed a conviction for attempted escape from county jail, claiming newly discovered evidence in the form of testimony from a co-defendant that Totta was innocent. The appellate court previously reversed and remanded for reconsideration, but now affirms the trial c