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

• Amerada Hess Corp. v. State
  788 So. 2d 276· Fla. 4th DCA· 2000-11-01
  The court affirmed the award of statutory attorney's fees and the denial of the motion to strike the settlement offer, finding the trial court did not abuse its discretion.
• In re Est. OF Ralph B. Hathaway v. Hathaway
  768 So. 2d 525· Fla. 4th DCA· 2000-09-20
  Attorney Kathleen Collins filed a motion for attorney's fees in a probate case based on an offer of judgment that she believed was timely under Florida Rule of Civil Procedure 1.442(b). The trial court denied the fee motion and sanctioned Collins personally for filing a frivolous
• Strahley v. State
  769 So. 2d 1083· Fla. 2d DCA· 2000-09-20
  Strahley appealed a sentencing determination imposing victim injury points based on a finding that his aggravated battery victim suffered severe injuries. The appellate court affirmed, holding that the trial court did not abuse its discretion in finding severe injuries where the
• Ziajka v. Knight
  767 So. 2d 572· Fla. 5th DCA· 2000-09-08
• Bell Sports, Inc.
  Del.· 2000-09-07
  The Delaware Supreme Court affirmed the Superior Court's judgment, holding that the trial court did not abuse its discretion in admitting the expert testimony of the plaintiff's witnesses, nor in submitting the issues of breach of warranty to the jury. The court also found that t
• Peralta v. Peralta
  765 So. 2d 894· Fla. 4th DCA· 2000-08-23
  Trial courts have broad discretion in fashioning temporary support awards, and the husband's ability to pay from assets, despite income limitations, supports the order.
• Nigel Anthony Williams v. State
  763 So. 2d 1281· Fla. 3d DCA· 2000-08-23
• Delcina Autustin v. Dade Cnty. Sch. Bd.
  766 So. 2d 406· Fla. 3d DCA· 2000-08-16
  Affirmed dismissal where appellant failed to appear for trial and provide transcript on appeal, as the trial court's discretionary decisions are presumed correct absent evidence of abuse.
• Iaroslav Matlaga v. State
  764 So. 2d 922· Fla. 4th DCA· 2000-08-16 ·via Abuse Of Discretion In Denying Continuance
  Affirmed convictions for attempted second-degree murder based on competent evidence of legal sanity, but reversed and remanded on sentencing because the trial court abused its discretion in denying a continuance to obtain medical records from Ukraine.
• W. Coast-Southern Med. Serv., Inc. v. Sarasota Cnty. Gov't Emergency Servs. Fire Dep't
  766 So. 2d 395· Fla. 2d DCA· 2000-08-11 ·via Abuse Of Discretion Standard For Denying Leave To Amend
  West Coast-Southern Medical Service appealed the dismissal of its petition challenging a contract award by the Sarasota County Public Hospital Board to the Fire Department for critical care ambulance services. The court reversed, holding that the trial court abused its discretion
• Sokol v. Sokol
  763 So. 2d 568· Fla. 3d DCA· 2000-08-09
• Mullin v. Dzikowski
  257 B.R. 356· S.D. Fla.· 2000-08-08
  The court affirmed the bankruptcy court's findings of fact, breach of fiduciary duty, and conversion claims, but reversed and remanded the alter ego claim due to lack of findings on domination and control and the trustee's lack of standing.
• Wise v. State
  761 So. 2d 1239· Fla. 2d DCA· 2000-07-12
  The court held that the trial court did not abuse its discretion in classifying victim injuries as severe, but a remand is necessary because the 1995 sentencing guidelines are unconstitutional.
• Cuiksa v. Cuiksa
  777 So. 2d 419· Fla. 1st DCA· 2000-07-12
  Jennifer Cuikska appealed a trial court's denial of her petition for an injunction for protection against domestic violence. The appellate court affirmed the denial, holding that the allegations did not demonstrate an immediate and present danger of domestic violence as required
• S. Fla. Blood Bank, Inc. v. Futch
  764 So. 2d 724· Fla. 4th DCA· 2000-06-28
  The court held that the plaintiff's failure to exhaust administrative remedies under the health plan rendered her suit premature, and the trial court abused its discretion by not dismissing the case.
• Kimberlin Freetly v. Mascolo
  757 So. 2d 1286· Fla. 4th DCA· 2000-05-31
  The court held that the trial court did not abuse its discretion in awarding primary residential custody to the father and in balancing retroactive child support claims.
• Bennetta Slaughter v. Est. OF Lisa McPHERSON
  779 So. 2d 374· Fla. 2d DCA· 2000-05-19
  The court held that the trial court abused its discretion by denying the motion to intervene as untimely.
• Tilebein v. State
  775 So. 2d 316· Fla. 2d DCA· 2000-05-12
  Court affirmed revocation of probation where defendant failed to report and drove without a valid license, constituting a second-degree misdemeanor, though remanded for written order specifying violated conditions.
• Faircloth v. Faircloth
  756 So. 2d 1120· Fla. 1st DCA· 2000-05-10
  The court affirmed the trial court's temporary spousal support award but reversed and remanded the child support award because the general master incorrectly calculated support for one child instead of two.
• Hurley Lee Brown v. State
  756 So. 2d 230· Fla. 3d DCA· 2000-04-26
  The court affirmed the convictions but reversed the sentences, finding the Gort Career Criminal Act unconstitutional due to a single-subject rule violation.
• Mechele REY v. REY
  755 So. 2d 181· Fla. 3d DCA· 2000-04-12
  The court affirmed the final judgment but dissented on reserving jurisdiction for alimony modification.
• Knight v. State
  756 So. 2d 1035· Fla. 4th DCA· 2000-03-29 ·via Abuse Of Discretion Standard For Evidentiary Rulings
  John Knight was convicted of DUI manslaughter and leaving the scene of an accident, but the Florida District Court of Appeal reversed and remanded for a new trial because the trial court improperly admitted evidence of his prior DUI conviction. The court found that Knight's hones
• Mayer v. KEY Club Assocs.
  752 So. 2d 1282· Fla. 2d DCA· 2000-03-17
• Friends OF Nassau Cnty., Inc. v. Nassau Cnty.
  752 So. 2d 42· Fla. 1st DCA· 2000-02-02
  Friends of Nassau County, Inc. and its officers appealed sanctions imposed by an administrative law judge for filing environmental permit opposition petitions. The court reversed sanctions against the lawyers who drafted the petitions, finding they had objectively reasonable lega
• Bernstein v. Workers' Comp. Med. Ctrs., Inc.
  755 So. 2d 141· Fla. 4th DCA· 2000-01-26
• Kaminski v. Kaminski
  751 So. 2d 71· Fla. 2d DCA· 1999-12-08
  In this family law appeal, the Former Husband challenges the trial court's delay in issuing a final dissolution judgment and its award of primary residential custody to the Former Wife. The appellate court affirms the custody determination but remands to strike three unsupported
• Calderon v. State
  745 So. 2d 535· Fla. 3d DCA· 1999-12-08
  Pedro Calderon and Pedro Verdura appealed their convictions, challenging the trial court's denial of their motions to sever their joint trial. The court affirmed the convictions but vacated Calderon's violent career criminal sentence because the trial court mistakenly believed th
• Bonds v. Danna Lamoreaux
  744 So. 2d 1248· Fla. 5th DCA· 1999-11-19
• Seabrooks v. Winn Dixie Stores, Inc.
  745 So. 2d 1039· Fla. 1st DCA· 1999-10-25
  The court reversed in part and remanded a trial court's order denying expert witness costs, holding that reasonable expert witness fees for trial testimony and preparation time must be taxed as costs under Florida law.
• Bryant v. State
  744 So. 2d 1128· Fla. 5th DCA· 1999-10-22
  Timothy Bryant was convicted of carjacking and first-degree murder. On appeal, he challenged the trial court's evidentiary rulings regarding expert testimony about a witness's drug and alcohol use, denial of late expert examination, and admission of a prejudicial hearsay statemen
• Munguia v. State
  743 So. 2d 154· Fla. 3d DCA· 1999-10-20
  The trial court did not abuse its discretion in finding the child victim competent to testify based on an extensive questioning and psychological report, and an upward departure sentence based on the repugnant manner of the crime and the defendant's foreknowledge of prior similar
• Aldona Lynn Reid and Jerry Reid v. Med. & Prof'l Mgmt. Consultants, Inc.
  744 So. 2d 1116· Fla. 1st DCA· 1999-10-12
  The appellate court affirmed the trial court's denial of a new trial, finding the jury's verdict of no damages was not contrary to the manifest weight of the evidence.
• State v. Rory Enrique Conde
  743 So. 2d 78· Fla. 3d DCA· 1999-09-02
  The trial court abused its discretion by granting the defendant's motion to consolidate six murder charges that had been previously and properly severed.
• M.J. Stavola Farms, Inc. v. Dep't of Transp.
  742 So. 2d 391· Fla. 5th DCA· 1999-08-27
  In this eminent domain case, the Florida Department of Transportation condemned 40.8 acres containing a limerock mine. The Fifth District Court of Appeal addressed the valuation of land damages to the fee owner and business damages to the lessee, ultimately affirming the jury's l
• Cherryl Gaschler v. State
  740 So. 2d 1232· Fla. 4th DCA· 1999-08-25
  Cherryl Gaschler appealed her convictions for trafficking in hydrocodone and oxycodone and possession of cannabis, challenging the trial court's denial of mistrial motions and the sufficiency of evidence. The Fourth District Court of Appeal affirmed all convictions while certifyi
• Matthews v. Matthews
  738 So. 2d 476· Fla. 1st DCA· 1999-07-29
  The court affirmed the trial court's alimony award amount and duration but modified it to be rehabilitative rather than permanent, and found the attorney's fees issue not ripe for review.
• Rushton Skakel, Sr. v. State
  738 So. 2d 468· Fla. 4th DCA· 1999-07-28
  Rushton Skakel, Sr. appeals a Florida court order compelling him to testify before a Connecticut grand jury investigating the 1975 homicide of Martha Moxley. The Fourth District Court of Appeal affirms the order, finding sufficient evidence that Skakel's testimony is material and
• Gtech Corp. v. State of Fla. Dep't OF the Lottery & Automated Wagering Int'l, Inc
  737 So. 2d 615· Fla. 1st DCA· 1999-07-22
  GTECH Corporation challenged the Florida Department of the Lottery's decision to refer contract proposals back to the same evaluation committee for rescoring after a bid protest hearing. The court affirmed the Department's award to Automated Wagering International, holding that r
• Walton v. Jamko
  240 B.R. 645· S.D. Fla.· 1999-07-21
  The court held that under the amended 28 U.S.C. § 1930(a)(6), post-confirmation quarterly fees for Chapter 11 debtors must be calculated based on all disbursements, not just those made pursuant to the confirmed plan.
• Furlong v. Raimi
  735 So. 2d 583· Fla. 3d DCA· 1999-06-23
  The court held that Estelle G. Furlong is personally liable for the appellees' appellate costs, as she did not qualify for the statutory protection afforded to personal representatives or proponents of a will. The court affirmed the cost judgment.
• Hirth v. Hirth
  737 So. 2d 564· Fla. 3d DCA· 1999-06-09
• Kelly v. State
  733 So. 2d 570· Fla. 2d DCA· 1999-05-05
  Michael Kelly appeals a restitution order imposed as a condition of probation. The appellate court affirmed the trial court's jurisdiction to impose restitution but reversed because the trial court abused its discretion by unreasonably limiting Kelly's counsel's cross-examination
• State v. Consiglio
  730 So. 2d 383· Fla. 4th DCA· 1999-03-31
  The court held that the trial court did not abuse its discretion in granting a new trial due to prejudicial statements made by an investigating officer.
• In re the Guardianship OF Albert A. Lindquist v. Freberg
  752 So. 2d 1· Fla. 2d DCA· 1999-03-26
• Saxon Fin. Grp., Inc. v. Goodman
  728 So. 2d 365· Fla. 4th DCA· 1999-03-24
• Ellis v. State
  731 So. 2d 727· Fla. 2d DCA· 1999-03-24
  The court held that the trial court did not abuse its discretion in denying the motion for continuance and that the defendant had notice of the State's intent to seek a habitual sentence.
• Parrish v. Treasure Coast Pool Serv., Inc.
  728 So. 2d 353· Fla. 4th DCA· 1999-03-17
• Autoxcellence v. C & A Muffler, Inc.
  731 So. 2d 721· Fla. 3d DCA· 1999-03-10
• Mariner Health Care OF Nashville, Inc. v. Janelle Baker
  739 So. 2d 608· Fla. 1st DCA· 1999-03-10
  The court held that a trial court has discretion to set conditions for a stay pending appellate review, and it acted within its discretion by denying a stay when the party refused to meet reasonable conditions.
• Saunders v. United States (In Re Saunders)
  240 B.R. 636· S.D. Fla.· 1999-02-25
  The court held that the time period for tax dischargeability is tolled during bankruptcy proceedings, the 1991 federal tax lien was invalid due to improper filing location, and the 1994 federal tax lien filing did not violate the automatic stay. The case is remanded for determina