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

• Gombert v. Gombert
  727 So. 2d 355· Fla. 1st DCA· 1999-02-24
  In a dissolution of marriage case, the trial court sealed a psychological custody evaluation report and prohibited the parties from accessing it. The appellate court reversed, holding that Rule 2.051 does not restrict access by the parties themselves (only public access), and tha
• Wayjohn, Inc. v. Abejon
  724 So. 2d 1259· Fla. 4th DCA· 1999-01-27 ·via Gross Abuse Of Discretion
  Wayjohn, Inc. (Kentucky Fried Chicken) appealed the denial of its motion to set aside a default judgment entered after it failed to respond to a negligence suit arising from a bone in a chicken sandwich. The court affirmed the trial court's denial, finding no gross abuse of discr
• Nova Burns Bright v. Esau Bright, Jr.
  721 So. 2d 1215· Fla. 1st DCA· 1998-12-17
  In a dissolution of marriage appeal, the former wife challenges the trial court's award of permanent periodic alimony and attorney fees to her 67-year-old legally blind husband, and disputes the distribution of marital assets. The appellate court affirmed the alimony and attorney
• Nalls v. Inez Millender
  721 So. 2d 426· Fla. 4th DCA· 1998-12-02
  A trust beneficiary appealed a trial court's denial of attorney's fees after obtaining only a modest reimbursement to the trust for inappropriate trustee expenditures. The appellate court affirmed, holding that the beneficiary was not a prevailing party and that even under the di
• Daymond Nolte v. State
  726 So. 2d 307· Fla. 2d DCA· 1998-12-02
  Daymond Nolte appeals his 124.5-month minimum guidelines sentence for DUI manslaughter and the denial of his motion to correct an illegal sentence. Although the trial court erred in applying victim death points under superseded precedent, the appellate court affirms under the pip
• Fla. Constr. v. Nat'l Union Fire Ins. Co. OF Pittsburgh Pa.
  722 So. 2d 847· Fla. 2d DCA· 1998-11-06
  The court affirmed the trial court's order vacating a summary judgment in favor of National Union Fire Insurance based on newly discovered evidence under Florida Rule of Civil Procedure 1.540(b), rendering the underlying appeal moot.
• Cappetta v. Fields
  718 So. 2d 374· Fla. 3d DCA· 1998-10-07
  The court held that the lower court had authority to enter non-final orders despite the absence of a reentered final custody judgment and that the mother failed to demonstrate an abuse of discretion.
• Cal. Dep't of Health Servs. v. Bicoastal Corp. (In Re Bicoastal Corp.)
  242 B.R. 43· M.D. Fla.· 1998-09-30
  The court held that publication notice was sufficient for a contingent, unliquidated claim and that the appellant's delay in filing did not constitute excusable neglect, thus affirming the bankruptcy court's denial of a late claim filing.
• Cunningham v. State
  718 So. 2d 332· Fla. 5th DCA· 1998-09-18
• Toro v. State
  712 So. 2d 423· Fla. 4th DCA· 1998-05-27
  William Toro was convicted of bigamy for marrying Cherice while still married to Diana. On appeal, Toro challenged the admission of evidence regarding his marriage to Debra (another spouse married while married to Diana) and the trial court's treatment of statutory exceptions to
• Weller v. Weller
  709 So. 2d 646· Fla. 5th DCA· 1998-05-01
  Permanent periodic alimony awarded to a healthy, self-supporting 46-year-old wife upon dissolution of a nine-year childless marriage constitutes an abuse of discretion absent extraordinary contributions to the marriage.
• West v. West
  710 So. 2d 194· Fla. 4th DCA· 1998-04-29
  The Fourth District affirmed the trial court's award of partial attorney's fees to the former wife in a dissolution proceeding, holding that the court did not abuse its discretion in determining reasonable fees based on the case's simplicity and the parties' modest means.
• Hanna v. Schmidt
  707 So. 2d 966· Fla. 4th DCA· 1998-04-08
  The court held that the trial court did not abuse its discretion in denying the petition for primary residential parent and increasing child support, but erred in reducing visitation and enforcing an oral mediation agreement.
• Svein Steinmoen v. Dep't OF Revenue
  708 So. 2d 320· Fla. 3d DCA· 1998-03-18
  In this paternity action, the Florida Third District Court of Appeal affirmed a trial court's order awarding current and retroactive child support to the mother against the father. The court rejected the father's arguments that the trial court lacked jurisdiction (precluded by re
• Amerivend Corp. v. W. Dade Ltd.
  706 So. 2d 67· Fla. 3d DCA· 1998-02-11
  Amerivend appeals an award of $38,620 in attorney's fees to West Dade following a judgment on the pleadings in a lease dispute. The court reverses, finding the fee award excessive because it was based on expert testimony reviewing the entire case rather than isolating fees attrib
• Dunn v. SEA World OF Fla., Inc.
  702 So. 2d 311· Fla. 5th DCA· 1997-12-19
• Davis v. State
  704 So. 2d 681· Fla. 1st DCA· 1997-12-18 ·via Abuse Of Discretion Standard For Continuance
  Jerome Davis appealed the revocation of his community control, challenging the trial court's findings of willful violations, denial of a continuance for mental health evaluation, the form of the revocation order, and jail time credit calculation. The appellate court affirmed the
• Allstate Ins. Co. v. Hinchey
  701 So. 2d 1263· Fla. 3d DCA· 1997-12-10
  Allstate Insurance appeals a new trial order granted after a witness mentioned excluded evidence of the plaintiff's alcohol consumption. The court reverses, finding the plaintiff invited the error by opening the door to the testimony, failed to object, and rejected a curative ins
• Martin v. State
  700 So. 2d 809· Fla. 4th DCA· 1997-11-05
• Moise v. State
  700 So. 2d 438· Fla. 4th DCA· 1997-10-08
  Christopher Moise was convicted of sexual battery on a child and appealed. The court reversed and remanded for a new trial because Moise was not involved in jury selection as required by Coney v. State, and rejected his argument that the trial court erred in denying his request f
• Kerle v. Angeles Kerle
  700 So. 2d 127· Fla. 1st DCA· 1997-10-08
• Erace v. Erace
  693 So. 2d 68· Fla. 3d DCA· 1997-04-16
  The trial court abused its discretion by denying the appellant's motion to amend and join parties, and summary judgment for the appellees was improperly granted.
• Winn Dixie Stores, Inc. v. Harris
  689 So. 2d 451· Fla. 4th DCA· 1997-03-19 ·via Reasonableness Test For Abuse Of Discretion
• Mease Hosp., Inc. v. Lawrence
  687 So. 2d 883· Fla. 2d DCA· 1997-01-24
  The court held that the trial court did not abuse its discretion in compelling responses to most discovery requests, but did err in compelling a response to one improperly phrased request.
• Owens v. Owens
  685 So. 2d 1038· Fla. 4th DCA· 1997-01-15 ·via Abuse Of Discretion Standard On Appeal
  In this consolidated divorce appeal, the Fourth District Court of Appeal affirmed the trial court's appointment of a guardian ad litem and its award of primary residential custody to the mother, but reversed the disproportionate distribution of marital assets (60%-40% in wife's f
• Carter Pohlman v. Barry
  683 So. 2d 1172· Fla. 4th DCA· 1996-12-18
  Pohlman appeals the trial court's dismissal with prejudice of his breach of contract and fraud complaint arising from an airplane purchase. The appellate court reversed, holding that the trial court abused its discretion by dismissing the case without adequately considering the K
• Alloggia v. Paradise Rentals # 1, Inc.
  683 So. 2d 1174· Fla. 4th DCA· 1996-12-18
  The court held that the trial court did not abuse its discretion in granting a motion for change of venue based on inconvenient forum.
• Mundy v. State
  687 So. 2d 1314· Fla. 1st DCA· 1996-12-17 ·via Abuse Of Discretion Standard On Appeal
  David Lee Mundy appealed his convictions for armed robbery and four counts of armed kidnapping. The court affirmed the denial of his motion to suppress a confession but reversed and remanded for a new trial because the trial court failed to fully explain his options after denying
• Wright v. CTL Distrib., Inc.
  679 So. 2d 1233· Fla. 2d DCA· 1996-08-30
  Joann Wright, an African-American plaintiff, appealed the denial of a motion for new trial after an all-white jury found her 70% negligent in a motor vehicle accident case. The trial court denied a new trial despite jury interview testimony corroborating allegations that jurors m
• United States v. Miranda
  85 F. Supp. 399· S.D. Fla.· 1996-05-14
  The court held that an attorney must be disqualified when his representation of a defendant is substantially related to his prior representation of a cooperating government witness who will testify against the defendant, and the witness does not consent to the continued represent
• Davis Garden Ests., Inc. v. Am. Inv. Realty, Inc.
  670 So. 2d 1180· Fla. 3d DCA· 1996-04-03
• Long v. State
  668 So. 2d 1058· Fla. 2d DCA· 1996-02-23
• Hadden v. State
  670 So. 2d 77· Fla. 1st DCA· 1996-02-14
  Timothy Ray Hadden was convicted of three counts of lewd and lascivious acts on a child under twelve. On appeal, the court upheld the admission of expert testimony that the child victim exhibited symptoms consistent with sexual abuse, holding that such testimony does not require
• Erich D. Peters v. Peters
  667 So. 2d 918· Fla. 1st DCA· 1996-02-07
• Adler v. State
  666 So. 2d 998· Fla. 5th DCA· 1996-01-19
  Francis Adler appeals his felony conviction for uttering a forged instrument, arguing the trial court erred in denying his motion to withdraw his guilty plea. The appellate court affirmed, holding that the trial court properly conducted a hearing and did not abuse its discretion
• Mauro v. Deer Park Spring Water, Inc.
  667 So. 2d 416· Fla. 3d DCA· 1996-01-17
• Pecorelli v. Vantage Real Prop. Holding Corp.
  685 So. 2d 1309· Fla. 2d DCA· 1995-12-13
• United States v. Lee (In Re Lee)
  186 B.R. 539· S.D. Fla.· 1995-09-05
  An unsigned tax return is not considered 'filed' for purposes of the Bankruptcy Code's non-dischargeability provisions until it is properly signed. Therefore, the tax liability is non-dischargeable if the return was filed less than two years before the bankruptcy petition.
• Pickett v. Pickett
  659 So. 2d 459· Fla. 5th DCA· 1995-08-18
• Farnsworth v. Farnsworth
  657 So. 2d 1273· Fla. 1st DCA· 1995-07-19
• Jones v. State
  658 So. 2d 122· Fla. 2d DCA· 1995-06-30
  A trial court abuses its discretion and commits reversible error when it fails to conduct the Nelson inquiry into the adequacy of court-appointed counsel before determining whether a defendant may represent himself, and further errs by failing to advise the defendant that if he d
• Edgewater Sun Spot, Inc. v. Pennington & Haben
  183 B.R. 938· N.D. Fla.· 1995-06-23
  The court affirmed the Bankruptcy Judge's decision, finding no abuse of discretion in awarding attorney's fees, denying abstention, or in evidentiary rulings.
• Bryant v. State
  655 So. 2d 245· Fla. 3d DCA· 1995-06-07
• Elliot v. Pallotti
  654 So. 2d 1300· Fla. 5th DCA· 1995-06-02 ·via Abuse Of Discretion Standard For Attorney'S Fees
  Karen Elliot appealed the trial court's denial of her motion for attorney's fees and costs in a real property dispute with Cynthia Pallotti. The Florida Fifth District Court of Appeal affirmed the denial, holding that Elliot failed to establish a basis for attorney's fees because
• Cold AIR Distribs. OF Fla., Inc. v. Sloan
  655 So. 2d 1199· Fla. 1st DCA· 1995-05-18
  In this workers' compensation case, the First District Court of Appeal affirmed an award of benefits to employee Susan D. Sloan for tibial tendonitis, finding competent substantial evidence supported the judge of compensation claims' determination that the injury was compensable
• Brown v. State
  655 So. 2d 1161· Fla. 5th DCA· 1995-04-28
• Cooper v. State
  653 So. 2d 1080· Fla. 5th DCA· 1995-04-13
  Patrick Cooper appeals his convictions for delivery and possession of cocaine, challenging the trial judge's decision to have the court reporter read back the entire testimony of Detective Groetsch to the jury during deliberations. The appellate court affirms the convictions, fin
• Winogrond v. Winogrond
  652 So. 2d 459· Fla. 4th DCA· 1995-03-22
• Kapila v. Beahm (In Re Beahm)
  179 B.R. 329· S.D. Fla.· 1995-02-24
  The court held that the bankruptcy court erred in concluding it lacked authority to deny an exemption based on fraudulent conduct, and that Florida's fraudulent transfer statutes may apply.
• Maduro Travel, Inc. v. Skandinaviska-Enskilda Banken (In Re SeaEscape Cruises Ltd.)
  191 B.R. 944· S.D. Fla.· 1995-02-24
  The district court affirmed the bankruptcy court's denial of maritime lien claims, finding that while the bankruptcy court erred in determining it lacked subject matter jurisdiction, Maduro Travel was an insider, estopped from claiming liens, and did not rely on the vessels' cred