Abuse Of Discretion (Standard Of Review)

12,259 Florida cases classified under this topic, plus 1,650 listed through its narrower topics · sorted by citation count · see the citation graph · browse and sort

• Cross v. Gen. Motors Corp.
  721 F.2d 1152· 8th Cir.· 1983-11-18 ·cited 23×
  The court held that the district court did not abuse its discretion in dismissing the action for willful failure to comply with discovery orders, revoking in forma pauperis status due to financial misrepresentations, or assessing costs against the plaintiff.
• Kerr v. Quinn
  692 F.2d 875· 2d Cir.· 1982-11-04 ·cited 23×·via Abuse Of Discretion Standard On Appeal
  The court held that the district court erred in denying attorney fees because the plaintiff's civil rights claim was not so strong at the outset as to assure easy retention of counsel on a contingent basis.
• Nat'l Ass'n OF Broadcasters v. Copyright Royalty Tribunal
  675 F.2d 367· D.C. Cir.· 1982-04-09 ·cited 23×
  The court affirmed most of the Copyright Royalty Tribunal's distribution of cable royalty fees, finding the allocations supported by substantial evidence and within the zone of reasonableness, but remanded a portion concerning National Public Radio for further proceedings.
• Stewart v. Winter
  669 F.2d 328· 5th Cir.· 1982-03-05 ·cited 23×
  The court held that while the district court erred in dismissing state defendants and in its reasoning regarding adequacy of representation, it did not abuse its discretion in denying class certification due to a lack of common questions of law or fact among the diverse county ja
• United States v. Hewitt
  634 F.2d 277· 5th Cir.· 1981-01-15 ·cited 23×
  The court held that the trial court erred in refusing to allow the defendant to present evidence of his character as a law-abiding citizen, even though he did not testify.
• United States v. Burkhalter
  588 F.2d 604· 8th Cir.· 1978-12-07 ·cited 23×
  The court held that the district court did not abuse its discretion in revoking probation based on the evidence presented, even if some was hearsay, as it was demonstrably reliable.
• United States v. Dawson
  576 F.2d 656· 5th Cir.· 1978-07-14 ·cited 23×·via Abuse Of Discretion Standard For Sentencing
  The court held that the defendant's conviction for aiding and abetting a bank robbery is affirmed because the evidence was sufficient and the trial court committed no reversible error.
• Applied Digit. Tech., Inc. v. Cont'l Cas. Co.
  576 F.2d 116· 7th Cir.· 1978-05-17 ·cited 23×
  The court held that the district court did not abuse its discretion in enjoining arbitration of contract disputes due to the permeation doctrine, where antitrust issues were intertwined with the contract claims.
• United States ex rel. Rico Latimore & Arthur Vesey v. Allyn R. Sielaff
  561 F.2d 691· 7th Cir.· 1977-08-26 ·cited 23×
  The trial judge's refusal to communicate with the jury and provide sleeping facilities coerced the jury into reaching a verdict, denying the defendants a fair trial.
• Maxwell G. Hazelwood v. Hazelwood
  345 So. 2d 819· Fla. 4th DCA· 1977-04-29 ·cited 23×
  In this marriage dissolution appeal, the court affirmed the trial court's award of $1,000 monthly permanent alimony to a 44-year-old homemaker but reversed the award of exclusive possession of the marital home to the wife, finding it unsupported by competent evidence and inconsis
• Windham v. Am. Brands, Inc.
  539 F.2d 1016· 4th Cir.· 1976-07-16 ·cited 23×
• United States v. 9.19 Acres OF Land
  416 F.2d 1244· 6th Cir.· 1969-10-22 ·cited 23×·via Abuse Of Discretion Standard For Continuance
  The court held that the district court abused its discretion by denying a continuance to allow a corporation to retain counsel after it was improperly denied pro se representation.
• Larson v. United States
  296 F.2d 167· 8th Cir.· 1961-11-27 ·cited 23×
  The court held that the district court did not abuse its discretion in denying the motion for remission of bond forfeiture, as the surety had knowledge of the defendant's risky behavior and the defendant's return was voluntary.
• Pinnacle Advertising & Mktg. Grp. Inc. v. Pinnacle Advertising & Mktg. Grp., LLC
  7 F.4th 989· 11th Cir.· 2021-08-02 ·cited 22×
  Two Illinois and Florida-based advertising companies with identical names disputed trademark ownership, with Pinnacle Illinois suing Pinnacle Florida for infringement under the Lanham Act and Pinnacle Florida counterclaiming to cancel Pinnacle Illinois's trademark registrations.
• Smith v. Haynes & Haynes P.C.
  940 F.3d 635· 11th Cir.· 2019-10-15 ·cited 22×
  The court held that the district court erred in applying judicial estoppel based on an inference from nondisclosure alone, as required by Slater II, and that the retaliation claim summary judgment was affirmed.
• Callwood v. Toleatha Callwood
  221 So. 3d 1198· Fla. 4th DCA· 2017-07-05 ·cited 22×
  Former husband appeals final judgment of dissolution of marriage. The appellate court affirms the time-sharing determination but reverses the equitable distribution plan for failure to make required statutory findings and reverses the income determination for child support purpos
• Fed. Home Loan Mortg. Corp. v. Beekman
  174 So. 3d 472· Fla. 4th DCA· 2015-08-19 ·cited 22×·via Abuse Of Discretion Standard For Denying Leave To Amend
  Federal Home Loan Mortgage Corporation appealed a trial court order granting a loan modification to borrower James Beekman in a foreclosure action. The court reversed, holding that loan modification was not pleaded, not tried by consent, and that the trial court lacked authority
• TRG Columbus Dev. Venture, Ltd. v. Sifontes
  163 So. 3d 548· Fla. 3d DCA· 2015-04-01 ·cited 22×
  The appellate court affirmed the trial court's award of attorney's fees, finding no abuse of discretion in the hourly rate determination or the application of a contingency fee multiplier.
• Kelly v. Bankunited, FSB
  159 So. 3d 403· Fla. 4th DCA· 2015-03-18 ·cited 22×
  Kelly appeals the trial court's denial of his motion for attorneys' fees following BankUnited's voluntary dismissal of a foreclosure action after a short sale agreement was reached. The Fourth District affirmed, holding that where neither party substantially prevails in litigatio
• Young v. Norva L. Achenbauch
  136 So. 3d 575· Fla.· 2014-03-27 ·cited 22×
  The Florida Supreme Court quashed the Third District Court of Appeal's decision and reinstated a trial court order disqualifying attorneys Steven Hunter and Philip Gerson from representing petitioners in a suit against FAMRI (a foundation established under a tobacco settlement).
• Watson v. Watson
  124 So. 3d 340· Fla. 1st DCA· 2013-10-16 ·cited 22×
  In this family law appeal, the former husband challenged the trial court's equitable distribution, alimony, child support, and attorney's fees awards in a dissolution of marriage. The appellate court reversed and remanded the equitable distribution, alimony, and child support por
• Suntrust Banks, Inc. v. Cauthon & McGUIGAN, PLC
  78 So. 3d 709· Fla. 1st DCA· 2012-02-02 ·cited 22×
  SunTrust Banks appeals a trial court's order granting a temporary injunction requiring it to return seized funds from a law firm's client trust account after a fraudulent check was deposited. The appellate court reversed, holding that the law firm failed to establish the necessar
• Yougraj Beharry v. Drake
  52 So. 3d 790· Fla. 5th DCA· 2010-12-30 ·cited 22×
  In a paternity case, the Florida appellate court affirmed the trial court's custody and time-sharing arrangement but reversed the requirement that the father secure $100,000 in life insurance to cover child support, finding the amount exceeded his total child support obligation o
• Asinmaz v. Semrau
  42 So. 3d 955· Fla. 4th DCA· 2010-09-01 ·cited 22×
  In this defamation appeal, the court reversed an award of attorney's fees under section 57.105, holding that the plaintiff presented a justiciable issue of fact regarding whether the defendant acted with express malice when filing a police report accusing him of switching her dia
• Wabeke v. Wabeke
  31 So. 3d 793· Fla. 2d DCA· 2009-07-15 ·cited 22×
  In this postdissolution alimony modification case, the Florida Second District Court of Appeal reversed the trial court's award of $3,700 per month in permanent periodic alimony because the court failed to make sufficient findings of fact regarding the statutory alimony factors r
• Sinclair v. State
  995 So. 2d 552· Fla. 3d DCA· 2008-09-03 ·cited 22×
  Mario Sinclair appealed his probation violation for cocaine possession, challenging whether the arresting officer adequately identified the substance as crack cocaine without a chemical analysis report. The Florida Third District Court of Appeal held that a sufficiently experienc
• Carricarte v. Carricarte
  961 So. 2d 1019· Fla. 3d DCA· 2007-07-11 ·cited 22×
  The court held that the trial court did not abuse its discretion in denying motions to extend injunctions for the sister-in-law and niece while extending them for the brothers.
• Dailey v. State
  965 So. 2d 38· Fla.· 2007-05-31 ·cited 22×
  James Dailey appeals the trial court's denial of his postconviction motion for relief and petitions for habeas corpus after being convicted of first-degree murder and sentenced to death for the 1985 killing of fourteen-year-old Shelley Boggio. The Florida Supreme Court affirms th
• Smith v. City OF Panama City
  951 So. 2d 959· Fla. 1st DCA· 2007-03-13 ·cited 22×·via Abuse Of Discretion Standard For Sanctions
  Appellants challenged a trial court's dismissal with prejudice of their complaint for declaratory relief and petitions for writ of certiorari regarding an annexation and rezoning. The dismissal was based on their failure to timely file an amended complaint within 30 days, but the
• Cisneros v. Cisneros
  944 So. 2d 524· Fla. 4th DCA· 2006-12-20 ·cited 22×
• McCALL v. State
  941 So. 2d 1280· Fla. 4th DCA· 2006-11-22 ·cited 22×
  Roosevelt McCall was convicted of possession of a firearm by a convicted felon after officers found him sleeping in a stolen vehicle with a gun. The Fourth District Court of Appeal reversed and remanded for a new trial, holding that the trial court erred by allowing evidence of c
• Taylor v. Ignacio Magana, M.D., Ignacio Magana, P.A.
  911 So. 2d 1263· Fla. 4th DCA· 2005-10-05 ·cited 22×
  The Florida Fourth District Court of Appeal reversed a trial court's denial of a motion for new trial in a medical malpractice case, holding that juror John Hill's failure to disclose pending litigation against him and his mother during voir dire constituted concealment warrantin
• Barnhill v. In re Florida Microsoft Antitrust Litigation
  905 So. 2d 195· Fla. 3d DCA· 2005-04-06 ·cited 22×
  Class action objectors appealed the approval of a Microsoft settlement involving indirect purchasers of operating systems and software under Florida's FDUTPA. The court reversed the denial of intervention for some objectors but affirmed the settlement approval and attorneys' fees
• Kawasaki Motors Corp. v. Foster
  899 So. 2d 408· Fla. 3d DCA· 2005-03-30 ·cited 22×
  Kawasaki Motors appealed a trial court's denial of its motions to dismiss for forum non conveniens and to sever in a wrongful death case arising from a jet ski accident in Jamaica. The appellate court reversed, holding that the private and public interests strongly favored litiga
• E & A Produce Corp. v. Superior Garlic Int'l, Inc.
  864 So. 2d 449· Fla. 3d DCA· 2003-12-10 ·cited 22×
  E & A Produce Corporation appeals an award of attorney's fees to Superior Garlic International following the dismissal of E & A's civil theft of trade secret claim. The Third District Court of Appeal affirmed the award, holding that Superior Garlic timely filed its motion for att
• Hanania v. State
  855 So. 2d 92· Fla. 2d DCA· 2003-06-13 ·cited 22×
  The court held that the state failed to prove by a preponderance of the evidence that the probation violations were willful and substantial.
• K.V. v. State
  832 So. 2d 264· Fla. 4th DCA· 2002-12-11 ·cited 22×
  The court held that the trial court erred in admitting hearsay testimony, and this error was not harmless because the statement was incriminating and the sole identification witness.
• Cocca v. Smith
  821 So. 2d 328· Fla. 2d DCA· 2002-06-05 ·cited 22×
  Cocca and Automotive Rentals appealed a trial court's grant of a new trial based on an allegedly inconsistent and inadequate jury verdict. The appellate court reversed, holding that the verdict was neither inconsistent nor inadequate, and that Smith waived her objections by faili
• Bush v. State
  809 So. 2d 107· Fla. 4th DCA· 2002-03-06 ·cited 22×
  Kathleen Bush was convicted of aggravated child abuse and Medicaid fraud after a four-month jury trial for administering Tegretol and contaminating medical samples to fabricate her daughter Jennifer's illnesses, resulting in unnecessary medical procedures costing over $1 million.
• Roseman v. Town Square Ass'n, Inc.
  810 So. 2d 516· Fla. 4th DCA· 2001-12-05 ·cited 22×
  Mindy Roseman appealed a judgment in favor of Town Square Association in a premises liability case involving a condominium door that allegedly closed too quickly and struck her. The Fourth District Court of Appeal affirmed the trial court's decisions on bifurcation, exclusion of
• Stephen A. Levine, PH.D. v. Harris
  791 So. 2d 1175· Fla. 4th DCA· 2001-07-25 ·cited 22×
  Appellants Levine and Nutricology appealed the denial of their motion for attorney's fees under Florida's offer of judgment statute. The trial court had rejected their $500 offer of judgment as not made in good faith, but the appellate court reversed, finding the offer was reason
• Dorta-Duque v. Marines Dorta-Duque
  791 So. 2d 1148· Fla. 3d DCA· 2001-06-20 ·cited 22×
  A Florida appellate court affirmed a trial court's order permitting the mother of a minor child to relocate to Puerto Rico with the child, rejecting the father's challenges to the relocation decision and evidentiary rulings.
• Infinity Radio Inc. v. Whitby
  780 So. 2d 248· Fla. 4th DCA· 2001-02-21 ·cited 22×
  The court held that the 1999 amendment constituted a new agreement that incorporated the 1995 non-compete clause by reference, entitling Infinity to enforce it.
• C.J. v. Dep't OF Child. & Families
  756 So. 2d 1108· Fla. 3d DCA· 2000-05-10 ·cited 22×·via Abuse Of Discretion Standard For Continuance
  C.J. appeals the termination of his parental rights to his daughter T.I.J. following the death of his infant son from blunt head trauma. The court affirms the termination, rejecting C.J.'s claims that the trial court abused its discretion by denying a continuance pending his crim
• Leyva v. Samess
  732 So. 2d 1118· Fla. 4th DCA· 1999-02-24 ·cited 22×
  In this tort case arising from an automobile accident, the trial court granted a new trial on damages after a jury verdict favoring the plaintiff, citing violations of a pretrial order in limine that prohibited references to a defendant's status as a physician. The appellate cour
• Crowley v. Crowley
  678 So. 2d 435· Fla. 4th DCA· 1996-08-07 ·cited 22×
  In this Florida divorce case, the Fourth District Court of Appeal affirmed in part and reversed in part a dissolution judgment, addressing the husband's claims regarding asset distribution, child support calculation, attorney's fees, relocation, and rehabilitative alimony. The co
• State v. Benton
  662 So. 2d 1364· Fla. 3d DCA· 1995-11-22 ·cited 22×
  The State of Florida appealed a trial court's order granting Antonio Benton a new trial on a charge of resisting an officer without violence. The appellate court reversed, holding that the prosecutor's comments during closing argument, while improper, did not warrant a new trial
• Ovid Miller v. State
  661 So. 2d 353· Fla. 4th DCA· 1995-10-05 ·cited 22×
  Miller appealed his probation revocation for failing to attend court-ordered sex offender support group meetings. The court initially reversed based on hearsay concerns, but on rehearing, affirmed the revocation, finding that non-hearsay evidence from a hospital accountant combin
• THE Florida BAR v. Bosse
  609 So. 2d 1320· Fla.· 1992-12-10 ·cited 22×
  The Florida Bar challenged a referee's recommendation to award costs to respondent Richard Bosse in a disciplinary proceeding where Bosse was found not guilty on all counts. The Florida Supreme Court held that while costs may be awarded to a prevailing respondent, only those cost
• Tindall v. Smith
  601 So. 2d 627· Fla. 2d DCA· 1992-06-26 ·cited 22×
  Nathaniel Tindall appeals a trial court's order granting a change of venue to Hugh Smith. The appellate court reversed, holding that the trial court abused its discretion because the record lacked evidence supporting any statutory basis for the venue transfer.