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

• Callaway v. United States
  367 F.2d 140· 10th Cir.· 1966-09-23 ·cited 22×
  The court held that the trial court did not abuse its discretion in refusing to allow the appellant to withdraw his guilty plea after sentencing.
• United States v. Ruehrup
  333 F.2d 641· 7th Cir.· 1964-06-24 ·cited 22×·via Abuse Of Discretion Standard For Trial Court Rulings
  The court held that venue was properly established in the district where the false statements were prepared and mailed, and that a statement signed by the defendant after being informed of his rights was admissible, even if it contained information about unrelated wrongdoing used
• Tomah-Mauston Broad. Co., Inc. v. Fed. Commc'ns Comm'n
  306 F.2d 811· D.C. Cir.· 1962-07-12 ·cited 22×
  The court held that the appeal from the FCC's denial of a petition to revoke a construction permit was properly before the court under Section 402(b)(6) of the Communications Act, and on the merits, the FCC did not abuse its discretion.
• Panagiotis Kalatjis v. Rosenberg
  305 F.2d 249· 9th Cir.· 1962-06-25 ·cited 22×
  The court held that the Attorney General's denial of suspension of deportation and withholding of deportation was not an abuse of discretion, and affirmed the lower court's grant of summary judgment.
• Tidewater OIL Co. v. Waller
  302 F.2d 638· 10th Cir.· 1962-03-20 ·cited 22×·via Abuse Of Discretion Standard For New Trial Motions
  The court held that the Oklahoma Workmen's Compensation Law's exclusive remedy provision, as interpreted by the Oklahoma Supreme Court, did not preclude a suit for damages under foreign tort law, even when the injury occurred outside Oklahoma.
• Martin v. Reynolds Metals Corp.
  297 F.2d 49· 9th Cir.· 1961-11-02 ·cited 22×
  The court held that a party seeking to perpetuate evidence can utilize Rule 34 for inspection and examination of property and persons, even without a pending deposition, and that trial courts have broad discretion in issuing such orders.
• Maistrosky v. Harvey
  133 So. 2d 103· Fla. 2d DCA· 1961-09-22 ·cited 22×
  In this premises liability appeal, the defendant challenged the trial court's denial of his motion for continuance and certain jury instructions in a case involving injuries allegedly sustained by a business invitee when a canvas stool collapsed. The court affirmed the judgment f
• Roberts v. Sawyer
  252 F.2d 286· 10th Cir.· 1958-01-30 ·cited 22×
  The court held that the denial of a new trial motion based on newly discovered evidence was not an abuse of discretion, and other contentions were waived or outside the record.
• United States v. Theimer
  199 F.2d 501· 10th Cir.· 1952-10-22 ·cited 22×
  The court held that parties in a condemnation proceeding are ordinarily entitled to a jury trial under Rule 71A(h) unless exceptional circumstances warrant a commission.
• Alberty v. Fed. Trade Comm'n
  182 F.2d 36· D.C. Cir.· 1950-03-20 ·cited 22×
  The court held that the FTC exceeded its authority by requiring advertisers to state that their products are often ineffective for the advertised conditions, and by requiring designation of the homeopathic school of medicine for a product. Such requirements go beyond preventing f
• Md. Cas. Co. v. Rickenbaker
  146 F.2d 751· 4th Cir.· 1944-12-15 ·cited 22×·via Abuse Of Discretion Standard For Trial Court Rulings
  The court held that the trial court erred in denying the insurer's motion to amend its answer to include the defense that the injured party was an employee excluded from coverage, as this denial could lead to manifest injustice.
• Nw. Elec. Co. v. Fed. Power Comm'n
  125 F.2d 882· 9th Cir.· 1942-02-13 ·cited 22×
  The court held that the Federal Power Commission has the authority to prescribe a system of accounts for public utilities, and its determination of what constitutes necessary or appropriate accounting practices is subject to judicial review only for reasonableness.
• Wells v. State
  364 So. 3d 1005· Fla.· 2023-04-13 ·cited 21×
  William E. Wells III, serving multiple life sentences for prior murders, was convicted of first-degree murder and sentenced to death for killing fellow inmate William Chapman in a premeditated, brutal attack. The Florida Supreme Court affirmed his conviction and death sentence, r
• MSP Recovery Claims v. The Hanover Ins. Co.
  995 F.3d 1289· 11th Cir.· 2021-04-30 ·cited 21×
  The Eleventh Circuit held that it lacked jurisdiction over the cross-appeals challenging remand orders and affirmed the district court's denial of attorney's fees and costs.
• Helfrich v. State
  272 So. 3d 454· Fla. 3d DCA· 2019-03-20 ·cited 21×
  Tod Geoffrey Helfrich appeals his conviction for grand theft auto, fraudulent use of personal information, fraudulent use of a credit card, robbery with a deadly weapon, and felony murder as a habitual offender, challenging a peremptory juror strike and the trial court's failure
• Lowe v. State
  259 So. 3d 23· Fla.· 2018-10-19 ·cited 21×
  Rodney Tyrone Lowe appeals his death sentence for the 1990 first-degree murder of Donna Burnell. The Florida Supreme Court affirms his sentence, rejecting claims including Hurst challenges, proportionality arguments, and various trial errors related to jury instructions, evidenti
• Branch v. State
  236 So. 3d 981· Fla.· 2018-02-15 ·cited 21×
  Eric Scott Branch, a death row inmate with an active execution warrant, appealed a circuit court's denial of his second successive motion for postconviction relief and petitioned for habeas corpus. The Florida Supreme Court affirmed the denial, rejecting Branch's claims that his
• Kaczmar v. State
  228 So. 3d 1· Fla.· 2017-01-31 ·cited 21×
  Leo Louis Kaczmar, III appeals his death sentence imposed after a new penalty phase proceeding following this Court's remand due to erroneous aggravating factors in the original sentencing. The Florida Supreme Court affirms the death sentence, finding that although a Hurst v. Flo
• Barrington Deferrell v. State
  199 So. 3d 1056· Fla. 4th DCA· 2016-08-17 ·cited 21×
  Barrington Deferrell appeals his convictions and probation violation sentence, arguing the trial court erred by failing to hold a competency hearing and a Faretta hearing after he made an unequivocal request to represent himself. The Florida Fourth District Court of Appeal agrees
• Wells Fargo Bank, N.A. v. Balkissoon
  183 So. 3d 1272· Fla. 4th DCA· 2016-02-03 ·cited 21×
  Wells Fargo Bank appeals the involuntary dismissal of its mortgage foreclosure case after the trial court excluded critical business records (payment history and notice of default) for insufficient foundation. The appellate court reverses, finding the bank's witness provided adeq
• Channell v. Deutsche Bank Nat'l Tr. Co. under Pooling & Servicing Agreement dated as of January 1
  173 So. 3d 1017· Fla. 2d DCA· 2015-06-24 ·cited 21×
  The court held that the evidentiary foundation for the business records used to establish the amount due was inadequate, rendering them inadmissible hearsay.
• Jordan v. Jordan
  127 So. 3d 794· Fla. 4th DCA· 2013-11-27 ·cited 21×
  In this marital dissolution appeal, the Fourth District Court of Appeal reversed the trial court's equitable distribution award due to multiple errors and unsupported valuations, but affirmed the determination that Jordan Realty, LLC was a marital asset. The court remanded for th
• State Farm Mut. Auto. Ins. Co. & Daniel J. Thomas v. Holli R. Thorne
  110 So. 3d 66· Fla. 2d DCA· 2013-03-08 ·cited 21×
  State Farm and Daniel J. Thomas appealed a personal injury verdict in a motor vehicle accident case, challenging multiple evidentiary rulings and closing argument conduct. The appellate court found reversible error in the trial court's limitation of expert testimony, exclusion of
• Sunshine State Ins. Co. v. Davide
  117 So. 3d 1142· Fla. 3d DCA· 2013-02-20 ·cited 21×
  Sunshine State Insurance Company appeals a trial court's award of attorney's fees and costs to an insured, Davide, who recovered wrongfully withheld depreciation deductions from an insurance appraisal award for hurricane damage. The appellate court affirms, finding the trial cour
• USAA Cas. Ins. Co. v. Prime Care Chiropractic Ctrs., P.A.
  93 So. 3d 345· Fla. 2d DCA· 2012-05-09 ·cited 21×
  The court held that a contingency risk multiplier cannot be awarded without competent, substantial evidence supporting the need for it in the relevant market, and expert testimony alone is insufficient if unsupported.
• Dep't OF Revenue v. Holley
  86 So. 3d 1199· Fla. 1st DCA· 2012-05-01 ·cited 21×
  The Department of Revenue appeals a circuit court order vacating an arrearage determination and relieving the father of his child support obligations based on laches, equitable estoppel, and alleged due process violations caused by delay. The appellate court reverses, holding tha
• Baptist Hosp., Inc. v. Baker
  84 So. 3d 1200· Fla. 1st DCA· 2012-04-09 ·cited 21×
  Baptist Hospital appeals the trial court's certification of two classes in a suit challenging hospital liens imposed under an allegedly inapplicable county lien law. The court reversed certification of Class II because the class representative lacked standing and failed to satisf
• Milagro D. Escobar v. Escobar
  76 So. 3d 958· Fla. 4th DCA· 2011-11-16 ·cited 21×
  The appellate court reversed the trial court's order denying a supplemental petition for modification of child support, finding that the trial court erred in reducing the child support obligation retroactively without a proper basis.
• Hunter v. State
  48 So. 3d 174· Fla. 4th DCA· 2010-11-24 ·cited 21×
  The court held that the trial court erred in awarding restitution based on unsubstantiated claims and hearsay, and that depreciation must be considered for used items.
• Wicklow v. State
  43 So. 3d 85· Fla. 4th DCA· 2010-08-04 ·cited 21×
  Angela Wicklow was convicted of robbery with a firearm and sentenced to 20 years imprisonment. The appellate court reversed and remanded for a new trial, finding that the cumulative effect of improper prosecutorial comments in closing argument—which appealed for sympathy for the
• Jewel Grier v. State
  27 So. 3d 97· Fla. 4th DCA· 2009-12-23 ·cited 21×
  Grier was convicted of sexual abuse charges involving a teenage victim. On appeal, he challenged the trial court's admission of "Williams rule" testimony from two other alleged victims, arguing the similar fact evidence was unduly prejudicial. The Fourth District affirmed, holdin
• THE Florida BAR v. D'Ambrosio
  25 So. 3d 1209· Fla.· 2009-11-12 ·cited 21×
  The Florida Supreme Court disbarred attorney Gerald John D'Ambrosio for engaging in the practice of law while suspended, practicing law without admission in Illinois, and contempt of court. The decision upheld a referee's findings that D'Ambrosio deliberately violated disciplinar
• Augustin Fleurimond v. State
  10 So. 3d 1140· Fla. 3d DCA· 2009-05-27 ·cited 21×
  Augustin Fleurimond appeals his conviction for drug trafficking and possession. The Third District Court of Appeal reversed and remanded for a new trial, finding that the State violated a pretrial order in limine by introducing prejudicial testimony about the area being known for
• Rodgers v. State
  3 So. 3d 1127· Fla.· 2009-02-05 ·cited 21×
  Jeremiah Rodgers appeals his death sentence imposed upon resentencing after the Florida Supreme Court vacated his initial death sentence for trial court error in excluding mitigation evidence. Rodgers raises claims that the trial court erred by failing to conduct a competency hea
• Bridgestone/Firestone N. Am. Tire, LLC v. Hortensia Palmira Garcia
  991 So. 2d 912· Fla. 4th DCA· 2008-08-06 ·cited 21×
  This consolidated appeal addresses whether four product liability cases arising from Ford Explorer rollovers in Argentina should be dismissed on forum non conveniens grounds. The Florida Fourth District Court of Appeal affirmed the trial court's denial of defendants' motions to d
• Mourning v. Ballast Nedam Constr., Inc.
  964 So. 2d 889· Fla. 4th DCA· 2007-09-26 ·cited 21×
  The Fourth District Court of Appeal reversed a trial court's decision to vacate a default judgment against Ballast Nedam Construction, Inc. for unliquidated damages. The court held that service of a trial-setting order by the plaintiff's counsel, rather than by the court itself,
• Bennett v. State
  944 So. 2d 524· Fla. 4th DCA· 2006-12-20 ·cited 21×
  Thomas Bennett appeals his extortion conviction, challenging the trial court's $115,000 restitution award. The appellate court agrees that the State failed to present legally sufficient evidence of the actual amount of restitution owed, as the award was based on speculative testi
• Dorsey v. Karan Gaddam Reddy, M.D.
  931 So. 2d 259· Fla. 5th DCA· 2006-06-23 ·cited 21×
  Joan Dorsey appeals a jury verdict finding no negligence by cardiologist Dr. Reddy in her husband's death following coronary bypass surgery complicated by aortic dissection. The appellate court affirmed, holding that testimony regarding orders by surgeons to perform diagnostic te
• Kasm v. Kasm
  933 So. 2d 48· Fla. 2d DCA· 2006-05-19 ·cited 21×
  In this family law appeal, the husband challenged a trial court's award of temporary attorney's fees to the wife in a divorce proceeding. The appellate court affirmed that the wife was entitled to temporary fees but reversed and remanded the specific amount awarded because the tr
• Elysee v. State
  920 So. 2d 1205· Fla. 4th DCA· 2006-02-15 ·cited 21×
  The court held that the victim's statement to the officer was improperly admitted as an excited utterance because the state failed to prove it was made before there was time for reflective thought. The court also held that the mother's testimony about the victim's behavior was re
• Pangilinan v. Broward Cnty.
  914 So. 2d 1094· Fla. 4th DCA· 2005-11-30 ·cited 21×
  Kathleen Pangilinan appealed a summary judgment dismissing her negligence action against Broward County for failure to provide pre-suit notice to the Department of Insurance as required by Florida Statutes section 768.28(6). The Florida Fourth District Court of Appeal affirmed th
• McKINNON v. Staats
  899 So. 2d 357· Fla. 1st DCA· 2005-03-21 ·cited 21×
  A Florida appellate court reversed a trial court's decision modifying child custody, holding that the noncustodial parent failed to meet the extraordinary burden required to change custody by not presenting competent, substantial evidence of a material change in circumstances tha
• Smith v. Smith
  872 So. 2d 397· Fla. 1st DCA· 2004-05-04 ·cited 21×
  The court held that the trial court erred in imputing income to the appellant and awarding retroactive child support for a period where there was no evidence of the children's need or the appellant's ability to pay.
• Cella v. State
  831 So. 2d 716· Fla. 5th DCA· 2002-11-01 ·cited 21×
  Ronald Cella appealed the denial of his motion to withdraw a nolo contendere plea to attempted burglary, arguing he was not informed that despite withheld adjudication, he would have to register as a convicted felon. The Fifth District Court of Appeal affirmed, holding that the r
• Bacon v. Wilton Jackson Bacon
  819 So. 2d 950· Fla. 4th DCA· 2002-06-26 ·cited 21×
  Patricia Bacon appeals a final divorce judgment challenging the trial court's award of permanent periodic alimony as an abuse of discretion. The appellate court agreed, finding the trial court improperly imputed full-time employment income to the wife and failed to adequately con
• Donny L. Crook v. State
  813 So. 2d 68· Fla.· 2002-03-07 ·cited 21×
  Donny Crook was convicted of first-degree murder, robbery with a deadly weapon, and sexual battery and sentenced to death. The Florida Supreme Court affirmed his convictions but vacated the death sentence and remanded for resentencing because the trial court erred in failing to p
• Linroy Bottoson v. State
  813 So. 2d 31· Fla.· 2002-01-31 ·cited 21×
  Linroy Bottoson, a death row inmate with an active death warrant, appealed the trial court's denial of his successive motion for postconviction relief under Florida Rule of Criminal Procedure 3.851 and filed a successive habeas corpus petition. The Florida Supreme Court affirmed
• Barrington Wilson v. State
  753 So. 2d 683· Fla. 3d DCA· 2000-03-15 ·cited 21×
  Barrington Wilson appeals his convictions for three counts of armed sexual battery with force, one count of burglary with assault or battery, and one count of robbery with a firearm. The court affirmed his convictions, rejecting claims of ineffective assistance of counsel, improp
• Thomas v. State
  752 So. 2d 679· Fla. 1st DCA· 2000-02-09 ·cited 21×
  Leo Thomas, a criminal defense attorney, was held in direct criminal contempt for improper closing arguments in a murder trial. The appellate court reversed, holding that while Thomas's comments were unprofessional and unethical, they did not violate a clear court order or consti
• Suarez-Burgos v. Morhaim
  745 So. 2d 368· Fla. 4th DCA· 1999-10-06 ·cited 21×
  In this medical malpractice appeal, the court affirmed the trial court's grant of a post-trial mistrial motion where a defendant's expert witness (Dr. Mack) testified to a substantially different opinion at trial than what was disclosed in his Rule 1.360(b) report and deposition,