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

• Parker v. Anderson
  667 F.2d 1204· 5th Cir.· 1982-02-18 ·cited 21×
  The court held that the district court did not abuse its discretion in approving the class action settlement and awarding attorney fees, as the settlement was fair and reasonable and representation was adequate.
• Dale v. Ford Motor Co.
  409 So. 2d 232· Fla. 1st DCA· 1982-02-09 ·cited 21×
  Appellants Dale sought reversal of a products liability judgment against Ford Motor Company, challenging the trial court's admission of an accident reconstructionist's testimony, denial of a car shop manual, and award of transcript costs. The appellate court affirmed, finding no
• Rabbi Samuel Teitelbaum v. Sorenson
  648 F.2d 1248· 9th Cir.· 1981-06-26 ·cited 21×
  The court held that neither the novelty of a claim nor the defendant's good faith are special circumstances justifying the denial of attorney fees under 42 U.S.C. § 1988.
• United States v. Rasmussen
  642 F.2d 165· 5th Cir.· 1981-04-10 ·cited 21×
  The court held that the district court did not abuse its discretion in denying the defendant's motion to withdraw his guilty plea.
• United States v. Nerren
  613 F.2d 572· 5th Cir.· 1980-03-13 ·cited 21×
  The court held that the trial judge did not abuse discretion in denying the defendants' Rule 35 motions for sentence reduction.
• James v. Ball
  613 F.2d 180· 9th Cir.· 1979-10-12 ·cited 21×
  The court held that the Arizona statutes limiting voting in Salt River Project elections to landowners, with votes apportioned by acreage, violate the Equal Protection Clause of the Fourteenth Amendment because the District's operations, including its extensive electric utility s
• Griggs v. Hinds Junior Coll.
  563 F.2d 179· 5th Cir.· 1977-11-17 ·cited 21×
  The court held that the district court abused its discretion by failing to grant leave to amend the complaint.
• Vergel v. Immigr. & Naturalization Serv.
  536 F.2d 755· 8th Cir.· 1976-06-02 ·cited 21×
  The court held that it lacked jurisdiction to review the original deportation order but had jurisdiction to review the denial of the motion to reopen, finding no abuse of discretion.
• Fay Monroe van Meter v. Morgan
  518 F.2d 366· 8th Cir.· 1975-05-20 ·cited 21×
  The court held that the district court did not abuse its discretion in dismissing the prisoner's complaint as frivolous and duplicative of prior filings.
• Danek v. Hoffman
  189 So. 2d 893· Fla. 2d DCA· 1966-09-16 ·cited 21×
  Plaintiff appealed a trial court's decision to set aside a jury verdict in his favor and grant a new trial in an insurance coverage case. The appellate court affirmed, holding that under Florida's broad discretion standard established in Cloud v. Fallis, a trial judge may set asi
• Cunningham v. Hester Dozer
  159 So. 2d 105· Fla. 3d DCA· 1963-12-23 ·cited 21×
  Municipal officers sought to enjoin recall proceedings against them. The trial court dissolved a temporary injunction that had halted the recall election, and the officers appealed. The appellate court affirmed the dissolution, finding no abuse of discretion by the trial judge.
• Shepherd v. State
  46 So.2d 880· Fla.· 1950-05-16 ·cited 21×
  The Florida Supreme Court affirmed the convictions of Samuel Shepherd and Walter L. Irvin for rape. The court addressed issues including the denial of a change of venue due to alleged mob violence and racial prejudice, the sufficiency of time for defense preparation, and the cons
• United States v. Esformes
  60 F.4th 621· 11th Cir.· 2023-01-06 ·cited 20×
  Philip Esformes challenged his convictions for healthcare fraud, illegal kickbacks, and money laundering, arguing prosecutorial misconduct violated attorney-client privilege, expert testimony was improperly admitted, and his restitution and forfeiture awards were unlawful, but th
• State v. Dep't of Health & Human Servs.
  19 F.4th 1271· 11th Cir.· 2021-12-06 ·cited 20×
  Florida challenged a federal interim rule mandating COVID-19 vaccinations for healthcare workers at Medicare and Medicaid facilities, arguing the rule exceeded the Secretary's statutory authority, violated notice-and-comment procedures, and was arbitrary and capricious. The Eleve
• United States v. Dontiez Pendergrass
  995 F.3d 858· 11th Cir.· 2021-04-22 ·cited 20×
  Dontiez Pendergrass was convicted of five counts of armed robbery and related firearm charges after law enforcement identified him as the perpetrator of a series of robberies in Georgia through distinctive patterns of evidence, including surveillance videos showing a left-handed
• United States v. Laschell Harris
  989 F.3d 908· 11th Cir.· 2021-03-02 ·cited 20×
  The Eleventh Circuit held that the district court did not abuse its discretion in denying the defendant's motion for compassionate release, as her medical conditions did not constitute extraordinary and compelling reasons.
• Duke v. Duke
  211 So. 3d 1078· Fla. 5th DCA· 2017-02-10 ·cited 20×
  John Duke appeals a final judgment dissolving his marriage to Heather Duke. The appellate court reverses the alimony award, attorney's fees award, life insurance requirement, and parenting plan due to the trial court's failure to make required statutory findings, while affirming
• GDG Acquisitions, LLC v. Gov't OF Belize
  749 F.3d 1024· 11th Cir.· 2014-04-22 ·cited 20×
  GDG Acquisitions sued the Government of Belize for breach of a telecommunications equipment lease contract in federal court in Florida. The district court dismissed on two alternative grounds: forum non conveniens and international comity. The Eleventh Circuit vacated both dismis
• Hernandez v. Gonzalez
  124 So. 3d 988· Fla. 4th DCA· 2013-10-30 ·cited 20×
  In this negligence action arising from a rear-end automobile accident, the jury returned a zero damages verdict despite the defendants' admission of negligence. The plaintiffs appealed the trial court's denial of their motions for a new trial, arguing the verdict was against the
• Minty v. Meister Financialgroup, Inc.
  97 So. 3d 926· Fla. 4th DCA· 2012-09-05 ·cited 20×
  A borrower appeals a circuit court's orders denying her motion to dissolve a temporary injunction, severing her counterclaims, and dismissing other counterclaims in a loan refinance dispute. The appellate court reversed the denial of the motion to dissolve, granted a petition for
• Vitro v. Vitro
  122 So. 3d 382· Fla. 4th DCA· 2012-06-06 ·cited 20×
  Albert Joseph Vitro appeals a final judgment of dissolution of marriage, challenging the trial court's awards of alimony and equitable distribution of marital property. The appellate court affirms the imputation of the former wife's income but reverses and remands on multiple iss
• Ivana Linic v. State
  80 So. 3d 382· Fla. 4th DCA· 2012-02-08 ·cited 20×
  Ivana Linic was convicted of culpable negligence child neglect causing serious bodily injury after her premature infant son died of malnutrition and dehydration. The Fourth District Court of Appeal reversed and remanded for a new trial, finding multiple evidentiary errors and imp
• Padgett v. State
  73 So. 3d 902· Fla. 4th DCA· 2011-11-16 ·cited 20×
  The appellate court held that the detective's hearsay testimony was inadmissible and the error was not harmless, requiring a new trial.
• Jessyca Rossman v. Gino J. Profera
  67 So. 3d 363· Fla. 4th DCA· 2011-07-27 ·cited 20×
  A mother appeals the trial court's denial of her request to relocate to Texas with her child and the resulting modification of custody to the father. The court affirmed both decisions, finding that the mother's proposed visitation arrangement would not preserve the father's meani
• Raulerson v. Wright
  60 So. 3d 487· Fla. 1st DCA· 2011-04-15 ·cited 20×
  A Florida appellate court reversed a trial court's grant of temporary permission for the mother to relocate with the parties' minor child, holding that the mother failed to comply with statutory requirements under section 61.13001 by not filing a sworn petition with the court bef
• Sinclair v. State
  50 So. 3d 1223· Fla. 4th DCA· 2011-01-05 ·cited 20×
  Christopher Sinclair was convicted of possession of a firearm by a convicted felon and carrying a concealed firearm after a handgun was found in his vehicle. The Florida Fourth District Court of Appeal reversed these two convictions due to prejudicial evidentiary error—the trial
• Trease v. State
  41 So. 3d 119· Fla.· 2010-06-24 ·cited 20×
  Robert Trease, a death-sentenced inmate, moved to waive postconviction counsel and proceedings. The trial court granted his motion after conducting a Durocher hearing finding him competent and his waiver knowing, intelligent, and voluntary. The Florida Supreme Court affirmed, rej
• Rodriguez v. Recovery Performance & Marine, LLC
  38 So. 3d 178· Fla. 3d DCA· 2010-05-19 ·cited 20×·via Abuse Of Discretion Standard For Denying Leave To Amend
  Rodriguez appeals a summary judgment dismissing her FDUTPA claim against a jet ski seller, arguing the trial court erred in finding her damages (loan payments and down payment) non-recoverable and in denying leave to file a sixth amended complaint. The court affirmed, holding tha
• Quality Roof Servs., Inc. v. Intervest Nat'l Bank
  21 So. 3d 883· Fla. 4th DCA· 2009-10-28 ·cited 20×
  The appellate court held that the trial court abused its discretion by denying the motion to amend the answer to assert the affirmative defense of unclean hands, as the defense was sufficiently pled and not futile.
• Jennifer Denise Halpern, M.D. v. Houser
  949 So. 2d 1155· Fla. 4th DCA· 2007-02-28 ·cited 20×·via Gross Abuse Of Discretion
  The Florida Fourth District Court of Appeal reversed a trial court's grant of relief from judgment to the Housers in a medical malpractice case. The court held that the trial court abused its discretion by granting the motion for relief without requiring sworn statements or condu
• Rosario v. Rosario
  945 So. 2d 629· Fla. 4th DCA· 2006-12-27 ·cited 20×·via Reasonableness Test For Abuse Of Discretion
  In this marriage dissolution case, the trial court awarded the former wife lump-sum alimony in the form of the former husband's entire share of marital home equity ($105,000), resulting in a 94%-6% asset distribution. The appellate court reversed the lump-sum alimony award due to
• Job Charles v. State
  945 So. 2d 579· Fla. 4th DCA· 2006-12-13 ·cited 20×·via Abuse Of Discretion Standard For Jury Instructions
  Job Charles was convicted of second degree murder as a lesser included offense of first degree murder in a felony murder case involving a robbery/burglary that resulted in a shooting death. The appellate court reversed the conviction, holding that the trial court erred in refusin
• Johnson v. State
  942 So. 2d 415· Fla. 2d DCA· 2006-10-06 ·cited 20×
  The appellate court affirmed convictions for fleeing and eluding, leaving the scene of an accident with injuries, and driving with a suspended license, but reversed for the purpose of striking duplicate court costs and investigative fees.
• Gillian J. Smith v. Smith
  934 So. 2d 636· Fla. 2d DCA· 2006-08-02 ·cited 20×
  Gillian Smith appeals a trial court's equitable distribution scheme in a divorce proceeding, challenging the allocation of the Navy pension, education loans, credit card debts, and mediation fees, as well as the overall unequal distribution favoring her husband. The appellate cou
• Bauknight v. Monroe Cnty.
  446 F.3d 1327· 11th Cir.· 2006-04-25 ·cited 20×
  Property owners in Monroe County, Florida filed a takings claim in state court against the county, which removed the case to federal court on federal question grounds. The district court remanded the case for lack of subject matter jurisdiction because the federal takings claim w
• Burkey v. State
  922 So. 2d 1033· Fla. 4th DCA· 2006-03-01 ·cited 20×
  Carl Burkey was convicted of sale and delivery of cannabis and possession of cannabis after a jury trial. The Fourth District Court of Appeal reversed and remanded for a new trial, finding that the trial court reversibly erred by excluding non-hearsay testimony that the defendant
• State v. Storer
  920 So. 2d 754· Fla. 2d DCA· 2006-02-10 ·cited 20×
  The State petitioned for certiorari to quash a trial court's pretrial order allowing the defendant Storer to introduce evidence of a victim's prior similar robbery conviction. The Florida Second District Court of Appeal denied the petition, holding that while the court had limite
• Event Servs. Am., Inc. v. Ragusa
  917 So. 2d 882· Fla. 3d DCA· 2005-08-10 ·cited 20×
  A trial court does not abuse its discretion in striking nominal settlement proposals and disallowing attorney's fees when the plaintiff's claim had merit and the defendant had potential exposure.
• Sonny BOY, L.L.C. v. Bhagwan Asnani
  879 So. 2d 25· Fla. 5th DCA· 2004-05-28 ·cited 20×
  Condominium association directors are not personally liable for their decisions absent fraud, self-dealing, dishonesty, or incompetency, regardless of whether they were designated by the developer or elected by unit owners. The trial court properly denied leave to amend the compl
• Ford Michael v. State
  884 So. 2d 83· Fla. 2d DCA· 2004-04-14 ·cited 20×
  Ford Michael was convicted of resisting arrest without violence and disorderly intoxication after a trial in which the arresting officer's testimony directly contradicted his own account. The appellate court reversed the conviction because the trial court abused its discretion by
• Southwin, Inc. v. Verde
  806 So. 2d 586· Fla. 3d DCA· 2002-01-30 ·cited 20×
  Southwin, Inc. and Tripp Construction appealed a jury verdict awarding $5.2 million in damages to 67 homeowners in a certified class action for building code violations. The appellate court affirmed, holding that the jury's aggregate damage award was supported by expert testimony
• Ephone Kelly v. State
  797 So. 2d 1278· Fla. 4th DCA· 2001-10-31 ·cited 20×
  The court held that the trial court abused its discretion by failing to sua sponte order a competency hearing for the defendant, given the circumstances.
• In re Est. OF Giorgio Barsanti v. Wayne A. Cypen Ad Litem of the Estate of Giorgio Barsanti
  773 So. 2d 1206· Fla. 3d DCA· 2000-12-06 ·cited 20×
  The Estate of Giorgio Barsanti appeals the denial of a preliminary injunction to recover two bearer stock certificates representing 16,500 shares of Conakry stock that disappeared from the personal representative's possession. The court reversed, holding that a probate court has
• Huff v. State
  762 So. 2d 476· Fla.· 2000-05-25 ·cited 20×
  James Roger Huff, a death-row inmate, appealed the denial of his Florida Rule 3.850 motion for postconviction relief, raising claims of ineffective assistance of counsel regarding an alleged plea offer, denial of evidentiary hearings on other claims, and refusal to allow amendmen
• Jones v. State
  728 So. 2d 788· Fla. 1st DCA· 1999-02-24 ·cited 20×
  Douglas Jones appealed his conviction for attempting to commit a lewd or lascivious act upon a child, challenging the trial court's admission of the child victim's out-of-court statements under Florida Evidence Code section 90.803(23). The court affirmed, holding that similar fac
• Clark v. Lake City Police Dep't
  723 So. 2d 901· Fla. 1st DCA· 1999-01-08 ·cited 20×
  The court held that striking pleadings and entering a default judgment as a sanction for a single, untimely discovery response, where the delay was primarily attributable to counsel and there was no evidence of client willfulness or extreme prejudice, constituted an abuse of disc
• Ouriana Goutis v. Express Transp., Inc.
  699 So. 2d 757· Fla. 4th DCA· 1997-09-03 ·cited 20×·via Abuse Of Discretion Standard For New Trial Motions
  Plaintiffs won a $1.8 million wrongful death jury verdict, but the trial court granted defendants' motion for a new trial based on allegedly improper comments made by plaintiffs' counsel during jury selection, opening statement, and closing argument. The appellate court reversed,
• Stoler v. Anne B. Stoler
  679 So. 2d 837· Fla. 2d DCA· 1996-09-06 ·cited 20×
  In this family law appeal, the husband challenges a judgment requiring him to pay all of the wife's attorney's fees and costs in a divorce proceeding. The Second District Court of Appeal reversed in part, holding that while the amount of fees was not an abuse of discretion, order
• In re Mandalay Shores Coop. Hous. Ass'n, Inc. v. Mandalay Shores Coop. Hous. Ass'n, Inc.
  21 F.3d 380· 11th Cir.· 1994-05-23 ·cited 20×
  Chase Manhattan Bank sought attorneys' fees for its role as an innocent stakeholder in an interpleader action arising from a bankruptcy dispute over funds held for Mandalay Shores Cooperative Housing Association. The bankruptcy court denied the fees, characterizing the bank's inv
• Aubry Allen Gulley v. Pierce
  625 So. 2d 45· Fla. 1st DCA· 1993-09-17 ·cited 20×
  In a wrongful death action arising from a truck accident, the appellate court reversed the trial court's refusal to give jury instructions on certain traffic control law violations as evidence of negligence, but affirmed the admission of a criminal homicide detective as an accide