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

• Peterson v. Term Taxi Inc. (sued herein as Terminal Taxi Inc.)
  429 F.2d 888· 2d Cir.· 1970-06-04 ·cited 20×·via Abuse Of Discretion Standard On Appeal
  The court held that dismissing a case for plaintiff's brief absence due to travel, when counsel was prepared and plaintiff was otherwise diligent, constituted an abuse of discretion, and the case should be reopened.
• United States v. Clanton
  419 F.2d 1304· 5th Cir.· 1969-12-16 ·cited 20×
  The court held that the trial court did not abuse its discretion in revoking the appellant's probation.
• United States v. Costa
  425 F.2d 950· 2d Cir.· 1969-12-15 ·cited 20×·via Abuse Of Discretion In Denying Continuance
  The court held that the trial judge did not abuse discretion in denying a continuance to locate the informant and that the defendant's prior conviction could be used for impeachment.
• Cacciatore v. State
  226 So. 2d 137· Fla. 3d DCA· 1969-09-02 ·cited 20×
  Joseph Cacciatore appealed his conviction for breaking and entering with intent to commit grand larceny, challenging denial of his speedy trial right and exclusion of defense witnesses. The Florida District Court of Appeal affirmed the conviction, finding that Cacciatore waived h
• Reed v. State
  224 So. 2d 364· Fla. 4th DCA· 1969-06-30 ·cited 20×
  The appellate court affirmed a conviction for assault with intent to commit a crime against nature, finding no reversible error in the admission of photographs or evidence of similar crimes.
• Lloyd v. Gill
  406 F.2d 585· 5th Cir.· 1969-01-14 ·cited 20×
  The court held that the trial court's findings of negligence and liability were not clearly erroneous and that the denial of a new trial was not an abuse of discretion.
• Thompson v. Fleming
  402 F.2d 266· 5th Cir.· 1968-10-17 ·cited 20×
  The court held that the trial court did not abuse its discretion in denying the motion for a continuance and dismissing the complaint.
• Sessions v. Jelks
  194 So. 2d 307· Fla. 1st DCA· 1967-01-19 ·cited 20×
  An estate administrator objected to claims filed by an estate claimant. The claimant failed to timely institute suit on her claims within the statutory two-month period, but requested an extension based on settlement negotiations. The court upheld the extension, finding that repr
• Lindsey v. United States
  368 F.2d 633· 9th Cir.· 1966-11-10 ·cited 20×
  The court held that the denial of a motion for a new trial based on newly discovered evidence was not an abuse of discretion because the evidence was either impeaching, cumulative, immaterial, or had been repudiated.
• Standard Title Ins. Co. v. Roberts
  349 F.2d 613· 8th Cir.· 1965-08-17 ·cited 20×
  The court held that the trial court did not err in refusing to allow an amendment to conform the pleadings to the evidence, as the issue of indemnification was not tried by express or implied consent of the parties.
• Hines v. Seaboard AIR Line R.R. Co.
  341 F.2d 229· 2d Cir.· 1965-02-10 ·cited 20×
  The denial of a second motion for relief under Rule 60(b), based on new facts and arguments concerning excusable neglect, is an appealable issue.
• Belman Hotel Corp. v. Pierce J. Maher
  170 So. 2d 591· Fla. 3d DCA· 1965-01-19 ·cited 20×
  The appellate court affirmed a lower court's award of attorney fees, finding no abuse of discretion by the chancellor. The appellant failed to object to the decree at the time it was entered and did not demonstrate that the fee award was excessive.
• Milutin Obrenovic v. Alva L. Pilliod
  282 F.2d 874· 7th Cir.· 1960-10-14 ·cited 20×·via Abuse Of Administrative Discretion
  The court held that the delegation of discretionary power to the Attorney General to withhold deportation under Section 243(h) of the Immigration and Nationality Act is constitutional and that the agency's denial of the plaintiff's application was not an abuse of discretion.
• Schiff v. Schiff
  123 So. 2d 295· Fla. 3d DCA· 1960-09-22 ·cited 20×
  In this 1960 Florida divorce case, the appellate court affirmed the trial court's grant of divorce but reversed its denial of alimony to the wife and found the awarded child support of $15 per week inadequate. The court held that a wife may receive alimony despite being found gui
• Gallon v. The Lloyd-Thomas Co.
  261 F.2d 26· 8th Cir.· 1958-11-20 ·cited 20×·via Abuse Of Discretion Standard For New Trial Motions
  The court held that it lacked jurisdiction to hear the appeal because the trial court's orders did not constitute a final decision, as required by 28 U.S.C.A. § 1291, due to the granting of a new trial on some counts without an express determination under Rule 54(b).
• State of Fla. on the relation of I. H. Topp v. Bd. OF Elec. Exam'rs FOR Jacksonville Beach
  101 So. 2d 583· Fla. 1st DCA· 1958-04-01 ·cited 20×
  A court will not disturb an examining board's grading judgment unless it is clearly shown to be arbitrary or devoid of logic and reason, as mandamus lies only to enforce a clearly established legal right, not to direct the exercise of discretion.
• Marlin Dean Hoyt & Robert Frederick Mall v. United States
  252 F.2d 460· 10th Cir.· 1958-01-27 ·cited 20×
  The court held that the trial court did not abuse its discretion in denying appellants' motions to withdraw their guilty pleas, as the pleas were entered voluntarily and with understanding of their rights.
• Nat'l Labor Relations Bd. v. Esquire
  222 F.2d 253· 7th Cir.· 1955-04-29 ·cited 20×
  The court held that the National Labor Relations Board did not abuse its discretion in determining the appropriate bargaining unit or in finding that certain employees were not supervisors.
• United States v. Yager
  220 F.2d 795· 7th Cir.· 1955-03-30 ·cited 20×·via Abuse Of Discretion Standard For Continuance
  The evidence was sufficient to support the guilty verdict, and the trial court did not abuse its discretion in denying the motions for continuance and a new trial.
• Elder v. United States
  142 F.2d 199· 9th Cir.· 1944-01-10 ·cited 20×·via Abuse Of Discretion In Denying Continuance
  The court held that the indictment was sufficient to state a crime, and the trial court did not abuse its discretion in denying the defendant's motions.
• Humphreys v. Commissioner of Internal Revenue
  125 F.2d 340· 7th Cir.· 1942-01-28 ·cited 20×·via Abuse Of Discretion Standard For Evidentiary Rulings
  The court held that income received from protection payments, a proprietary interest in a business, and ransom money are taxable, and business expense deductions are not allowed if the taxpayer is not engaged in a legitimate business.
• Cleo C. Wadsworth v. State
  136 Fla. 134· Fla.· 1939-01-20 ·cited 20×
  Cleo C. Wadsworth was convicted of murder for his role in shooting Ozzie O. Hurst during a planned confrontation. The Florida Supreme Court affirmed the conviction, rejecting Wadsworth's challenges to the trial court's denial of venue change, denial of continuance, and jury instr
• Wendall Jermaine Hall v. Lieutenant Peter Merola
  67 F.4th 1282· 11th Cir.· 2023-05-17 ·cited 19×
  Wendall Hall sued correctional officers under Section 1983 for using chemical agents against him and withholding food in retaliation for filing grievances, but the district court dismissed his claims against two officers on Heck grounds and allowed only nominal damages against a
• Woodbury v. State
  320 So. 3d 631· Fla.· 2021-04-15 ·cited 19×
  Michael Lawrence Woodbury was convicted of first-degree murder for killing his cellmate and sentenced to death while representing himself at trial despite a history of bipolar disorder. The Florida Supreme Court upheld his conviction and death sentence, finding that Woodbury know
• Law Solutions of Chicago, LLC v. Corbett
  971 F.3d 1299· 11th Cir.· 2020-08-21 ·cited 19×
  The Eleventh Circuit affirmed sanctions imposed by a bankruptcy court against Law Solutions of Chicago and UpRight Law LLC, an internet-based bankruptcy law firm, for violating federal bankruptcy law provisions regarding attorney disclosures and debt relief agencies. The law firm
• United States v. Feldman
  931 F.3d 1245· 11th Cir.· 2019-07-30 ·cited 19×
  Isaac Feldman invested in Miami Beach nightclubs that defrauded customers through various schemes, and after an initial conviction was reversed, he was retried and convicted of conspiracy to commit wire fraud and money laundering. The Eleventh Circuit affirmed his convictions and
• State Farm Mut. Auto. Ins. Co. v. Statsick
  231 So. 3d 528· Fla. 2d DCA· 2017-07-14 ·cited 19×
  State Farm appeals the trial court's order vacating a stipulated judgment for $30,000 in a personal injury protection benefits dispute, arguing that the judgment cannot be void merely because the underlying settlement agreement allegedly lacked a meeting of the minds regarding th
• McCLOUD v. State
  208 So. 3d 668· Fla.· 2016-11-17 ·cited 19×
  Robert McCloud was convicted of two counts of first-degree murder in connection with a home invasion robbery in Poinciana, Florida that resulted in the deaths of Dustin Freeman and Tamiqua Taylor. The Florida Supreme Court affirmed his murder convictions but vacated his death sen
• Peterson v. State
  154 So. 3d 275· Fla.· 2014-06-26 ·cited 19×
  Charles Peterson appeals the denial of his postconviction motion for relief challenging his first-degree murder conviction and death sentence for the 1997 murder of John Cardoso during a robbery. The Florida Supreme Court affirmed the circuit court's denial, finding that Peterson
• Allstate Ins. Co. v. Marotta
  125 So. 3d 956· Fla. 4th DCA· 2013-06-05 ·cited 19×
  Allstate Insurance Company appeals a jury verdict awarding $441,000 to Anthony Marotta for injuries from an uninsured motorist accident, arguing the trial court erred in denying its motion for new trial based on improper closing argument and expert witness impeachment by Marotta'
• Petruschke v. State
  125 So. 3d 274· Fla. 4th DCA· 2013-03-06 ·cited 19×
  Luke Petruschke was convicted of two counts of lewd and lascivious molestation of a three-year-old child. The Fourth District Court of Appeal reversed his convictions and remanded for a new trial due to improper prosecutorial closing arguments, while addressing evidentiary issues
• Alsina v. Gonzalez
  83 So. 3d 962· Fla. 4th DCA· 2012-03-21 ·cited 19×
  The court held that dismissal of a complaint as a sanction for attorney's noncompliance with court orders requires consideration of the Kozel factors, and failure to do so warrants reversal.
• River Bridge Corp. v. Am. Somax Ventures
  76 So. 3d 986· Fla. 4th DCA· 2011-11-30 ·cited 19×
  River Bridge Corporation appealed a judgment and attorney's fee award in favor of American Somax Ventures. The appellate court reversed 85% of the underlying judgment for breach of a right of first refusal claim due to speculative damages testimony. The court held that the trial
• Demont v. Demont
  67 So. 3d 1096· Fla. 1st DCA· 2011-07-12 ·cited 19×
  In this marital dissolution appeal, the First District Court of Appeal addressed whether bridge-the-gap and nominal permanent alimony were appropriately awarded to a former wife after an 18.5-year marriage, and whether a non-compete payment constituted a marital asset subject to
• Eyal Avi-Isaac v. Wells Fargo Bank
  59 So. 3d 174· Fla. 2d DCA· 2011-03-02 ·cited 19×·via Gross Abuse Of Discretion
  Eyal Avi-Isaac purchased property at a foreclosure sale for $2,000 when its assessed value was $100,600. Wells Fargo, the mortgagee, sought to vacate the sale claiming it had requested cancellation before the sale occurred. The court reversed because the trial court granted Wells
• Jacquelyn Bennett and Bobbie Sue Miller v. Marie-Christine Berges
  50 So. 3d 1154· Fla. 4th DCA· 2010-12-08 ·cited 19×
  In this probate dispute, the trial court sanctioned appellants Bennett and Miller by awarding attorney's fees against them personally for vexatious litigation conduct. The appellate court affirmed the imposition of sanctions but reversed and remanded the fee award as excessive, f
• Kates v. State
  41 So. 3d 1044· Fla. 1st DCA· 2010-08-10 ·cited 19×
  Phillip Kates appealed his convictions for fleeing or attempting to elude, resisting an officer without violence, and possession of cannabis. The Florida appellate court reversed and remanded for a new trial, holding that the trial court erred in admitting detailed testimony abou
• Dany Gilbert v. Eckerd Corp. OF Fla., Inc.
  34 So. 3d 773· Fla. 4th DCA· 2010-05-12 ·cited 19×
  The court held that dismissal for fraud on the court was improper because the moving party failed to provide clear and convincing evidence and the trial court failed to resolve a key factual dispute.
• McKENNA v. McKENNA
  31 So. 3d 890· Fla. 4th DCA· 2010-03-24 ·cited 19×
  The court held that in a split custody situation where both parents earn income, it is an abuse of discretion not to award child support to the parent with custody of a child and to offset that amount from the support owed to the other parent.
• J.S. v. Fla. Dep't OF Child. & Families
  18 So. 3d 1170· Fla. 1st DCA· 2009-09-29 ·cited 19×
  This case involves appeals from a trial court's decision in a child dependency case where the court terminated the mother's parental rights but declined to terminate the father's rights, instead placing the child in permanent guardianship. The appellate court reversed both orders
• Stough v. Laurel L. Stough
  18 So. 3d 601· Fla. 1st DCA· 2009-04-24 ·cited 19×
  The appellate court withdrew its prior opinion and substituted a clarifying opinion regarding the former wife's appeal of the trial court's findings on her income for alimony and child support.
• Long Beach Mortg. Corp. v. Bebble
  985 So. 2d 611· Fla. 4th DCA· 2008-06-11 ·cited 19×·via Gross Abuse Of Discretion
  Long Beach Mortgage Corporation appealed the trial court's denial of its motion to set aside a foreclosure sale where its property sold for $1,000 despite being valued at $500,000. The appellate court reversed, holding that the grossly inadequate price combined with irregularitie
• Health Options, Inc. v. Palmetto Pathology Servs., P.A.
  983 So. 2d 608· Fla. 3d DCA· 2008-04-16 ·cited 19×·via Abuse Of Discretion Standard For Evidentiary Rulings
  Health Options, Inc. (HOI), a health maintenance organization, appeals a directed verdict finding it liable to Palmetto Pathology Services (PPS), a group of pathologists, for unpaid professional pathology services rendered to HOI members. The Florida appellate court affirmed, hol
• Ellender v. Bricker
  967 So. 2d 1088· Fla. 2d DCA· 2007-11-14 ·cited 19×
  The appellate court reversed in part a trial court's decision concerning a mortgage foreclosure dispute, specifically addressing the application of the unclean hands doctrine, damages, and a borrower's counterclaim under the Florida Deceptive and Unfair Trade Practices Act.
• Swait v. Swait
  958 So. 2d 552· Fla. 4th DCA· 2007-06-13 ·cited 19×
  The court held that the trial court erred in granting a motion to dismiss for lack of prosecution because the appellee failed to provide the required notice and opportunity to recommence prosecution under the amended rule.
• Eduardo S. Mendez, M.D. v. Fla. Dep't OF Health
  943 So. 2d 909· Fla. 1st DCA· 2006-12-01 ·cited 19×
  Dr. Eduardo Mendez appeals a Board of Medicine disciplinary order suspending his medical license for nine months, imposing a $5,000 fine, and placing him on probation with conditions including supervision requirements and prohibition on dispensing controlled substances. The court
• Gables Club Marina, LLC v. The Gables Condo. & Club Ass'n, Inc.
  948 So. 2d 21· Fla. 3d DCA· 2006-11-29 ·cited 19×
  Gables Club Marina appeals the trial court's vacatur of a default judgment it obtained against the Gables Condominium and Club Association. The court affirms, holding that the trial court did not abuse its discretion in vacating the default because the Condo Association demonstra
• The Doctors Co. v. State
  940 So. 2d 466· Fla. 1st DCA· 2006-09-13 ·cited 19×
  The Doctors Company appealed a breach of contract judgment where a Florida court awarded the Department of Financial Services $17.9 million in damages on behalf of the receiver of Caduceus Self-Insurance Fund. The appellate court affirmed, holding that the trial court properly ex
• Bordelon v. State
  908 So. 2d 543· Fla. 1st DCA· 2005-07-29 ·cited 19×·via Abuse Of Discretion In Limiting Cross-Examination
  The Florida First District Court of Appeal reversed Reginald Bordelon's conviction for giving a false name to a law enforcement officer, holding that the trial court improperly curtailed his right to recross-examine the State's only witness on new material introduced during redir
• DiCHRISTOPHER v. Bd. OF Cnty. Comm'rs
  908 So. 2d 492· Fla. 5th DCA· 2005-06-10 ·cited 19×
  DiChristopher appealed the dismissal of his request for a temporary injunction to stop Brevard County's mosquito control flooding of his property. The Fifth District affirmed the trial court's denial, holding that DiChristopher had an adequate remedy at law through inverse condem