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

• Boling v. United States
  231 F.2d 926· 9th Cir.· 1956-01-23 ·cited 18×
  The court held that the trial court did not abuse its discretion in dismissing the case for failure to prosecute, even after a prior reinstatement, due to the prejudice suffered by the government caused by the plaintiff's prolonged inaction.
• Stafford v. Russell
  220 F.2d 853· 9th Cir.· 1955-03-30 ·cited 18×
  The court held that the appeal from the dismissal order was untimely, and the denial of the motion to vacate was not an abuse of discretion.
• United States v. Johnson
  149 F.2d 31· 7th Cir.· 1945-05-02 ·cited 18×
  The court held that the additional evidence presented on the amended motion for a new trial was insufficient because it was merely cumulative and impeaching, and would likely not produce a different verdict.
• Weiner v. Nat'l Tinsel MFG. Co.
  123 F.2d 96· 7th Cir.· 1941-10-24 ·cited 18×
  The court held that the district court did not abuse its discretion in granting a preliminary injunction against the defendant's use of trade names that simulated the plaintiffs' registered trademarks.
• Cornes v. United States
  119 F.2d 127· 9th Cir.· 1941-04-11 ·cited 18×
  The court held that the indictment was valid, the evidence was properly admitted, and the trial court did not err in its rulings. The judgment of conviction is affirmed.
• Hamp Andrews v. State
  134 Fla. 450· Fla.· 1938-10-24 ·cited 18×·via Abuse Of Discretion Standard For Continuance
  Hamp Andrews was convicted of larceny of a cow and appealed, claiming the trial court erred in denying his motion for continuance and that the evidence was insufficient. The Florida Supreme Court affirmed, finding the motion failed to meet established requirements and the evidenc
• Harbourside Place, LLc v. Town of Jupiter
  958 F.3d 1308· 11th Cir.· 2020-05-14 ·cited 17×
  The court held that the district court did not abuse its discretion in denying a preliminary injunction, finding that the plaintiff failed to establish a likelihood of success on its claims that it qualifies as an outdoor venue and that the challenged sections of the Jupiter Code
• Williamson v. Travelport, LP
  953 F.3d 1278· 11th Cir.· 2020-03-27 ·cited 17×
  Angela Henderson Williamson challenged Travelport's calculation of her pension benefits under the Employee Retirement Income Security Act, claiming the plan administrator improperly computed her final average compensation and months of service, and failed to timely disclose requi
• Magda Sanchez K/N/A Magda Rodriguez v. Neymee Sanchez
  285 So. 3d 969· Fla. 3d DCA· 2019-11-13 ·cited 17×
  The appellate court affirmed the trial court's denial of a motion to vacate orders related to adopted children. The appellant argued these orders were void because the trial court lost subject matter jurisdiction after entering final dissolution and adoption judgments. The court
• Talley v. State
  260 So. 3d 562· Fla. 3d DCA· 2019-01-09 ·cited 17×
  The trial court did not abuse its discretion in denying the motion for mistrial because the family members' non-verbal emotional outburst was not directed at the jury and the members appropriately exited the courtroom; the trial court did not abuse its discretion in denying speci
• Glover v. State
  226 So. 3d 795· Fla.· 2017-09-14 ·cited 17×
  Dennis T. Glover was convicted of first-degree murder in the death of Sandra Allen and sentenced to death based on a 10-2 jury recommendation. The Florida Supreme Court affirmed his conviction as supported by substantial circumstantial evidence but vacated his death sentence due
• Harrel Franklin Braddy v. State
  219 So. 3d 803· Fla.· 2017-06-15 ·cited 17×
  Harrel Braddy, sentenced to death for kidnapping, murder, and other crimes, appeals the denial of postconviction relief. The Florida Supreme Court affirmed the denial of a new guilt phase trial but vacated the death sentence and granted a new penalty phase based on Hurst v. Flori
• Staples v. State
  202 So. 3d 28· Fla.· 2016-10-06 ·cited 17×
  The Florida Supreme Court resolved a conflict among district courts regarding whether a sex offender's refusal to admit sexual misconduct can constitute a willful and substantial violation of probation when the admission requirement is imposed by a treatment program rather than b
• Lesnik v. Duval Ford, LLC
  185 So. 3d 577· Fla. 1st DCA· 2016-01-28 ·cited 17×
  Shaun Lesnik appeals a summary judgment in favor of Duval Ford and Burkins Chevrolet following a truck accident that caused him severe injuries. The court affirmed the summary judgment, holding that the trial court properly struck the expert affidavit as contradicting prior depos
• Guardado v. State
  176 So. 3d 886· Fla.· 2015-04-16 ·cited 17×
  Jesse Guardado, sentenced to death for the first-degree murder and robbery of Jackie Malone, appealed the denial of postconviction relief under Florida Rule of Criminal Procedure 3.851, claiming ineffective assistance of counsel. The Florida Supreme Court affirmed the denial, fin
• Moore v. Moore
  157 So. 3d 435· Fla. 2d DCA· 2015-02-06 ·cited 17×
  The court held that the trial court abused its discretion by failing to consider the husband's business expenses when calculating his net monthly income for alimony and child support.
• Dep't OF Child. & Families v. T.S.
  154 So. 3d 1223· Fla. 4th DCA· 2015-01-21 ·cited 17×
  The trial court committed fundamental error and violated due process by dismissing a dependency petition without notice or an opportunity for the child or DCF to be heard.
• Suntrust Mortg. v. Torrenga
  153 So. 3d 952· Fla. 4th DCA· 2014-12-10 ·cited 17×
  The court held that the trial court abused its discretion by denying the motion to vacate dismissal based on excusable neglect due to counsel's clerical error.
• Selph v. Decirena Selph
  144 So. 3d 676· Fla. 4th DCA· 2014-08-13 ·cited 17×
  The court held that the trial court erred in entering a domestic violence injunction because the evidence presented was not legally sufficient to support a finding of domestic violence as defined by statute.
• Vargas v. Deutsche Bank Nat'l Tr. Co.
  104 So. 3d 1156· Fla. 3d DCA· 2012-11-28 ·cited 17×
  Rogelio Vargas appealed from an order affirming a general magistrate's denial of his motion to enforce a purported loan modification agreement allegedly reached at a January 29, 2009 court hearing. The Florida appellate court affirmed, holding that the trial court lacked authorit
• Elmer v. State
  114 So. 3d 198· Fla. 5th DCA· 2012-10-12 ·cited 17×
  Elmer was convicted of three counts of capital sexual battery on a child under twelve. The Florida appellate court reversed, finding the trial court abused its discretion by prohibiting the defendant from using a prior inconsistent statement from a 1995 police report to impeach t
• Thompson v. State
  88 So. 3d 322· Fla. 4th DCA· 2012-05-02 ·cited 17×
  The court held that any prejudice from the State's voir dire questions was cured by the trial court's instructions, and improper closing arguments did not constitute fundamental error.
• Heyne v. State
  88 So. 3d 113· Fla.· 2012-04-19 ·cited 17×
  Justin Curtis Heyne was convicted of three first-degree murders and sentenced to death for killing five-year-old Ivory Hamilton. The Florida Supreme Court affirmed his convictions and death sentence, rejecting arguments that the evidence was insufficient to prove premeditation, t
• Brown v. State
  45 So. 3d 110· Fla. 1st DCA· 2010-09-23 ·cited 17×
  Abraham Brown appeals his convictions after the trial court denied his unequivocal request to withdraw his self-representation and have counsel appointed. The court held that Brown clearly changed his mind about self-representation when he learned co-counsel would not be appointe
• Williams v. State
  34 So. 3d 768· Fla. 2d DCA· 2010-05-12 ·cited 17×
  John Williams appeals his convictions for aggravated battery and simple battery arising from a parking lot fight in Temple Terrace, Florida. The court affirms both convictions, holding that the trial court properly refused to give a jury instruction on independent acts because Wi
• Sourcetrack, LLC v. Ariba, Inc.
  34 So. 3d 766· Fla. 2d DCA· 2010-05-07 ·cited 17×
  The trial court erred in awarding appellate attorney's fees without competent, substantial evidence, specifically expert testimony on reasonableness, and the court disapproved the order in part.
• Phoenix Holding, LLC v. Martinez
  27 So. 3d 791· Fla. 3d DCA· 2010-02-17 ·cited 17×
  A trial court commits a gross abuse of discretion by setting aside a foreclosure sale based solely on notions of fairness or benevolence, without meeting the required legal grounds.
• Bass v. City OF Pembroke Pines
  991 So. 2d 1008· Fla. 4th DCA· 2008-10-08 ·cited 17×
  Wendy Bass appeals the dismissal of her negligence complaint against the City of Pembroke Pines for sanctions imposed due to fraud upon the court. The trial court dismissed her complaint after finding she intentionally failed to disclose significant medical history, including a d
• Gosciminski v. State
  994 So. 2d 1018· Fla.· 2008-10-08 ·cited 17×
  Andrew Gosciminski was convicted of first-degree murder, robbery with a deadly weapon, and burglary of a dwelling, and sentenced to death for the murder of Joan Loughman. The Florida Supreme Court reversed and remanded for a new trial, finding that the trial court committed multi
• U.S. Bank Nat'l Ass'n v. Lloyd
  981 So. 2d 633· Fla. 2d DCA· 2008-05-21 ·cited 17×
  U.S. Bank obtained a clerk's default and default judgment in a quiet title action after Lloyd failed to serve notice of the default application on the Bank's counsel. The Second District Court of Appeal reversed, holding that Lloyd had actual knowledge the Bank was represented by
• Campagna v. Cope
  971 So. 2d 243· Fla. 2d DCA· 2008-01-04 ·cited 17×
  Mary Kate Campagna appeals a dissolution judgment denying her claim for retroactive child support because she filed the petition after her youngest child turned eighteen. The court held that Florida's retroactive child support statute permits a parent to recover support even afte
• Marshall v. State
  976 So. 2d 1071· Fla.· 2007-12-06 ·cited 17×
  Matthew Marshall, a death row inmate, appealed the trial court's denial of his second postconviction relief motion alleging juror misconduct. The Florida Supreme Court affirmed, holding that the trial court properly conducted a limited juror interview pursuant to the court's prio
• Salazar v. Helicopter Structural & Maint., Inc.
  986 So. 2d 620· Fla. 2d DCA· 2007-11-07 ·cited 17×
  In this product liability case arising from a fatal 2004 helicopter crash, the court reversed a trial court's award of $21,540.35 in attorney's fees under Florida Statute § 57.105 against plaintiffs who sued Helicopter Structural & Maintenance, Inc. (HSM). The court held that pla
• MacIas v. State
  959 So. 2d 782· Fla. 4th DCA· 2007-06-20 ·cited 17×
  The court held that the trial court did not abuse its discretion in admitting similar fact testimony under the Williams Rule, as the charged offense and collateral act were strikingly similar and relevant to a material fact.
• Lawson v. State
  941 So. 2d 485· Fla. 5th DCA· 2006-11-03 ·cited 17×
  The Fifth District Court of Appeal upheld the revocation of Sammy Lawson's probation for willfully violating a drug treatment program condition. The court held that a trial court does not abuse its discretion in revoking probation when a defendant is discharged from a court-order
• S. Riverwalk Invs., LLC v. City OF Fort Lauderdale
  934 So. 2d 620· Fla. 4th DCA· 2006-07-26 ·cited 17×
  South Riverwalk Investments and the Jackson Marital Trust appealed the dismissal of their declaratory judgment action seeking to determine whether their site plan application with the City of Fort Lauderdale remained pending. The court reversed, holding that plaintiffs stated a v
• Vazquez v. Violeta M. Vazquez
  922 So. 2d 368· Fla. 4th DCA· 2006-03-01 ·cited 17×
  A husband appeals the trial court's denial of his petition to modify alimony and child support obligations following his termination from employment. The court affirmed, holding that the husband's job loss resulted from his own voluntary misconduct and that the trial court proper
• Butler v. Guardianship OF Mallie S. Peacock
  898 So. 2d 1139· Fla. 5th DCA· 2005-04-01 ·cited 17×
  The trial court did not abuse its discretion in awarding only a portion of attorney's fees and costs, as services rendered after the dispute over permanent guardianship arose did not benefit the ward.
• Schmitz v. Schmitz
  891 So. 2d 1140· Fla. 4th DCA· 2005-01-26 ·cited 17×
  The appellate court affirmed the trial court's order denying additional interim fees and costs, finding the decision was within the trial court's broad discretion.
• Eliakim v. State
  884 So. 2d 57· Fla. 4th DCA· 2004-03-10 ·cited 17×
  Alberto Eliakim appeals his conviction for trafficking and possession of MDMA, arguing the trial court erroneously excluded cross-examination evidence about his co-defendant's prior drug dealings and a state witness's prior relationships with persons arrested under her plea agree
• Jordan v. Brown
  855 So. 2d 231· Fla. 1st DCA· 2003-09-26 ·cited 17×
  The Jordans appealed a trial court order granting a new trial in a dog-bite injury case where the jury had found in their favor, finding no injury to the plaintiff. The appellate court reversed, holding that the trial court abused its discretion by granting the new trial based on
• Munnerlyn v. Wingster
  825 So. 2d 481· Fla. 5th DCA· 2002-08-30 ·cited 17×
  A Florida father appealed a trial court's dismissal of his paternity and child custody petition for lack of subject matter jurisdiction. The court affirmed the dismissal, holding that Florida lacked jurisdiction because the child's home state was Michigan, and conception in Flori
• Fasig v. Fasig
  830 So. 2d 839· Fla. 2d DCA· 2002-06-14 ·cited 17×
  Margaret Fasig appeals the trial court's denial of her continuance motion in a dissolution of marriage case, which prevented her from presenting evidence about the value of marital assets. The appellate court reversed, finding that the denial of the continuance violated the wife'
• Davis v. State
  796 So. 2d 1222· Fla. 4th DCA· 2001-10-10 ·cited 17×
  Davis appealed his nine-year prison sentence imposed after revocation of his probation for lewd and lascivious conduct with a child under 16. The court affirmed the revocation, finding that Davis willfully violated a no-contact condition by visiting the victim's residence multipl
• Carr v. Reese
  788 So. 2d 1067· Fla. 2d DCA· 2001-05-25 ·cited 17×
  Martha Carr appeals a default judgment for failure to respond to discovery requests in a property dispute. The court found the trial court abused its discretion in entering the default judgment and in refusing to set it aside entirely, holding that the judgment punished Carr for
• Wiley Webb v. Town Council OF Town OF Hilliard
  766 So. 2d 1241· Fla. 1st DCA· 2000-09-25 ·cited 17×
  Webb appealed the dismissal of his complaint challenging the Town Council's grant of a special zoning exception to McKinnon without compliance with statutory notice and hearing requirements. The court reversed, holding that a complaint for declaratory judgment and mandamus is a p
• Torres v. Matsushita Elec. Corp.
  762 So. 2d 1014· Fla. 5th DCA· 2000-07-14 ·cited 17×
  Plaintiff Jacqueline Torres sued Matsushita Electric for injuries from a vacuum cleaner fire, asserting strict liability and negligent design claims. The trial court dismissed the case with prejudice after the plaintiff's attorney negligently destroyed the vacuum cleaner—the crit
• Rollins, Inc. v. Parker
  755 So. 2d 839· Fla. 5th DCA· 2000-05-05 ·cited 17×
  Rollins appealed the denial of its temporary injunction application against Parker for allegedly violating a non-compete agreement. The court affirmed the trial court's denial, holding that Georgia law governed the agreement and that Rollins failed to demonstrate the requisite el
• State v. Hossain Rajaee
  745 So. 2d 469· Fla. 5th DCA· 1999-11-19 ·cited 17×
  A defendant's personal mistake concerning his citizenship status, not attributable to the court or government, does not render a plea involuntary and does not constitute grounds for withdrawal under Florida Rule of Criminal Procedure 3.170(i). The trial court must follow the proc
• Loryvette Jones v. State
  730 So. 2d 349· Fla. 4th DCA· 1999-03-17 ·cited 17×·via Abuse Of Discretion Standard On Appeal
  The court held that the evidence was insufficient to demonstrate a willful and substantial violation of probation, thus reversing the order of revocation.