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

• Mathers v. Brown
  21 So. 3d 834· Fla. 4th DCA· 2009-09-09 ·cited 16×
  William Mathers appealed a dissolution of marriage judgment, challenging the trial court's determination that the entire appreciation in his stock portfolio was marital property rather than apportioning it between passive and active appreciation. The Fourth District affirmed, hol
• Milkey v. State
  16 So. 3d 172· Fla. 2d DCA· 2009-07-24 ·cited 16×
  Milkey appealed his probation revocation conviction, arguing the trial court committed reversible error by failing to conduct a Nelson inquiry before denying his request to discharge his court-appointed counsel. The court reversed, holding that the trial court's failure to conduc
• Riley v. Riley
  14 So. 3d 1284· Fla. 2d DCA· 2009-07-10 ·cited 16×·via Abuse Of Discretion Standard For Continuance
  Michael Riley appeals a final judgment of dissolution of marriage in a 26-year marriage, challenging the magistrate's denial of his motion for continuance to retain counsel and other rulings. The court reversed and remanded, finding the magistrate abused its discretion in denying
• Odell Rutledge v. State
  1 So. 3d 1122· Fla. 1st DCA· 2009-01-21 ·cited 16×
  Odell Rutledge was convicted by jury of two counts of sexual battery against a minor under his custodial authority. On appeal, Rutledge challenged the adequacy of the trial court's Nelson inquiry regarding ineffective assistance of counsel, the failure to conduct a Faretta hearin
• Kaiser v. Harrison
  985 So. 2d 1226· Fla. 5th DCA· 2008-07-18 ·cited 16×
  In this family law appeal, Kaiser challenges a trial court's modification of child support and paternity judgment, including a $35,000 attorney's fee award to Harrison and an order requiring him to pay 57% of private school expenses. The court affirmed the private school expense
• Jackson v. State
  979 So. 2d 1153· Fla. 5th DCA· 2008-04-18 ·cited 16×
  The court held that the trial court did not abuse its discretion in admitting a partially inaudible audiotape into evidence, as there was sufficient evidence of its authenticity and relevance.
• Schwartz v. Schwartz
  965 So. 2d 832· Fla. 1st DCA· 2007-08-29 ·cited 16×
  The court held that the trial court abused its discretion in denying the former wife's request for attorney's fees by failing to properly consider the parties' financial resources and needs.
• Jones v. State
  964 So. 2d 167· Fla. 5th DCA· 2007-06-22 ·cited 16×
  Jimmy Lee Jones appealed the revocation of his probation, arguing that the State failed to comply with statutory requirements to toll his probationary period. The court agreed that neither a proper affidavit nor an arrest warrant was issued during the probation term, lacking juri
• Pereda v. Parajon
  957 So. 2d 1194· Fla. 3d DCA· 2007-03-28 ·cited 16×
  In this personal injury case arising from a motor vehicle accident, the court reversed the trial court's denial of a motion for new trial based on juror nondisclosure. Juror Lisa Berg, a lawyer and law firm shareholder, failed to disclose her prior personal injury litigation hist
• Neal v. Swaby
  975 So. 2d 431· Fla. 2d DCA· 2007-03-23 ·cited 16×
  Michael Neal appeals a paternity order in which the trial court established his paternity but denied him visitation with his two children and awarded sole parental responsibility to Heather Swaby. The appellate court affirmed the paternity determination but reversed and remanded
• Glenna Fisher v. Perez
  947 So. 2d 648· Fla. 3d DCA· 2007-01-24 ·cited 16×·via Abuse Of Discretion Standard For New Trial Motions
  Fisher appeals the trial court's denial of her motion for continuance when her sole medical expert, Dr. Piper, became unexpectedly unavailable due to post-surgical complications the day before trial in a personal injury lawsuit. The Third District reversed, finding the trial cour
• Fla. Inst. FOR Neurologic Rehab., Inc. v. Una Marshall and Russell Lieux
  943 So. 2d 976· Fla. 2d DCA· 2006-12-08 ·cited 16×·via Abuse Of Discretion Standard For Evidentiary Rulings
  Florida Institute for Neurologic Rehabilitation appeals a $2.5 million wrongful death judgment, challenging the trial court's admission of a medical examiner's opinion that the death was a homicide and exclusion of law enforcement testimony. The court affirmed, holding that the t
• Ferreiro v. State
  936 So. 2d 1140· Fla. 3d DCA· 2006-08-16 ·cited 16×
  The court held that the trial court did not abuse its discretion in admitting child hearsay statements or in limiting voir dire.
• Bozeman v. State
  931 So. 2d 1006· Fla. 4th DCA· 2006-06-07 ·cited 16×
  A defendant who pushes a recently stolen automobile while another person steers and controls it exercises sufficient dominion and control to constitute joint possession, permitting a jury instruction that the defendant is presumed to have known the property was stolen unless he p
• Elwood J. Hunnewell, Jr. v. Palm Beach Cnty.
  925 So. 2d 468· Fla. 4th DCA· 2006-04-12 ·cited 16×
  Plaintiff appealed the dismissal of his complaint for failure to prosecute under Florida Rule of Civil Procedure 1.420(e). The Fourth District Court of Appeal reversed, holding that the trial court's order denying an earlier motion to dismiss constituted record activity that prec
• Boudot v. Boudot
  925 So. 2d 409· Fla. 5th DCA· 2006-03-31 ·cited 16×
  In this dissolution of marriage case, the former wife appealed the trial court's denial of her motion for attorney's fees based on her failure to file within 30 days of the final judgment. The appellate court reversed, finding the trial court abused its discretion in denying the
• Whitby v. State
  933 So. 2d 557· Fla. 3d DCA· 2006-02-15 ·cited 16×
  Edgar Whitby appeals his battery conviction, challenging the trial court's failure to conduct a Neil inquiry regarding the State's peremptory challenge of a white male juror and the denial of his cause challenge to another juror. The Third District Court of Appeal reverses, holdi
• Scott v. Busch
  907 So. 2d 662· Fla. 5th DCA· 2005-07-29 ·cited 16×
  Attorney Scott appealed an award of attorney fees and costs against him under section 57.105 of the Florida Statutes after the trial court dismissed his client's slander complaint for failure to state a cause of action. The appellate court reversed, holding that the second amende
• Golian v. Tom Wollschlager, D.M.D.
  893 So. 2d 666· Fla. 1st DCA· 2005-02-17 ·cited 16×
  The court held that the trial court did not abuse its discretion regarding jury instructions or expert witness cross-examination, but did err in awarding expert witness fees without sufficient evidence of necessity and reasonableness.
• E.A. v. Dep't of Child. & Families
  894 So. 2d 1049· Fla. 5th DCA· 2005-01-28 ·cited 16×
  A father appeals the termination of his parental rights based on implied consent from arriving 22 minutes late to an adjudicatory hearing. The court reversed, holding that the trial judge abused discretion in applying the default rule without considering the reasonableness of the
• Woods v. State
  879 So. 2d 651· Fla. 5th DCA· 2004-07-02 ·cited 16×
  Willie Mack Woods appeals his sentence for violation of probation and the denial of his motion to withdraw his plea. The Fifth District Court of Appeal reversed the trial court's order requiring Woods to pay supplemental attorney's fees as a condition of probation because the tri
• Animal Rights Found. OF Fla., Inc. v. Siegel
  867 So. 2d 451· Fla. 5th DCA· 2004-02-06 ·cited 16×
  The Animal Rights Foundation of Florida appealed a temporary injunction prohibiting it from making specific statements and picketing regarding alleged animal abuse at a timeshare resort. The court reversed, holding that the injunction improperly restricted the Foundation's First
• Leander J. Coblentz, Jr. v. State
  855 So. 2d 681· Fla. 2d DCA· 2003-10-01 ·cited 16×·via Gross Abuse Of Discretion
  Leander Coblentz appealed the denial of his motion for relief from judgment challenging his sexual predator designation following a 1999 guilty plea to sexual crimes. The court reversed, finding the trial court grossly abused its discretion by denying the motion without addressin
• Blackshear v. State
  838 So. 2d 1228· Fla. 1st DCA· 2003-03-07 ·cited 16×
  In this probation revocation appeal, the Florida District Court of Appeal reversed the trial court's finding of a violation of standard condition six (excessive intoxicant use) due to insufficient evidence, but affirmed the finding regarding condition one (failure to submit month
• Brown v. State
  813 So. 2d 202· Fla. 2d DCA· 2002-04-03 ·cited 16×
  The court held that the State failed to prove willful and substantial violations of community control conditions, specifically being away from residence and failing to complete community service hours.
• Davis v. Caterpillar, Inc.
  787 So. 2d 894· Fla. 3d DCA· 2001-05-02 ·cited 16×
  Donald Davis was struck by a Caterpillar excavator while working as a construction laborer, resulting in the amputation of his leg below the knee. The trial court excluded expert testimony on defective design and entered judgment notwithstanding the verdict for the defendants, bu
• Graham v. State
  779 So. 2d 604· Fla. 2d DCA· 2001-02-28 ·cited 16×
  Harold Graham sought to withdraw his guilty plea prior to sentencing after discovering that his attorney had given him mistaken advice regarding a collateral consequence of the plea. The Florida appellate court held that Graham established good cause for withdrawal because his pl
• Slocum v. State
  757 So. 2d 1246· Fla. 4th DCA· 2000-05-10 ·cited 16×
  Brian Slocum was convicted of first-degree murder in the death of two-year-old Brittany Vinson. Slocum confessed to police during voluntary interviews that he strapped Brittany into a car seat and kicked her into a swimming pool in anger after she misbehaved, then staged the scen
• Langon v. State
  791 So. 2d 1105· Fla. 4th DCA· 1999-07-28 ·cited 16×
  Steven Langon appealed his conviction for first-degree murder with a firearm and related charges, challenging the trial court's acceptance of his waiver of the right to counsel and denial of a continuance. The Fourth District affirmed the conviction, holding that although the tri
• Cleomene Alexandre and Edner Francois v. Staci Lee Meyer
  732 So. 2d 44· Fla. 4th DCA· 1999-05-05 ·cited 16×
  A plaintiff's demand for judgment under section 768.79 is not made in bad faith solely because the defendant's insurance policy limits are lower than the demand amount.
• Brower v. State
  727 So. 2d 1026· Fla. 4th DCA· 1999-02-17 ·cited 16×
  A trial court does not abuse its discretion in refusing to strike an entire venire when prospective jurors make offensive prejudicial comments during voir dire, provided that the offending jurors are excused, the remaining jurors are questioned and show no evidence of bias, and t
• J.L.O. v. State
  721 So. 2d 440· Fla. 5th DCA· 1998-12-04 ·cited 16×
  A juvenile court's departure from a recommended residential placement level is permissible when supported by valid reasons beyond mere facility unavailability; here, the child's history of domestic violence, repeated violations of community control, refusal to reside at home, and
• McKEE v. State
  712 So. 2d 837· Fla. 2d DCA· 1998-07-08 ·cited 16×
  Robert McKee appealed his conviction for lewd and lascivious act on a child and contributing to the delinquency of a child, arguing that the trial court erroneously excluded evidence showing the alleged victims' bias and failed to re-read testimony when the jury requested clarifi
• Anderson v. State
  711 So. 2d 230· Fla. 4th DCA· 1998-05-27 ·cited 16×
  Gary Anderson appeals his cocaine trafficking conviction, challenging the trial court's allowance of a peremptory challenge striking an African-American juror and denial of a mistrial motion based on a witness's comment on his right to remain silent. The appellate court affirmed,
• Ford v. Ford
  700 So. 2d 191· Fla. 4th DCA· 1997-09-03 ·cited 16×
  In this custody appeal, the Fourth District Court of Appeal reversed a trial court's award of primary residential custody to the father and restored custody to the mother, finding that the trial court abused its discretion by failing to adequately address an established pattern o
• Bennett v. State
  684 So. 2d 242· Fla. 2d DCA· 1996-12-04 ·cited 16×
  David Keith Bennett appeals the revocation of his probation, which was based solely on his failure to complete a sex offender treatment program after refusing to admit to sexually deviant conduct. The Florida District Court of Appeal reversed, holding that Bennett's refusal to ad
• Gray v. Russell Corp.
  681 So. 2d 310· Fla. 1st DCA· 1996-10-15 ·cited 16×
  Gray and White, two Black employees of Russell Corporation, appealed a Commission on Human Relations decision affirming their discharge for taking food at an unauthorized company luncheon. The court affirmed, finding the hearing officer's determination that Russell presented a le
• Baker v. State
  674 So. 2d 199· Fla. 4th DCA· 1996-05-29 ·cited 16×
  The appellate court affirmed in part and reversed in part the revocation of Matthew Baker's probation for lewd and lascivious acts upon his daughters, finding no abuse of discretion in the child's competency to testify.
• THE Florida BAR v. Lechtner
  666 So. 2d 892· Fla.· 1996-01-18 ·cited 16×
  The Florida Supreme Court reviewed a disciplinary case against attorney Nancy Margaret Lechtner, who was convicted of federal crimes including bribery and racketeering related to paying judges for court appointments. The Court affirmed Lechtner's disbarment for ten years and reve
• Decker v. Decker
  660 So. 2d 1162· Fla. 4th DCA· 1995-09-27 ·cited 16×
  Herbert Decker appealed a final divorce judgment that awarded his ex-wife Joan permanent alimony of $2,695/month and child support of $924/month, along with asset distribution and medical expense obligations. The court found the cumulative effect of these awards constituted an ab
• Lahti v. Porn
  624 So. 2d 765· Fla. 4th DCA· 1993-09-15 ·cited 16×
  The Fourth District Court of Appeal reversed a trial court's dismissal with prejudice of a plaintiff's complaint based on counsel's failure to attend a calendar call and comply with pretrial orders. The court held that dismissal is a drastic remedy that should be reserved for wil
• Hebert v. State
  614 So. 2d 493· Fla.· 1993-02-25 ·cited 16×
  Florida Supreme Court held that when a defendant enters a plea agreement that expressly leaves restitution to the trial court's discretion, the court may impose restitution exceeding the statutory dollar limit of the reduced offense, provided there is no abuse of discretion. The
• United States v. Neely
  980 F.2d 1074· 7th Cir.· 1992-11-18 ·cited 16×
  The court affirmed the convictions, finding no merit in the defendants' challenges to evidentiary rulings and prosecutorial conduct.
• Wildbur v. Arco Chem. Co.
  974 F.2d 631· 5th Cir.· 1992-10-12 ·cited 16×
  The court held that a district court is not confined to the administrative record when reviewing an ERISA plan administrator's decision under an abuse of discretion standard, and that the lower court erred in limiting its review.
• Heasley v. Commissioner OF Internal Revenue
  967 F.2d 116· 5th Cir.· 1992-07-20 ·cited 16×
  The court held that the Heasleys were prevailing parties entitled to attorneys' fees for challenging the negligence and substantial understatement penalties, but not the valuation overstatement or additional interest penalties. The court also affirmed the Tax Court's calculation
• United States v. Kleinebreil
  966 F.2d 945· 5th Cir.· 1992-07-07 ·cited 16×
  The court affirmed the convictions but vacated the sentences, remanding for resentencing due to double-counting of offense level adjustments.
• United States v. Stockton
  968 F.2d 715· 8th Cir.· 1992-07-06 ·cited 16×
  The court affirmed the sentences imposed on the defendants.
• Forehand v. Sch. Bd. OF Gulf Cnty.
  600 So. 2d 1187· Fla. 1st DCA· 1992-05-26 ·cited 16×·via Abuse Of Discretion Standard For Attorney'S Fees
  A Florida appellate court vacated a school board's order suspending a fifth-grade teacher for ten days without pay, finding that the teacher was denied a fair hearing due to the board's attorney serving in the dual conflicting roles of prosecutor and legal advisor, and that two o
• United States v. Cochran
  955 F.2d 1116· 7th Cir.· 1992-02-03 ·cited 16×
  The court affirmed the convictions and sentences for conspiracy and related drug offenses, and dismissed one defendant's appeal regarding firearm possession.
• United States v. ST. Gelais
  952 F.2d 90· 5th Cir.· 1992-01-14 ·cited 16×
  The court held that the $1,000,000 fine was imposed in violation of the ex post facto clause because the offenses occurred in 1984, prior to the enactment of the statute under which the fine was calculated. The conviction and restitution were affirmed.