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

• Fischer v. Dover S.S. Co., Inc.
  218 F.2d 682· 2d Cir.· 1955-01-07 ·cited 16×
  The court held that the trial court did not abuse its discretion in denying the plaintiff's motion to vacate the dismissal for excusable neglect.
• United States ex rel. Pirinsky v. Shaughnessy
  177 F.2d 708· 2d Cir.· 1949-09-30 ·cited 16×·via Abuse Of Administrative Discretion
  The court held that the denial of bail and the setting of excessively high bail constituted an abuse of administrative discretion.
• Kersten v. United States
  161 F.2d 337· 10th Cir.· 1947-05-06 ·cited 16×
  The court held that the defendant's convictions for selling used cars above ceiling prices were valid, as the Emergency Price Control Act was extended and the information's failure to cite the extension act did not mislead the defendant.
• State v. Walker
  332 So. 3d 1116· Fla. 1st DCA· 2023-06-07 ·cited 15×
  The Florida Supreme Court denied a prosecutor's petition for a writ of certiorari seeking to overturn a trial court's order excluding evidence of the victim's injuries. The court found that while the order might have been a departure from the essential requirements of law, it did
• Kegler v. State
  313 So. 3d 824· Fla. 2d DCA· 2021-01-13 ·cited 15×
  The appellate court reversed the revocation of community control and the resulting sentences, finding the state failed to prove a willful and substantial violation. The court held that simply failing to answer a door or phone at an early hour, without more, does not constitute su
• Domineque Hakim Marcelle RAY v. Comm'r, Ala. Dep't OF Corr.
  915 F.3d 689· 11th Cir.· 2019-02-06 ·cited 15×
  The Eleventh Circuit held that the district court erred in denying a stay of execution, finding a substantial likelihood of success on the Establishment Clause claim and that other equitable factors favored the stay.
• Regalado Lopez v. Regalado
  257 So. 3d 550· Fla. 3d DCA· 2018-10-10 ·cited 15×
  A domestic violence injunction is properly issued when the petitioner establishes a reasonable cause to believe she faces imminent danger of domestic violence, considering current allegations, parties' behavior within the relationship, and the relationship's history as a whole. A
• Bayview Loan Servicing, LLC v. Huso Dzidzovic
  249 So. 3d 1265· Fla. 2d DCA· 2018-06-22 ·cited 15×
  Bayview Loan Servicing appealed a trial court order that vacated a final judgment of foreclosure and dismissed its foreclosure action against Huso Dzidzovic, who claimed to have entered into a loan modification agreement with Bayview after the judgment was entered. The Second Dis
• Heartwood 2, LLC v. Shay Dori
  208 So. 3d 817· Fla. 3d DCA· 2017-01-11 ·cited 15×
  Heartwood appealed a trial court's dismissal of its foreclosure claim against a mortgaged condominium property, arguing the dismissal was improper. The appellate court reversed, holding that the mortgage contained a valid legal description enabling foreclosure despite a deficienc
• State Farm Fla. Ins. Co. v. Alvarez
  175 So. 3d 352· Fla. 3d DCA· 2015-09-16 ·cited 15×
  State Farm appeals a trial court's award of $120,000 in attorneys' fees to insureds who settled a property damage claim for $10,000 after three years of litigation. The appellate court affirmed the $400 hourly rate but reversed the award of 200 billable hours as excessive and eli
• Horwitz v. State
  189 So. 3d 800· Fla. 4th DCA· 2015-02-18 ·cited 15×
  Donna Horwitz was convicted of first-degree murder in the shooting death of her former husband. The Fourth District Court of Appeal reversed her conviction, holding that the trial court erred in admitting evidence of her pre-arrest, pre-Miranda silence where she did not testify a
• Sparre v. State
  164 So. 3d 1183· Fla.· 2015-01-22 ·cited 15×
  David Kelsey Sparre was convicted of the first-degree murder of Tiara Pool and sentenced to death. The Florida Supreme Court affirmed the conviction and sentence, rejecting his three appellate claims regarding trial court error in not calling mitigation witnesses, the applicabili
• Taylor v. State
  146 So. 3d 113· Fla. 5th DCA· 2014-08-29 ·cited 15×
  Gregory Taylor was convicted of possession of a firearm by a violent career criminal after a jury heard testimony that he threatened to kill his ex-girlfriend and fired shots at her vehicle. On appeal, Taylor challenged the admission of hearsay statements made by the ex-girlfrien
• Kozell v. Kozell
  142 So. 3d 891· Fla. 4th DCA· 2014-05-21 ·cited 15×
  In this family law case, the husband appealed the trial court's order denying his petition to modify child support obligations. The trial court found that although the husband's income had declined, the change was voluntary and foreseeable at the time of the original settlement a
• Davis v. Lopez-Davis
  162 So. 3d 19· Fla. 4th DCA· 2014-04-09 ·cited 15×
  The trial court abused its discretion by denying a father any timesharing with his child without sufficient evidence of harm and by granting relief not requested by the wife.
• A.W. v. State
  137 So. 3d 521· Fla. 4th DCA· 2014-04-02 ·cited 15×
  A juvenile appeals a contempt of court detention order, arguing the trial court violated Florida Rule of Juvenile Procedure 8.150(a) by failing to comply with due process requirements. The appellate court agrees, finding the detention order lacked the required factual recitation
• Global Xtreme, Inc. v. Advanced Aircraft Ctr., Inc.
  122 So. 3d 487· Fla. 3d DCA· 2013-09-25 ·cited 15×
  Global Xtreme challenges an attorney's fees award to Advanced Aircraft Center based on sections 57.105 and 713.29, Florida Statutes. The appellate court reversed, holding that Advanced failed to comply with the strict notice requirements of section 57.105 and that section 713.29
• Madison v. State
  132 So. 3d 237· Fla. 1st DCA· 2013-03-06 ·cited 15×
  James Madison, an 18-year-old defendant charged with armed robbery, sought a continuance three weeks before trial to replace his private counsel whom he believed was inadequately preparing his defense. The trial court denied the continuance, Madison was convicted, and this appeal
• Hoang Dinh Duong, M.D., Radiology Assocs. of Hollywood, P.A. v. Ziadie
  125 So. 3d 225· Fla. 4th DCA· 2013-02-20 ·cited 15×
  A physician appealed a denial of his motion for a new trial after discovering two jurors failed to disclose their prior litigation experience during jury selection in a medical malpractice case. The court affirmed the denial, holding that the undisclosed litigation history was no
• Esis/ACE Am. Ins. Co. & Delta Air Lines, Inc. v. Kuhn
  104 So. 3d 1111· Fla. 1st DCA· 2012-11-13 ·cited 15×
  The Florida First District Court of Appeal reversed a workers' compensation judge's award of a $2,000 advance to an employee under Florida Statute § 440.20(12)(c)(2). The court held that a claimant seeking an advance must demonstrate a plausible nexus between the requested funds
• Oertel v. State
  82 So. 3d 152· Fla. 4th DCA· 2012-02-29 ·cited 15×
  William Oertel appeals a finding that he willfully and substantially violated his sex offender probation by being discharged from the CORTE treatment program. The Fourth District affirmed the violation finding but remanded for entry of a written order, holding that Oertel's disru
• THE Florida BAR v. Gwynn
  94 So. 3d 425· Fla.· 2012-02-16 ·cited 15×·via Abuse Of Discretion Standard For Discovery Rulings
  The Florida Bar disciplined attorney Mary Alice Gwynn for misconduct in federal bankruptcy court proceedings, including filing frivolous motions, making false statements, and violating court orders. The Florida Supreme Court approved the referee's findings of guilt on 15 rule vio
• Winter Park Imports, Inc. v. JM Fam. Enters., Inc.
  77 So. 3d 227· Fla. 5th DCA· 2011-12-23 ·cited 15×
  Winter Park Imports appealed a trial court order awarding $500,263.73 in costs to the prevailing defendants in a motor vehicle dealer act litigation. The appellate court affirmed most of the cost award but reversed and remanded regarding video deposition costs and expert witness
• Gamsen v. State Farm Fire & Cas. Co. & Murray Katsen
  68 So. 3d 290· Fla. 4th DCA· 2011-07-27 ·cited 15×
  In this negligence case arising from a rear-end automobile accident, the trial court granted the insurer's motion for a new trial based on alleged juror nondisclosure of prior litigation involvement. The appellate court reversed, finding the trial court abused its discretion beca
• Lucas v. State
  67 So. 3d 332· Fla. 4th DCA· 2011-07-13 ·cited 15×
  Eric Lucas appeals his convictions for burglary of a dwelling with battery and aggravated battery. The Fourth District Court of Appeal affirmed, rejecting challenges to the admission of his girlfriend's statements to police, jailhouse telephone recordings, and prosecutorial remar
• Acad. Express, LLC v. Broward Cnty.
  53 So. 3d 1188· Fla. 4th DCA· 2011-02-09 ·cited 15×
  The court held that a bid protest alleging vendor misrepresentation, without alleging facial non-responsiveness or the awarding body's knowledge of the misrepresentation, does not state a cause of action for arbitrary and capricious conduct.
• Thompson v. State
  50 So. 3d 1208· Fla. 4th DCA· 2010-12-29 ·cited 15×
  Thompson appealed the denial of his motion to withdraw a no-contest plea to marijuana possession, claiming his plea was involuntary because he was not informed of the mandatory license suspension. The appellate court affirmed the denial, finding the record conclusively showed the
• Koch v. Koch
  47 So. 3d 320· Fla. 2d DCA· 2010-09-22 ·cited 15×
  Sandra Koch appeals a trial court's award of attorney's fees to her former husband Wesley Koch as a sanction under Florida Statute §57.105(1) for filing a frivolous motion to set aside their marital settlement agreement. The appellate court affirmed, holding the trial court prope
• Hornyak v. Annabelle G. Hornyak
  48 So. 3d 858· Fla. 4th DCA· 2010-09-01 ·cited 15×
  A husband appeals a final judgment of dissolution, challenging awards of permanent alimony, bridge-the-gap alimony, and equitable distribution of the marital home. The appellate court affirms the permanent alimony award but reverses the three-year bridge-the-gap alimony award and
• Engesser v. Engesser
  42 So. 3d 249· Fla. 5th DCA· 2010-07-09 ·cited 15×
  David Engesser appeals a final judgment of dissolution of marriage that awarded his ex-wife both permanent alimony ($1/year) and bridge-the-gap alimony ($500/month for one year). The Florida Fifth District Court of Appeal affirmed the award and receded from its prior rejection of
• Valladares v. Junco-Valladares
  30 So. 3d 519· Fla. 3d DCA· 2010-01-06 ·cited 15×
  Jose Valladares appeals a final judgment of dissolution of marriage from a 14-year marriage, challenging the trial court's awards of equitable distribution, alimony, and child support. The Third District Court of Appeal affirmed the dissolution and home valuation but reversed and
• White v. State
  15 So. 3d 833· Fla. 2d DCA· 2009-07-24 ·cited 15×
  The court held that a defendant's motion to withdraw a guilty plea, alleging counsel misled him, is legally sufficient and requires an evidentiary hearing if not conclusively refuted by the record.
• Lindsey v. State
  14 So. 3d 211· Fla.· 2009-07-09 ·cited 15×
  Herman Lindsey was convicted of first-degree murder and sentenced to death for a 1994 pawn shop robbery and killing. The Florida Supreme Court reversed the conviction, finding the circumstantial evidence legally insufficient to support guilt beyond a reasonable doubt and ordering
• Makes & Models Magazine, Inc. v. WEB Offset Printing Co., Inc.
  13 So. 3d 178· Fla. 2d DCA· 2009-06-17 ·cited 15×
  Makes & Models Magazine appealed the denial of its motion to vacate a clerk's default entered in a Pinellas County lawsuit filed by Web Offset Printing. The court reversed, holding that Web Offset was required to notify Makes & Models' known counsel before seeking default because
• Nationwide Mut. Fire Ins. Co. v. Bruscarino
  982 So. 2d 753· Fla. 4th DCA· 2008-06-04 ·cited 15×
  Nationwide appeals a judgment awarding underinsured motorist benefits to Bruscarino, challenging the trial court's exclusion of tax return evidence offered to impeach her credibility after she abandoned her wage loss claim on the first day of trial. The court affirmed, holding th
• Wolff v. State
  981 So. 2d 651· Fla. 4th DCA· 2008-05-21 ·cited 15×
  The court held that the trial court erred in ordering restitution for stolen equipment without sufficient evidence of its fair market value at the time of the theft.
• In re Guardianship OF Bertha Shell v. Gregory M. McCoskey as court-appointed Guardian Ad Litem for Bertha Shell
  978 So. 2d 885· Fla. 2d DCA· 2008-04-18 ·cited 15×
  Lutheran Services Florida, Inc., as guardian of an incapacitated woman, appealed a probate court order reducing its requested guardian's fees and denying its request for an injunction against the Elder Justice Center (EJC), a court program that audits guardian fee petitions. The
• Ireneo Racoma, Jr., M.D. v. Steffan L. Hannans
  978 So. 2d 873· Fla. 2d DCA· 2008-04-16 ·cited 15×·via Abuse Of Discretion Standard For New Trial Motions
• Jannotta v. Hess
  959 So. 2d 373· Fla. 1st DCA· 2007-06-13 ·cited 15×
  The court held that the trial court abused its discretion by changing custody of one child without sufficient competent substantial evidence, particularly given the separation of siblings.
• Wallace v. State
  939 So. 2d 1123· Fla. 3d DCA· 2006-10-04 ·cited 15×
  Mark Wallace appealed the trial court's denial of his post-sentencing motion to withdraw his guilty plea, arguing he was entitled to an evidentiary hearing on claims of ineffective assistance of counsel and coercion. The appellate court affirmed the denial, finding that Wallace's
• Pure H20 Biotechnologies, Inc. v. Mazziotti
  937 So. 2d 242· Fla. 4th DCA· 2006-09-06 ·cited 15×·via Gross Abuse Of Discretion
  The court held that the Mazziottis' claims of fraud were time-barred and did not meet the criteria for vacating a judgment under Rule 1.540(b)(5).
• Hornblower v. Toynetta C. Cobb
  932 So. 2d 402· Fla. 2d DCA· 2006-04-07 ·cited 15×
  Dale Hornblower appeals the denial of his motion to vacate a clerk's default and for a new trial stemming from a 2001 auto accident. The court affirmed the denial of the default motion but reversed the nonjury trial ruling, holding that jury trial rights cannot be waived by mere
• Fredman v. Fredman
  917 So. 2d 1038· Fla. 2d DCA· 2006-01-11 ·cited 15×
  The Former Wife appealed the trial court's denial of her supplemental petition for modification of the final judgment of dissolution, which sought to modify visitation and child support provisions and relocate the children to Texas. The appellate court affirmed the denial of the
• Wilson v. Bambi Robinson
  917 So. 2d 312· Fla. 5th DCA· 2005-12-23 ·cited 15×
  Robert Wilson appealed the trial court's decision appointing his daughter Bambi Robinson as guardian of his incapacitated wife Beverly Wilson instead of granting Wilson's petition for appointment as plenary guardian. The appellate court affirmed, finding no abuse of discretion by
• Upland Dev. OF Cent. Fla., Inc. v. Whittaker Lloyd Bridge
  910 So. 2d 942· Fla. 5th DCA· 2005-09-23 ·cited 15×
  The trial court erred in granting a motion to strike a complaint based on res judicata, as res judicata is an affirmative defense that requires pleading and proof and cannot be decided on a motion to strike without considering the truthfulness of the allegations.
• Young v. Young
  898 So. 2d 1076· Fla. 3d DCA· 2005-03-23 ·cited 15×
  In a dissolution of marriage case, the husband appeals non-final orders requiring him to pay $20,000 in temporary attorney's fees and $10,000 in costs, and freezing $95,000 in assets. The Third District Court of Appeal affirmed, finding the trial court did not abuse its discretio
• Gisleine Bertrand v. Anilus Belhomme
  892 So. 2d 1150· Fla. 3d DCA· 2005-01-19 ·cited 15×
  The court held that the trial court erred in dismissing the complaint with prejudice based on alleged misconduct in a federal bankruptcy proceeding, as such misconduct did not support dismissal of the state court action.
• Blandenburg v. State
  890 So. 2d 267· Fla. 1st DCA· 2004-11-05 ·cited 15×
  Mary Blandenburg's probation was revoked based primarily on hearsay statements from her son and daughter regarding an alleged stabbing incident. The appellate court reversed, holding that the trial court abused its discretion in admitting the hearsay statements under the excited
• Yanes v. State
  877 So. 2d 25· Fla. 5th DCA· 2004-05-28 ·cited 15×
  Alejandro Yanes appealed the denial of his motion to suppress evidence obtained from a vehicle search, arguing that a deputy sheriff's initial stop was improper and the detention was unreasonably extended. The Florida District Court of Appeal affirmed, holding that the deputy had
• Hous. Auth. OF the City OF Tampa v. Burton
  874 So. 2d 6· Fla. 2d DCA· 2004-03-24 ·cited 15×
  The Housing Authority challenged a circuit court's denial of its petition for certiorari from a county court order granting a new trial in an eviction case against tenant Connie Burton. The appellate court denied the petition, holding that the circuit court did not depart from th