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

• State Farm Fla. Ins. Co. v. Laughlin-Alfonso
  118 So. 3d 314· Fla. 3d DCA· 2013-07-31 ·cited 14×
  State Farm appeals the denial of its motion for attorney's fees in an insurance dispute with its insured, Laughlin-Alfonso. The court reversed, holding that State Farm's nominal settlement offer was not made in bad faith because the insured failed to comply with policy conditions
• Nousari v. Nousari
  94 So. 3d 704· Fla. 4th DCA· 2012-08-15 ·cited 14×
  The court held that the trial court did not abuse its discretion in awarding durational alimony and child support, as the award was consistent with statutory purposes and the totality of circumstances.
• Wellons v. State
  87 So. 3d 1223· Fla. 3d DCA· 2012-05-23 ·cited 14×
  The court held that the trial court did not abuse its discretion in denying the defendant's motion for mistrial based on improper prosecutorial comments during closing argument, as the error was harmless.
• Galstyan v. Galstyan
  85 So. 3d 561· Fla. 4th DCA· 2012-04-18 ·cited 14×
  In a family law appeal, the Fourth District Court of Appeal reversed a final judgment of dissolution of marriage because the trial court failed to make adequate factual findings supporting the alimony award, child support arrearages repayment plan, and life insurance/bond require
• Siegel v. Rowe
  71 So. 3d 205· Fla. 2d DCA· 2011-10-05 ·cited 14×
  Appellants Siegel and Leahy-Fernandez challenge attorney's fee awards under section 57.105(1), Florida Statutes, arising from the underlying action where Leahy-Fernandez's claims for recovery of $50,000 allegedly loaned to the appellees were rejected by the trial court. The appel
• Dr. Gail van Diepen, P.A. v. Brown
  55 So. 3d 612· Fla. 5th DCA· 2011-01-28 ·cited 14×
  On remand from an earlier reversal, the Fifth District Court of Appeal again reversed a trial court's award of attorney's fees to employees who prevailed only on Fair Labor Standards Act overtime claims out of multiple counts. The court held that counsel failed to meet its burden
• Davis v. State
  48 So. 3d 176· Fla. 4th DCA· 2010-11-24 ·cited 14×
  Leon Parker Davis appeals the revocation of his probation based on convictions for burglary and grand theft. The Fourth District Court of Appeal affirms the burglary violation but reverses the grand theft violation, finding insufficient evidence of the stolen property's value, an
• Rollin Monestime v. State
  41 So. 3d 1110· Fla. 3d DCA· 2010-08-18 ·cited 14×·via Abuse Of Discretion Standard For Evidence Admission
  Rollin Monestime appeals his convictions for cocaine trafficking and money laundering, challenging the admission of a photograph of a gun discovered with the contraband and arguing he lacked the knowledge requirement for money laundering. The Third District Court of Appeal affirm
• Collett v. State
  28 So. 3d 224· Fla. 2d DCA· 2010-02-26 ·cited 14×
  The court held that the trial court's denial of the motion for new trial must be reversed and remanded because the record does not clearly show the correct legal standard was applied.
• Schmachtenberg v. Schmachtenberg
  34 So. 3d 28· Fla. 3d DCA· 2010-02-24 ·cited 14×
  Sally McHugh appeals from a trial court's modification of child support and permanent periodic alimony awards in her divorce from Lee Schmachtenberg. The court reversed the child support modification entirely, finding the marital settlement agreement's language requiring the husb
• Mariann C. Hudson-McCANN v. Laurence L. McCANN
  8 So. 3d 1228· Fla. 5th DCA· 2009-05-01 ·cited 14×
  In this dissolution of marriage case, the Fifth District Court of Appeal affirmed the trial court's award of primary residential responsibility to the husband but reversed the imputation of income to the wife, the resulting child support calculation, and the attorney's fees award
• Morris v. Knight
  1 So. 3d 1236· Fla. 4th DCA· 2009-02-11 ·cited 14×
  In this guardianship dispute, the trial court appointed Walter Knight, a long-time neighbor and family friend, as guardian for ninety-seven-year-old Estelle Pratt Barker, rejecting competing petitions from two family members. The Florida Fourth District Court of Appeal affirmed,
• 7550 Bldg., Inc. v. Atl. Rack & Shelving, Inc.
  999 So. 2d 663· Fla. 3d DCA· 2008-10-29 ·cited 14×
• Linstroth v. Dorgan
  2 So. 3d 305· Fla. 4th DCA· 2008-06-11 ·cited 14×
  A former husband appealed a trial court's denial of his petition to terminate or reduce alimony based on his ex-wife's cohabitation with another man under Florida's new supportive relationship statute. The appellate court affirmed, holding that the trial court properly found no s
• KIA Motors Am. Corp. v. Butler
  985 So. 2d 1133· Fla. 3d DCA· 2008-06-11 ·cited 14×
  Kia Motors challenges certification of a class action brought by Yvonne Butler on behalf of all Florida purchasers of 1999-2001 Kia Sephias alleging premature brake wear. The Third District Court of Appeal reversed the trial court's class certification, holding that individual qu
• United States v. Livesay
  525 F.3d 1081· 11th Cir.· 2008-04-23 ·cited 14×
  The Eleventh Circuit vacated the defendant's sentence, finding that the district court committed procedural error under Gall v. United States. The court held that the district court improperly based its U.S.S.G. § 5K1.1 downward departure on the defendant's withdrawal from the co
• Reaves v. State
  979 So. 2d 1066· Fla. 1st DCA· 2008-03-31 ·cited 14×
  Daniel Reaves appeals his convictions for racing on a highway and vehicular homicide, arguing the trial court abused its discretion in denying his motion to withdraw his guilty plea for lack of factual basis on causation, and that the racing statute is facially unconstitutional.
• Pickles v. State
  976 So. 2d 690· Fla. 4th DCA· 2008-03-19 ·cited 14×
  Tony Pickles appeals his convictions for trespass, burglary, and petit theft, arguing the trial court violated his due process rights by refusing to conduct a competency hearing despite his disruptive courtroom behavior and inability to communicate with counsel. The court affirms
• Karry Kaduk v. State
  959 So. 2d 817· Fla. 4th DCA· 2007-07-05 ·cited 14×
  The court held that a probationer's failure to notify his probation officer for over two weeks after moving due to a domestic dispute constitutes a willful and substantial violation, and the trial court did not err in considering prior probation violations when deciding to revoke
• Miller v. Merrily Goodell
  958 So. 2d 952· Fla. 4th DCA· 2007-04-25 ·cited 14×
  This appeal concerns whether a trial court properly exercised personal jurisdiction over Audrey Miller in a guardianship proceeding and whether it erred in declining to honor her preneed guardianship declaration naming her sister as guardian. The appellate court affirmed the tria
• Boatfloat, LLC v. Cent. Transp. Int'l, Inc.
  941 So. 2d 1271· Fla. 4th DCA· 2006-11-22 ·cited 14×
  BoatFloat appeals the trial court's denial of its motion to quash service of process and vacate a default judgment. The court reversed, holding that service of process on BoatFloat's registered agent by posting documents on his apartment door was legally insufficient because ther
• Johnson v. Maroone Ford LLC
  944 So. 2d 1059· Fla. 4th DCA· 2006-08-16 ·cited 14×
  The court held that a request for production filed within the year preceding a notice of dismissal for failure to prosecute constitutes record activity, precluding dismissal.
• J.D.H. v. State
  931 So. 2d 241· Fla. 5th DCA· 2006-06-16 ·cited 14×
  J.D.H. appeals a restitution order requiring him to pay the original purchase price of a stolen dirt bike. The court holds that fair market value, not original purchase price, is the correct measure of restitution absent special circumstances, and reverses the order for a new hea
• Dena Stern v. Chovnick
  914 So. 2d 524· Fla. 4th DCA· 2005-11-23 ·cited 14×
  The court held that imputing income and awarding rehabilitative alimony was not an abuse of discretion, nor was the denial of attorney's fees, but the allocation of medical expenses was an error.
• Mercury Ins. Co. OF Fla. v. Coatney
  910 So. 2d 925· Fla. 1st DCA· 2005-09-16 ·cited 14×
  The court affirmed the trial court's declaratory judgment that an automobile insurance policy exclusion for losses during a felony was void as against public policy, and affirmed the award of attorney's fees.
• The Sch. Bd. OF Osceola Cnty. v. State Bd. OF Educ.
  903 So. 2d 963· Fla. 5th DCA· 2005-04-22 ·cited 14×
  The court held that the trial court correctly granted the State Board's motion to change venue to Leon County based on its home venue privilege.
• Shafer v. Shafer
  898 So. 2d 1053· Fla. 4th DCA· 2005-03-16 ·cited 14×
  A mother appeals a trial court's temporary injunction preventing her relocation from Lake Worth to Orlando with her nine-year-old son while she attends law school. The Fourth District Court of Appeal affirms, holding that the detailed visitation schedule in the final judgment imp
• Hernandez v. Roth
  890 So. 2d 1173· Fla. 3d DCA· 2004-12-29 ·cited 14×
  Ignacio Hernandez petitioned for a writ of habeas corpus challenging a condition of his pretrial release requiring urinalysis three times weekly. The Third District Court of Appeal held that the trial court did not abuse its discretion in imposing this condition and denied the wr
• Dragomirecky v. Town OF Ponce Inlet
  882 So. 2d 495· Fla. 5th DCA· 2004-09-17 ·cited 14×
  The court held that the trial court did not abuse its discretion in denying the motion for an injunction and stay to prevent the demolition of a house constructed in violation of building codes.
• Malave v. Dep't of Health
  881 So. 2d 682· Fla. 5th DCA· 2004-08-27 ·cited 14×
  The court held that the administrative law judge did not abuse her discretion in denying a continuance and in limiting the scope of a reopened hearing.
• S.C. v. Dep't of Child. & Families
  877 So. 2d 831· Fla. 4th DCA· 2004-07-07 ·cited 14×
  A Florida appellate court affirmed the termination of a mother's parental rights based on her default after she failed to appear at a June 2003 hearing, despite being offered the accommodation of appearing by telephone from Virginia. The mother's inconsistent explanations for her
• Davis v. State
  867 So. 2d 608· Fla. 2d DCA· 2004-03-05 ·cited 14×
  Michael Davis appealed the revocation of his community control, arguing the State failed to prove he willfully and substantially violated its conditions. The Florida Second District Court of Appeal agreed and reversed the revocation order, holding that the State's evidence was in
• Taylor v. Inst. FOR Med. Weight Loss & Gary W. Mallow, M.D.
  863 So. 2d 398· Fla. 4th DCA· 2003-12-24 ·cited 14×·via Abuse Of Discretion Standard For Continuance
  The trial court abused its discretion by denying the plaintiff's motion for a continuance, which resulted in an injustice.
• Nationwide Lift Trucks, Inc. v. Smith
  832 So. 2d 824· Fla. 4th DCA· 2002-11-13 ·cited 14×
  The court held that striking a party's defenses for failing to preserve evidence is permissible even if the destruction was negligent, not willful, when the evidence is essential and no lesser sanction can cure the prejudice.
• Peiman v. Peiman
  829 So. 2d 307· Fla. 5th DCA· 2002-10-25 ·cited 14×·via Abuse Of Discretion Standard For Continuance
  A former husband appeals an amended final judgment of dissolution of marriage, challenging the trial court's denial of his motion to continue the final hearing on child support and the court's deviation from child support guidelines without proper findings. The appellate court re
• Moore v. State
  778 So. 2d 1054· Fla. 4th DCA· 2001-02-21 ·cited 14×
  Herbert Moore appeals his conviction for trafficking in cocaine and felony fleeing or eluding police, arguing the trial court reversibly erred by failing to conduct a Nelson inquiry into his motion to discharge court-appointed counsel. The appellate court affirms on the basis tha
• Wolcott v. State
  774 So. 2d 954· Fla. 5th DCA· 2001-01-12 ·cited 14×
  Ricky Wolcott appeals his convictions for burglary, theft, and dealing in stolen property. The Florida Fifth District Court of Appeal reverses all convictions, finding that the prosecution improperly introduced evidence of Wolcott's prior arrest record, denigrated defense counsel
• Antonal Thornton v. State
  767 So. 2d 1286· Fla. 5th DCA· 2000-10-06 ·cited 14×
  Antonal Thornton appeals his conviction and life sentence for robbery with a firearm. The court affirms the conviction but vacates the sentence due to the absence of a sentencing scoresheet in the appellate record, requiring resentencing.
• Bateson v. State
  761 So. 2d 1165· Fla. 4th DCA· 2000-06-07 ·cited 14×·via Abuse Of Discretion Standard For Severance
  Donald Bateson, a former police officer, appealed his convictions for armed burglary and grand theft. The appellate court affirmed, rejecting his challenges to the joinder of two separate burglary charges and the admission of his girlfriend's testimony, which included impeachment
• LEE v. LEE
  751 So. 2d 741· Fla. 1st DCA· 2000-02-21 ·cited 14×
  In a marital dissolution appeal, the Florida First District Court of Appeal affirmed the trial court's denial of a continuance motion and the award of the marital home as lump sum alimony, but reversed and remanded regarding the imputation of income to the husband, finding the tr
• Fla. Pub. Emps. Council 79 v. Dep't OF Child. & Families & Jeb Bush
  745 So. 2d 487· Fla. 1st DCA· 1999-11-22 ·cited 14×
  Public employee appellants challenged the retroactive application of Chapter 435's criminal background screening provisions to their employment, arguing the statute was unconstitutional as applied and facially unconstitutional. The court reversed the dismissal of their facial con
• First Fed. Sav. & Loan Ass'n of the Palm Beaches v. Bezotte
  740 So. 2d 589· Fla. 4th DCA· 1999-08-18 ·cited 14×
  The court held that while the lodestar calculation for attorney's fees was proper, the application of a contingency multiplier was not permissible under federal law for TILA claims.
• Cifrian v. Cifrian
  715 So. 2d 1068· Fla. 4th DCA· 1998-08-05 ·cited 14×
  This is a family law case concerning the dissolution of a 19-year marriage. The appellate court affirmed the trial court's valuation of the marital home at $230,000 but reversed on all other issues, including the valuation of the former husband's business interests, the alimony a
• Fla. Wildlife Fed'n, Inc. v. Bd. OF Trs. OF the Internal Improvement
  707 So. 2d 841· Fla. 5th DCA· 1998-02-27 ·cited 14×
  Florida Wildlife Federation and Save Our St. Johns River sought to intervene in a lawsuit by the Board of Trustees asserting ownership of approximately 250 acres of land fronting Lake Poinsett. The trial court denied their motion to intervene, and the Fifth District Court of Appe
• Rogers v. State
  702 So. 2d 607· Fla. 1st DCA· 1997-12-15 ·cited 14×
  The court held that the trial court abused its discretion by denying the appellant's request for appointed counsel in postconviction relief proceedings.
• Wm. Samuel McALILEY II v. Helena H. McALILEY
  704 So. 2d 611· Fla. 4th DCA· 1997-10-22 ·cited 14×
  A party may be assessed attorney's fees as a punitive measure where, as here, a spouse in domestic relations litigation institutes frivolous, non-meritorious claims that contribute to unnecessary legal expenses and delay of proceedings. Appellant's pattern of duplicate appeals, m
• Hollinger v. Hollinger
  684 So. 2d 286· Fla. 3d DCA· 1996-12-11 ·cited 14×
  In this divorce case, the former husband appealed the trial court's equitable distribution of marital assets, including his wholly owned corporation AGF Engineering, and the alimony awards to the former wife. The appellate court affirmed the trial court's judgment, finding no abu
• Watson v. State
  667 So. 2d 242· Fla. 1st DCA· 1995-08-23 ·cited 14×
  In this direct criminal appeal, the court reversed a trial court's denial of Watson's request to withdraw his no contest pleas, finding that the trial court failed to comply with constitutional requirements for ensuring plea voluntariness and intelligence. The court held that bec
• E. Airlines & GAB v. Griffin
  654 So. 2d 1194· Fla. 1st DCA· 1995-04-04 ·cited 14×
  The Florida District Court of Appeal, First District, affirmed a compensation order awarding twelve hours of attendant care per day, despite a prior stipulation for six hours. The court held that the judge of compensation claims did not abuse discretion by allowing the claimant t
• Carnival Cruise Lines, Inc. v. Nunez
  646 So. 2d 831· Fla. 3d DCA· 1994-12-14 ·cited 14×·via Abuse Of Discretion Standard For Continuance
  Carnival Cruise Lines appeals a jury verdict in a personal injury case, challenging the trial court's decision to allow the plaintiff to amend his complaint mid-trial to add a claim for aggravation of a preexisting varicose vein condition. The appellate court reversed and remande