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

• Ottis Tal Hilson v. Hilson
  145 So. 2d 557· Fla. 3d DCA· 1962-10-16 ·cited 14×
  The court held that the contempt order was defective for lack of specificity and reversed that portion, but affirmed the denial of reduction in support payments and the award of attorneys' fees.
• Morton Briskin v. White
  296 F.2d 132· 9th Cir.· 1961-11-29 ·cited 14×
  The court held that the bankruptcy court did not abuse its discretion in denying injunctive relief to the bankrupt, as he had not exhausted his remedies in the state courts.
• United States v. Burnley Horace Lankford
  296 F.2d 34· 4th Cir.· 1961-10-23 ·cited 14×·via Abuse Of Discretion Standard For Severance
  The court held that the trial court did not err in denying the appellant's motion for severance, nor in its interpretation of statutes regarding the transport and concealment of stolen vehicles.
• J. M. Huber Corp. v. Fed. Power Comm'n
  294 F.2d 568· 3d Cir.· 1961-09-14 ·cited 14×
  The court held that the Federal Power Commission has implicit authority to condition temporary certificates and that conditioning Huber's certificate to eliminate the Btu adjustment clause was not an abuse of discretion, aligning with the Commission's stated policy.
• Blanche Sykes v. United States
  290 F.2d 555· 9th Cir.· 1961-04-03 ·cited 14×
  The court held that the trial court abused its discretion in dismissing the case for lack of prosecution, as the delay was only slightly over six months and there was no intent to abandon the case.
• Carbo v. United States
  288 F.2d 686· 9th Cir.· 1961-03-15 ·cited 14×
  The court held that the trial court did not abuse its discretion in denying bail pending trial, as there was sufficient showing of a substantial threat to the safety of government witnesses.
• Rash Moore, Jr. v. Stephens
  271 F.2d 119· 6th Cir.· 1959-10-28 ·cited 14×·via Abuse Of Discretion Standard For Evidentiary Rulings
  The court held that the appellant waived the right to assign error regarding the jury instruction on the last-clear-chance doctrine by failing to object before the jury retired.
• Bliss v. Robert M. Hallock and his wife
  113 So. 2d 889· Fla. 3d DCA· 1959-06-04 ·cited 14×
  In this specific performance case, the appellate court affirmed the trial court's denial of specific performance but remanded for reconsideration of whether damages should be awarded for alleged breach of contract. The court reconciled conflicting language in the trial court's de
• Hensley v. United States
  257 F.2d 681· 5th Cir.· 1958-06-30 ·cited 14×
• United States v. Vrilium Prods. Co.
  185 F.2d 3· 7th Cir.· 1950-11-13 ·cited 14×
  The court held that the trial court did not abuse its discretion in denying a continuance and that the evidence was sufficient to support the jury's verdict.
• Leedy-Glover Realty & Ins. Co., Inc. v. Commissioner of Internal Revenue
  184 F.2d 833· 5th Cir.· 1950-11-03 ·cited 14×
  The court held that the Tax Court's findings regarding the reasonableness of salaries paid to the petitioner's principal officers were not clearly erroneous and that the Commissioner did not abuse his discretion in allocating business expenses.
• United States ex rel. Knauff v. McGrath
  181 F.2d 839· 2d Cir.· 1950-03-28 ·cited 14×·via Abuse Of Administrative Discretion
  The court reversed the denial of a petition for habeas corpus, ordering that a writ issue to allow the respondents an opportunity to file a return.
• Blanc v. Spartan Tool Co.
  178 F.2d 104· 7th Cir.· 1949-12-09 ·cited 14×
  The court held that its prior affirmance of the judgment, which included a general allowance of reasonable attorneys' fees, established the law of the case, precluding the plaintiff from relitigating the right to fees.
• In re Seville Court Apts. Bldg. Corp.
  134 F.2d 232· 7th Cir.· 1943-02-23 ·cited 14×
  Leave to appeal is denied because the petition does not demonstrate a clear abuse of discretion by the District Court in its order regarding attorney fees.
• Poinsett Lumber & MFG. Co. v. Drainage Dist. NO. 7 OF Poinsett Cnty.
  119 F.2d 270· 8th Cir.· 1941-04-26 ·cited 14×·via Abuse Of Discretion Standard On Appeal
  The court held that the bankruptcy court did not abuse its discretion in denying a creditor leave to sue the debtor in state court, as the creditor was subject to the bankruptcy court's jurisdiction through proper notice and had failed to assert its claim or challenge its exclusi
• Jacques v. State
  86 Fla. 137· Fla.· 1923-07-11 ·cited 14×
  The Florida Supreme Court affirmed a conviction for grand larceny, holding that the trial court did not abuse its discretion in denying the defendant's motion for a continuance. The court found that the proposed testimony regarding the defendant's character and the alleged victim
• United States v. Nihad Al Jaberi
  97 F.4th 1310· 11th Cir.· 2024-04-05 ·cited 13×
  Nihad Al Jaberi appealed his convictions for attempted smuggling, failure to notify a common carrier about firearms, and submitting false export information after he attempted to ship nine firearms from Georgia to Iraq concealed as auto parts. The Eleventh Circuit affirmed all co
• Gnaegy v. Morris
  330 So. 3d 953· Fla. 3d DCA· 2023-12-13 ·cited 13×
  The trial court properly exercised its discretion in removing the appellant as personal representative and trustee based on substantial evidence of multiple violations of fiduciary duties, including failure to comply with court orders, wasting of estate assets, maladministration,
• Reynaldo Figueroa-Sanabria v. State
  366 So. 3d 1035· Fla.· 2023-06-29 ·cited 13×
  Reynaldo Figueroa-Sanabria was convicted of two counts of first-degree murder for stabbing two people to death on a houseboat and sentenced to death. The Florida Supreme Court affirmed the murder convictions, finding them supported by substantial evidence including DNA evidence,
• Cherri Walker v. Life Ins. Co. of N. Am.
  59 F.4th 1176· 11th Cir.· 2023-02-08 ·cited 13×
  Cherri Walker sued Life Insurance Company of North America for breach of contract and bad faith after the insurer denied her long-term disability benefits, claiming she did not meet the policy's definition of "disabled." The Eleventh Circuit affirmed the district court's summary
• Rubinstein v. Yoram Yehuba
  38 F.4th 982· 11th Cir.· 2022-06-29 ·cited 13×
  Arturo Rubinstein sued Yoram and Sharona Yehuda after they sold a beachfront hotel in which Rubinstein held a majority ownership stake through his company, claiming the Yehudas fraudulently convinced him to temporarily assign his interest to help refinance the property but then p
• Smith v. Lydie Ladouceur Smith
  Fla. 3d DCA· 2021-08-25 ·cited 13×
  A trial court's decision to grant a new trial must be reviewed under an abuse of discretion standard, and an appellate court cannot find an abuse of discretion if reasonable persons could differ as to the propriety of the trial court's action.
• United States v. Corrinne Brown
  996 F.3d 1171· 11th Cir.· 2021-05-06 ·cited 13×
  Former Congresswoman Corrine Brown was charged with fraud and ethics violations in connection with a conspiracy to defraud charitable donors of over $800,000. The Eleventh Circuit reversed her convictions and ordered a new trial, holding that the district judge abused his discret
• Pangea Produce Distribs., Inc. v. Franco's Produce, Inc.
  275 So. 3d 240· Fla. 3d DCA· 2019-07-03 ·cited 13×
  A trial court abuses its discretion by denying leave to amend a complaint when the plaintiff has only amended twice before, there is no showing of prejudice to the opposing party or futility of the amendment, and the privilege to amend has not been abused.
• Tuyuana L. Morris v. Orlando S. Muniz, M.D.
  252 So. 3d 1143· Fla.· 2018-09-06 ·cited 13×
  Where facts regarding a presuit medical expert's qualifications are unrefuted, the proper standard of appellate review of a trial court's dismissal of a medical malpractice action based on the expert's lack of qualification is de novo, not abuse of discretion. Before a medical ma
• Domino's Pizza, LLC v. Wiederhold
  248 So. 3d 212· Fla. 5th DCA· 2018-05-11 ·cited 13×
  Domino's Pizza appealed a jury verdict awarding damages to the estate of Richard Wiederhold for injuries sustained in an automobile accident caused by a Domino's franchisee's delivery driver. The Fifth District Court of Appeal affirmed the jury's findings that Domino's could be v
• Soria v. Lucinda Soria
  237 So. 3d 454· Fla. 2d DCA· 2018-02-07 ·cited 13×
  The trial court erred in valuing the husband's ownership interest in ABC by using its capitalization scheme (par value of stock) rather than fair market value, and failed to account for the company's liabilities, making equitable distribution improper. The trial court's permanent
• Galencare, Inc. v. Bayfront HMA Med. Ctr, LLC
  Fla. 1st DCA· 2018-01-02 ·cited 13×
  A competitor hospital seeking a temporary injunction against a rival's provisional trauma center operations failed to establish a substantial likelihood of success on the merits because the statutory framework does not require the Department to consider whether trauma center posi
• Powell v. State
  223 So. 3d 412· Fla. 5th DCA· 2017-07-07 ·cited 13×
  Terry Powell appeals his conviction and sentence for assault, resisting an officer with violence, and battery on a law enforcement officer. The appellate court affirms the judgment and sentence but remands for correction of a scrivener's error in the written sentencing document t
• Paul v. Gadi Avrahami and Andrew Paul
  216 So. 3d 647· Fla. 4th DCA· 2017-04-12 ·cited 13×
  Appellants (trustee and trust) appeal the trial court's denial of their motion for attorney's fees under section 57.105, Florida Statutes, challenging a judgment creditor's frivolous motion for attorney's fees against them as impleaded defendants in a fraudulent transfer proceedi
• Guzman v. State
  214 So. 3d 625· Fla.· 2017-04-06 ·cited 13×
  Victor Guzman appeals his first-degree murder conviction and death sentence for the 2000 stabbing death of 80-year-old Severina Fernandez. The Florida Supreme Court affirms the conviction based on DNA evidence matching Guzman's profile to blood found throughout the victim's apart
• Davis v. State
  207 So. 3d 177· Fla.· 2016-11-10 ·cited 13×·via Abuse Of Discretion Standard For Evidentiary Rulings
  Leon Davis Jr. was convicted of two counts of first-degree murder and sentenced to death for the December 2007 murders of Dashrath and Pravinkumar Patel during an attempted armed robbery at a BP gas station in Polk County. The Florida Supreme Court affirmed the convictions and de
• Sherlock v. Sherlock
  199 So. 3d 1039· Fla. 4th DCA· 2016-07-13 ·cited 13×
  In a dissolution of marriage case, the husband appealed the trial court's denial of permanent periodic alimony after a 17-year marriage. The Fourth District affirmed, holding that the trial court did not abuse its discretion in imputing investment income to the husband's substant
• Kervin v. State
  195 So. 3d 1181· Fla. 1st DCA· 2016-07-06 ·cited 13×
  Kervin was convicted of felony animal cruelty for hitting and failing to provide care for a dog named Chubbie, resulting in severe injuries and euthanasia. The appellate court affirmed his conviction, rejecting his argument that the trial court erred by using the 2014 revised jur
• Davell Kavon Knight v. State
  187 So. 3d 307· Fla. 5th DCA· 2016-03-04 ·cited 13×
  Davell Knight appealed the revocation of his probation for possessing a firearm as a convicted felon. Knight claimed a necessity defense, arguing the firearm possession was justified to protect his family from armed intruders. The court affirmed the revocation, finding the trial
• Federated Nat'l Ins. Co. v. Joyce
  179 So. 3d 492· Fla. 5th DCA· 2015-11-20 ·cited 13×
  Federated National Insurance Company appeals an award of attorney's fees to insureds whose homeowners claim was wrongfully denied based on an alleged misrepresentation that the insureds had actually disclosed. The court affirmed the lodestar calculation but reversed the trial cou
• Dorworth v. Dorworth
  176 So. 3d 336· Fla. 5th DCA· 2015-09-04 ·cited 13×
  Christopher Dorworth appeals a final judgment of dissolution of marriage awarding his former wife lump sum and durational alimony, distributing marital assets, and allocating marital debt. The appellate court found three reversible errors related to the valuation of a $2.665 mill
• 22ND Century Props., LLC v. FPH Props., LLC
  160 So. 3d 135· Fla. 4th DCA· 2015-04-01 ·cited 13×
  In this fraud case arising from a real estate venture, FPH Properties obtained a judgment exceeding $1.5 million against 22nd Century Properties and its principal Damerau for falsifying documents and misappropriating profits. The appellate court affirmed the trial court's award o
• Fogarty v. State
  158 So. 3d 669· Fla. 4th DCA· 2014-12-17 ·cited 13×
  Denial of a downward departure sentence is appealable under the two-part process outlined in Banks v. State, with the first part reviewed for legal error and the second for abuse of discretion.
• Medco Data, LLC v. Bailey
  152 So. 3d 105· Fla. 2d DCA· 2014-11-26 ·cited 13×
  The court held that the trial court erred by failing to apply the statutory presumption of irreparable injury when considering a motion for temporary injunction to enforce a restrictive covenant.
• Caryi v. Caryi
  119 So. 3d 508· Fla. 5th DCA· 2013-08-02 ·cited 13×
  A former wife appealed the denial of her motion for attorney's fees in a post-judgment proceeding to establish the former husband's child support obligation. The trial court denied the fees based on three grounds: that the proceeding was a declaratory action governed by Flanders
• Alderwoods Grp., Inc. v. Reyvis Garcia
  119 So. 3d 497· Fla. 3d DCA· 2013-07-31 ·cited 13×
  Alderwoods Group, Inc. and related cemetery operators appeal a trial court's order certifying a class action lawsuit brought by families unable to locate their relatives' graves at Graceland Memorial Park South Cemetery. The Third District Court of Appeal reversed the class certi
• Tolbert v. State
  114 So. 3d 291· Fla. 4th DCA· 2013-05-01 ·cited 13×
  Cecil Tolbert was convicted of armed kidnapping and sexual battery based primarily on DNA evidence matching him to the victim's samples. The appellate court found that the trial court erred in admitting hearsay testimony from DNA analyst Baird summarizing another analyst's 1996 D
• Casteel v. Maddalena
  109 So. 3d 1252· Fla. 2d DCA· 2013-04-03 ·cited 13×
  In a negligence case arising from a motorcycle-car accident, the trial court granted a motion for relief from judgment based on Rule 1.540(b)(3) (fraud/misconduct), even though the moving party had filed under Rule 1.540(b)(2) (newly discovered evidence) and expressly disclaimed
• Martin v. State
  110 So. 3d 936· Fla. 1st DCA· 2013-02-22 ·cited 13×
  Wayne Martin was convicted by jury of aggravated assault on a law enforcement officer and sentenced to a mandatory 20-year minimum term. The First District Court of Appeal reversed and remanded for a new trial, finding that the trial court erred by excluding testimony and refusin
• Bateh v. Bateh
  98 So. 3d 750· Fla. 1st DCA· 2012-10-12 ·cited 13×
  In this family law appeal, the First District Court of Appeal affirmed the trial court's finding that the former husband did not improperly dissipate marital assets, but reversed and remanded on several issues including the treatment of furnishings, a post-petition check, a motor
• Lopez v. State
  97 So. 3d 301· Fla. 4th DCA· 2012-09-12 ·cited 13×
  The court held that the trial court did not err in refusing an independent act instruction or admitting jailhouse notes, but that two convictions for robbery with a firearm violated double jeopardy as they arose from a single taking.
• Brown v. State
  93 So. 3d 1194· Fla. 4th DCA· 2012-08-08 ·cited 13×
  The court held that an incarcerated indigent defendant has a clear legal right to obtain, without charge for copying, transcripts and other record documents prepared at public expense, and mandamus is an appropriate remedy to compel former public defenders to provide them.
• Harden v. State
  87 So. 3d 1243· Fla. 4th DCA· 2012-05-23 ·cited 13×
  Appellant Harden was convicted of sexual battery, false imprisonment, and domestic battery against his former girlfriend. The Florida Fourth District Court of Appeal reversed for a new trial, holding that the trial court abused its discretion by admitting evidence of a prior dome
• Krock v. Irwin Rozinsky & State Farm Mut. Auto. Ins. Co.
  78 So. 3d 38· Fla. 4th DCA· 2012-01-11 ·cited 13×
  Diane Krock appealed a trial court's decision denying her request for a continuance of a fee hearing and awarding attorney's fees to State Farm. The Fourth District affirmed, holding that the trial court did not abuse its discretion in denying the continuance request despite Kroc