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

• Clair v. Lindi E. Perry
  66 So. 3d 1078· Fla. 4th DCA· 2011-08-10 ·cited 13×
  Maria Clair appealed a trial court's decision to grant Perry a new trial after the court initially excluded testimony from Perry's treating physician regarding permanency of injuries. The appellate court affirmed, holding that the trial court did not abuse its discretion because
• Adams v. Mauricio Saavedra
  65 So. 3d 1185· Fla. 4th DCA· 2011-07-27 ·cited 13×
  Plaintiff Adams appeals a trial court's remittitur that reduced a jury verdict in his personal injury case arising from a motorcycle-car collision. The court reversed, finding the trial court abused its discretion by remitting the intangible damages award without adequate factual
• Taylor v. Taylor
  67 So. 3d 359· Fla. 4th DCA· 2011-07-20 ·cited 13×
  The Fourth District Court of Appeal reversed the trial court's denial of a former husband's motions for relief from a final divorce judgment and an order awarding his airplane interest to his ex-wife. The court found that the husband provided unrebutted sworn testimony that he ne
• Thorpe v. Myers
  67 So. 3d 338· Fla. 2d DCA· 2011-07-15 ·cited 13×
  Professional guardian Jana Thorpe and attorneys for Michael Love-Zwayer and Joan Duffee appeal denials of compensation for services in a guardianship proceeding. The Florida appellate court held that guardians are statutorily entitled to reasonable fees for services rendered, and
• Ballard v. State
  66 So. 3d 912· Fla.· 2011-06-30 ·cited 13×
  Roy Phillip Ballard was convicted of first-degree murder in the disappearance of Autumn Traub, his stepdaughter, whom he allegedly killed to regain custody of her daughter Suny so he could continue a sexual relationship with her. The Florida Supreme Court affirmed the conviction
• RJG Env't, Inc. v. State Farm Fla. Ins. Co.
  62 So. 3d 678· Fla. 2d DCA· 2011-05-18 ·cited 13×
  The court held that the trial court did not abuse its discretion in transferring venue to Palm Beach County, as convenience considerations outweighed the contractual venue provision.
• Lule v. Lule
  60 So. 3d 567· Fla. 4th DCA· 2011-05-11 ·cited 13×
  Antonio Lule appealed a final judgment of dissolution of marriage in which the trial court awarded the marital home to his wife as lump sum alimony and ordered him to pay $250 per month in additional alimony. The appellate court reversed and remanded because the judgment lacked t
• Lawnwood Med. Ctr., Inc. v. Anil Desai, M.D.
  54 So. 3d 1027· Fla. 4th DCA· 2011-01-26 ·cited 13×
  A hospital appeals a temporary injunction granted to a physician whose medical staff privileges were not reappointed. The court held that Florida Statute § 395.0191 grants hospitals immunity from injunctive relief in reappointment disputes absent intentional fraud, which the phys
• Kaplan v. Divosta Homes, L.P.
  20 So. 3d 459· Fla. 2d DCA· 2009-11-04 ·cited 13×
  The Kaplans sought to disqualify opposing counsel in a toxic mold personal injury case, arguing conflicts of interest arising from the firm's concurrent representation in an unrelated probate matter. The Florida appellate court denied the petition, holding that disqualification r
• Limbaugh v. State
  16 So. 3d 954· Fla. 5th DCA· 2009-08-21 ·cited 13×
  Julie Limbaugh appeals her probation revocation for failure to pay restitution and supervision costs. The court reversed because the State presented no evidence that Limbaugh had the ability to pay, which is required to prove a willful violation of probation.
• Leach v. Aria Salehpour & Heron Cove Constr., Inc.
  19 So. 3d 342· Fla. 2d DCA· 2009-04-17 ·cited 13×
  Gregory Leach appeals a trial court's order vacating a final judgment in a breach of contract dispute and ordering a new trial. The appellate court reverses, holding that the trial court lacked authority to vacate the judgment either under Rule 1.540 (which does not cover judicia
• Hickman v. Barclay's Int'l Realty, Inc.
  5 So. 3d 804· Fla. 4th DCA· 2009-04-01 ·cited 13×
  The Hickmans appealed a trial court's grant of summary judgment in favor of Aaserod, dismissing their negligence claims based on alleged lack of agency between Aaserod and real estate agent Wyner. The court reversed the summary judgment on the agency issue, finding it a question
• Donton v. State
  1 So. 3d 1092· Fla. 1st DCA· 2009-01-08 ·cited 13×·via Abuse Of Discretion Standard For Evidentiary Rulings
  Lee Donton was convicted by jury of sexual battery upon a mentally defective victim (a teenager with severe autism and retardation) at a juvenile detention facility. On appeal, Donton challenged the admission of Williams Rule evidence of a prior child molestation, the sufficiency
• Olsten Health Servs., Inc. v. Edmond Cody
  979 So. 2d 1221· Fla. 3d DCA· 2008-04-30 ·cited 13×
  Olsten Health Services appealed a jury verdict finding it negligent in the care of paraplegic patient Edmond Cody, who developed a severe Stage 4 pressure ulcer that required years of treatment and never fully healed. The appellate court affirmed the judgment, rejecting Gentiva's
• Massam v. Massam
  993 So. 2d 1022· Fla. 2d DCA· 2008-01-23 ·cited 13×
  The court held that the trial court erred in failing to make specific findings regarding the necessity, cost, and husband's ability to pay for life insurance, and in failing to include unpaid rents in the business valuation for equitable distribution.
• In re Guardianship OF Sallie B. Stephens v. Rowe
  965 So. 2d 847· Fla. 2d DCA· 2007-09-28 ·cited 13×
  The Second District Court of Appeal affirmed a probate court's appointment of a professional guardian (Lutheran Services Florida, Inc.) for an incapacitated mother, despite objections from two of her adult children who sought appointment as family guardians. The court held that w
• Billie v. State
  963 So. 2d 837· Fla. 3d DCA· 2007-08-08 ·cited 13×
  Kirk Douglas Billie appeals his second-degree murder conviction for drowning his two sons by sinking a stolen vehicle into a canal. The central issue was whether the trial court properly refused to modify the standard jury instruction to explicitly require proof that Billie knew
• Wright v. State
  961 So. 2d 1036· Fla. 4th DCA· 2007-07-18 ·cited 13×
  Byron Wright appealed the trial court's denial of his motion to withdraw his plea to armed carjacking and resisting without violence. The appellate court reversed, finding that Wright established good cause to withdraw his plea under Florida Rule of Criminal Procedure 3.170(f) be
• Smith Thomas v. State
  958 So. 2d 1047· Fla. 2d DCA· 2007-06-13 ·cited 13×
  Smith Thomas appeals his convictions for drug-related offenses, challenging the trial court's refusal to strike a prospective juror for cause during jury selection. The appellate court affirms, holding that although the trial court likely erred in denying the cause challenge, the
• Overnight Success Constr., Inc. v. Pavarini Constr. Co., Inc.
  955 So. 2d 658· Fla. 3d DCA· 2007-05-09 ·cited 13×
  Overnight Success Construction appealed a summary judgment in favor of Pavarini Construction and challenged the trial court's allowance of Pavarini's amendment to affirmative defenses late in litigation. The court affirmed, holding that the amendment was properly granted within t
• Garcia v. Garcia
  958 So. 2d 947· Fla. 3d DCA· 2007-04-11 ·cited 13×
  Vanessa Garcia appeals a trial court's denial of her motion to transfer venue in a post-dissolution family law matter and challenges the court's referral of contested issues to a general magistrate. The court affirmed the venue denial but granted mandamus to compel the trial cour
• Fisher v. State
  924 So. 2d 914· Fla. 5th DCA· 2006-03-24 ·cited 13×
  Fisher appeals his convictions for arson of a motor vehicle, arson of a dwelling, and arson resulting in serious bodily injury, challenging the admission of evidence regarding his prior felony convictions and a photo lineup. The court affirmed, holding that Fisher's own exculpato
• Boutwell v. Adams
  920 So. 2d 151· Fla. 1st DCA· 2006-02-03 ·cited 13×
  In this dissolution of marriage case, the appellate court reversed the trial court's substantially unequal distribution of marital assets (76% to the wife, 24% to the husband) because the trial court's stated justifications—the husband's post-filing credit card debt, his involvem
• Isa Black v. State
  920 So. 2d 668· Fla. 5th DCA· 2006-01-06 ·cited 13×
  Isa Black appeals his conviction for robbery and aggravated assault, arguing that the trial court abused its discretion by admitting testimony from his former attorney regarding a recorded jail telephone conversation. The court affirmed, holding that the communication was not con
• Zuluaga v. State
  915 So. 2d 1251· Fla. 3d DCA· 2005-12-21 ·cited 13×
  Giovanni Zuluaga was convicted of trafficking in Ecstasy following a jury trial. He appealed claiming error in the admission of hearsay evidence, improper credibility bolstering of an informant, and improper closing argument. The court affirmed the conviction, finding any evident
• Taylor v. Mazda Motor OF Am., Inc.
  934 So. 2d 518· Fla. 3d DCA· 2005-11-09 ·cited 13×
  The court held that the trial court abused its discretion by striking the plaintiff's witnesses as a sanction, but did not abuse its discretion in denying the motion for continuance.
• Slater v. State
  910 So. 2d 347· Fla. 4th DCA· 2005-09-14 ·cited 13×
  Defendant was convicted of marijuana possession with intent to sell and driving with suspended license. The appellate court reversed because the trial court erred in refusing to strike a juror who admitted he would give greater credence to police officer testimony than lay testim
• Ditton v. Circelli
  888 So. 2d 161· Fla. 5th DCA· 2004-12-03 ·cited 13×
  The court held that while custody and attorney's fees awards were supported by evidence, the retroactive child support award was improperly calculated and must be recalculated.
• Poling v. Palm Coast Abstract & Title, Inc.
  882 So. 2d 483· Fla. 5th DCA· 2004-09-17 ·cited 13×
  The court held that the trial court did not abuse its discretion in entering a judgment against the Polings for their contumacious failure to comply with court orders and appear for trial.
• Roshawn T. Stephens v. State
  863 So. 2d 434· Fla. 4th DCA· 2003-12-31 ·cited 13×
  Stephens was charged with four counts arising from two separate and unrelated incidents: grand theft auto and burglary (Durango theft) and burglary with assault/battery and petit theft (Watson purse theft and assault). The trial court improperly denied his motion to sever the cha
• Jones v. Goodyear Tire & Rubber Co.
  871 So. 2d 899· Fla. 3d DCA· 2003-11-12 ·cited 13×
  The Third District Court of Appeal reversed a trial court's directed verdict and new trial order in favor of Goodyear Tire & Rubber Company, reinstating a jury verdict for the plaintiffs. The court held that the trial judge abused its discretion by excluding expert testimony that
• Roney Plaza Assocs., Ltd. v. Henry
  848 So. 2d 436· Fla. 3d DCA· 2003-07-02 ·cited 13×
• W.T. v. Dep't of Child. & Families
  846 So. 2d 1278· Fla. 5th DCA· 2003-06-13 ·cited 13×
  The court held that the mother's consent to termination of parental rights was not obtained under duress, and therefore, her motion to withdraw consent was properly denied.
• Dena Wilson v. THE Krystal Co.
  844 So. 2d 827· Fla. 5th DCA· 2003-05-16 ·cited 13×
  The court held that the trial court did not abuse its discretion in giving a comparative negligence instruction and denying a motion for a new trial.
• Damiani v. Rommel Damiani
  835 So. 2d 1168· Fla. 4th DCA· 2002-11-20 ·cited 13×
  Norma Damiani appeals a final dissolution judgment that made her ex-husband the primary residential parent and conditioned her visitation on posting a $100,000 bond. The appellate court reversed the bond requirement as an abuse of discretion and the trial court's verbatim adoptio
• Host Marriott Tollroads, Inc. v. Petrol Enters., Inc.
  810 So. 2d 1086· Fla. 4th DCA· 2002-03-20 ·cited 13×
  Host Marriott Tollroads, Inc. appeals the trial court's denial of its motion to dismiss or change venue in a dispute with Petrol Enterprises over gasoline supply services. The Fourth District Court of Appeal reversed, holding that Host properly raised the improper venue defense i
• Cadet v. State
  809 So. 2d 43· Fla. 4th DCA· 2002-02-06 ·cited 13×
  Ernest Cadet was convicted of capital sexual battery and battery against a five-year-old girl. On appeal, Cadet challenged the trial court's failure to ensure a Creole interpreter remained present throughout trial and the admission of collateral crimes evidence involving sexual a
• Alderman v. Fla. Plastering & Associated Indus. Ins. Co.
  805 So. 2d 1097· Fla. 1st DCA· 2002-02-06 ·cited 13×
  An attorney sought statutory attorney's fees in a workers' compensation case after successfully defending a client's right to permanent total disability benefits through appellate litigation up to the Florida Supreme Court. The trial judge reduced the presumptive statutory fee by
• Golden Shores Props., LLC. v. Santopietro
  792 So. 2d 644· Fla. 3d DCA· 2001-08-28 ·cited 13×
  Golden Shores Properties appealed the trial court's discharge of a lis pendens filed in a real property specific performance action. The Third District Court of Appeal affirmed the discharge, holding that Golden Shores failed to establish a prima facie case for injunctive relief
• Onett v. Ahola
  780 So. 2d 979· Fla. 5th DCA· 2001-03-09 ·cited 13×
  The court held that the trial court did not abuse its discretion in denying the motion for continuance and stay, as the appellant failed to demonstrate prejudice.
• Toliver v. State
  737 So. 2d 1142· Fla. 1st DCA· 1999-06-17 ·cited 13×
  The court held that the trial court did not abuse its discretion by denying the appellant's request for appointed counsel at the evidentiary hearing because the issue was not complex.
• Coolidge v. Ulbrich
  733 So. 2d 1092· Fla. 4th DCA· 1999-05-12 ·cited 13×
  The court held that the trial court did not abuse its discretion in ordering the child's surname changed to the name used during the marriage, but reversed the order to amend the birth certificate.
• Nigro v. Brady
  731 So. 2d 54· Fla. 4th DCA· 1999-03-24 ·cited 13×
  This case addresses whether a defendant must move for mistrial during trial to preserve the issue for appeal when a trial court later grants a new trial based on improper cross-examination. The Fourth District Court of Appeal held that a motion for mistrial is not a prerequisite
• Agro AIR Assocs., Inc. v. Houston Cas. Co.
  128 F.3d 1452· 11th Cir.· 1997-11-21 ·cited 13×·via Abuse Of Discretion Standard For Evidentiary Rulings
  Agro Air Associates sued Houston Casualty Company for fraud, alleging that Houston commingled its hull and liability insurance (HLI) policy with extended loss of use insurance (LOUI) policy despite agreeing to keep them separate, causing Agro to face dramatically higher insurance
• Kendall v. Kendall
  677 So. 2d 48· Fla. 4th DCA· 1996-07-10 ·cited 13×
  In this dissolution of marriage case, the husband appealed the trial court's characterization and valuation of marital assets, awards of alimony and attorney's fees, and the trial court's failure to exclude a witness for violating the sequestration rule. The appellate court affir
• Martyn P. Seward v. Seward
  676 So. 2d 49· Fla. 5th DCA· 1996-06-28 ·cited 13×
  The court affirmed the temporary awards of costs and attorney's fees, finding no abuse of discretion.
• Cedar Hammock Fire Dep't & Fla. League of Cities v. Bonami
  672 So. 2d 892· Fla. 1st DCA· 1996-05-07 ·cited 13×
  In a workers' compensation appeal, the First District Court of Appeal reversed a judge's exclusion of vocational counselor testimony regarding a claimant's permanent total disability, finding the exclusion constituted an abuse of discretion where the claimant failed to demonstrat
• Regan v. Regan
  660 So. 2d 1166· Fla. 3d DCA· 1995-09-27 ·cited 13×
  A trial court may terminate shared parental responsibility and award sole custody to the primary residential parent when the record demonstrates the parties' clear inability to agree on routine child-care matters, but must preserve reasonable visitation rights including overnight
• Merrill Lynch Mortg. Cap., Inc. v. Hallmark Indus., Inc.
  627 So. 2d 12· Fla. 2d DCA· 1993-10-01 ·cited 13×·via Gross Abuse Of Discretion
  Merrill Lynch Mortgage Capital appealed from orders denying its motion to vacate a default judgment entered in a quiet title action brought by Hallmark Industries. The court held that Merrill Lynch Mortgage satisfied all three requirements for vacating a default judgment and that
• Mercier v. Sheraton Int'l, Inc.
  981 F.2d 1345· 1st Cir.· 1992-12-22 ·cited 13×
  The court affirmed the district court's dismissal of the case on forum non conveniens grounds, finding that Turkey is an adequate and available alternative forum, and that the balance of convenience factors favors dismissal.