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

• Lockett v. Gen. Fin. Loan Co. OF Downtown
  623 F.2d 1128· 5th Cir.· 1980-08-15 ·cited 13×
  The court held that the district court abused its discretion in denying the plaintiff's motion to amend the complaint to add the parent corporation as a defendant, as the statute of limitations had run, making the amendment effectively the only way to pursue the claim against the
• Al-Kim, Inc. v. The United States
  650 F.2d 944· 9th Cir.· 1979-10-11 ·cited 13×
  Third parties whose property is levied upon to satisfy another's tax liability cannot contest the merits of the tax assessment under 26 U.S.C. § 6213, but may seek relief under 26 U.S.C. § 7426 if the levy was wrongful.
• Davis v. Davis
  371 So. 2d 591· Fla. 2d DCA· 1979-06-06 ·cited 13×
  The court held that the trial court abused its discretion by awarding grossly inadequate child support, and increased the award.
• Behrooz Moghanian v. United States Dep't of Just.
  577 F.2d 141· 9th Cir.· 1978-06-19 ·cited 13×
  The court affirmed the Board of Immigration Appeals' decision, finding the Attorney General has discretion to define 'persecution'.
• Gonzalez v. S. Methodist Univ.
  536 F.2d 1071· 5th Cir.· 1976-08-11 ·cited 13×
  The court held that the plaintiff failed to demonstrate a likelihood of success on the merits for her discrimination claim and that the trial court did not abuse its discretion in denying class action status.
• E. Airlines, Inc. v. Dixon
  310 So. 2d 336· Fla. 3d DCA· 1975-03-25 ·cited 13×
  A lessor is not liable for injuries to third parties caused by defects in premises that are in good condition when leased, when the lessee is in possession, occupancy, and control of those premises.
• Shinkewitz v. Shinkewitz
  306 So. 2d 537· Fla. 3d DCA· 1975-01-14 ·cited 13×
• In re Jones v. Jones
  490 F.2d 452· 5th Cir.· 1974-02-25 ·cited 13×
  The court held that the bankruptcy judge did not abuse discretion by granting a discharge despite the bankrupt's inadvertent failure to timely comply with a court order, as the failure was not wilful and no prejudice resulted to creditors.
• United States v. Davis
  486 F.2d 725· 7th Cir.· 1973-10-11 ·cited 13×
  The court held that a defendant's voluntary absence from a portion of his trial does not necessitate a mistrial if the trial court, in its discretion, determines it is appropriate to proceed.
• Jackson v. United States
  330 F.2d 445· 5th Cir.· 1964-04-08 ·cited 13×·via Abuse Of Discretion Standard For Continuance
  The court held that the trial judge did not abuse discretion in denying the motions for continuance and that the jury instruction was proper.
• In re Albert-Harris, Inc. v. Woodward
  313 F.2d 447· 6th Cir.· 1963-02-15 ·cited 13×
  The court held that the district judge was justified in affirming the referee's order authorizing the compromise of creditors' claims, as the settlement was fair and in the best interest of the estate.
• Consumer Fin. Prot. Bureau v. Check & Credit Recovery, LLC
  69 F.4th 1321· 11th Cir.· 2023-06-12 ·cited 12×
  A Georgia investor who paid a commission to a Georgia real estate broker for Florida land, where the broker was unlicensed in Florida, is entitled to restitution of payments made under the void and illegal contract.
• Blackburn v. Shire US Inc
  18 F.4th 1310· 11th Cir.· 2021-11-29 ·cited 12×·via Abuse Of Discretion Standard For Denying Leave To Amend
  The court held that genuine disputes of material fact existed regarding causation in the failure-to-warn claim, precluding summary judgment, and certified two unsettled questions of Alabama law to the state's Supreme Court.
• R.J. Reynolds Tobacco Co. & Philip Morris USA, Inc. v. Neff
  325 So. 3d 872· Fla. 4th DCA· 2021-07-14 ·cited 12×
  R.J. Reynolds and Philip Morris appealed a $10 million wrongful death verdict (compensatory and punitive damages) in a smoking-related lung cancer case. The court reversed and remanded due to multiple improper arguments made by plaintiff's counsel during closing arguments that th
• Skylink Jets, Inc. v. Klukan
  308 So. 3d 1048· Fla. 4th DCA· 2020-12-16 ·cited 12×
  A trial court does not abuse its discretion in determining that a party is not the prevailing party for attorney's fees purposes when that party recovers an affirmative judgment but fails to prevail on the significant issues in the litigation. Under Florida's flexible "significan
• Vann v. State
  288 So. 3d 757· Fla. 2d DCA· 2020-01-08 ·cited 12×
  The appellate court reversed an order revoking John Vann's probation because the trial court relied solely on hearsay evidence. The court found that the evidence presented was insufficient to support the revocation.
• Sajed Khan v. Deutschman
  282 So. 3d 965· Fla. 1st DCA· 2019-10-11 ·cited 12×·via Abuse Of Discretion Standard For Injunctions
  Repeated unwanted communications directed at an ex-partner who has explicitly demanded no contact, including emails and flowers sent despite a cease-and-desist letter and law enforcement intervention, constitute stalking and satisfy the statutory requirements for a dating violenc
• Thorne v. State
  271 So. 3d 177· Fla. 1st DCA· 2019-05-13 ·cited 12×·via Abuse Of Discretion Standard For Trial Court Rulings
  The trial court erred in excluding evidence that the victim had reported three other men as sexual assailants in a November 2013 interview but did not name the defendant, as this evidence was not barred by the Rape Shield statute (which applies only to consensual sexual activity)
• City OF Boca Raton v. Basso
  242 So. 3d 1141· Fla. 4th DCA· 2018-04-04 ·cited 12×
  Basso sued the City of Boca Raton for false arrest and false imprisonment following her DUI arrest. Although the trial court found probable cause existed for the initial arrest, the jury determined probable cause dissipated during her continued detention and awarded Basso $32,000
• Sanchez v. Johana Cinque and Voncent Cinque
  238 So. 3d 817· Fla. 4th DCA· 2018-02-14 ·cited 12×
  A day spa and aesthetician appealed a judgment of $814,694 for negligence in performing a chemical peel on a plaintiff with pre-existing rosacea. The plaintiff alleged the peel permanently aggravated her mild rosacea condition, while defendants claimed comparative negligence. The
• Jordon J. Rasinski v. McCoy
  227 So. 3d 201· Fla. 5th DCA· 2017-08-04 ·cited 12×
  Rasinski appeals a $2.13 million judgment in a negligence case, challenging the jury's award for lost earning capacity and requesting additional collateral source set-offs. The appellate court reverses the lost earning capacity award for insufficient evidence and reverses the den
• The LAS Olas Holding Co. v. Demella
  228 So. 3d 97· Fla. 4th DCA· 2017-07-19 ·cited 12×
  Las Olas Holding Company d/b/a Riverside Hotel appeals a negligence verdict awarding the estate of Alana Demella $3.6 million after she was killed when an intoxicated driver crashed into Riverside's pool cabana. The Fourth District Court of Appeal reversed, holding that Riverside
• Fla. Agency for Health Care Admin. v. Zuckerman Spaeder, LLP
  221 So. 3d 1260· Fla. 1st DCA· 2017-07-06 ·cited 12×
  The court held that the trial court erred in ordering production of public records within forty-eight hours without requiring pre-payment of costs and that mandamus relief was improper because the agency's duty was not ministerial and the requester's right was not indisputable.
• Slinger v. State
  219 So. 3d 163· Fla. 5th DCA· 2017-05-05 ·cited 12×
  The court held that the trial court abused its discretion by failing to conduct an adequate Faretta inquiry into the defendant's waiver of his Sixth Amendment right to counsel.
• NOE v. Brady Marchant NOE
  217 So. 3d 196· Fla. 1st DCA· 2017-04-13 ·cited 12×·via Reasonableness Test For Abuse Of Discretion
  Bradley Noe appealed the trial court's denial of his motion to dissolve a domestic violence injunction entered against him 15 years earlier. The court affirmed, holding that Noe's incarceration alone was insufficient to dissolve the injunction where the appellee demonstrated a re
• Minda v. Minda
  190 So. 3d 1126· Fla. 2d DCA· 2016-04-29 ·cited 12×
  Nancy Minda appeals orders denying her motions to set aside a default judgment of dissolution entered against her in a Florida divorce proceeding. The court affirms the denial of her first motion as facially insufficient but reverses the denial of her second motion, holding it wa
• Abramovic v. Abramovic
  188 So. 3d 61· Fla. 4th DCA· 2016-03-23 ·cited 12×
  The court held that the trial court abused its discretion by ordering the former wife to make an equalizing payment without sufficient evidence of her ability to pay and by awarding the dependency exemption to the former husband without conditioning it on child support compliance
• Arvita M. Coleman v. Bland
  187 So. 3d 298· Fla. 5th DCA· 2016-03-04 ·cited 12×
  The court held that the trial court erred in finding the marital portion of the former husband's pension to be de minimis, as it was not a nominal value and required proper equitable distribution.
• Hidden Ridge Condo. Homeowners Ass'n, Inc. v. Onewest Bank, N.A.
  183 So. 3d 1266· Fla. 5th DCA· 2016-01-29 ·cited 12×
  Hidden Ridge Condominium Homeowners Association appeals a foreclosure judgment in favor of OneWest Bank, challenging the sufficiency of evidence presented at trial. The appellate court reverses the foreclosure judgment, finding that OneWest failed to properly establish the founda
• Clive Stuart-Findlay v. Bank OF Am.
  183 So. 3d 468· Fla. 4th DCA· 2016-01-20 ·cited 12×
  The borrower appealed a foreclosure judgment, arguing the trial court erred in denying motions to vacate a clerk's default that was improperly entered. The appellate court agreed, holding that under Florida Rule of Civil Procedure 1.500, once a party files any paper in an action,
• Delmer Smith v. State
  170 So. 3d 745· Fla.· 2015-07-09 ·cited 12×
  Delmer Smith was convicted of first-degree murder during a home invasion and robbery, resulting in the brutal beating death of Kathleen Briles with an antique sewing machine. The Florida Supreme Court affirmed both his conviction and death sentence on direct appeal, finding suffi
• Bank OF Am., N.A. v. Delgado
  166 So. 3d 857· Fla. 3d DCA· 2015-05-06 ·cited 12×
  Bank of America appeals a final judgment entered against it in a mortgage foreclosure action, arguing the trial court improperly excluded loan payment history evidence, which prevented the Bank from proving the amount due on the note. The Third District Court of Appeal reverses,
• Queior v. State
  157 So. 3d 370· Fla. 2d DCA· 2015-01-30 ·cited 12×
  Kyle Queior appeals the revocation of his probation based on an alleged violation for possessing opiates. The Second District reversed, holding that the State failed to present competent, non-hearsay evidence of drug use because the probation officer's testimony about a field tes
• Holland v. State
  775 F.3d 1294· 11th Cir.· 2014-12-29 ·cited 12×
  Albert Holland was convicted of murdering police officer Scott Winters and sentenced to death. Holland, who suffered serious mental illness including schizophrenia and a prior brain injury, repeatedly requested to represent himself before trial, but the trial court denied these r
• Deal v. State
  145 So. 3d 212· Fla. 4th DCA· 2014-08-20 ·cited 12×
  Robert Deal appealed the revocation of his probation, arguing the trial court erred in denying his motion for a continuance to retain private counsel, among other issues. The appellate court reversed and remanded for a new violation of probation hearing, holding that the trial co
• Rush v. Burdge
  141 So. 3d 764· Fla. 2d DCA· 2014-07-11 ·cited 12×
  Attorney Brian Rush appealed a trial court order imposing $8,000 in sanctions for allegedly disrupting a compulsory medical examination. The Florida District Court of Appeal reversed, holding that the trial court failed to make the required express finding of bad faith conduct ne
• Holland v. Holland
  140 So. 3d 1155· Fla. 1st DCA· 2014-06-30 ·cited 12×
  The trial court abused its discretion by modifying a time-sharing schedule without a final order, proper findings, or evidence of a substantial change in circumstances or the children's best interests.
• Vantium Cap., Inc. v. Hobson
  137 So. 3d 497· Fla. 4th DCA· 2014-03-26 ·cited 12×
  Vantium Capital appealed the trial court's denial of deficiency judgments in three mortgage foreclosure cases. The appellate court reversed, holding that the trial court abused its discretion by improperly placing the burden on the foreclosure plaintiff to prove fair market value
• Federico Torrealba Navas v. Brand
  130 So. 3d 766· Fla. 3d DCA· 2014-01-29 ·cited 12×
  The Third District Court of Appeal affirmed the trial court's denial of motions to dismiss for lack of jurisdiction and forum non conveniens filed by Costa Rican attorneys and their law firm. The court held that Florida courts could properly exercise jurisdiction over the defenda
• Weisberg v. Albert
  123 So. 3d 663· Fla. 4th DCA· 2013-10-16 ·cited 12×
  Weisberg appeals a domestic violence injunction entered against him by his former son-in-law Albert. The court reversed, holding that Albert failed to prove he was a victim of domestic violence or in imminent danger thereof based on a single threatening statement without overt ac
• Pelham v. Walker
  135 So. 3d 1114· Fla. 2d DCA· 2013-09-18 ·cited 12×
  Evelyn Pelham appealed a negligence judgment awarding her partial damages after a motor vehicle accident caused by Josephine Walker. The appellate court reversed and remanded for a new trial, finding the trial court abused its discretion by denying Pelham's challenge for cause to
• Fla. Power & Light Co. v. Hayes
  122 So. 3d 408· Fla. 4th DCA· 2013-09-04 ·cited 12×
  Florida Power & Light Company appealed a trial court's grant of summary judgment on liability in favor of plaintiffs in a breach of contract case involving rights to excavate rock from a lake. The appellate court reversed, finding the contract language ambiguous and holding that
• Artoine Jones v. State
  117 So. 3d 818· Fla. 4th DCA· 2013-06-26 ·cited 12×
  The defendant appealed the revocation of his probation based on a loitering or prowling violation. The Fourth District Court of Appeal reversed, finding that the State failed to prove by competent, substantial evidence that the defendant committed the charged offense, as the offi
• Thomas v. State
  125 So. 3d 928· Fla. 4th DCA· 2013-05-15 ·cited 12×
  Willie Thomas appealed his conviction for armed burglary, aggravated battery with a deadly weapon, and cocaine possession, challenging the trial court's evidentiary ruling admitting an excited utterance and claiming the trial court abandoned its neutral role. The Florida District
• Holloway v. State
  114 So. 3d 296· Fla. 4th DCA· 2013-05-01 ·cited 12×
  The court held that the trial court did not err in admitting evidence of ammunition found in the defendant's home because it was relevant to the murder charge.
• Symonette v. State
  100 So. 3d 180· Fla. 4th DCA· 2012-10-24 ·cited 12×
  The court held that photographs of text messages from the defendant's phone were properly admitted into evidence because they were sufficiently authenticated and constituted admissible hearsay as party admissions.
• Marton v. Fla. Hosp. Ormond Beach/Adventist Health Sys.
  98 So. 3d 754· Fla. 1st DCA· 2012-10-12 ·cited 12×
  In this workers' compensation appeal, the court addressed whether a Judge of Compensation Claims (JCC) properly taxed various costs against a non-prevailing claimant under section 440.34(3), Florida Statutes. The court held that the JCC correctly awarded some disputed costs but e
• Marshall-Beasley v. Beasley
  77 So. 3d 751· Fla. 4th DCA· 2011-12-07 ·cited 12×
  Former Wife appeals a final judgment dissolving her 21-year marriage to Former Husband, challenging the trial court's decisions on property distribution, imputed income, alimony, and other matters. The Fourth District Court of Appeal affirms all aspects of the trial court's judgm
• Metro-Dade Invs. v. Granada Lakes Villas Condo., Inc.
  74 So. 3d 593· Fla. 2d DCA· 2011-11-23 ·cited 12×
  Metro-Dade Investments and Santa Barbara Landings Property Owner's Association appealed a trial court's denial of their motion to appoint a receiver over Granada Lakes Villas Condominium Association. The appellate court reversed, holding that trial courts possess inherent equitab
• THE Florida BAR v. Berthiaume
  78 So. 3d 503· Fla.· 2011-11-08 ·cited 12×·via Abuse Of Discretion Standard For Discovery Rulings
  The Florida Bar disciplined attorney Michelle Erin Berthiaume for creating and mailing a fraudulent subpoena to a bank in an attempt to obtain her client's financial records without legal authority. The Florida Supreme Court found her guilty of violating rules prohibiting dishone