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

• V.C. v. State
  63 So. 3d 831· Fla. 3d DCA· 2011-05-18 ·cited 12×
  A juvenile was adjudicated delinquent of felony battery as a lesser included offense of aggravated battery with a deadly weapon, but the Florida appellate court reversed because felony battery is a category two permissive lesser included offense that must be alleged in the chargi
• LaCOSTE v. LaCOSTE
  58 So. 3d 404· Fla. 1st DCA· 2011-04-14 ·cited 12×
  The appellate court affirmed the trial court's judgment, holding that the former wife failed to preserve her argument regarding the classification of the land and that the trial court did not abuse its discretion in distributing the land or setting child support.
• Spano v. Bruce
  62 So. 3d 2· Fla. 3d DCA· 2011-02-23 ·cited 12×
  The court held that a general magistrate cannot preside over an adjudicatory hearing for termination of parental rights.
• Phillips v. Ford
  68 So. 3d 257· Fla. 4th DCA· 2010-11-24 ·cited 12×·via Abuse Of Discretion Standard For Attorney'S Fees
  Steven B. Phillips appeals a trial court order awarding attorney's fees to his ex-wife Pamela A. Ford in a modification proceeding. The Fourth District Court of Appeal reversed the fee award, holding that the trial court failed to make adequate findings regarding the wife's finan
• Johnson v. State
  47 So. 3d 941· Fla. 3d DCA· 2010-11-17 ·cited 12×
  A trial court abuses its discretion by excluding prior sworn testimony that is relevant to a material issue in dispute when the opposing party had a full opportunity to cross-examine the witness, unless the objecting party demonstrates that the probative value is substantially ou
• Sharaby v. KLV Gems Co., Inc.
  45 So. 3d 560· Fla. 4th DCA· 2010-10-20 ·cited 12×
  Benjamin Sharaby, a defendant in a jewelry dispute, appealed the trial court's denial of attorney's fees under both a proposal for settlement and a frivolous lawsuit statute. The Fourth District Court of Appeal affirmed the denial of fees under the frivolous lawsuit statute but r
• Victor Genchi, M.D. v. Lower Fla. Keys Hosp. Dist.
  45 So. 3d 915· Fla. 3d DCA· 2010-10-06 ·cited 12×
  Dr. Genchi appealed the denial of his motion for a temporary injunction seeking reinstatement of his medical staff privileges at Lower Keys Medical Center, which were not renewed because he failed to comply with a seven-year board certification requirement. The court affirmed the
• Warfel v. Universal Ins. Co. of N. Am.
  36 So. 3d 136· Fla. 2d DCA· 2010-05-12 ·cited 12×
  Michael Warfel appeals the denial of his sinkhole insurance claim, challenging a jury instruction that created a presumption favoring the insurer's expert report. The court reversed, holding that the statutory presumption in section 627.7073(1)(c) affects only the burden of produ
• Dian Lewis v. Fifth Third Mortg. Co.
  38 So. 3d 157· Fla. 3d DCA· 2010-02-10 ·cited 12×·via Gross Abuse Of Discretion
  Dian Lewis, a Florida attorney residing in the Bahamas, appealed the trial court's denial of her motion to vacate a default judgment and final foreclosure judgment on her Miami property. The court affirmed, holding that the affidavit of diligent search was facially sufficient to
• Welch v. Welch
  22 So. 3d 153· Fla. 1st DCA· 2009-11-30 ·cited 12×
  The appellate court withdrew its prior opinion and substituted a clarifying opinion regarding the former wife's appeal of the trial court's findings on her income for alimony and child support.
• Chue v. Lehman
  21 So. 3d 890· Fla. 4th DCA· 2009-11-04 ·cited 12×
  The appellate court affirmed the trial court's denial of attorney's fees, finding no abuse of discretion.
• Roberts v. Stidham
  19 So. 3d 1155· Fla. 5th DCA· 2009-10-16 ·cited 12×
  Laura Roberts appealed the dismissal of her personal injury lawsuit due to untimely service of process. The Florida District Court of Appeal reversed, holding that the process server's diligent efforts to locate and serve the defendants constituted good cause for the 32-day delay
• White v. State
  993 So. 2d 611· Fla. 1st DCA· 2008-10-31 ·cited 12×
  Antonio Bernard White was convicted of burglary of an occupied dwelling and grand theft following a jury trial. On appeal, he challenged the trial court's exclusion of testimony regarding his intent and argued the grand theft conviction was unsupported by evidence of the property
• Woodward v. State
  992 So. 2d 391· Fla. 1st DCA· 2008-10-15 ·cited 12×
  An indigent defendant is entitled to appointed counsel for post-conviction claims if the assistance of counsel is essential for a fair presentation, particularly when complex medical issues or the need for expert testimony is involved.
• Moore v. Hillsborough Cnty. Sch. Bd. & Broadspire
  987 So. 2d 1288· Fla. 1st DCA· 2008-08-21 ·cited 12×
  Victoria Moore appealed a workers' compensation decision challenging the Judge of Compensation Claims' restriction of her attorney fee to the statutory schedule and denial of full costs. The appellate court affirmed the attorney fee award but reversed and remanded the denial of w
• Smith v. Sch. Bd. OF Palm Beach Cnty.
  981 So. 2d 6· Fla. 4th DCA· 2007-11-21 ·cited 12×
  Jerry Smith appealed a trial court's determination of attorney's fees and costs in his § 1983 civil rights action against the School Board of Palm Beach County. The appellate court affirmed the reasonable number of hours and rejection of a lodestar multiplier, but reversed the ho
• Gaffney v. Gaffney
  965 So. 2d 1217· Fla. 4th DCA· 2007-09-26 ·cited 12×
  A Florida appellate court reversed a trial court's award of lump-sum alimony to Wife in a dissolution of marriage case, holding that the marital component of Husband's FRS pension accumulated during the marriage constituted a marital asset subject to equitable distribution, despi
• Fredman v. Fredman
  960 So. 2d 52· Fla. 2d DCA· 2007-06-20 ·cited 12×
  This case addresses whether Florida's parental relocation statute (section 61.13(2)(d)) is constitutional and whether the trial court properly denied a mother's request to relocate with her two children from Florida to Texas. The appellate court affirmed, holding that the statute
• David Glabman, M.D. v. DE LA Cruz
  954 So. 2d 60· Fla. 3d DCA· 2007-03-28 ·cited 12×
  The court held that the jury's damages award was excessive and likely influenced by passion and emotion, requiring a reversal on damages only.
• Gauthier v. State
  949 So. 2d 326· Fla. 5th DCA· 2007-02-23 ·cited 12×
  The court held that the trial court erred in revoking probation based solely on hearsay evidence of a residence change, which was contradicted by direct testimony.
• Y.P. v. Dep't of Child. & Fam. Servs.
  939 So. 2d 1118· Fla. 3d DCA· 2006-10-04 ·cited 12×
  A father appeals an adjudication of his minor children as dependent based on his violent behavior and domestic abuse in the presence of the children. The Florida appellate court affirmed the dependency adjudication, holding that the evidence sufficiently established the children
• Reaves v. State
  942 So. 2d 874· Fla.· 2006-09-14 ·cited 12×
  William Reaves, a death row inmate, appealed the denial of his Rule 3.851 motion for post-conviction relief, arguing that his trial counsel was ineffective for failing to present a voluntary intoxication defense and for failing to pursue live testimony and forensic testing at the
• Neville D. Richards v. The Sheriff OF Palm Beach Cnty.
  925 So. 2d 1166· Fla. 4th DCA· 2006-04-26 ·cited 12×
  Richards brought a civil action against Palm Beach County Sheriff for false imprisonment, false arrest, and malicious prosecution arising from his arrest in 1999 despite being identified by the assaulted officer as not the perpetrator. The trial court dismissed the case for failu
• Cherubino v. Fenstersheib & FOX, P.A.
  925 So. 2d 1066· Fla. 4th DCA· 2006-03-08 ·cited 12×
  The Cherubinos sued their former attorneys, Fenstersheib and Fox, for legal malpractice arising from the firm's failure to comply with discovery orders that resulted in dismissal of their underlying automobile accident claim. The trial court dismissed the malpractice action with
• Sprint Corp. v. Telimagine, Inc.
  923 So. 2d 525· Fla. 2d DCA· 2005-12-28 ·cited 12×
  The court held that the trial court erred in granting a temporary injunction because the parties' agreement did not contemplate such relief under the circumstances, but affirmed the denial of the motion to dismiss.
• Murray B. Silverstein v. Pub. Med. Assistance Tr. Fund
  911 So. 2d 831· Fla. 1st DCA· 2005-08-31 ·cited 12×
• Jones v. State
  908 So. 2d 615· Fla. 4th DCA· 2005-08-24 ·cited 12×·via Abuse Of Discretion Standard For Evidentiary Rulings
  William Daniel Jones was convicted of solicitation to commit second degree murder following a jury trial and sentenced to fifteen years in prison. The Fourth District Court of Appeal reversed the conviction, holding that solicitation to commit second degree murder does not exist
• In the Interest of M.A. v. Dep't of Child. & Families
  906 So. 2d 1226· Fla. 1st DCA· 2005-07-21 ·cited 12×
  The Guardian ad Litem appeals a trial court order placing three dependent children with their Massachusetts relatives instead of their foster family. The court affirms, finding that the trial court properly applied the best interests standard and did not improperly prefer relativ
• Bakery Assocs., Ltd. v. Chantal Rigaud and Robert Rigaud
  906 So. 2d 366· Fla. 3d DCA· 2005-07-20 ·cited 12×·via Abuse Of Discretion Standard For New Trial Motions
  The Mall appealed a trial court's grant of a motion for new trial based on allegedly improper comments made during defense counsel's closing argument. The appellate court reversed, holding that while some comments were improper, they were not sufficiently prejudicial and inflamma
• Henrion v. State
  895 So. 2d 1213· Fla. 2d DCA· 2005-02-25 ·cited 12×
  Timothy Brett Henrion was convicted of three counts of aggravated child abuse involving injuries to his three-month-old son. The Florida Court of Appeal reversed his convictions because the trial court improperly admitted Williams rule evidence of alleged prior injuries inflicted
• Robbins v. State
  891 So. 2d 1102· Fla. 5th DCA· 2004-12-23 ·cited 12×
  Ronald Robbins was convicted of second-degree murder for shooting Jason Starkey during a street fight. The Florida Fifth District Court of Appeal reversed his conviction, finding that the prosecutor improperly commented on Robbins' post-arrest silence regarding a knife attack, an
• Cooper v. Ford & Sinclair, P.A.
  888 So. 2d 683· Fla. 4th DCA· 2004-11-17 ·cited 12×
  Ronald and Virginia Cooper appealed an order awarding attorneys' fees and personal representative fees to Melanie Kelly and her attorneys for settling a wrongful death claim against a hospital on behalf of Dorothy Cooper's estate. The court affirmed, holding that Kelly's letters
• Sundarampillai Jeyanandarajan v. Freedman
  863 So. 2d 432· Fla. 4th DCA· 2003-12-31 ·cited 12×
  Appellant Jeyanandarajan appeals from a final judgment entered after the trial court denied his motion to vacate a default judgment. The appellate court reversed, holding that the appellant presented sufficient evidence of excusable neglect because his wife, who was served, faile
• Estate v. Noreen Djokic and Jeannette Teufel
  858 So. 2d 371· Fla. 4th DCA· 2003-11-05 ·cited 12×
  Bob Montgomery Real Estate, a real estate broker, appealed the trial court's dismissal of two counts of a tortious interference complaint as a sanction for submitting allegedly forged and altered listing agreement documents. The court reversed, holding that the equivocal evidence
• Amos Lee King v. State
  840 So. 2d 1047· Fla.· 2003-02-24 ·cited 12×
  The court held that the attorneys in this case do not have a close relationship with their alleged clients and thus lack standing.
• ST. Paul Mercury Ins. Co. v. Coucher
  837 So. 2d 483· Fla. 5th DCA· 2002-12-27 ·cited 12×
  St. Paul Mercury Insurance Company appeals a $25,000 judgment awarding uninsured motorist benefits to the estate of Walter Luckner. The court affirms, holding that St. Paul waived its "other insurance" policy defense by failing to raise it as an affirmative defense in its pleadin
• LPP Mortg. Ltd. v. Bank OF Am., N.A.
  826 So. 2d 462· Fla. 3d DCA· 2002-09-18 ·cited 12×
  LPP Mortgage appeals a trial court order granting Bank of America relief from judgment under Florida Rule of Civil Procedure 1.540 to correct a judgment that mistakenly omitted $9,459.64 in real estate taxes paid by the bank. The court affirmed, holding that where a party with ac
• Vanderbilt INN ON THE Gulf v. Pfenninger
  834 So. 2d 202· Fla. 2d DCA· 2002-08-30 ·cited 12×
  The trial court did not abuse its discretion in granting a new trial due to juror concealment, and the order is affirmed.
• Normil Normius v. Eckerd Corp.
  813 So. 2d 985· Fla. 2d DCA· 2002-03-15 ·cited 12×
  Normius sued Eckerd Drug Store for false imprisonment and intentional infliction of emotional distress after being detained and searched when an anti-shoplifting alarm sounded as he left the store. The trial court granted a directed verdict on the emotional distress claim and red
• Rivero v. State
  796 So. 2d 633· Fla. 3d DCA· 2001-10-10 ·cited 12×
  The court affirmed the denial of a Rule 3.850 motion after remand for an evidentiary hearing, holding that the trial court properly conducted the hearing and did not abuse its discretion in refusing to appoint counsel for the post-conviction proceeding.
• Schultz v. Schultz
  783 So. 2d 329· Fla. 4th DCA· 2001-04-18 ·cited 12×
  The Florida Fourth District Court of Appeal granted a petition for writ of certiorari to quash an order disqualifying the wife's counsel in a dissolution of marriage proceeding. The disqualification was based on an appearance of conflict arising from a retired partner's brief app
• Travies E. Boutwell, Jr. v. State
  776 So. 2d 1014· Fla. 5th DCA· 2001-01-19 ·cited 12×
  Travies Boutwell appealed the trial court's denial of his motion to withdraw his no-contest plea to lewd or lascivious assault on a child, arguing he was unaware of the consequences of sex offender probation. The appellate court affirmed, holding that the collateral consequences
• Michaels v. State
  773 So. 2d 1230· Fla. 3d DCA· 2000-12-13 ·cited 12×
  The appellate court affirmed the trial court's judgment and sentence for direct criminal contempt, finding no abuse of discretion.
• Nat'l Loan Invs., L.P. v. Joymar Assocs.
  767 So. 2d 549· Fla. 3d DCA· 2000-08-23 ·cited 12×·via Abuse Of Discretion In Dismissal
  National Loan Investors appealed the dismissal with prejudice of its third amended complaint in a mortgage foreclosure action. The court reversed, holding that dismissal with prejudice was an abuse of discretion because NLI could amend its complaint to allege the elements necessa
• Afrazeh v. Miami Elevator Co. OF Am.
  769 So. 2d 399· Fla. 3d DCA· 2000-08-09 ·cited 12×
  Amir Afrazeh appealed an order awarding attorney's fees to two of his former attorneys following an elevator accident settlement. The court affirmed the fee award to Klemick but reversed and reduced the fee award to Smyler due to lack of evidence and professional conduct violatio
• First Miami Sec., Inc. v. Bell
  758 So. 2d 1229· Fla. 4th DCA· 2000-05-24 ·cited 12×
  The court held that the trial court did not abuse its discretion in denying a temporary injunction because the plaintiff failed to demonstrate irreparable harm and a likelihood of success on the merits.
• Miller v. State
  764 So. 2d 640· Fla. 1st DCA· 2000-04-25 ·cited 12×
  Eric Miller was convicted of 32 counts including racketeering, fraud, and grand theft. On appeal, he challenged the trial court's denial of his motion to discharge court-appointed counsel, the refusal to grant replacement counsel a continuance, and the sufficiency of the statemen
• Renelle Lubin v. State
  754 So. 2d 141· Fla. 4th DCA· 2000-03-22 ·cited 12×
  The court held that the trial court did not abuse its discretion in denying the motion for a mistrial based on the prosecutor's question about the secrecy of the surveillance location.
• Darby v. Atlanta Cas. Ins. Co.
  752 So. 2d 102· Fla. 2d DCA· 2000-03-01 ·cited 12×
  Teri Lynn Darby and Michelle Veil appealed a trial court's denial of their motions to transfer venue from Hillsborough to Polk County in an insurance declaratory relief action. The appellate court reversed, holding that the trial court abused its discretion in denying the venue t
• Radziwon v. Radziwon
  710 So. 2d 748· Fla. 4th DCA· 1998-05-27 ·cited 12×
  Philip Radziwon appeals a trial court's reduction of his permanent alimony obligation from $1,200 to $866 per month. The appellate court reversed, finding that the reduction still left the payor unable to meet his basic living expenses and constituted an abuse of discretion.