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

• Donato Arguelles v. Citizens Prop. Ins. Corp.
  278 So. 3d 108· Fla. 3d DCA· 2019-07-03 ·cited 11×
  The appellate court affirmed a summary judgment for an insurance company, ruling that the "residence premises" clause in a homeowner's policy required the insured to be living in the property at the time of a plumbing leak for coverage to apply. The court found the policy languag
• Lennon v. Simone Lennon
  264 So. 3d 1084· Fla. 2d DCA· 2019-02-01 ·cited 11×
  Michael Lennon appealed from a final judgment dissolving his marriage, challenging the parenting plan, child support award, and equitable distribution. The court affirmed the equitable distribution and parenting plan with a minor remand regarding mental health treatment consent,
• Towns v. State
  259 So. 3d 291· Fla. 3d DCA· 2018-11-21 ·cited 11×
  A probationer's mere ownership of a vehicle and proximity to contraband located in a back seat is insufficient to establish constructive possession absent independent proof of knowledge and dominion or control; however, a probationer may violate the condition against associating
• Philip Morris USA Inc. v. Gore
  238 So. 3d 828· Fla. 4th DCA· 2018-02-14 ·cited 11×
  This case involves an Engle progeny wrongful death lawsuit where the appellate court affirmed the main appeal regarding the admissibility of expert testimony but reversed and remanded on the cross-appeal concerning punitive damages and the application of comparative fault to comp
• Dontae R. Morris v. State
  233 So. 3d 438· Fla.· 2018-01-11 ·cited 11×
  Dontae Morris appeals his conviction for first-degree murder and death sentence in the 2010 shooting death of Derek Anderson. The Florida Supreme Court affirmed the conviction based on substantial evidence, including a confession to a witness and cell phone records, but vacated t
• Dukes v. Griffin
  230 So. 3d 155· Fla. 1st DCA· 2017-10-11 ·cited 11×
  The court held that Florida statutes do not require trial courts to set forth specific steps for a parent to reestablish majority time-sharing after a modification.
• Arleen Hanna-Mack v. Bank OF Am., N.A.
  218 So. 3d 971· Fla. 3d DCA· 2017-04-12 ·cited 11×
  Arleen Hanna-Mack appealed the dismissal with prejudice of her complaint against Bank of America for trespass, illegal lockout, and conversion of personal property related to her residence. The Third District Court of Appeal reversed the dismissal, holding that the trial court im
• Minor Platt, Jr. v. State
  201 So. 3d 775· Fla. 4th DCA· 2016-09-28 ·cited 11×
  Minor Platt, Jr., was convicted of sexual battery of a child while in a position of familial or custodial authority. The Florida District Court of Appeal reversed his conviction, holding that the trial court committed reversible error by failing to make specific factual findings
• Ferin Bellamy v. State
  199 So. 3d 480· Fla. 4th DCA· 2016-08-31 ·cited 11×
  Bellamy appeals the trial court's denial of her motion for downward departure from sentencing guidelines in a manslaughter case. The appellate court reversed, finding the trial court incorrectly applied the law regarding remorse and isolated incident elements, and may have misapp
• J.N.S. v. A.M.A.
  194 So. 3d 559· Fla. 5th DCA· 2016-06-24 ·cited 11×
  Mother appeals a trial court's paternity judgment establishing equal time-sharing between parents and child support obligations. The appellate court affirmed the parenting plan despite acknowledging disturbing domestic violence evidence from a 2006 incident, but reversed the chil
• Ocwen Loan Servicing, LLC v. Timber Courtney Brogdon
  185 So. 3d 627· Fla. 5th DCA· 2016-02-05 ·cited 11×
  The court held that the trial court abused its discretion by denying the motion for relief from dismissal due to counsel's excusable neglect.
• D.R. v. State
  178 So. 3d 478· Fla. 4th DCA· 2015-10-21 ·cited 11×
  A juvenile appeals his commitment to a low-risk residential program after being adjudicated guilty of grand theft, arguing the trial court failed to properly apply the E.A.R. standard. The Fourth District affirms, holding that E.A.R. findings are required only when a court depart
• Yakov Segalis v. Roof Depot USA, LLC
  178 So. 3d 83· Fla. 4th DCA· 2015-10-21 ·cited 11×
  The court held that a notice of appearance by counsel does not waive a client's claims of lack of personal jurisdiction or denial of due process, and the trial court erred in failing to vacate a void judgment.
• Citibank v. Villanueva
  174 So. 3d 612· Fla. 4th DCA· 2015-09-09 ·cited 11×
  A foreclosure judgment is void if the fee simple title holder is not joined as an indispensable party, and such a judgment must be vacated regardless of delay.
• KEY W. Seaside, LLC v. Certified Lower Keys Plumbing, Inc.
  208 So. 3d 718· Fla. 3d DCA· 2015-09-02 ·cited 11×
  A defendant who receives a judgment of no liability and has made a qualifying offer of judgment is entitled to attorney's fees and costs as a matter of right under Florida's offer of judgment statute, and the trial court may disallow such fees only upon a finding that the offer w
• Thompson v. State
  172 So. 3d 527· Fla. 3d DCA· 2015-08-12 ·cited 11×
  Keith Thompson appealed the revocation of his probation and fifteen-year prison sentence. The Third District Court of Appeal affirmed the probation revocation based on threats of violence and failure to complete his residential program, but reversed the portions based on construc
• Niji Kemp Carrington v. State
  168 So. 3d 285· Fla. 2d DCA· 2015-06-24 ·cited 11×
  The appellate court affirmed the revocation of probation and the resulting prison sentence, finding sufficient evidence for some violations. However, it remanded the case to correct technical errors in the written revocation order regarding which conditions were violated.
• U.S. Bank Nat'l Ass'n for J.P. Morgan Mortg. Acquisition Corp. 2005-WMC1 v. Rios
  166 So. 3d 202· Fla. 2d DCA· 2015-06-10 ·cited 11×
  U.S. Bank appeals a trial court order setting aside a foreclosure sale after third-party purchaser Colfin sought rescission based on alleged fraud regarding undisclosed sinkhole damage. The appellate court reverses, holding that no enforceable agreement existed between the partie
• William Kale, Ph.D. v. Dep't OF Health
  175 So. 3d 815· Fla. 1st DCA· 2015-06-04 ·cited 11×
  Dr. William Kale appeals the Board of Psychology's revocation of his license following his federal conviction for health care fraud. The court affirms, holding that the Board properly revoked his license and did not err in concluding it could not impose an indefinite suspension w
• Jones v. Alayon
  162 So. 3d 360· Fla. 4th DCA· 2015-04-08 ·cited 11×
  In this wrongful death action, the estate of Ryland Nye challenged the trial court's evidentiary rulings and denial of a directed verdict on a seatbelt comparative negligence defense. The Fourth District Court of Appeal affirmed the judgment, holding that the trial court properly
• Chamberlain v. Eisinger
  159 So. 3d 185· Fla. 4th DCA· 2015-02-11 ·cited 11×
  Mother appeals a trial court order modifying timesharing and establishing child support and alimony obligations following a custody dispute in Florida. The appellate court affirmed the timesharing modification, reversed the retroactive child support calculation due to improper in
• McDUFFIE v. McDUFFIE
  155 So. 3d 1234· Fla. 1st DCA· 2015-01-23 ·cited 11×
  The court held that the trial court abused its discretion by imputing income to the former wife without competent, substantial evidence to support the amount. The court reversed and remanded for further proceedings.
• Huggins v. State
  161 So. 3d 335· Fla.· 2014-10-09 ·cited 11×
  John Steven Huggins appeals the circuit court's denial of his motion to vacate his first-degree murder conviction and death sentence under Florida Rule of Criminal Procedure 3.851, and petitions for a writ of habeas corpus. The Florida Supreme Court affirmed the denial of postcon
• U.S. Bank, N.A. v. Vogel
  137 So. 3d 491· Fla. 4th DCA· 2014-03-26 ·cited 11×·via Gross Abuse Of Discretion
  U.S. Bank appealed the trial court's denial of its motion to vacate a foreclosure sale where the bank's counsel failed to bid due to internal miscommunication. The Fourth District reversed, holding that a judicial foreclosure sale may be vacated on equitable grounds such as mista
• Sordo v. Camblin
  130 So. 3d 743· Fla. 3d DCA· 2014-01-22 ·cited 11×
  Ellen Sordo appealed a trial court's modification of the timesharing (custody) plan she shared with Gerard Joseph Camblin. The Florida appellate court affirmed the modification, holding that although the trial court failed to make required factual findings, the mother waived this
• Hodge v. Hodge
  129 So. 3d 441· Fla. 5th DCA· 2013-12-20 ·cited 11×
  Donald Hodge appeals the trial court's award of $2,500 per month in permanent alimony and property distribution in a dissolution of marriage case. The appellate court affirms in part and reverses in part, finding the trial court erred in calculating rental income, investment inco
• Driggers v. Driggers
  127 So. 3d 762· Fla. 2d DCA· 2013-11-27 ·cited 11×
  The appellate court held that the trial court abused its discretion by denying the husband's motion to modify alimony and granting the wife's motion for contempt, as the husband demonstrated a substantial change in circumstances and the contempt finding lacked sufficient evidence
• Carter v. State
  115 So. 3d 1031· Fla. 4th DCA· 2013-06-05 ·cited 11×
  Jeffrey Carter was convicted of two counts of aggravated battery for attacking two homeless individuals with a knife. The Fourth District Court of Appeal affirmed the justifiable use of deadly force jury instruction but reversed and remanded for a new trial due to the erroneous a
• Howell v. State
  109 So. 3d 763· Fla.· 2013-02-19 ·cited 11×
  Paul Augustus Howell, convicted and sentenced to death for constructing a bomb intended to kill a witness that instead killed a Florida Highway Patrol Trooper, appeals the denial of his successive postconviction motion filed just before his scheduled execution. The Florida Suprem
• Truett v. State
  105 So. 3d 656· Fla. 1st DCA· 2013-01-30 ·cited 11×
  Brian Keith Truett was convicted of felony criminal mischief for allegedly kicking and damaging a car door at a party. On appeal, the Florida First District Court of Appeal reversed his conviction, holding that the trial court erred by refusing to give the jury an instruction on
• Hamil v. State
  106 So. 3d 495· Fla. 4th DCA· 2013-01-16 ·cited 11×
  Appellant Hamil appealed the circuit court's denial of his motion to withdraw a no contest plea to vehicular homicide, arguing the plea was involuntary due to alleged attorney promises regarding sentencing and the trial judge's failure to inquire about such promises. The appellat
• Pierre v. State
  88 So. 3d 354· Fla. 4th DCA· 2012-05-09 ·cited 11×
  The court held that the prosecutor's closing argument, suggesting the victim recanted due to fear without evidentiary support, was improper and prejudicial, requiring reversal.
• Grapski v. City OF Alachua
  134 So. 3d 987· Fla. 1st DCA· 2012-04-27 ·cited 11×
  Appellants Grapski and Canney challenged an attorney's fees award entered on remand after their successful Sunshine Law challenge to the City of Alachua. The trial court awarded $4,470 in fees (14.9 hours at $300/hour) based on the defendant's expert testimony rather than the app
• Kane v. Stewart Tilghman FOX & Bianchi, P.A.
  85 So. 3d 1112· Fla. 4th DCA· 2012-02-29 ·cited 11×
  The court affirmed the trial court's judgment in an attorneys' fees litigation arising from a secret global settlement of claims against an insurance company, where the dispute centered on the allocation of fees between the plaintiffs (bad faith lawyers) and defendants (PIP lawye
• Fergien v. State
  79 So. 3d 907· Fla. 2d DCA· 2012-02-17 ·cited 11×
  Robert Fergien appealed his convictions for drug crimes, arguing the trial court failed to apply the correct legal standard when denying his motion for new trial. The appellate court reversed and remanded because the record did not clearly show whether the trial court properly we
• Schmidt v. VAN
  65 So. 3d 1105· Fla. 1st DCA· 2011-06-30 ·cited 11×
  Schmidt, a defendant in a personal injury suit, appeals a trial court's order granting the plaintiffs a new trial based on the jury verdict being against the manifest weight of the evidence. The appellate court reverses, holding that the trial court abused its discretion by faili
• Shahla M. Rabie Cortez v. Palace Holdings
  66 So. 3d 959· Fla. 3d DCA· 2011-06-22 ·cited 11×
  Shahla Rabie Cortez, a California resident, sought to reverse a trial court's order dismissing her negligence action against Palace Resorts on forum non conveniens grounds. The Florida Third District Court of Appeal affirmed the dismissal, holding that Mexico was a more convenien
• Quick v. State
  46 So. 3d 1159· Fla. 4th DCA· 2010-11-03 ·cited 11×
  The trial court erred in denying a jury instruction on the affirmative defense of lack of knowledge of the illicit nature of a controlled substance when the defendant testified he did not know the substance in the pipe was cocaine.
• English v. State
  43 So. 3d 871· Fla. 5th DCA· 2010-09-03 ·cited 11×·via Abuse Of Discretion Standard For Evidentiary Rulings
  The court held that while the trial court erred in admitting a BOLO dispatch, the error was harmless beyond a reasonable doubt because the victim had already provided the same description and there was overwhelming evidence of guilt.
• Morgan P. Edwards v. State
  39 So. 3d 447· Fla. 4th DCA· 2010-06-30 ·cited 11×
  Morgan Edwards was convicted of DUI manslaughter after his vehicle struck another car at an intersection. Edwards appealed the trial court's exclusion of expert testimony suggesting the other driver was intoxicated, arguing this evidence was relevant to show reasonable doubt abou
• D'Alusio v. Gould & Lamb, LLC
  36 So. 3d 842· Fla. 2d DCA· 2010-06-02 ·cited 11×
  In this appellate fee dispute, the Florida Second District Court of Appeal held that the trial court abused its discretion by awarding appellate attorneys' fees of $6,875 that lacked evidentiary support, when both expert witnesses agreed the reasonable fee was $22,000. The court
• Giovanna Settimi Caraffa v. Carnival Corp.
  34 So. 3d 127· Fla. 3d DCA· 2010-04-21 ·cited 11×
  Giovanna Settimi Caraffa appealed the dismissal of her wrongful death action against Carnival Corporation on forum non conveniens grounds. The Third District Court of Appeal reversed, holding that Carnival's motion to dismiss based on forum non conveniens was untimely under Flori
• Ford Motor Co. v. James
  33 So. 3d 91· Fla. 4th DCA· 2010-04-14 ·cited 11×
  Ford Motor Company and Michelin North America appealed the trial court's denial of their motions to transfer venue from Broward County to Columbia County on forum non conveniens grounds following a fatal car accident. The appellate court affirmed, holding that the trial court did
• Nilo v. Fugate
  30 So. 3d 623· Fla. 1st DCA· 2010-03-17 ·cited 11×
  In a personal injury case arising from a vehicle rear-end collision, the appellate court affirmed the jury verdict for the defendant/appellee but reversed the trial court's award of attorney's fees under Florida's offer of judgment statute and partially reversed the costs award,
• Leonardis v. Leonardis
  30 So. 3d 568· Fla. 4th DCA· 2010-02-17 ·cited 11×
  The court held that the trial court abused its discretion in valuing the marital home as of the date of filing and in its final judgment's provisions for the husband's equity, which improperly fixed it at a certain sum.
• DND Mail Corp. v. Andgen Props., LLC
  28 So. 3d 111· Fla. 4th DCA· 2010-01-13 ·cited 11×·via Gross Abuse Of Discretion
  The circuit court erred in holding that the trial court lost jurisdiction to sua sponte vacate a default judgment one day after entry while a motion for reconsideration was pending.
• Morgenthau v. Est. OF Richard M. Andzel & Sanders Boyer
  26 So. 3d 628· Fla. 1st DCA· 2009-12-31 ·cited 11×
  Appellant Morgenthau sought to file a claim against an estate over a year after the statutory three-month creditor filing deadline expired. The court affirmed dismissal of the claim because appellant failed to request an extension of time to file under Florida Probate Code § 733.
• Pothen Jacob v. Lalitha Jacob
  26 So. 3d 11· Fla. 2d DCA· 2009-11-13 ·cited 11×
  In this family law appeal, the Husband challenges a trial court's award of temporary child support to the Wife. The appellate court affirmed the trial court's discretion to award temporary support before complete discovery compliance, but reversed and remanded the amount awarded
• Prestige Valet, Inc. v. Louis J. "Duke" Mendel, III
  14 So. 3d 282· Fla. 2d DCA· 2009-08-05 ·cited 11×
  The court held that the trial court erred in conditioning the setting aside of one settlement agreement on the setting aside of a separate agreement, as each contract was distinct.
• Lightcap v. Lightcap
  14 So. 3d 259· Fla. 3d DCA· 2009-07-29 ·cited 11×
  In this dissolution of marriage case, the former husband appeals a trial court's award of nominal alimony ($1.00 per year) to the former wife after a thirty-year marriage. The appellate court affirms, holding that nominal alimony is appropriate in long-term marriages and serves a