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

• Wood v. Bluestone
  9 So. 3d 671· Fla. 4th DCA· 2009-04-08 ·cited 11×
  The trial court abused its discretion by denying the motion to dismiss for forum non conveniens without conducting the required four-part analysis.
• E.E. v. State
  7 So. 3d 1140· Fla. 4th DCA· 2009-03-11 ·cited 11×
  The trial court's explanation for disregarding the Department of Juvenile Justice's disposition recommendation did not comply with the procedural requirements established in E.A.R. v. State.
• Adolfo Arturo Soliz v. State
  18 So. 3d 1094· Fla. 2d DCA· 2009-02-10 ·cited 11×
  Adolfo Soliz appealed the revocation of his probation on a lewd or lascivious molestation conviction, arguing the trial court abused its discretion in finding willful violations of four probation conditions. The appellate court agreed that two violations (conditions 10 and 26 reg
• Bohner v. Bohner
  997 So. 2d 454· Fla. 4th DCA· 2008-12-10 ·cited 11×
  In a family law appeal, the Fourth District Court of Appeal upheld an order requiring a former husband to obtain life insurance to secure alimony and child support obligations, but reversed an award of attorney's fees to the former wife because the trial court failed to establish
• J.A.B. v. State
  993 So. 2d 1150· Fla. 2d DCA· 2008-11-05 ·cited 11×
  J.A.B. appeals a juvenile restitution order requiring her to pay $1,479.09 at $50 per month beginning four months after the order. The court affirms, holding that trial courts may set restitution amounts and payment schedules based on reasonably expected future earnings rather th
• DYC Fishing, Ltd. v. Martinez
  994 So. 2d 461· Fla. 3d DCA· 2008-11-05 ·cited 11×
  DYC Fishing appealed a default judgment entered against it for willfully disregarding court discovery orders. The appellate court affirmed the striking of DYC's pleadings and entry of default as an appropriate sanction, but reversed and remanded the award of unliquidated damages,
• Hollenbeck v. Hooks
  993 So. 2d 50· Fla. 1st DCA· 2008-08-21 ·cited 11×
  A trial court abuses its discretion in denying a motion for new trial when defense counsel makes a misleading statement during voir dire characterizing representation of an insured defendant as representation of an individual consumer rather than a company, which constitutes an i
• Griffin v. Griffin
  993 So. 2d 1066· Fla. 1st DCA· 2008-06-16 ·cited 11×
  Steven Griffin appealed his divorce judgment, challenging the trial court's imputation of income for purposes of calculating alimony. The appellate court reversed the income imputation and remanded for reconsideration of the alimony award, finding no evidence that Griffin volunta
• Newman v. State
  976 So. 2d 76· Fla. 4th DCA· 2008-02-20 ·cited 11×
  Larry Ray Newman appeals his conviction for drug offenses and resisting an officer, claiming fundamental error in jury instructions. The Fourth District Court of Appeal affirms, finding that while the trial court made several minor mistatements in instructing the jury, these erro
• Titus L. Bellot v. State
  964 So. 2d 857· Fla. 2d DCA· 2007-09-19 ·cited 11×
  Appellant Bellot pleaded no contest to armed trespass, resisting an officer, and attempted robbery. He appeals a restitution order requiring him to pay $22,679.85 in medical bills for the victim. The court affirms only the $536 ambulance charge but reverses the remainder due to i
• Reynaldo Castillo v. Castillo
  950 So. 2d 527· Fla. 4th DCA· 2007-03-14 ·cited 11×
  Father appeals the trial court's designation of mother as primary residential parent in a dissolution of marriage. The appellate court affirms, holding that the trial court's custody decision was supported by competent substantial evidence and that no written findings were requir
• Anthony v. Anthony
  949 So. 2d 226· Fla. 3d DCA· 2007-01-03 ·cited 11×
  Andrew Anthony appeals an order enforcing a settlement agreement requiring him to sign his ex-wife's proposed release. The appellate court reversed, holding that the plain language of the settlement agreement limited the required releases to the wife and her individual attorney,
• Alandrey Peral Brown v. State
  942 So. 2d 12· Fla. 1st DCA· 2006-10-18 ·cited 11×
  Alandrey Brown appeals his convictions for battery on a law enforcement officer, resisting an officer with violence, and possession of cocaine, challenging the trial court's denial of multiple continuance motions. The First District Court of Appeal affirmed the convictions, findi
• Gilileo v. State
  923 So. 2d 612· Fla. 2d DCA· 2006-03-29 ·cited 11×
  The court held that the trial court abused its discretion by setting restitution at $30,000 without sufficient evidentiary support, potentially overcompensating the victim.
• Sorrentino v. River RUN Condo. Ass'n
  925 So. 2d 1060· Fla. 5th DCA· 2006-03-03 ·cited 11×
  The Sorrentinos appealed a trial court decision that enjoined a condominium association from requiring removal of installed solar tubular skylights but denied the Sorrentinos attorney's fees as the prevailing party. The Fifth District Court of Appeal reversed, holding that the So
• Morrow v. Frommer
  913 So. 2d 1195· Fla. 4th DCA· 2005-10-12 ·cited 11×
  A Florida appellate court reviewed a trial court's denial of a father's petition to modify a paternity judgment regarding custody, visitation, and child support. The court affirmed the custody arrangement but remanded for the trial court to make specific findings supporting its c
• Fla. Parole Comm'n v. Huckelbury
  903 So. 2d 977· Fla. 1st DCA· 2005-05-06 ·cited 11×
  The Florida Parole Commission challenged a circuit court order requiring it to reconsider its decision to suspend an inmate's presumptive parole release date. The appellate court held that the Parole Commission's discretionary parole decisions can only be set aside for demonstrat
• Rivera v. Dep't OF Revenue
  899 So. 2d 1265· Fla. 2d DCA· 2005-04-22 ·cited 11×·via Gross Abuse Of Discretion
  The court held that the circuit court grossly abused its discretion by setting aside a default judgment without evidence of excusable neglect and a meritorious defense.
• O'Brien v. O'Brien
  899 So. 2d 1133· Fla. 5th DCA· 2005-02-11 ·cited 11×
  In a divorce case, the trial court excluded electronic communications that the wife illegally intercepted using spyware installed on the husband's computer. The appellate court affirmed, holding that the wife's spyware constituted illegal interception of electronic communications
• Freedom Life Ins. Co. OF Am. v. Wallant
  891 So. 2d 1109· Fla. 4th DCA· 2004-12-29 ·cited 11×
  Freedom Life Insurance Company appeals a class certification order for policyholders claiming the company's dispute resolution provision is unconscionable and improperly denies/delays claims. The court affirms class certification under Rule 1.220(b)(3) but reverses certification
• Dep't OF Revenue v. Yambert
  883 So. 2d 881· Fla. 5th DCA· 2004-10-01 ·cited 11×
  The Department of Revenue appealed a trial court's award of section 57.105 attorney's fees to Matthew Yambert in paternity and child support actions. The Florida Fifth District Court of Appeal reversed, holding that DOR's actions did not meet the statutory standards for frivolous
• Laschke v. R.J. Reynolds Tobacco Co.
  872 So. 2d 344· Fla. 2d DCA· 2004-04-16 ·cited 11×
  Although a trial court found that Mrs. Laschke's request to alter medical records and her false denial under oath constituted fraud on the court, dismissal with prejudice was an abuse of discretion because the evidence did not clearly and convincingly demonstrate that her unsucce
• Deklyen v. Truckers World, Inc.
  867 So. 2d 1264· Fla. 5th DCA· 2004-03-19 ·cited 11×
  Donna Deklyen appeals the denial of her motion for a new trial following a jury verdict that awarded her substantial economic damages but zero noneconomic damages for injuries sustained in a fall at a truck stop. The court reversed, finding the damage award grossly inadequate and
• State v. Humphreys
  867 So. 2d 596· Fla. 2d DCA· 2004-03-05 ·cited 11×
  The trial court abused its discretion by denying the State's motion to continue an evidentiary hearing, which resulted in the suppression of evidence.
• Harmon v. State
  854 So. 2d 697· Fla. 5th DCA· 2003-08-08 ·cited 11×
  Anthony K. Harmon appeals his conviction for burglary with assault or battery, contending the trial court improperly excluded his hearsay statement "he's got my money" as an excited utterance. The appellate court affirms, holding that while the statement qualified as an excited u
• Kohler v. Vega-Maltes
  838 So. 2d 1249· Fla. 2d DCA· 2003-03-12 ·cited 11×·via Abuse Of Discretion In Dismissal
  Charles Kohler appeals the trial court's dismissal of his complaint for failure to serve the defendant within 120 days of filing. The District Court of Appeal reversed, holding that Kohler demonstrated good cause and excusable neglect, and even without such showing, the trial cou
• Scott v. State
  825 So. 2d 1067· Fla. 4th DCA· 2002-09-18 ·cited 11×
  The court held that the trial court abused its discretion in denying a for-cause challenge to a juror who expressed a tendency to give more respect to police officers' testimony.
• Gen. Motors Acceptance Corp. v. Laesser
  791 So. 2d 517· Fla. 4th DCA· 2001-07-18 ·cited 11×
  A trial court's award of appellate attorney's fees to a prevailing defendant under Florida Statutes section 501.2105 is reviewed for abuse of discretion using the lodestar method, and where competent substantial evidence supports the trial court's findings regarding reasonable ho
• Newton Carlton Slawson v. State
  796 So. 2d 491· Fla.· 2001-07-05 ·cited 11×
  A death-sentenced inmate, Slawson, sought to waive his right to collateral counsel and all postconviction proceedings. The Florida Supreme Court upheld the circuit court's determination that Slawson was mentally competent to make a knowing, intelligent, and voluntary waiver of hi
• Nat'l Healthcorp Ltd. P'ship v. Close
  787 So. 2d 22· Fla. 2d DCA· 2001-01-17 ·cited 11×
  National Healthcorp appeals a trial court's order granting plaintiff a new trial and denying National's motion for attorney's fees after a jury verdict in National's favor. The court reverses both rulings, holding that discovery restrictions did not constitute an abuse of discret
• Porzio v. Porzio
  760 So. 2d 1075· Fla. 5th DCA· 2000-06-23 ·cited 11×
  John Porzio appeals a divorce judgment dissolving his 17-year marriage to Doreen Porzio. The appellate court affirmed most of the judgment but reversed and remanded portions relating to child medical insurance, lump sum alimony, attorney fees, and asset distribution due to insuff
• Ulysses Glee v. State
  731 So. 2d 759· Fla. 4th DCA· 1999-04-07 ·cited 11×
  Ulysses Glee appeals the revocation of his probation after being found alone with three unsupervised children under 18, violating a condition of his probation for child abuse. The court affirmed the revocation, finding that Glee's violation was deliberate and willful based on his
• Llumbet v. State
  698 So. 2d 381· Fla. 4th DCA· 1997-08-27 ·cited 11×
  David Llumbet appeals the revocation of his community control in two cases resulting from alleged violations. The Fourth District Court of Appeal affirms in part and reverses in part, finding that while some violations were properly found, the restitution revocation was premature
• Eager v. Eager
  696 So. 2d 1235· Fla. 3d DCA· 1997-06-11 ·cited 11×
  The court held that the trial court erred in failing to exclude the husband's premarital contribution to his 401(k) from equitable distribution and in awarding seven years of rehabilitative alimony without explanation.
• Paranzino v. Barnett Bank OF S. Fla., N.A.
  690 So. 2d 725· Fla. 4th DCA· 1997-04-02 ·cited 11×
  This appeal addresses whether a trial court properly dismissed a breach of contract complaint with prejudice as a sanction for violating the confidentiality provisions of a court-ordered mediation agreement. The court affirmed the dismissal, holding that the plaintiff's disclosur
• Segarra v. Mellerson
  675 So. 2d 980· Fla. 3d DCA· 1996-05-29 ·cited 11×
  The court held that the trial court did not abuse its discretion in admitting certain testimony and comments thereon, but erred in denying attorney's fees based on an incorrect standard.
• United States v. Patty
  992 F.2d 1045· 10th Cir.· 1993-04-27 ·cited 11×
  The court held that attorney fees are not recoverable in restitution unless directly related to the criminal conduct, but prejudgment interest is permissible under the VWPA. The court also found that the sentencing court abused its discretion in determining the defendant had the
• United States v. Petty
  982 F.2d 1365· 9th Cir.· 1993-01-07 ·cited 11×
  The dissent argues that the Confrontation Clause and Due Process Clause require defendants to have the right to confront witnesses at sentencing, especially under the Federal Sentencing Guidelines where factual determinations have a significant impact on the sentence.
• Smith v. Great Am. Rests., Inc.
  969 F.2d 430· 7th Cir.· 1992-07-24 ·cited 11×
  The court held that the jury's finding of age discrimination and willfulness was supported by sufficient evidence, but remanded for recalculation of damages and attorney's fees.
• Hobart Corp. v. Siegle
  600 So. 2d 503· Fla. 3d DCA· 1992-06-09 ·cited 11×·via Abuse Of Discretion Standard For Evidentiary Rulings
  Hobart Corporation appeals a jury verdict in a products liability action where a minor suffered hand injuries from a commercial food grinder. The Third District affirmed the judgment, holding that the trial court did not abuse its discretion in evidentiary rulings or jury instruc
• United States v. Butt
  955 F.2d 77· 1st Cir.· 1992-01-27 ·cited 11×
  The court affirmed the convictions but reversed and remanded for resentencing regarding the enhancement for interference with justice, agreeing with the government that the district court erred in its application of the Sentencing Guidelines to defendant Butt.
• Partee v. Metro. Sch. Dist. OF Wash. Twp.
  954 F.2d 454· 7th Cir.· 1992-01-21 ·cited 11×
  The court held that the school district was not liable under § 1983 for the superintendent's isolated act, that the plaintiff's promotion claims were not actionable under § 1981, and that the trial court did not abuse its discretion in denying a Rule 60(b) motion to revive dismis
• Joey v. Gutierrez
  953 F.2d 579· 10th Cir.· 1992-01-02 ·cited 11×
  The court held that the plaintiff's application for attorney's fees under the EAJA was timely and that the Secretary's position was not substantially justified, thus reversing the denial of fees.
• Consol. Beef Indus., Inc. v. NEW York Life Ins. Co.
  949 F.2d 960· 8th Cir.· 1991-11-19 ·cited 11×
  The court held that ERISA pre-empts CBI's state law claims and that New York Life was not an ERISA fiduciary, affirming the grant of summary judgment and denial of attorney's fees.
• United States v. Cusumano
  943 F.2d 305· 3d Cir.· 1991-08-28 ·cited 11×
  The court held that the Retail Clerks Tri-State Health and Welfare Fund was an ERISA welfare benefit plan and could be the subject of a § 1954 prosecution, and that the jury instructions for embezzlement and sentencing adjustments were proper.
• United States v. Adolph J. Barsanti
  943 F.2d 428· 4th Cir.· 1991-08-19 ·cited 11×·via Abuse Of Discretion Standard For Expert Testimony
  The court held that the district court did not err in excluding expert testimony on the meaning of 'owner-occupant' as it was within common knowledge, and any error regarding 'this transaction' was harmless. Venue was proper, and the Sentencing Guidelines applied to the conspirac
• Moss v. OLE S. Real Est., Inc.
  933 F.2d 1300· 5th Cir.· 1991-06-26 ·cited 11×
  The court held that the magistrate abused his discretion in excluding the Air Force report and the testimony of investigators, as the focus should be on reliability, not credibility, and substantial rights were likely affected. However, the second HUD report was properly excluded
• Rock v. Huffco GAS & OIL Co.
  922 F.2d 272· 5th Cir.· 1991-01-31 ·cited 11×
  The court held that statements made by the injured employee to his physicians, contained in medical records, accident reports, and to family members, were inadmissible hearsay and did not meet the exceptions to the hearsay rule.
• United States v. Rucker
  915 F.2d 1511· 11th Cir.· 1990-10-30 ·cited 11×·via Abuse Of Discretion Standard For Severance
  The court held that the trial judge erred by not granting Robert Rucker's motion to sever his trial from Tony Rucker's, and that Tony Rucker was prejudiced by the improper admission of evidence.
• Willy v. The Coastal Corp.
  915 F.2d 965· 5th Cir.· 1990-10-26 ·cited 11×
  A district court has jurisdiction to impose Rule 11 sanctions even if it lacks subject matter jurisdiction over the underlying claims, and the amount of sanctions is reviewed for abuse of discretion.