Abuse Of Discretion Standard On Appeal

197 Florida cases classified under this topic · sorted by citation count · browse and sort

• Eldor Miller v. Commissioner OF Internal Revenue
  741 F.2d 198· 8th Cir.· 1984-08-21 ·cited 2×
  The Tax Court did not abuse its discretion by dismissing the appellant's petition for failure to comply with a discovery order requiring production of documents.
• McDERMOTT Inc. v. Wheelabrator-Frye, Inc.
  649 F.2d 489· 7th Cir.· 1980-09-25 ·cited 2×
  The court held that an increase in the number of shares sought in a tender offer does not constitute a new offer requiring a full extension of the offer period under the Williams Act and SEC regulations.
• In re Guar. Acceptance Corp. v. Fid. Mortg. Invs.
  544 F.2d 449· 10th Cir.· 1976-11-08 ·cited 2×
  The court held that the district court did not err in dismissing GAC's Chapter X petition for improper venue, nor did it abuse its discretion by dismissing rather than retaining or transferring the case.
• Peters v. Kiff
  491 F.2d 967· 5th Cir.· 1974-03-27 ·cited 2×
  The court held that the denial of a continuance was not an abuse of discretion and that the evidence presented did not establish a prima facie case of systematic jury discrimination.
• Angell v. State
  271 So. 2d 37· Fla. 3d DCA· 1972-12-19 ·cited 2×
  Nicholas Angell appealed his conviction for sale and possession of heroin, challenging the imposition of concurrent 5-year sentences and the denial of a continuance motion. The Florida appellate court affirmed the conviction but vacated the possession sentence, holding that when
• Terhune v. Prudential S.S. Corp.
  283 F.2d 467· 2d Cir.· 1960-10-31 ·cited 2×
  The court held that the district court did not abuse its discretion in dismissing the libel for failure to prosecute, especially given the plaintiff's uncertainty about the vessel and prior dismissals of similar claims.
• United States v. Gunther
  259 F.2d 173· D.C. Cir.· 1958-06-19 ·cited 2×
  The dismissal of the indictment for unnecessary delay in bringing the defendant to trial was justified by the unusual circumstances of the case.
• Matthews v. State
  834 So. 2d 900· Fla. 4th DCA· 2003-01-02 ·cited 1×
  The court held that the prosecutor's comments during closing argument were not improper and did not constitute an abuse of discretion.
• Paige v. Sandbulte
  917 F.2d 1108· 8th Cir.· 1990-10-29 ·cited 1×
  The court held that the defendant failed to establish perjury or fraud sufficient to vacate the judgment under Rule 60(b), and thus the district court did not abuse its discretion in denying the motion.
• The Houston Corp. v. Hofmann
  161 So. 2d 243· Fla. 3d DCA· 1964-03-03 ·cited 1×
  The court affirmed the judgment because the appellant waived the defense of res judicata by failing to raise it affirmatively in its answer.
• Ritchie v. Flour Mills OF Am., Inc.
  122 F.2d 986· 8th Cir.· 1941-10-16 ·cited 1×
  The court held that the trial court did not abuse its discretion in awarding partial compensation and expenses to an attorney for a creditors' committee in a reorganization proceeding.
• Morales v. Pirela
  Fla. 3d DCA· 2025-10-15
  A trial court does not abuse its discretion in granting a new trial when the jury's verdict suggests a compromise on liability or confusion regarding damages law.
• Castro v. Heritage Prop. & Cas. Ins. Co.
  Fla. 3d DCA· 2025-10-08
  A trial court may dismiss a case as a sanction for discovery violations without conducting an evidentiary hearing or providing a detailed Kozel factor analysis in its order.
• Janurio Perez v. State
  Fla. 3d DCA· 2025-10-01
  A trial court does not abuse its discretion in permitting amendment of a criminal information during trial when the defendant has not demonstrated prejudice to his substantive rights.
• Corona v. In re Silva
  Fla. 3d DCA· 2025-09-10
  A guardianship court properly denies a motion to intervene under Florida Rule of Civil Procedure 1.230 when the movant fails to have the guardianship proceeding declared adversary, as civil procedure rules apply to guardianship proceedings only as expressly provided in the Florid
• Hewell v. Joudelene Hewell
  Fla. 3d DCA· 2025-08-27
  A trial court's equitable distribution of marital debts in a dissolution of marriage is reviewed for abuse of discretion, and an appellant's failure to provide a trial transcript and file a motion for rehearing in the trial court precludes meaningful appellate review.
• Andraus v. RP I-Drive, LLC
  Fla. 3d DCA· 2025-07-02
  A trial court does not abuse its discretion in denying a motion for a receiver and temporary injunction when the plaintiff fails to demonstrate a reasonable probability of irreparable injury rather than merely speculative harm.
• Dante Austin v. State
  Fla. 4th DCA· 2025-02-19
  The trial court did not abuse its discretion in controlling comments during closing argument, and any claims regarding insufficient evidence of public defender fees or lack of notice of hearing rights constitute invited error more appropriately addressed through a rule 3.850 moti
• In re Jane Doe 23-A
  Fla. 1st DCA· 2023-12-15
  A circuit court does not abuse its discretion in denying a minor's petition for judicial waiver of parental notice and consent requirements when the minor fails to establish by clear and convincing evidence that she is sufficiently mature to decide whether to terminate her pregna
• In re DOE
  Fla. 5th DCA· 2023-09-15
• In re Jane DOE vs
  Fla. 5th DCA· 2023-09-15
  A circuit court abused its discretion by dismissing a minor's judicial waiver petition based on the mistaken belief that Florida's six-week abortion prohibition had taken effect, when the statute's effective date contingencies had not yet been satisfied. The case was remanded for
• Equal Emp. Opportunity Comm'n v. Ferman Mgmt. Servs. Corp.
  M.D. Fla.· 2023-04-27
  The court held that costs are generally allowed to the prevailing party under Rule 54(d)(1) but are limited to those specified in 28 U.S.C. § 1920, and the party seeking costs bears the burden of proof.
• Concert Plantation, LLC v. Dorso
  Fla. 2d DCA· 2022-12-05
  The appellate court affirmed the trial court's decision to certify a class of former country club members seeking refunds of membership fees. The court found that common issues of law and fact predominated, despite potential individual differences in damages or affirmative defens
• In re Jane Doe 22-B
  Fla. 1st DCA· 2022-08-15
  The trial court's denial of a pregnant minor's petition for judicial waiver of parental notice and consent requirements was affirmed under the deferential abuse-of-discretion standard, as the minor failed to establish by clear and convincing evidence that she was sufficiently mat
• Philip Morris USA Inc. v. Smith
  Fla. 1st DCA· 2022-04-20
  The appellate court affirmed a lower court's decision regarding venue, agreeing that the trial court did not abuse its discretion in denying a motion to change venue. The case highlights the discretionary nature of venue transfer statutes in Florida.
• Alcon v. Emmaline Collins
  Fla. 1st DCA· 2022-03-02
  The appellate court reversed a domestic violence injunction, finding the petitioner lacked statutory standing because she did not demonstrate she had resided with the respondent. The court also reversed the denial of the respondent's motion to vacate the injunction based on new e
• Perez v. City of Hialeah
  S.D. Fla.· 2021-07-14
  Plaintiff Yolaisy Perez sought to amend her complaint in a fatal police shooting case by adding eight new defendants and three new causes of action more than eight months after the amendment deadline had passed and after fifty-five depositions had been taken. The court denied the
• Devarus Robinson v. Polk Cnty. Sch. Bd.
  Fla. 2d DCA· 2020-03-11
  The appellate court reversed a trial court's order granting a new trial after a jury awarded damages to a plaintiff for negligent hiring. The appellate court found the trial court used an erroneous legal standard in granting the new trial, failing to apply the proper test for att
• Jugal K. Taneja v. Chandresh S. Saraiya
  Fla. 2d DCA· 2020-01-31
  A trial court has broad discretion to determine whether discovery is necessary to evaluate a special litigation committee's report under Florida's Revised Limited Liability Company Act, and discovery from the SLC is not a matter of right. The trial court did not abuse its discret
• Dragon Jade Int'l, Ltd v. Ultroid, LLC
  M.D. Fla.· 2019-11-12
  The court held that the defendant's failure to timely disclose a key witness's sworn statement was not substantially justified or harmless, warranting sanctions.
• Thermidor v. State
  55 So. 3d 741· Fla. 4th DCA· 2011-03-16
  The appellate court held that the trial court abused its discretion by admitting collateral crime evidence, and the error was not harmless.
• S. BAY Lakes Homeowners Ass'n, Inc. v. Wells Fargo Bank, N.A.
  53 So. 3d 1239· Fla. 2d DCA· 2011-02-18
  South Bay Lakes Homeowners Association appeals the denial of attorney's fees under section 57.105 after successfully defending a foreclosure action filed by Wells Fargo without an assignment of the mortgage or legal standing. The court reversed, finding the trial court abused its
• Ripoll v. Comprehensive Pers. Care Servs., Inc.
  963 So. 2d 789· Fla. 3d DCA· 2007-07-18
  In a guardianship dispute, the trial court froze the assets of Alina Ripoll, successor guardian of an incapacitated ward, after she violated a court order by mortgaging a home purchased with ward funds and then invoked the Fifth Amendment to avoid disclosing the mortgage proceeds
• Thomas J. Kelly, M.D. & Thomas J. Kelly, M.D., P.A. v. Cmty. Hosp. OF THE Palm Beaches, Inc.
  799 So. 2d 255· Fla. 3d DCA· 2001-08-15
• Owens v. Owens
  685 So. 2d 1038· Fla. 4th DCA· 1997-01-15
  In this consolidated divorce appeal, the Fourth District Court of Appeal affirmed the trial court's appointment of a guardian ad litem and its award of primary residential custody to the mother, but reversed the disproportionate distribution of marital assets (60%-40% in wife's f
• Mundy v. State
  687 So. 2d 1314· Fla. 1st DCA· 1996-12-17
  David Lee Mundy appealed his convictions for armed robbery and four counts of armed kidnapping. The court affirmed the denial of his motion to suppress a confession but reversed and remanded for a new trial because the trial court failed to fully explain his options after denying
• Richard v. Behavioral Healthcare Options, Inc.
  647 So. 2d 976· Fla. 2d DCA· 1994-12-14
  The court affirmed the granting of a temporary injunction but reversed the bond amount and remanded for further proceedings to determine the bond and enter a proper order with factual findings.
• Mario Buatta Corp. v. Ford
  616 So. 2d 618· Fla. 4th DCA· 1993-04-14
• United States v. Lovaglia
  954 F.2d 811· 2d Cir.· 1992-01-22
  The court held that the district judge did not abuse his discretion in refusing to recuse himself, as his past relationships with alleged victims were remote and not outcome-determinative, and that the government did not breach the plea agreement by including relevant information
• Te-Moak Bands OF Western Shoshone Indians OF Nevada v. The United States
  948 F.2d 1258· Fed. Cir.· 1991-11-07
  The court held that the Claims Court abused its discretion by allowing the late filing of water claims under Fed.R.Civ.P. 15(a) due to undue delay and the possibility of earlier amendment.
• United States v. Prince
  938 F.2d 1092· 10th Cir.· 1991-07-09
  The court held that the trial judge did not abuse his discretion in refusing to order a second mental competency examination for the defendant.
• United States v. Inez Aiken
  867 F.2d 965· 6th Cir.· 1989-02-16
  The court held that a judgment does not abate upon the death of a party if the death occurs after the final judgment has been entered. It also held that the suit against the decedent as an 'agent' under the Surface Mining Act was proper and that his illness did not constitute exc
• Equal Emp. Opportunity Comm'n v. Caribe Hilton Int'l & Union De Tronquistas De P.R.
  821 F.2d 74· 1st Cir.· 1987-06-23
  The court held that the district court did not abuse its discretion in awarding attorney's fees to the prevailing defendants because the EEOC's action was unreasonable and without foundation.
• United States v. Carden
  599 F.2d 1320· 4th Cir.· 1979-06-20
  The court held that the district court did not abuse its discretion in denying the defendant's motion to withdraw his guilty plea, even under the more lenient 'fair and just' standard.
• United States v. Neff
  475 F.2d 861· 3d Cir.· 1973-03-13
  The court held that a trial judge's ex parte communication with a juror expressing doubt about impartiality, without offering counsel the opportunity to be present, is prejudicial error.
• Petnel v. Am. Tel. & Tel. Co. & W. Elec. Co., Inc.
  434 F.2d 645· 2d Cir.· 1970-11-11
  The court affirmed the dismissal of the appeals, finding the lower court's decision to dismiss for want of prosecution was well-founded.
• Dade Cnty. v. Apgar & Markham Constr. Co., Inc.
  29 Fla. Supp. 156· Dade Cty. Cir. Ct.· 1967-12-08
  In this construction defect case arising from a failed roof at Dodge Island Seaport, the court denied motions to dismiss a third-party complaint and crossclaim, holding that successive impleader is permissible under Florida Rule 1.180 and that the defendant and county could bring