Appellate Review Of Discretion

60 Florida cases classified under this topic · sorted by citation count · see the citation graph · browse and sort

• Dinkel v. Dinkel
  322 So. 2d 22· Fla.· 1975-08-14 ·cited 241×
  In this child custody dispute arising from a dissolution of marriage, the Florida Supreme Court held that a trial judge's award of custody to a mother who committed adultery should not be reversed absent a clear showing of abuse of discretion, where the trial judge found the adul
• Head v. Timken Roller Bearing Co.
  486 F.2d 870· 6th Cir.· 1973-10-12 ·cited 112×
  The court held that the district court erred in denying leave to amend the pleadings to add a claim under 42 U.S.C. § 1981 and in failing to award back pay for the period of Title VII violations, but affirmed the denial of an injunction against the limited bid system.
• In re Gregory v. Gregory
  313 So. 2d 735· Fla.· 1975-03-19 ·cited 80×
  The Florida Supreme Court reversed the Second District Court of Appeal's decision vacating a child custody change order. The trial judge properly exercised discretion in denying the mother's motion for continuance and had sufficient evidence to support changing custody from mothe
• Mitchell v. Pidcock
  299 F.2d 281· 5th Cir.· 1962-02-05 ·cited 65×
  The court held that the trial judge did not abuse his discretion in denying an injunction, as the defendant showed good faith reliance on counsel and promised future compliance.
• DeLONG Corp. v. Raymond Int'l, Inc.
  622 F.2d 1135· 3d Cir.· 1980-04-14 ·cited 62×
  The court held that summary judgment finding the Slemmons patent invalid due to being 'on sale' more than one year prior to application was proper, but summary judgment finding fraud in obtaining the patent was not supported by sufficient evidence of intent.
• United States v. Giarratano
  622 F.2d 153· 5th Cir.· 1980-07-23 ·cited 56×
  The court held that the defendant's perjury conviction was valid because collateral estoppel did not bar the prosecution, the false statement was material, and the trial court did not err in denying a mistrial.
• Mildred and Caleb Davis v. Fletcher
  598 F.2d 469· 5th Cir.· 1979-07-09 ·cited 53×
  The court held that an award of attorney's fees must be accompanied by an explanation of the factors supporting the award.
• Eckles v. State
  132 Fla. 526· Fla.· 1938-04-28 ·cited 53×
  This case concerns whether a defendant should be allowed to withdraw a guilty plea when they later raise the issue of insanity, supported by affidavits. The court held that denying such a motion, especially when doubt about the defendant's competency exists, is an abuse of discre
• Casey v. State
  Fla.· 1924-07-27 ·cited 52×
  Clarence D. Casey was convicted of first-degree murder by guilty plea and sentenced to death. The Florida Supreme Court reversed, finding the judgment void because the trial court failed to comply with mandatory statutory requirements to examine evidence and determine the degree
• Carbide & Carbon Chems. Corp. v. United States Indus. Chems., Inc.
  140 F.2d 47· 4th Cir.· 1944-01-10 ·cited 50×
  The court held that a district court did not abuse its discretion in dismissing a declaratory judgment action when a prior suit involving the same issues was pending in another court with unquestioned jurisdiction.
• Evans v. Buchanan
  555 F.2d 373· 3d Cir.· 1977-05-18 ·cited 49×
  The dissenting opinion argues that the majority's order is unclear and that the case should be remanded to resolve critical issues regarding interdistrict violations and their effects.
• Artis Banks v. State
  136 So. 2d 25· Fla. 1st DCA· 1962-01-09 ·cited 43×
  Artis Banks appealed his conviction based on a guilty plea to aggravated assault, claiming the plea resulted from an honest misunderstanding between his attorney and the Assistant State Attorney regarding whether he would receive probation. The court reversed and remanded, holdin
• Johnson v. Allstate Ins. Co.
  410 So. 2d 978· Fla. 5th DCA· 1982-03-10 ·cited 42×
  Margaret Johnson appealed dismissal of her insurance benefits lawsuit for failure to comply with discovery orders. The court affirmed the dismissal, holding that Johnson's repeated failure to respond to three court orders compelling answers to interrogatories about her earnings l
• Sames v. Gable
  732 F.2d 49· 3d Cir.· 1984-04-16 ·cited 40×
  The court held that it was error for the district court to grant summary judgment while pertinent discovery requests remained outstanding.
• Hicks v. State
  25 Fla. 535· Fla.· 1889-06-01 ·cited 39×
  William Hicks was convicted of murder in the first degree for killing Joseph McMillan during a confrontation on December 25, 1887. Hicks appealed his conviction and life sentence, challenging the verdict and trial procedures, but the Florida Supreme Court affirmed the conviction,
• United States ex rel. Wilbert Ross v. McMANN
  409 F.2d 1016· 2d Cir.· 1969-02-26 ·cited 38×
  The dissenting opinion argues that voluntary guilty pleas, entered on advice of counsel, waive all prior non-jurisdictional defects. It contends that the Supreme Court's decision in Jackson v. Denno, which requires hearings on the voluntariness of confessions used at trial, shoul
• Westinghouse Elec. Corp. v. Honorable Stanley A. Weigel
  426 F.2d 1356· 9th Cir.· 1970-05-26 ·cited 34×
  The court held that issues not raised in the lower court are generally not considered on appeal, and the district court's transfer decision was within its discretion.
• Hartley v. Hartley
  399 So. 2d 1126· Fla. 4th DCA· 1981-06-24 ·cited 26×
  In this dissolution of marriage case, the appellate court affirmed the trial court's award of the husband's one-half interest in the marital home as lump sum alimony to the wife and the requirement that the husband pay a substantial portion of the wife's attorney's fees. The cour
• United States v. de Simone
  267 F.2d 741· 2d Cir.· 1959-05-29 ·cited 24×
  The court held that the appellate court should not second-guess the discretion of the prosecution or the sentencing court without sufficient facts.
• Novack v. Novack
  196 So. 2d 499· Fla. 3d DCA· 1967-03-14 ·cited 21×
  The court reviewed a chancellor's award of attorney's fees in a divorce action where the parties reconciled before trial.
• Syntex Ophthalmics, Inc. v. Tsuetaki
  701 F.2d 677· 7th Cir.· 1983-03-02 ·cited 20×
  The court affirmed the preliminary injunction and its subsequent interpretation, finding no abuse of discretion in its issuance or scope.
• Coleman v. United States
  371 F.2d 343· D.C. Cir.· 1966-07-14 ·cited 18×
• MAY v. Commissioner OF Internal Revenue
  752 F.2d 1301· 8th Cir.· 1985-01-25 ·cited 16×
  The Tax Court properly dismissed the taxpayer's petition for failure to state a claim and did not abuse its discretion in imposing damages under section 6673, as the taxpayer's conduct evidenced an intent to delay tax payment.
• Hodson v. A.H. Robins Co.
  715 F.2d 142· 4th Cir.· 1983-08-18 ·cited 15×
  The appellate court affirmed the district court's denial of the defendants' motions to dismiss on the grounds of forum non conveniens, finding the district court's decision was within its discretion.
• Duvallon v. Duvallon
  409 So. 2d 1162· Fla. 3d DCA· 1982-02-16 ·cited 15×
  Florida appellate court affirmed the trial court's injunction order and contempt conviction, finding no abuse of discretion and sufficient evidence supporting the sanctions.
• English v. 21ST Phoenix Corp. & Hanson Dev. Co.
  590 F.2d 723· 8th Cir.· 1979-01-10 ·cited 14×
  The court held that the district court did not abuse its discretion in imposing sanctions for discovery violations, that personal jurisdiction was properly established, and that the damages awarded were supported by the evidence.
• Cook v. Cook
  305 So. 2d 12· Fla. 1st DCA· 1974-12-19 ·cited 14×
  The appellate court affirmed the trial court's custody and visitation judgment, finding no abuse of discretion and sufficient evidentiary support for the trial court's findings.
• Chancey v. State
  68 Fla. 93· Fla.· 1914-10-21 ·cited 14×
  Frank Chancey was convicted of manslaughter following a murder indictment. On writ of error, he challenged the admission of a child witness's testimony, denial of a jury view of the crime scene, exclusion of track evidence, and alleged insufficiency of evidence, but the Florida S
• Simmons v. State
  683 So. 2d 1101· Fla. 1st DCA· 1996-11-26 ·cited 12×
  Appellant Cecil Simmons, Jr. was convicted of murder, sexual battery, and kidnapping based largely on the testimony of James Burney, a mentally retarded witness. On appeal, Simmons challenged the trial court's determination that Burney was competent to testify, its denial of a ps
• United States v. DiFRONZO
  345 F.2d 383· 7th Cir.· 1965-04-29 ·cited 12×
  The evidence was insufficient to sustain the defendant's conviction for aiding and abetting or conspiring in the interstate transportation of stolen property.
• Jackman v. State
  160 So. 2d 554· Fla. 3d DCA· 1964-02-11 ·cited 12×
  George Jackman pleaded nolo contendere to armed robbery charges based on what he believed was assurance that he would not receive an additional sentence and could facilitate his parole. After receiving a ten-year sentence instead, he moved to withdraw the plea. The court reversed
• Mitchell v. JAX Beer Distribs. OF Beaumont, Inc.
  290 F.2d 24· 5th Cir.· 1961-05-02 ·cited 12×
  The dissenting judge believes the majority opinion improperly substituted its discretion for that of the district judge.
• The Republic OF Vietnam v. Pfizer, Inc.
  556 F.2d 892· 8th Cir.· 1977-06-15 ·cited 10×
  A foreign government that is not recognized by the United States may not maintain suit in court, and dismissal is not an abuse of discretion when the plaintiff government has ceased to exist.
• Ferrer v. State
  117 So. 2d 529· Fla. 3d DCA· 1960-01-21 ·cited 8×
  The court held that the trial judge did not abuse discretion in finding a child competent to testify, and that the conviction was supported by the child's testimony.
• Dorman v. State
  48 Fla. 18· Fla.· 1904-06-01 ·cited 8×
  This case reviews a conviction for manslaughter where the defendant argued the trial court erred in denying a continuance, discharging a sworn juror, and excluding a deposition. The appellate court affirmed the conviction, finding no abuse of discretion in the trial court's rulin
• Johnson v. State
  312 So. 2d 231· Fla. 2d DCA· 1975-04-30 ·cited 6×
  Joseph Johnson was convicted of grand larceny after the trial court overruled his objection to an expert witness on valuation who was not listed on the state's discovery disclosure. The appellate court reversed, holding that the trial court failed to conduct the mandatory inquiry
• United States v. Veon
  474 F.2d 1· 9th Cir.· 1973-02-12 ·cited 6×
  The court held that the district court did not err in restricting cross-examination, admitting a tape recording, or in its instructions to the jury, and that the evidence was sufficient to support the verdict.
• Metzger v. Spector Motor Serv., Inc.
  119 F.2d 690· 2d Cir.· 1941-05-05 ·cited 6×
  The court held that the denial of a motion to set aside a jury verdict is generally not appealable, absent unusual circumstances.
• Glassman v. Deauville Enters., Inc.
  101 So. 2d 432· Fla. 3d DCA· 1958-03-18 ·cited 4×
  In this equity case, the Florida District Court of Appeal reversed the trial court's denial of defendant's motion for a decree on bill and answer (essentially a judgment by default based on plaintiff's failure to produce testimony). The court found the trial court abused its disc
• Reading v. Blakeman
  66 So. 2d 682· Fla.· 1953-07-31 ·cited 4×
  Reading disputes a bank's claim to a superior lien on property where a home was constructed. The Florida Supreme Court holds that a contractor's mechanic's lien relates back to the visible commencement of construction under statute and cannot be defeated by equitable estoppel mer
• Steele v. Steele
  168 F.2d 562· D.C. Cir.· 1948-05-24 ·cited 4×
  The court affirmed the lower court's order denying the mother custody, finding no abuse of discretion and that the mother was not a fit person to have custody.
• Morgan v. Ford Howell
  74 Fla. 334· Fla.· 1917-11-15 ·cited 4×
  The Florida Supreme Court affirmed an order extending the time for testimony in a quiet title action, holding that only the specifically appealed order could be reviewed and that no abuse of discretion was shown.
• Francine S. Schiller v. Miller
  621 So. 2d 481· Fla. 4th DCA· 1993-05-26 ·cited 3×
  This case involves an appeal of a temporary restraining order enjoining the appellant from disposing of four pieces of jewelry and limiting the appellee's bond. The appellate court affirmed the order, finding the jewelry to be unique and the appellee to have no adequate remedy at
• Jessen v. Jessen
  140 Fla. 670· Fla.· 1939-11-14 ·cited 3×
  The Florida Supreme Court affirmed a divorce decree, holding that the trial court's decision was supported by the evidence and that appellate courts should not substitute their judgment for that of the chancellor without a clear showing of error.
• Aames Cap. Corp. v. Megen Boswell
  713 So. 2d 1074· Fla. 5th DCA· 1998-07-10 ·cited 2×
  Aames Capital Corporation appealed the denial of its motion to set aside a foreclosure sale where the sale price ($46,682.23) was 56% of the property's appraised value ($85,000). The appellate court affirmed the trial court's decision, holding that while gross inadequacy of price
• State v. Harris
  660 So. 2d 285· Fla. 5th DCA· 1995-07-07 ·cited 2×
  The trial court erred in reducing the conviction under Rule 3.620 because the evidence was legally sufficient, but should have granted a new trial under Rule 3.600(a)(2) if the verdict was against the weight of the evidence.
• Parramore v. Stoutamire
  202 So. 2d 832· Fla. 1st DCA· 1967-09-14 ·cited 1×
  In this title dispute, the appellate court affirmed the trial court's quiet title decree in favor of the plaintiffs, who claimed title through adverse possession and statutory limitations periods. The court held that the trial judge, sitting as chancellor in equity, did not abuse
• West v. City First Mortg. Corp.
  Fla. 3d DCA· 2022-10-26
• Birnbaum v. Mortman
  Fla. 4th DCA· 2022-06-29
  An appellate court cannot review a trial court's temporary relief award without a transcript or statement of evidence from the hearing, and temporary relief orders are reviewed for abuse of discretion with substantial deference to the trial judge.
• Wild v. Wild
  688 So. 2d 1032· Fla. 5th DCA· 1997-03-07