Legal Opinion · Concurrence

In re Doe

District Court of Appeal of Florida

Decided November 26, 2012No. 2D12-5713Published

1ConcurrenceNorthcutt, J.

I fully endorse the thoughtful majority opinion. I write separately to more fully explain my reasons for concluding that the circuit court abused its discretion in this matter.

Three decades ago, the Florida Supreme Court issued Canakaris v. Canakaris, 382 So.2d 1197 (Fla.1980), in which it expounded on the nature of judicial discretion and the standard of review for reviewing discretionary rulings. Courts and litigants often invoke Canakaris for the proposition that an abuse of judicial discretion may be found only when no reasonable person would agree with the lower court’s ruling. Id. at…

2Cases cited5 opinions

  1. Roe v. WadeSupreme Court of the United States · 1973
  2. Canakaris v. CanakarisSupreme Court of Florida · 1980
  3. Bellotti v. BairdSupreme Court of the United States · 1979
  4. Ohio v. Akron Center for Reproductive HealthSupreme Court of the United States · 1990
  5. In Re Petition of DoeDistrict Court of Appeal of Florida · 2010

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