Abuse Of Discretion Standard For Sanctions

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

• FOX v. Studebaker-Worthington, Inc.
  516 F.2d 989· 8th Cir.· 1975-05-30 ·cited 52×
  The court held that the dismissal of the plaintiffs' complaint was proper due to discovery violations, but the imposition of sanctions deeming allegations of the counterclaim as true was an abuse of discretion.
• Deutsche Bank Nat'l Tr. Co. v. Lippi
  78 So. 3d 81· Fla. 5th DCA· 2012-01-20 ·cited 43×
  Deutsche Bank appealed the dismissal of its mortgage foreclosure complaint with prejudice against borrower Tony Lippi. The court reversed, holding that Deutsche Bank had standing as the note holder based on possession of the original note with a blank indorsement, and that dismis
• Hilgeford v. The Peoples Bank
  776 F.2d 176· 7th Cir.· 1985-10-31 ·cited 32×
  The court held that a land patent alone does not create a federal question sufficient for federal court jurisdiction, and affirmed the district court's dismissal and sanctions.
• Jensen v. Frank
  912 F.2d 517· 1st Cir.· 1990-08-27 ·cited 28×
  The court held that the plaintiff failed to timely contact an Equal Employment Opportunity counselor within the required 30-day period after his termination, and his arguments for equitable tolling or a continuing violation were unavailing.
• Smith v. City OF Panama City
  951 So. 2d 959· Fla. 1st DCA· 2007-03-13 ·cited 22×
  Appellants challenged a trial court's dismissal with prejudice of their complaint for declaratory relief and petitions for writ of certiorari regarding an annexation and rezoning. The dismissal was based on their failure to timely file an amended complaint within 30 days, but the
• Essery v. Dep't OF Transp.
  857 F.2d 1286· 9th Cir.· 1988-09-19 ·cited 12×
  The court held that while the pilot violated FAA regulations, the revocation of his commercial pilot certificate was an abuse of discretion, and reinstated the 120-day suspension.
• Kamhi v. Waterview Towers Condo. Ass'n, Inc.
  793 So. 2d 1033· Fla. 4th DCA· 2001-07-18 ·cited 9×
  The court held that the trial court abused its discretion by imposing severe sanctions that prohibited the defendant from presenting evidence and by denying her request for a continuance to obtain legal representation.
• Crabtree v. Muchmore
  904 F.2d 1475· 10th Cir.· 1990-06-04 ·cited 8×
  The court held that the district court abused its discretion in denying attorney's fees and sanctions to the defendant attorneys, reversing that decision.
• Magic Valley Potato Shippers, Inc. v. The Sec'y OF Agric.
  702 F.2d 840· 9th Cir.· 1983-04-01 ·cited 8×
  The court affirmed the Secretary of Agriculture's decision that Magic Valley misbranded potatoes and upheld the thirty-day license suspension, finding the regulations clear and the penalty justified.
• Sorrell v. Sec. & Exch. Comm'n
  679 F.2d 1323· 9th Cir.· 1982-06-24 ·cited 8×
  The court affirmed the SEC's decision, holding that the NASD's authorization does not constitute an unconstitutional delegation of power, its rules are not void for vagueness, and the sanctions imposed were not excessive or an abuse of discretion.
• LOS Angeles Mem'l Coliseum Comm'n v. The City OF Oakland
  717 F.2d 470· 9th Cir.· 1983-09-29 ·cited 6×
  A federal court lacks authority under Section 16 of the Clayton Act to enjoin an ongoing state court eminent domain action, absent a pattern of baseless, repetitive claims or grave abuse of state courts.
• Bank of Am. v. Atkin
  271 So. 3d 145· Fla. 3d DCA· 2018-12-14 ·cited 4×
  # Legal Brief: Bank of America v. Atkin The Third District Court of Appeal referred attorney Bruce Jacobs and his law firm to the Florida Bar for violations of Rule 4-8.2(a) of the Rules Regulating the Florida Bar, finding reasonable basis that they recklessly made false stateme
• United States v. Mavrokordatos
  933 F.2d 843· 10th Cir.· 1991-05-13 ·cited 4×
  The court held that the trial court erred in excluding government witnesses as discovery sanctions and that the government's notice of appeal was timely, divesting the trial court of jurisdiction.
• York Research Corp. v. Harris Landgarten
  927 F.2d 119· 2d Cir.· 1991-03-08 ·cited 4×
  The court held that York waived its right to object to the arbitrators by proceeding with arbitration after knowing the facts, but remanded the issue of attorneys' fees due to ambiguity in the award.
• Nat'l Loan Acquisitions Co. v. Tabernacle Christian Ctr. Ministries, Inc.
  402 So. 3d 1028· Fla. 4th DCA· 2024-11-13 ·cited 3×
  A trial court's final judgment is void when it grants relief based on issues not raised in the motion or tried by consent, thereby violating a party's due process right to notice and an opportunity to be heard. A trial court violates due process when it adopts a party's proposed
• Charles E. Pearce, M.D. v. United States Dep't of Just.
  867 F.2d 253· 6th Cir.· 1988-12-05 ·cited 2×
  A nolo contendere plea to a felony involving controlled substances is a sufficient basis for the DEA Administrator to revoke a registrant's license, and the revocation penalty is subject to limited judicial review.
• King Tyson, Inc. v. Perez
  Fla. 3d DCA· 2024-06-26
  King Tyson, Inc. and related defendants appeal a final judgment entered against them following a jury verdict in favor of the estate of Jonathan Soto. The Third District Court of Appeal affirmed the judgment against most defendants but reversed as to deceased defendant Isaiah Kin
• Palm Beach Cnty. v. Wilson
  Fla. 4th DCA· 2024-04-24
  Palm Beach County appeals a jury verdict finding sex discrimination against Sharon Wilson, a firefighter/paramedic recruit. The court affirmed the underlying judgment and Wilson's cross-appeal but reversed the trial court's imposition of a $150 daily fine sanction for failure to
• Guerrero v. Suntrust Bank
  M.D. Fla.· 2020-08-17
  The court granted Plaintiff's motions for extensions of discovery and dispositive motion deadlines due to counsel's withdrawal, but granted Defendant's motion for sanctions, ordering Plaintiff to pay $500 for failing to appear at her deposition.
• Nihar Bhavesh Gala, M.D. v. Del. Bd. of Med. Licensure & Discipline
  Del. Super. Ct.· 2020-05-01
  The Delaware Superior Court affirmed the permanent revocation of Dr. Gala's medical license and the revocation of his controlled substances registration. The court found that the decisions of the Board of Medical Licensure and Discipline and the Secretary of State were supported
• Brito v. S. Fid. Prop. & Cas.
  271 So. 3d 85· Fla. 3d DCA· 2019-02-27
  Ibis and Orlando Brito appealed the trial court's dismissal of their case and imposition of monetary sanctions for alleged discovery abuses and filing a 'sham claim.' The appellate court reversed the dismissal, finding that the Britos were denied sufficient due process and that t
• Bank of Am. v. Atkin
  Fla. 3d DCA· 2018-12-14
  Bank of America petitions for a writ of prohibition to prevent the trial court from proceeding with a contempt motion filed by the borrower's newly substituted counsel. The trial court denied Bank of America's motion to disqualify the judge, finding the borrower's fraud allegatio
• Rosario Ramirez v. FOX Television Station, Inc.
  998 F.2d 743· 9th Cir.· 1993-07-14
  The court held that the district court abused its discretion in sanctioning the attorney for filing the same motion twice with a changed title.
• Val-Land Farms, Inc. v. Third Nat'l Bank IN Knoxville
  937 F.2d 1110· 6th Cir.· 1991-07-02
  The court held that honoring overdrafts does not constitute a representation of solvency, and a bank is not a 'dealer' under PACA merely by lending money. Rule 11 sanctions were appropriate for the frivolous PACA claim but not for the colorable common law claim.