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

• Johnson v. Ga. Hwy. Express, Inc.
  488 F.2d 714· 5th Cir.· 1974-01-21 ·cited 1335×
  The court held that a district court abuses its discretion by failing to consider specific factors when awarding attorney's fees in a Title VII case, and a meaningful review requires a record reflecting such consideration.
• Cloud v. Fallis
  110 So. 2d 669· Fla.· 1959-04-10 ·cited 948×
  The Florida Supreme Court resolved conflicting precedent regarding the proper standard for reviewing trial court orders granting motions for a new trial. The court held that trial judges have broad discretion to grant new trials when verdicts are against the manifest weight of th
• Shaw v. Shaw
  334 So. 2d 13· Fla.· 1976-05-12 ·cited 931×
  The Florida Supreme Court reversed the Third District Court of Appeal's modification of a divorce judgment, holding that the trial court did not abuse its discretion in determining alimony, child support, property division, and insurance obligations. The case clarifies that appel
• N. Shore Hosp., Inc. v. Barber
  143 So. 2d 849· Fla.· 1962-07-03 ·cited 633×·via Gross Abuse Of Discretion
  The Florida Supreme Court reversed the District Court of Appeal's decision that vacated a trial court's order setting aside a default judgment in a medical malpractice case. The Court held that a trial court has inherent authority to vacate interlocutory defaults prior to final j
• United States v. Frazier
  387 F.3d 1244· 11th Cir.· 2004-10-15 ·cited 529×
  The district court abused its discretion by excluding the defense's expert witness testimony regarding the lack of forensic evidence and the expected findings in a sexual assault case. This exclusion, coupled with allowing the government's witnesses to testify as experts on the s
• State v. Slappy
  522 So. 2d 18· Fla.· 1988-03-10 ·cited 527×
  The Florida Supreme Court established procedures for evaluating claims of racial discrimination in the use of peremptory challenges, holding that prosecutors must provide clear, record-supported, race-neutral explanations for excluding minority jurors, and that trial courts must
• Mercer v. J.D. Raine, Sr.
  443 So. 2d 944· Fla.· 1983-07-28 ·cited 506×
  In this discovery sanctions case, the Florida Supreme Court affirmed the trial court's decision to strike the defendant's answer and enter default judgment against him for willful failure to comply with discovery orders and the court's mandate to respond within twenty days. The C
• Donald B. Banks v. State
  732 So. 2d 1065· Fla.· 1999-04-15 ·cited 455×
  The Florida Supreme Court held that a trial court may impose a downward departure from sentencing guidelines based on the need for restitution outweighing the need for imprisonment, and that the victim's and prosecutor's opposition to such a departure is not dispositive of the se
• Moon v. Lanson Newsome
  863 F.2d 835· 11th Cir.· 1989-01-17 ·cited 397×
  A pro se plaintiff proceeding in forma pauperis can have their suit dismissed for failure to pay costs assessed as a penalty for unreasonable refusal to obey a discovery order, especially when they fail to demonstrate inability to pay or seek alternatives.
• Stephens v. State
  748 So. 2d 1028· Fla.· 1999-11-24 ·cited 379×
  The Florida Supreme Court held that ineffective assistance of counsel claims based on the Sixth Amendment require independent appellate review of mixed questions of law and fact, rather than deferential review under an abuse of discretion standard. The Court reinstated the trial
• Benny Barmapov v. Amuial
  986 F.3d 1321· 11th Cir.· 2021-02-03 ·cited 356×
  The Eleventh Circuit affirmed the district court's dismissal of the second amended complaint with prejudice, finding no abuse of discretion.
• MacKENNA v. Ellis
  280 F.2d 592· 5th Cir.· 1960-06-22 ·cited 341×·via Abuse Of Discretion Standard For Continuance
  The dissenting judge argues that the majority's decision to set aside a state court conviction is not justified by the facts or cited authority and sets a dangerous precedent.
• Rupert B. Brown v. The Est. OF A.P. Stuckey, Sr.
  749 So. 2d 490· Fla.· 1999-08-26 ·cited 326×
  The Florida Supreme Court held that trial judges have broad discretion to grant new trials when verdicts are contrary to the manifest weight of the evidence, and that appellate courts must apply a reasonableness test rather than the substantial competent evidence standard when re
• Guevara v. NCL (Bahamas) Ltd.
  920 F.3d 710· 11th Cir.· 2019-04-01 ·cited 322×
  A cruise ship passenger who slipped and fell on an outer deck sued Norwegian Cruise Line for negligence, claiming the operator failed to adequately warn of a step down and failed to maintain lighting in the area. The Eleventh Circuit reversed summary judgment on the failure to wa
• Commonwealth Fed. Sav. & Loan Ass'n v. Moshe Tubero
  569 So. 2d 1271· Fla.· 1990-11-15 ·cited 307×
  The Florida Supreme Court holds that trial courts must include an express written finding of willful or deliberate noncompliance when imposing severe sanctions such as dismissal or default for failure to comply with discovery orders under Florida Rule of Civil Procedure 1.380.
• Hunter v. State
  660 So. 2d 244· Fla.· 1995-06-01 ·cited 305×
  James Eugene Hunter was convicted of first-degree murder, attempted murder, and armed robbery in connection with a deadly robbery in Daytona Beach. The Florida Supreme Court affirmed his death sentence, rejecting claims regarding competency, jury selection, discovery violations,
• Straight v. State
  397 So. 2d 903· Fla.· 1981-03-19 ·cited 297×
  Ronald Straight was convicted of first-degree murder and sentenced to death for the kidnapping, torture, and murder of James Stone in a robbery scheme. The Florida Supreme Court affirmed the conviction and death sentence, rejecting challenges to venue, photograph admissibility, e
• Lindy Bros. Builders v. Am. Radiator & Standard Sanitary Corp.
  487 F.2d 161· 3d Cir.· 1973-10-31 ·cited 294×
  The court held that the district court abused its discretion by failing to hold an evidentiary hearing and apply proper standards when awarding attorneys' fees.
• Lusk v. State
  446 So. 2d 1038· Fla.· 1984-01-26 ·cited 287×
  Bobby Earl Lusk murdered fellow inmate Michael Hall with a homemade knife while serving three consecutive life sentences in Florida State Prison. The trial court sentenced Lusk to death despite the jury's recommendation of life imprisonment. The Florida Supreme Court affirmed the
• Schiavo v. Schiavo
  403 F.3d 1223· 11th Cir.· 2005-03-23 ·cited 266×
  The Eleventh Circuit affirmed the district court's denial of a temporary restraining order sought by Theresa Schiavo's parents to prevent removal of her feeding tube, holding that plaintiffs failed to demonstrate a substantial likelihood of success on the merits of their federal
• Jean v. Nelson
  863 F.2d 759· 11th Cir.· 1988-12-27 ·cited 259×
  The court held that cost-of-living adjustments for fees prior to 1985, fees for specialized knowledge like immigration law, and the government's litigious position do not justify exceeding the $75 statutory cap under the Equal Access to Justice Act.
• Williams v. Keith Robinson Oken, M.D.
  62 So. 3d 1129· Fla.· 2011-05-05 ·cited 252×
  The Florida Supreme Court held that the First District Court of Appeal exceeded its authority by granting a writ of certiorari to review the trial court's determination of whether a medical expert was qualified under statutory presuit requirements. The Court clarified that certio
• Stephens v. State
  787 So. 2d 747· Fla.· 2001-03-15 ·cited 244×
  The Florida Supreme Court affirmed the death sentence imposed on Jason Demetrius Stephens for the first-degree felony murder of a three-year-old child (Robert Sparrow III) committed during the course of armed kidnapping, armed robbery, and burglary. The court rejected all eleven
• 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
• In re Japanese Elec. Prods. Antitrust Litig. (D.C. MDL No. 189). Zenith Radio Corp. v. Matsushita Elec. Indus. Co., Ltd.
  723 F.2d 238· 3d Cir.· 1983-12-05 ·cited 237×
  The court held that the trial court erred in granting summary judgment for most defendants because material issues of disputed fact remained, requiring reversal of the judgment as to those defendants.
• Huff v. State
  569 So. 2d 1247· Fla.· 1990-10-11 ·cited 236×
  James Roger Huff, a death row inmate, appealed the trial court's order striking his postconviction motion to vacate because it was signed by an out-of-state attorney without a prior ruling on her pro hac vice admission. The Florida Supreme Court held that the trial court violated
• Env't Def. Fund v. Ruckelshaus
  439 F.2d 584· D.C. Cir.· 1971-01-07 ·cited 229×
• Thomas v. Cap. Sec. Servs., Inc.
  836 F.2d 866· 5th Cir.· 1988-01-21 ·cited 226×
  The court held that the abuse of discretion standard applies to all aspects of Rule 11 sanctions review and that Rule 11 mandates sanctions upon violation, but district courts retain discretion in choosing the appropriate sanction.
• United States v. Diecidue
  603 F.2d 535· 5th Cir.· 1979-10-01 ·cited 226×·via Abuse Of Discretion Standard For Evidentiary Rulings
  A RICO conspiracy indictment adequately alleges an essential element when it charges defendants with willfully and knowingly conspiring to violate 18 U.S.C.A. § 1962(c) and describes the nature of the racketeering activities composing the alleged pattern. The definition of 'enter
• Lindy Bros. Builders v. Am. Radiator & Standard Sanitary Corp.
  540 F.2d 102· 3d Cir.· 1976-07-02 ·cited 223×
  The court held that the district court erred in awarding fees for intervention work and in doubling hourly rates for contingency and quality without proper analysis, contrary to prior precedent.
• Johnson v. State
  904 So. 2d 400· Fla.· 2005-04-28 ·cited 219×
  Terrell Johnson, a death row inmate, appealed the denial of his second successive postconviction motion, raising claims about withheld public records, the retroactivity of Ring v. Arizona, and the constitutionality of lethal injection. The Florida Supreme Court affirmed the trial
• E.A.R. v. State
  4 So. 3d 614· Fla.· 2009-01-30 ·cited 216×
  The Florida Supreme Court resolved a conflict between district courts of appeal regarding what standard juvenile courts must apply when departing from the Department of Juvenile Justice's recommended commitment level. The Court held that departure reasons must address the charact
• Loran Cole v. State
  701 So. 2d 845· Fla.· 1997-09-18 ·cited 216×
  Loran Cole was convicted of first-degree murder, kidnapping, robbery, and sexual battery in connection with the brutal killing of John Edwards during a camping trip in Florida's Ocala National Forest. The Florida Supreme Court affirmed Cole's convictions and death sentence while
• Blanco v. State
  452 So. 2d 520· Fla.· 1984-06-07 ·cited 211×·via Abuse Of Discretion Standard For Evidentiary Rulings
  Omar Blanco appeals his convictions for first-degree murder and armed burglary, and his death sentence, challenging the lawfulness of his arrest, the admission of identification testimony and other evidence, jury instructions, and the propriety of the death penalty. The Florida S
• Jurldine A. Donaldson v. Clark
  819 F.2d 1551· 11th Cir.· 1987-06-24 ·cited 210×
  The court reversed the district court's judgment, finding that the attorney should not be subject to Rule 11 sanctions given the precedent set in Dykes v. Hosemann.
• Spencer v. Nat'l Labor Relations Bd.
  712 F.2d 539· D.C. Cir.· 1983-06-28 ·cited 210×
  The court held that the phrase 'the position of the United States' under the EAJA refers to the government's litigation position, not its underlying conduct.
• Moakley v. Smallwood
  826 So. 2d 221· Fla.· 2002-02-28 ·cited 209×
  The Florida Supreme Court held that trial courts possess inherent authority to assess attorneys' fees against an attorney for bad faith conduct during litigation, resolving a conflict among district courts of appeal. However, the Court quashed the lower court's award in this case
• United States v. Bozza
  365 F.2d 206· 2d Cir.· 1966-08-01 ·cited 209×·via Abuse Of Discretion Standard For Severance
  The majority reverses convictions based on the admission of a co-defendant's confession, finding it prejudiced other defendants despite limiting instructions.
• State v. Carter
  835 So. 2d 259· Fla.· 2002-12-05 ·cited 205×
  The Florida Supreme Court held that failure to file a single monthly probation report may justify revocation of probation if the violation is willful and substantial, rejecting a per se rule that such a failure can never support revocation. The Court quashed the First District's
• Reuben J. Katz v. Carte Blanche Corp.
  496 F.2d 747· 3d Cir.· 1974-03-15 ·cited 201×
  The court should remand for a new class action determination, considering the specific provisions of the Truth in Lending Act and the broad discretion afforded to district courts under Rule 23.
• In re Josephson
  218 F.2d 174· 1st Cir.· 1954-12-23 ·cited 199×
  The court held that it has the power under 28 U.S.C. § 1651(a) to review a district court's order transferring a case to another district, in aid of its potential appellate jurisdiction, but will not routinely review such orders for abuse of discretion.
• Kuvin v. Kuvin
  442 So. 2d 203· Fla.· 1983-12-08 ·cited 198×·via Reasonableness Test For Abuse Of Discretion
  The Florida Supreme Court reversed the district court's decision that overturned a trial court's award of rehabilitative alimony and mandatory sale of the marital home in a marriage dissolution case. The Court held that both the type of alimony awarded and decisions regarding the
• Special v. W. Boca Med. Ctr.
  160 So. 3d 1251· Fla.· 2014-11-13 ·cited 194×
  The Florida Supreme Court clarified the test for harmless error in civil appeals, holding that the beneficiary of an error must prove there is no reasonable possibility the error contributed to the verdict. Applying this test, the Court reversed a medical malpractice judgment and
• HAM v. Dunmire
  891 So. 2d 492· Fla.· 2004-12-23 ·cited 194×
  The Florida Supreme Court reversed a trial court's dismissal of a personal injury action based on discovery violations by plaintiff's counsel, holding that while attorney misconduct can justify dismissal even without client involvement, dismissal must be a reasonable response to
• United States v. Jefferson Cnty.
  720 F.2d 1511· 11th Cir.· 1983-12-12 ·cited 192×
  The court held that the Birmingham Firefighters Association members' motion to intervene was untimely and dismissed their appeal, and affirmed the denial of a preliminary injunction to white male firefighters due to a failure to demonstrate irreparable harm.
• Gorsalitz v. Olin Mathieson Chem. Corp.
  429 F.2d 1033· 5th Cir.· 1970-06-17 ·cited 192×·via Abuse Of Discretion (Appellate Review)
• Salazar v. State
  991 So. 2d 364· Fla.· 2008-07-10 ·cited 190×
  Neil Salazar appeals his conviction and death sentence for the first-degree murder of Evelyn Nutter. The Florida Supreme Court affirmed both the conviction and sentence, finding that Salazar was the mastermind behind a brutal home invasion and murder carried out by accomplice Jul
• Roland Mach. Co. v. Dresser Indus., Inc.
  749 F.2d 380· 7th Cir.· 1984-08-31 ·cited 189×
  The court held that the standard for granting and reviewing preliminary injunctions is complex and often inconsistently applied, but requires balancing irreparable harm, likelihood of success, and public interest.
• United States v. Berkowitz
  662 F.2d 1127· 5th Cir.· 1981-12-07 ·cited 189×·via Abuse Of Discretion Standard For Severance
  The court held that the district court did not abuse its discretion in denying motions for severance, limiting cross-examination, or in its handling of other issues raised by the defendants.
• Mars Steel Corp. v. Cont'l Bank N.A.
  880 F.2d 928· 7th Cir.· 1989-07-20 ·cited 186×
  The court concurred that sanctions were correctly imposed, despite disagreement on the standard of review.