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

• United States v. Milham
  590 F.2d 717· 8th Cir.· 1979-01-08 ·cited 64×·via Abuse Of Discretion Standard For Evidentiary Rulings
  The court held that the warrantless search of the van was permissible under a forfeiture statute, the admission of a pistol into evidence was not an abuse of discretion, and the denial of severance motions was proper. The court also affirmed the admissibility of coconspirator sta
• United States v. Owen
  580 F.2d 365· 9th Cir.· 1978-08-18 ·cited 64×
  The court held that the trial court did not err in denying the motion to dismiss the indictment for governmental misconduct, nor did it abuse its discretion in denying a writ of habeas corpus ad testificandum.
• Fackelman v. Griffin B. Bell
  564 F.2d 734· 5th Cir.· 1977-12-15 ·cited 64×
  The district court did not abuse its discretion in denying the appellant's motion to set aside the judgment under Rule 60(b).
• BEN Sager Chems. Int'l, Inc. v. E. Targosz & Co.
  560 F.2d 805· 7th Cir.· 1977-08-17 ·cited 64×
  The court held that the district court did not abuse its discretion in denying a Rule 60(b) motion for relief from a default judgment, as the defendant failed to show excusable neglect or sufficient diligence, and the removal issue was not a void judgment.
• Williams v. State
  69 So. 2d 766· Fla.· 1953-12-08 ·cited 64×
  Robert Williams was convicted of lottery offenses and appealed his sentences. The Florida Supreme Court found it lacked jurisdiction over misdemeanor counts and vacated those sentences, ordering a single sentence for the highest degree felony offense.
• Baker v. State
  71 So. 3d 802· Fla.· 2011-07-07 ·cited 63×·via Abuse Of Discretion Standard For Evidentiary Rulings
  Cornelius Baker appeals his conviction and death sentence for the January 2007 first-degree murder, home invasion robbery, kidnapping, and fleeing from police in connection with the robbery and murder of Elizabeth Uptagrafft. The Florida Supreme Court affirms all convictions and
• Cellular Warehouse, Inc. v. GH Cellular, LLC
  957 So. 2d 662· Fla. 3d DCA· 2007-04-11 ·cited 63×·via Gross Abuse Of Discretion
  Cellular Warehouse appeals from a default judgment entered without notice or opportunity to be heard. The court reversed, holding that unliquidated damages cannot be awarded by default without notice and a hearing, as this violates due process.
• Fisher v. John Carter & Assocs., Inc.
  864 So. 2d 493· Fla. 4th DCA· 2004-01-07 ·cited 63×
  Fisher appeals an award of attorneys' fees to Carter & Associates under section 57.105, Florida Statutes, following dismissal of Fisher's five-count complaint for breach of contract, shareholder derivative suit, accounting, whistleblower retaliation, and breach of fiduciary duty.
• In re Amendments to Florida Rules of Civil Procedure
  682 So. 2d 105· Fla.· 1996-10-31 ·cited 63×
  The Florida Supreme Court reviewed and approved proposed amendments to the Florida Rules of Civil Procedure submitted by the Civil Procedure Rules Committee, with the notable exception of rejecting a recommendation to expand judicial discretion regarding attorney's fees awards un
• Farina v. State
  679 So. 2d 1151· Fla.· 1996-04-18 ·cited 63×
  Anthony Farina was convicted of first-degree murder in a fatal Taco Bell robbery and sentenced to death. The Florida Supreme Court affirmed his conviction and non-capital sentences but vacated the death sentence because the trial court erroneously excluded for cause a qualified p
• Fennie v. State
  648 So. 2d 95· Fla.· 1994-07-07 ·cited 63×
  Alfred Fennie appeals his convictions for first-degree murder, armed kidnapping, and robbery with a firearm, along with his death sentence for the murder of Mary Elaine Shearin. The Florida Supreme Court affirms all convictions and the death penalty, finding the trial court did n
• In re RED Carpet Corp. OF Panama City Beach v. Miller
  902 F.2d 883· 11th Cir.· 1990-06-04 ·cited 63×
  The court held that the bankruptcy court did not abuse its discretion in awarding attorneys' fees, finding that the appellant had a full opportunity to present evidence of negligence and that the award was not clearly erroneous. The court also affirmed the award of interest on th
• United States v. Gerald Levy (89-5980) & Calvin Black (89-6099)
  904 F.2d 1026· 6th Cir.· 1990-05-25 ·cited 63×
  The court affirmed the convictions and sentences, holding that the district court did not err in its evidentiary rulings, jury instructions, or sentencing decisions, and that the challenged statute was not unconstitutionally vague or disproportionate.
• United States v. Rogers
  921 F.2d 975· 10th Cir.· 1990-03-26 ·cited 63×·via Abuse Of Discretion Standard For Severance
  The court held that Miranda warnings are not required for routine post-conviction presentence interviews, and that delays caused by speedy trial motions are excludable under the Speedy Trial Act.
• United States v. Napue
  834 F.2d 1311· 7th Cir.· 1987-11-19 ·cited 63×
  The court held that while ex parte communications are disfavored, the district court did not abuse its discretion in allowing them under specific circumstances, but the defendant failed to demonstrate prejudice from the proceedings.
• Moises Garcia-Mir v. Smith
  766 F.2d 1478· 11th Cir.· 1985-07-11 ·cited 63×
  The court held that the Attorney General's suspension of parole releases under the Status Review Plan was based on a facially legitimate and bona fide reason, and that the district court lacked jurisdiction to set aside exclusion orders for the entire class without individual exh
• Barbara and Karl Cohen v. The Sch. Bd. OF Dade Cnty.
  450 So. 2d 1238· Fla. 3d DCA· 1984-06-05 ·cited 63×
  This case addresses the extent of reimbursable travel expenses under the Education of the Handicapped Act for a child placed in residential treatment. The court held that a school board's obligation to provide transportation as a related service does not extend to funding multipl
• Chavez v. Immigr. & Naturalization Serv.
  723 F.2d 1431· 9th Cir.· 1984-01-19 ·cited 63×
  The court held that the Board of Immigration Appeals (BIA) did not abuse its discretion in denying the petitioner's motion to reopen deportation proceedings to apply for asylum, as he failed to establish a prima facie case.
• Hoang HA v. Schweiker
  707 F.2d 1104· 9th Cir.· 1983-06-10 ·cited 63×
  The court held that the government's position was substantially justified, reversing the award of attorney's fees under the Equal Access to Justice Act.
• United States v. Nolan
  700 F.2d 479· 9th Cir.· 1983-01-20 ·cited 63×·via Abuse Of Discretion Standard For Continuance
  The court held that the trial court did not abuse its discretion in denying continuances or severance, properly admitted evidence regarding a co-defendant's knowledge of the defendant's prior incarceration, and correctly excluded self-defense evidence for firearms offenses.
• Pearce v. Wichita Cnty.
  590 F.2d 128· 5th Cir.· 1979-02-22 ·cited 63×
  The Equal Pay Act can constitutionally apply to state entities under the Commerce Clause, and sufficient evidence supported the jury's finding of a violation, with the award of liquidated damages being within the court's discretion.
• Howard Johnson Co., Inc. v. Khimani
  892 F.2d 1512· 11th Cir.· 1990-01-29 ·cited 62×
  The court held that the district court did not abuse its discretion in finding the defendants in civil contempt for violating the preliminary injunction by using the name "H.J. Inns" and in imposing sanctions.
• In re the Sanction of Jay C. Baker & Michael J. Carson v. Rivair Flying Serv., Inc.
  744 F.2d 1438· 10th Cir.· 1984-10-03 ·cited 62×
• Kern v. TXO Prod. Corp.
  738 F.2d 968· 8th Cir.· 1984-07-17 ·cited 62×
  The court held that dismissing a case without prejudice after trial has begun is within the district court's discretion, but it was an abuse of discretion not to condition the dismissal on payment of the defendant's costs and attorney's fees.
• United States v. Ibarra
  737 F.2d 825· 9th Cir.· 1984-07-16 ·cited 62×
  The court held that the district court substantially complied with Fed.R.Crim.P. 32(c)(3)(D) and did not abuse its discretion by relying on challenged information in sentencing.
• Inryco, Inc. v. Metro. Eng'g Co., Inc.
  708 F.2d 1225· 7th Cir.· 1983-05-23 ·cited 62×
  The court held that the defendants' conduct, including their counsel's repeated failures to appear, respond to discovery, and comply with court orders, constituted inexcusable neglect, and thus the district court did not abuse its discretion in denying the motion to vacate the de
• Brown v. State
  426 So. 2d 76· Fla. 1st DCA· 1983-02-08 ·cited 62×·via Abuse Of Discretion Standard For Continuance
  Linda Brown was convicted of forgery, uttering a forged instrument, and grand theft in connection with cashing a stolen company check. The court affirmed the forgery conviction but reversed the other two convictions because they relied primarily on hypnotically-induced testimony
• Stotts v. Memphis Fire Dep't
  679 F.2d 541· 6th Cir.· 1982-05-07 ·cited 62×
  The court held that a district court should be cautious in modifying a consent decree, especially if it would cause parties to assume obligations for which they have not contracted, and that a consent decree cannot alter the rights of a non-party union concerning layoffs by senio
• United States v. State OF Or.
  657 F.2d 1009· 9th Cir.· 1981-09-10 ·cited 62×·via Abuse Of Discretion Standard For Preliminary Injunctions
  Indian tribes may consent to suit without explicit Congressional authority, and the Yakima Tribe's intervention and agreement to submit disputes to federal court constituted such consent, waiving their sovereign immunity.
• United States & James T. Caffey v. Asay
  614 F.2d 655· 9th Cir.· 1980-02-21 ·cited 62×
  The court affirmed the contempt judgment against the accountant, finding his defiance willful and the fine appropriate, but reversed the denial of the government's motion to compel taxpayers to produce documents, remanding for the district court to exercise its discretion.
• FOX Valley Harvestore, Inc. v. A. O. Smith Harvestore Prods., Inc.
  545 F.2d 1096· 7th Cir.· 1976-12-07 ·cited 62×
  The court held that the district court did not abuse its discretion in denying a preliminary injunction because the plaintiffs failed to demonstrate an inadequate remedy at law.
• Moore v. ST. Louis Music Supply Co., Inc.
  539 F.2d 1191· 8th Cir.· 1976-08-12 ·cited 62×
  Dismissal with prejudice for attorney's failure to appear is an abuse of discretion when the client is not at fault and the statute of limitations has expired.
• United States v. Runner
  502 F.2d 908· 8th Cir.· 1974-09-05 ·cited 62×·via Abuse Of Discretion Standard For Evidentiary Rulings
  The court held that the trial court's general voir dire questions regarding racial prejudice were insufficient given the surrounding circumstances, thus denying the defendant his right to an impartial jury.
• United States v. Young
  482 F.2d 993· 5th Cir.· 1973-08-08 ·cited 62×
  The court held that the district court did not abuse its discretion in refusing to appoint new counsel, as the appellant's claims were insubstantial and he received effective representation.
• Scarpa v. U. S. Bd. OF Parole
  477 F.2d 278· 5th Cir.· 1973-04-02 ·cited 62×·via Abuse Of Administrative Discretion
• Richardson v. Hamilton Int'l Corp.
  469 F.2d 1382· 3d Cir.· 1972-11-17 ·cited 62×
  The court held that the district court did not abuse its discretion in disqualifying the plaintiff from maintaining a class action due to a potential conflict of interest arising from his prior legal representation of the defendant company.
• United States v. Earle T. Cook
  432 F.2d 1093· 7th Cir.· 1970-09-25 ·cited 62×
  The court held that the district court did not commit reversible error in denying the defendant's motion for discovery of scientific reports, nor in admitting testimony regarding the defendant's termination of an FBI interview.
• Leino v. United States
  338 F.2d 154· 10th Cir.· 1964-11-12 ·cited 62×·via Abuse Of Discretion Standard For Continuance
  The court held that the defendant waived his right to counsel and that the trial court did not abuse its discretion in denying continuances.
• Smith v. Welch
  189 F.2d 832· 10th Cir.· 1951-05-22 ·cited 62×·via Manifest Abuse Of Discretion
  The court held that the trial court did not err in its jury instructions, its handling of evidence, or its refusal to grant a new trial.
• Pickett v. Copeland
  236 So. 3d 1142· Fla. 1st DCA· 2018-01-17 ·cited 61×
  Terrance Pickett appeals a permanent injunction for protection against stalking issued by the trial court. The appellate court reverses, holding that Florida's stalking injunction statute requires proof of only one incident of stalking (which itself requires repeated acts), not t
• Floyd v. State
  18 So. 3d 432· Fla.· 2009-06-04 ·cited 61×
  Maurice Lamar Floyd appeals denial of his Rule 3.851 post-conviction motion and petitions for habeas corpus following his conviction for first-degree murder and death sentence in the killing of his mother-in-law, Mary Goss. The Florida Supreme Court affirmed the denial of all pos
• DeMELLO v. Adams Tr.
  914 So. 2d 1090· Fla. 4th DCA· 2005-11-30 ·cited 61×
  DeMello appeals from a civil contempt order holding her responsible for unpaid rent on a Connecticut property held in trust. The court reverses, finding that the original judgment did not explicitly obligate DeMello personally to pay rent and that contempt cannot be based on impl
• Mora v. State
  814 So. 2d 322· Fla.· 2002-01-24 ·cited 61×
  Dr. Julio Mora was convicted of first-degree murder in the deaths of Dr. Clarence Rudolph and attorney Karen Marx, and attempted murder of attorney Maurice Hall, arising from shootings during a deposition in Mora's sexual harassment lawsuit. The Florida Supreme Court affirmed the
• Ballantyne v. Ballantyne
  666 So. 2d 957· Fla. 1st DCA· 1996-01-08 ·cited 61×
  The court held that the trial court abused its discretion by denying a motion to modify child support when the parties' settlement agreement expressly allowed modification without showing a change of circumstances.
• Cruse v. State
  588 So. 2d 983· Fla.· 1991-10-24 ·cited 61×·via Abuse Of Discretion Standard For Evidentiary Rulings
  William Bryan Cruse Jr. was convicted of six counts of first-degree murder and numerous other offenses stemming from a mass shooting rampage in April 1987 that killed six people and injured ten others. He appeals his convictions and two death sentences, raising claims regarding B
• United States v. Cardall
  885 F.2d 656· 10th Cir.· 1989-09-06 ·cited 61×·via Abuse Of Discretion Standard For Severance
  The court held that the second prosecution did not violate double jeopardy, joinder was proper, and the admission of evidence was not an abuse of discretion.
• Meloan v. Coverdale
  525 So. 2d 935· Fla. 3d DCA· 1988-05-10 ·cited 61×·via Abuse Of Discretion Standard For Attorney'S Fees
  The appellate court affirmed the trial court's denial of the former husband's motion for attorney's fees and guardian ad litem fees, but reversed the trial court's order requiring the former husband to pay private school tuition and affirmed the award of attorney's fees to the fo
• United States v. Esle
  743 F.2d 1465· 11th Cir.· 1984-09-26 ·cited 61×
  The court held that appellants failed to establish a prima facie case for a Sixth Amendment fair cross-section violation because they did not prove the percentage of Hispanics eligible for jury service in the general population.
• Emerick v. Fenick Indus., Inc.
  539 F.2d 1379· 5th Cir.· 1976-10-12 ·cited 61×
  The court held that the district court did not abuse its discretion by striking the appellant's answer and counterclaim and entering judgment for the appellees due to flagrant disregard of discovery orders.
• Noonan v. Cunard S.S. Co., Ltd.
  375 F.2d 69· 2d Cir.· 1967-03-14 ·cited 61×
  The court held that allowing dismissal without prejudice solely to cure an untimely jury demand, without further justification, constitutes an abuse of discretion.