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. Bowen
  857 F.2d 1337· 9th Cir.· 1988-09-22 ·cited 10×
  The court held that the district court did not abuse its discretion in excluding polygraph-related evidence because its potential for unfair prejudice substantially outweighed its probative value, especially given the government's inconsistent representations about its use.
• MOO v. A.G. Becker Paribas, Inc.
  857 F.2d 615· 9th Cir.· 1988-09-15 ·cited 10×
  The court held that Becker had sufficient notice of the non-registration claims, Hawaii law was correctly applied, and Becker was liable for violating Hawaii securities law by selling unregistered securities through an unregistered salesman, despite being a registered dealer.
• Cunanan v. Immigr. & Naturalization Serv.
  856 F.2d 1373· 9th Cir.· 1988-09-08 ·cited 10×
  The BIA abused its discretion by denying voluntary departure based on hearsay declarations without affording the alien a reasonable opportunity to cross-examine the declarant.
• Puerto RICO Mar. Shipping Auth. & Sea-Land Serv., Inc. v. Valley Freight Sys., Inc.
  856 F.2d 546· 3d Cir.· 1988-09-07 ·cited 10×
  The court held that the district court did not err in finding that the transportation service constituted a joint through route subject to ICC jurisdiction, thus Tariff 205 applied and the undercharge was recoverable.
• White v. United States Parole Comm'n & John Sullivan
  856 F.2d 59· 8th Cir.· 1988-09-06 ·cited 10×
  The court held that the Parole Commission did not waive its right to use prior charges by delaying revocation proceedings and that the parolee received adequate notice of the charges considered at the second hearing.
• Hall v. Tayze Wilson
  530 So. 2d 410· Fla. 3d DCA· 1988-08-23 ·cited 10×
  Robert Larry Hall appeals a trial court's child support order requiring him to pay $120 weekly prospective support and $64,000 in retroactive support for a child born out of wedlock. The appellate court affirms the prospective support award but reverses the retroactive support aw
• Mihalik v. PRO Arts, Inc.
  851 F.2d 790· 6th Cir.· 1988-07-07 ·cited 10×
  The court held that the district court did not abuse its discretion in denying a motion for sanctions under Fed.R.Civ.P. 11, as the plaintiffs' action was not unreasonable under the circumstances.
• United States v. Fiorilla
  850 F.2d 172· 3d Cir.· 1988-06-30 ·cited 10×
  A trial judge has discretion to continue a jury poll after a juror dissents if the circumstances demonstrate no coercion of the dissenting juror.
• Nash v. Delbert Chandler
  848 F.2d 567· 5th Cir.· 1988-06-30 ·cited 10×
  The court held that while the district court properly awarded attorney's fees to prevailing plaintiffs, the State of Texas, having intervened solely to defend a statute's constitutionality, cannot be held jointly and severally liable for those fees.
• Pratt v. D.J. McCARTHY
  850 F.2d 590· 9th Cir.· 1988-06-29 ·cited 10×
  The court held that a misunderstanding among counsel regarding who would file a notice of appeal does not constitute excusable neglect under Federal Rule of Appellate Procedure 4(a)(5).
• Equal Emp. Opportunity Comm'n v. Univ. of Pa. Appeal of the Trs. of the Univ. of Pa.
  850 F.2d 969· 3d Cir.· 1988-06-23 ·cited 10×
  The Third Circuit held that the district court did not abuse its discretion by refusing to dismiss the EEOC's subpoena enforcement action in favor of the University's earlier filed constitutional challenge in another district.
• Hunter v. Dep't OF the AIR Force Agency
  846 F.2d 1314· 11th Cir.· 1988-06-10 ·cited 10×
  The court held that the denial of appointed counsel in a Title VII case is an appealable interlocutory order, and the district court did not abuse its discretion in denying the request.
• United States v. Wicker
  848 F.2d 1059· 10th Cir.· 1988-06-06 ·cited 10×
  The court held that the district court did not abuse its discretion in suppressing the government's expert testimony and laboratory report as a sanction for failing to comply with a discovery order.
• Nat'l Distrib. Co., Inc. v. James B. Beam Distilling Co. & Nat'l Distillers Prods. Co.
  845 F.2d 307· 11th Cir.· 1988-05-18 ·cited 10×
  The court held that the Brand Withdrawal Act did not govern the parties' relationship after their written distribution contract expired and they proceeded on an at-will basis, thus the district court did not err in denying a preliminary injunction.
• United States v. Bryan
  843 F.2d 1339· 11th Cir.· 1988-05-03 ·cited 10×·via Abuse Of Discretion Standard For Severance
  The court held that the district court did not abuse its discretion in denying the defendants' motions for severance, as they failed to demonstrate compelling prejudice from the joint trial.
• United States v. Paul Douglas Hessling (87-3344)
  845 F.2d 617· 6th Cir.· 1988-04-26 ·cited 10×
• Gulf Union Indus., Inc. v. Formation Sec., Inc.
  842 F.2d 762· 5th Cir.· 1988-04-19 ·cited 10×
  The court held that Gulf Union diligently pursued regulatory approval, entitling them to the return of escrow deposits, and affirmed the award of attorney's fees.
• United States v. Archer
  843 F.2d 1019· 7th Cir.· 1988-04-05 ·cited 10×·via Abuse Of Discretion Standard For Evidentiary Rulings
  The court held that the district court did not err in denying the defendant's motion to sever counts or in admitting evidence of prior escape plans.
• United States v. Dunn
  841 F.2d 1026· 10th Cir.· 1988-03-11 ·cited 10×
  The court held that the denial of a bill of particulars was not an abuse of discretion, and the jury instructions regarding coconspirator guilty pleas were sufficient to ensure a fair trial.
• Smith v. Oelenschlager
  845 F.2d 1182· 3d Cir.· 1988-03-08 ·cited 10×
  A district court does not abuse its discretion by dismissing a post-trial motion for failure to comply with a valid local rule requiring the ordering of a transcript, even if the failure was due to an attorney's mistake.
• Coleman v. Turner
  838 F.2d 1004· 8th Cir.· 1988-02-17 ·cited 10×
  The court held that pro se litigants are not entitled to attorney fees, but remanded for consideration of costs. It also affirmed the denial of injunctive relief regarding prison disciplinary actions and access to courts.
• Hackett v. United States Parole Comm'n
  851 F.2d 127· 6th Cir.· 1987-12-08 ·cited 10×
  The court held that the Parole Commission was authorized to consider the victim's rape allegation, even if unsubstantiated or rejected by the sentencing judge, and that the Sentencing Reform Act of 1984 did not entitle the petitioner to immediate release.
• Kaercher v. The Trs. OF Health & Hosps. OF the City OF Boston, Inc.
  834 F.2d 31· 1st Cir.· 1987-12-03 ·cited 10×
  The court held that the appellant's notice of appeal was untimely, and the district court did not abuse its discretion in denying motions to vacate or reconsider the dismissal.
• Leonel Campos v. State
  515 So. 2d 1358· Fla. 4th DCA· 1987-12-02 ·cited 10×
  Leonel Campos appeals his resentencing for robbery with a firearm and shooting at an occupied vehicle following a bank robbery, high-speed chase, and shots fired at police. The Fourth District Court of Appeal reverses and remands because the trial court relied on one invalid reas
• Gary H. v. Hegstrom
  831 F.2d 1430· 9th Cir.· 1987-11-04 ·cited 10×
  The court held that the district court exceeded its authority by adopting professional association standards as constitutionally mandated, going beyond the minimum due process requirements for juvenile detention facilities.
• In re Burlington Northern
  832 F.2d 422· 7th Cir.· 1987-10-28 ·cited 10×
  The law firms are not entitled to a second round of attorneys' fees under Title VII because they were not prevailing parties against Burlington Northern, nor do they have a contractual right to such fees based on the consent decree or related documents.
• Novom v. Novom
  513 So. 2d 789· Fla. 3d DCA· 1987-10-13 ·cited 10×
  The court affirmed the dissolution judgment awarding the former wife the marital home, permanent alimony, arrearages, and attorney's fees because the appellant failed to provide a court reporter's transcript, preventing meaningful appellate review of any claimed abuse of discreti
• United States v. Taggatz
  831 F.2d 1355· 7th Cir.· 1987-10-07 ·cited 10×
  The court held that the trial court did not abuse its discretion in admitting evidence of a prior similar scheme, that the jury instructions and verdict were proper, and that the sentence imposed was not excessive.
• Broussard v. Otis R. Bowen, M.D.
  828 F.2d 310· 5th Cir.· 1987-09-30 ·cited 10×
  The court held that the district court did not abuse its discretion in denying attorney's fees under the Equal Access to Justice Act because the Secretary's position, while ultimately erroneous, was substantially justified.
• Trundle v. Bowen
  830 F.2d 807· 8th Cir.· 1987-09-02 ·cited 10×
  The court held that the district court erred in failing to award attorney's fees under the EAJA because the government's position defending the denial of benefits was not substantially justified.
• Fiandaca v. Cunningham
  827 F.2d 825· 1st Cir.· 1987-08-25 ·cited 10×
  The court held that the district court abused its discretion by refusing to disqualify counsel due to a conflict of interest, but affirmed the finding of liability on equal protection grounds, remanding only for a new determination of the remedy.
• Grandbouche v. Clancy
  825 F.2d 1463· 10th Cir.· 1987-08-13 ·cited 10×
  The court held that the trial court erred in dismissing the action without applying a First Amendment balancing test to the plaintiff's assertion of a privilege against discovery. The court also held that the action survives the plaintiff's death under Colorado law.
• Maloney v. City OF Marietta
  822 F.2d 1023· 11th Cir.· 1987-07-27 ·cited 10×
  A plaintiff can recover attorney's fees as a prevailing party under the Voting Rights Act even if they are not a member of a minority group, as long as their lawsuit was the catalyst for compliance with the Act's provisions.
• Curtis v. Bill Hanna Ford, Inc.
  822 F.2d 549· 5th Cir.· 1987-07-24 ·cited 10×
  The court held that a district court may sua sponte reduce an unopposed attorney fee request to a reasonable amount and is not required to hold an evidentiary hearing if none is requested, but erred in reducing the lead counsel's hourly rate and disallowing EEOC hearing time.
• Anant Kumar Tripati v. First Nat'l Bank & Tr.
  821 F.2d 1368· 9th Cir.· 1987-07-10 ·cited 10×
  The court held that the district court did not abuse its discretion in denying the motion for leave to proceed in forma pauperis because the complaint was frivolous and lacked arguable substance.
• Benedict v. United States
  822 F.2d 1426· 6th Cir.· 1987-07-08 ·cited 10×
  The trial court did not abuse its discretion by excluding rebuttal testimony that should have been presented in the case-in-chief.
• Johnston v. Makowski
  823 F.2d 387· 10th Cir.· 1987-07-07 ·cited 10×
  The court held that the jury's consideration of an unadmitted police report did not violate appellant's rights, nor did an impermissibly suggestive photographic identification, because under the totality of the circumstances, the identification was reliable.
• United States v. Holmes
  822 F.2d 802· 8th Cir.· 1987-07-02 ·cited 10×
  The court held that the district court did not abuse its discretion in admitting prior felony convictions over ten years old for impeachment and in admitting exhibits explaining the defendant's continued incarceration.
• Eades v. Thompson
  823 F.2d 1055· 7th Cir.· 1987-06-24 ·cited 10×
  The court held that the plaintiff stated a claim under the Eighth Amendment for deliberate indifference to serious medical needs, but not under the Fourteenth Amendment for due process or equal protection. The court also found that denying the plaintiff's third request to amend h
• Perkinson v. Gilbert/Robinson, Inc.
  821 F.2d 686· D.C. Cir.· 1987-06-19 ·cited 10×
  The court held that the district court did not abuse its discretion in awarding sanctions for discovery abuse, but erred in its jury instructions regarding negligence per se and contributory negligence.
• Jicarilla Apache Tribe v. Hodel
  821 F.2d 537· 10th Cir.· 1987-06-18 ·cited 10×
  The court held that Dome's motion to intervene was untimely and its independent action was properly dismissed due to the Tribe's indispensable status and immunity, and its motion to amend for a refund was barred by the Tucker Act.
• United States v. Salvador
  820 F.2d 558· 2d Cir.· 1987-06-04 ·cited 10×
  The court held that the trial judge did not abuse discretion in excluding an out-of-court exculpatory statement by a co-defendant under Federal Rule of Evidence 804(b)(3) due to insufficient corroborating circumstances indicating trustworthiness. The court also granted the co-def
• Metro. Dade Cnty. v. Curelli
  511 So. 2d 602· Fla. 3d DCA· 1987-06-02 ·cited 10×·via Abuse Of Discretion Standard For Costs
  In an eminent domain proceeding, the Florida Third District Court of Appeal affirmed the trial court's final judgment and cost orders, rejecting property owners' claims for business inventory damages in a total taking and affirming expert appraiser fees awarded to property owners
• Kozak v. Kozak
  507 So. 2d 718· Fla. 3d DCA· 1987-05-19 ·cited 10×
  The court held that the trial court did not abuse its discretion in awarding permanent periodic alimony to the wife and ordering her to quitclaim her interest in jointly held property to the husband.
• Dunn v. United States Parole Comm'n
  818 F.2d 742· 10th Cir.· 1987-05-14 ·cited 10×
  The Tenth Circuit held that the Parole Commission's reliance on an insanity acquittal from eighteen years prior to retard a prisoner's parole date, without evidence of current mental illness or risk, was arbitrary and capricious.
• Ariz. Elec. Power Coop., Inc. v. United States & Interstate Commerce Comm'n
  816 F.2d 1366· 9th Cir.· 1987-05-08 ·cited 10×·via Abuse Of Administrative Discretion
  The court held that the Interstate Commerce Commission (ICC) abused its discretion by failing to abide by prior representations to the court, disregarding its own precedent without adequate explanation, and misinterpreting applicable statutes regarding the review of rail rate inc
• Gibson v. Greater Park City Co.
  818 F.2d 722· 10th Cir.· 1987-05-07 ·cited 10×·via Abuse Of Discretion Standard For Costs
  Summary judgment is appropriate in antitrust conspiracy cases if the plaintiff's evidence is ambiguous and does not tend to exclude the possibility of independent action.
• C.B.T. Realty Corp. v. ST. Andrews Cove I Condo. Ass'n, Inc.
  508 So. 2d 409· Fla. 2d DCA· 1987-05-06 ·cited 10×
  The court held that costs for an expert's waiting time at trial for attorney convenience and attorney travel time for document production are not taxable. However, out-of-state expert travel expenses are generally taxable at the trial judge's discretion.
• Kotlicky v. United States Fid. & Guar. Co.
  817 F.2d 6· 2d Cir.· 1987-04-20 ·cited 10×
  The court held that the district court abused its discretion in denying the motion to vacate the judgment because the appellant presented convincing evidence of excusable neglect for failing to appear at the deposition.
• Levy v. Hawk's CAY, Inc.
  505 So. 2d 24· Fla. 3d DCA· 1987-04-07 ·cited 10×·via Gross Abuse Of Discretion
  The court affirmed a venue transfer from Dade County to Monroe County in a negligence/products liability action because the trial court had a reasonable basis for the transfer and did not abuse its discretion.