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

• Gorby v. Schneider Tank Lines, Inc.
  741 F.2d 1015· 7th Cir.· 1984-08-16 ·cited 10×·via Abuse Of Discretion Standard For Evidentiary Rulings
  The court held that the trial judge did not abuse his discretion in prohibiting expert witnesses from identifying a disputed statement as a source of their opinions, nor in excluding lay opinion testimony, and correctly instructed the jury on duty of care and a theory of negligen
• Case v. Basf Wyandotte & Nat'l Gypsum Co.
  737 F.2d 1034· Fed. Cir.· 1984-07-13 ·cited 10×
  The court held that the appeal was untimely because the notice of appeal was filed more than four months after the judgment, and the district court did not abuse its discretion in denying the motion to vacate and reenter the judgment.
• Interox Am. v. PPG Indus., Inc.
  736 F.2d 194· 5th Cir.· 1984-07-12 ·cited 10×
  The court held that the district court did not abuse its discretion in denying a preliminary injunction because the plaintiff failed to establish a substantial likelihood of success on the merits regarding breach of contract and trade secret claims.
• Home Placement Serv., Inc. v. Providence Journal Co.
  739 F.2d 671· 1st Cir.· 1984-07-11 ·cited 10×
  Recusal of the judge was required due to the appearance of partiality created by a newspaper article based on an interview at the judge's home while the case was pending, necessitating a remand for attorney's fees determination. However, the court rejected the plaintiff's claim f
• Allen v. Hadden
  738 F.2d 1102· 10th Cir.· 1984-07-10 ·cited 10×
  The court held that the Parole Commission did not impermissibly "double-count" factors by using the same facts to determine offense severity and to justify a parole decision outside the guidelines, as the factors were related but distinct.
• Keshabhai Patel v. Immigr. & Naturalization Serv.
  738 F.2d 239· 7th Cir.· 1984-07-05 ·cited 10×
  The court held that the Board of Immigration Appeals did not abuse its discretion in denying the petitioner's application for adjustment of status to permanent resident.
• Nat'l Labor Relations Bd. v. State Plating & Finishing Co.
  738 F.2d 733· 6th Cir.· 1984-07-03 ·cited 10×
  The court held that an NLRB agent's comments on a specific local issue during an election campaign, which led employees to believe their employer had lied, compromised the Board's neutrality and tainted the election, thus denying enforcement of the bargaining order.
• Carpenter v. Carpenter
  451 So. 2d 914· Fla. 1st DCA· 1984-06-01 ·cited 10×·via Abuse Of Discretion Standard For Continuance
  Loretta Carpenter appealed a final judgment dissolving her marriage, challenging the trial court's denial of her motion for continuance on the eve of trial. The First District Court of Appeal reversed, finding that the trial court abused its discretion by refusing to postpone tri
• L.Z. v. Honorable John E. Parrish
  733 F.2d 585· 8th Cir.· 1984-05-07 ·cited 10×
  The court held that a party's failure to diligently inquire about the status of a judgment after receiving a memorandum opinion clearly disposing of all claims, despite the clerk's failure to provide notice of entry, does not warrant relief from judgment under Fed.R.Civ.P. 60.
• Hinkle v. Christensen
  733 F.2d 74· 8th Cir.· 1984-05-02 ·cited 10×·via Abuse Of Discretion Standard For New Trial Motions
  The court held that the evidence was sufficient to support the jury's finding that the teacher was dismissed due to her union activities, and that the district court did not err in denying the school district's motions for a directed verdict and judgment notwithstanding the verdi
• Maass v. Sigurd Christensen
  447 So. 2d 1044· Fla. 4th DCA· 1984-04-11 ·cited 10×
• Sec. & Exch. Comm'n v. Prof'l Assocs. & Robert C. LaBine
  731 F.2d 349· 6th Cir.· 1984-04-10 ·cited 10×·via Abuse Of Discretion Standard For Preliminary Injunctions
  The court held that the district court did not err in considering extrinsic evidence to determine if investments were securities and did not abuse its discretion in granting the preliminary injunction.
• William F. Grigsby & the Nat'l Weather Serv. Emps. Org. v. U.S. Dep't OF Commerce
  729 F.2d 772· Fed. Cir.· 1984-03-12 ·cited 10×
  The court held that an SF-50 form is not determinative of an employee's status if there is demonstrable ministerial error in its execution, and the government is not estopped from correcting such errors if the employee did not rely on them.
• Sol Shearn Rovinsky v. McKASKLE
  722 F.2d 197· 5th Cir.· 1984-03-12 ·cited 10×
• United States v. Vesich
  726 F.2d 168· 5th Cir.· 1984-02-15 ·cited 10×
  The court held that the denial of a bill of particulars was not an abuse of discretion as the defendant was not surprised or prejudiced.
• United States v. O'Shea
  724 F.2d 1514· 11th Cir.· 1984-02-13 ·cited 10×
  The court held that the trial court did not abuse its discretion in refusing the defendant's proffered stipulation regarding his prior felony conviction.
• Meyers v. Shearn Moody, Jr.
  723 F.2d 388· 5th Cir.· 1984-01-23 ·cited 10×
  The court held that the district court did not abuse its discretion in issuing a preliminary injunction restraining the appellant from disposing of assets pending satisfaction of a judgment.
• Ballard v. Schweiker
  724 F.2d 1094· 4th Cir.· 1984-01-12 ·cited 10×
  The court affirmed the district court's attorney fee awards, finding that the trial court applied the correct legal standard and that its factual findings were not clearly erroneous.
• United States v. Turk
  722 F.2d 1439· 9th Cir.· 1983-12-22 ·cited 10×·via Abuse Of Discretion Standard For Evidentiary Rulings
  The Fifth Amendment privilege against self-incrimination does not justify a complete failure to file a tax return, and such a claim is not validly exercised when based on the possibility of an audit. The conviction for willful failure to file is affirmed.
• Holiday Gulf Builders, Inc. v. Tahitian Gardens Condo., Inc.
  443 So. 2d 143· Fla. 2d DCA· 1983-12-07 ·cited 10×
  Holiday Gulf Builders appeals a default judgment entered against it in a condominium assessment dispute. The court affirmed the denial of Holiday's motion to set aside the default but reversed and remanded the final judgment, holding that Holiday was entitled to a jury trial on d
• BIG John v. Indian Head Grain Co.
  718 F.2d 143· 5th Cir.· 1983-10-28 ·cited 10×·via Abuse Of Discretion Standard For Evidentiary Rulings
  A bailee's attempt to limit liability for negligence through an insurance agreement requires clear and unambiguous terms; otherwise, the evidence is inadmissible and the bailee remains liable.
• Ciba-Geigy Corp. v. Bolar Pharm. Co., Inc.
  719 F.2d 56· 3d Cir.· 1983-10-14 ·cited 10×
  The court held that the district court did not abuse its discretion in granting a preliminary injunction against Bolar for imitating Ciba's trade dress.
• FOX v. Commissioner OF Internal Revenue
  718 F.2d 251· 7th Cir.· 1983-10-06 ·cited 10×
  The court held that the limitations imposed on district courts for discovery sanctions under Fed. R. Civ. P. 37 should also apply to the Tax Court under T.C.R. 104(c).
• United States v. Gonzalez
  715 F.2d 1411· 9th Cir.· 1983-09-16 ·cited 10×
  The court held that the trial court did not abuse its discretion in denying the motion to elect between counts, nor in using the language of conspiracy in jury instructions.
• Riddell v. The Nat'l Democratic Party
  712 F.2d 165· 5th Cir.· 1983-08-15 ·cited 10×
  The court held that the district court did not abuse its discretion in imposing joint and several liability or in calculating the lodestar for attorneys' fees, but did err by omitting consideration of travel time and time spent preparing the fee application.
• Flynn v. Flynn
  433 So. 2d 1037· Fla. 4th DCA· 1983-07-20 ·cited 10×
  The appellate court affirmed the trial court's denial of upward modification of child support because the appellant failed to establish an abuse of discretion by not presenting sufficient evidence of increased need.
• United States v. del Vecchio
  707 F.2d 1214· 11th Cir.· 1983-06-20 ·cited 10×
  The court held that the trial had not commenced for purposes of Fed.R.Crim.P. 48(a) because the jury had not been sworn, thus the dismissal of the original indictment was not improper.
• Props. Int'l Ltd. v. Turner
  706 F.2d 308· 11th Cir.· 1983-05-31 ·cited 10×
  The court held that the district court did not abuse its discretion in imposing severe sanctions, including dismissal, for PIL's willful failure to comply with discovery orders.
• Harding v. Fed. Reserve Bank OF NEW York
  707 F.2d 46· 2d Cir.· 1983-04-29 ·cited 10×
  Dismissal of a civil action for failure to comply with a court order to file an amended complaint constitutes an abuse of discretion when the case is in its early stages, the plaintiff has otherwise complied with discovery obligations, the defendant would suffer no prejudice from
• Reed v. Gen. Motors Corp. & United Auto Workers
  703 F.2d 170· 5th Cir.· 1983-04-18 ·cited 10×
  The court held that the trial court did not abuse its discretion in approving the class settlement, finding it fair and adequately representing the class's interests.
• Dayco Corp. v. Foreign Transactions Corp.
  705 F.2d 38· 2d Cir.· 1983-04-06 ·cited 10×
  An order refusing to confirm an attachment pursuant to New York law is not appealable under 28 U.S.C. § 1291 if it involves only a factual determination and no novel legal questions.
• United States v. 499.472 Acres OF Land More OR Less IN Brazoria Cnty.
  701 F.2d 545· 5th Cir.· 1983-04-01 ·cited 10×
  The court held that the district court did not abuse its discretion in severing the trial of the sulphur interests from the trial of the surface and salt/LPG interests, despite the general 'unit rule' of valuation in condemnation cases.
• Hoecker v. Hoecker
  426 So. 2d 1191· Fla. 4th DCA· 1983-02-09 ·cited 10×
  Wife appeals a dissolution judgment that awarded substantially all marital assets to husband, leaving her with minimal property but significant debt liability. The Fourth District Court of Appeal reversed, finding the trial court erred in dismissing the restaurant corporation as
• Hatton v. T.M. Keohane
  693 F.2d 88· 9th Cir.· 1982-11-16 ·cited 10×
  The court held that the Regional Parole Commissioner did not exceed his authority in modifying the presumptive parole release date.
• Colokathis v. Wentworth-Douglass Hosp.
  693 F.2d 7· 1st Cir.· 1982-11-15 ·cited 10×
  The court held that the district court did not abuse its discretion in dismissing the case for want of prosecution, as the plaintiff's persistent delays and inability to maintain counsel justified the drastic sanction.
• Slavin v. Curry
  690 F.2d 446· 5th Cir.· 1982-11-01 ·cited 10×·via Abuse Of Discretion Standard For New Trial Motions
  The court held that the district court did not err in denying the request for court-appointed counsel, denying the motion for a new trial based on a post-trial polygraph test, or in its finding that the trial transcript had not been altered.
• Price v. Norbert Pelka
  690 F.2d 98· 6th Cir.· 1982-10-11 ·cited 10×
  A prevailing party in a civil rights case is entitled to recover attorney's fees under 42 U.S.C. § 1988 unless special circumstances would render such an award unjust, and a plaintiff's perjury regarding matters irrelevant to the defendant's liability does not constitute such spe
• Conway v. Chem. Leaman Tank Lines, Inc.
  687 F.2d 108· 5th Cir.· 1982-09-27 ·cited 10×
  The court held that the district court did not abuse its discretion in granting a new trial due to the unfair surprise of an unlisted expert witness, but erred in awarding interest from the earlier date.
• Adelaide v. Sloman
  418 So. 2d 1249· Fla. 4th DCA· 1982-09-08 ·cited 10×
  The court held that the trial court did not abuse its discretion in dividing marital assets or denying lump sum alimony, but erred in failing to award the wife attorney's fees.
• Bruce Drug, Inc. v. Hollister Inc.
  688 F.2d 853· 1st Cir.· 1982-09-08 ·cited 10×
  A manufacturer may terminate a dealer's dealership based on the dealer's belligerent conduct and credit concerns without violating the Sherman Act, even if the stated reasons are pretextual, absent proof of a conspiracy with other dealers. A manufacturer's concerted action with r
• Est. OF William A. Frieders v. Comm'r OF Internal Revenue Serv.
  687 F.2d 224· 7th Cir.· 1982-08-30 ·cited 10×
  The Tax Court's valuation of the estate's farm was not clearly erroneous, and its refusal to consider post-trial evidence of the farm's actual sale price was not an abuse of discretion.
• United States v. Pomerantz
  683 F.2d 352· 11th Cir.· 1982-08-16 ·cited 10×·via Abuse Of Discretion Standard For Trial Court Rulings
  The admission of testimony regarding the defendant possessing a gun during the commission of the crime was not reversible error, and the evidence was sufficient to support the conspiracy charge.
• Kelley v. Metro. Cnty. Bd. OF Educ. OF Nashville & Davidson Cnty.
  687 F.2d 814· 6th Cir.· 1982-07-27 ·cited 10×
  In a school system with a history of de jure segregation, the district court must use the system's actual racial composition as a starting point for desegregation remedies, not an arbitrary percentage; a 15% minimum presence standard allowing 85% one-race schools is unconstitutio
• United States v. Eldridge Lovelace
  683 F.2d 248· 7th Cir.· 1982-07-23 ·cited 10×
  The court held that the district judge did not abuse his discretion in denying the defendant's motion to withdraw his guilty plea.
• Nat'l Org. FOR Women v. Bank OF Cal.
  680 F.2d 1291· 9th Cir.· 1982-07-08 ·cited 10×
  A district court does not abuse its discretion in awarding attorneys' fees to a defendant in a Title VII case when the plaintiff's motion meets the Christiansburg standard of being frivolous, unreasonable, or without foundation, even if the plaintiff organization has limited fina
• United States v. Matlock
  675 F.2d 981· 8th Cir.· 1982-04-14 ·cited 10×
  The court held that the indictment was sufficient, the evidence supported the conviction, and the exclusion of collateral impeachment testimony was not an abuse of discretion.
• Bailey v. State
  411 So. 2d 1377· Fla. 4th DCA· 1982-04-07 ·cited 10×
  Bailey was convicted of manslaughter for shooting his six-year-old daughter. He appeals on the ground that the trial court violated his Sixth Amendment right to confront witnesses by refusing to allow cross-examination of his wife about an alleged affair. The appellate court affi
• Grady Lee Copeland and Deborah Copeland v. Gulf OIL Corp.
  672 F.2d 867· 11th Cir.· 1982-04-05 ·cited 10×·via Abuse Of Discretion Standard For Evidentiary Rulings
  The court held that the trial judge did not err in refusing to strike a juror for cause, excluding proffered evidence, allowing the jury to use a dictionary, or denying a motion for a new trial.
• Duke S. Elliott v. La. Power & Light Co.
  671 F.2d 865· 5th Cir.· 1982-03-31 ·cited 10×
  The court held that the district court erred in granting a directed verdict on the statutory employer issue, as substantial evidence raised a question of fact for the jury. However, the court found no abuse of discretion in denying the plaintiff's request for plans and specificat
• Joplin v. Sw. Bell Tel. Co.
  671 F.2d 1274· 10th Cir.· 1982-03-09 ·cited 10×
  The court held that the district court abused its discretion by dismissing the appellant's action sua sponte without sufficient findings or consideration of less severe sanctions.