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

• Hiland Potato Chip Co. v. Culbro Corp.
  671 F.2d 1190· 8th Cir.· 1982-03-05 ·cited 10×
  The court held that it lacked jurisdiction to rule on the merits of the abandonment issue because the district court had not made a final judgment, and affirmed the denial of the plaintiff's preliminary injunction and the grant of the defendant's preliminary injunction.
• In re Coordinated Pretrial Proceedings IN Petroleum Prods. Antitrust Litig. The State OF Fla. v. Kerr-McGEE Corp.
  669 F.2d 620· 10th Cir.· 1982-01-21 ·cited 10×·via Abuse Of Discretion Standard On Appeal
  The court held that a district court did not abuse its discretion in conditioning discovery from a nonparty on payment of reasonable costs incurred in production.
• ST. Regis Paper Co. v. Watson
  409 So. 2d 75· Fla. 1st DCA· 1982-01-14 ·cited 10×
  An employer may offset workers' compensation benefits against early retirement/disability pension benefits when the pension plan provides for such a reduction.
• Ohio Power Co. v. Fed. Energy Regulatory Comm'n
  668 F.2d 880· 6th Cir.· 1982-01-11 ·cited 10×
  The Commission properly approved Modification No. 3 to the Interconnection Agreement, which increased the primary capacity equalization charge based on weighted average embedded capacity costs of surplus members, with a monthly carrying charge factor of 1.37% rather than the prop
• Jolane Russell v. United Parcel Serv., Inc.
  666 F.2d 1188· 8th Cir.· 1981-12-15 ·cited 10×
  The court held that the trial court erred in granting judgment notwithstanding the verdict because there was sufficient evidence for the jury to consider, but did not abuse its discretion in granting a new trial.
• Charter House Ins. Brokers, Ltd. v. NEW Hampshire Ins. Co.
  667 F.2d 600· 7th Cir.· 1981-12-10 ·cited 10×
  The court held that the district court did not abuse its discretion in dismissing the plaintiff's suit as a sanction for willful failure to comply with discovery requests.
• Miskow v. The Boeing Co.
  664 F.2d 205· 9th Cir.· 1981-10-28 ·cited 10×
  The court held that the district court did not abuse its discretion in dismissing the action for forum non conveniens, conditioned upon the defendants submitting to Canadian jurisdiction.
• United States v. Brown
  656 F.2d 1204· 5th Cir.· 1981-09-25 ·cited 10×
  The court held that the district court did not abuse its discretion in revoking probation, as the conviction for possession of a controlled substance was sufficient grounds, and the hearing was fundamentally fair.
• Cent. Ill. Pub. Serv. Co. v. Interstate Commerce Comm'n & United States
  659 F.2d 820· 7th Cir.· 1981-09-23 ·cited 10×
  The dissenting judge believes the majority erred in imposing a penalty on CIPS for demurrage charges, arguing that unfavorable weather prevented unloading and no 'average agreement' was established.
• Am. Funding v. Ira Hill, Jr.
  402 So. 2d 1369· Fla. 1st DCA· 1981-09-08 ·cited 10×
  The trial court did not abuse its discretion by compelling production of documents when the responding party failed to timely object or respond to the discovery request.
• United States v. Ligori
  658 F.2d 130· 3d Cir.· 1981-08-24 ·cited 10×
  The Government's plea agreement promise to make no recommendation as to sentence applies only to the original sentencing proceeding and does not extend to Rule 35 motions to reduce sentence; therefore, the Government's opposition to Ligori's Rule 35 motion did not violate the ple
• United States v. Miguel Lopez Valencia aka Enrique Carillo-Vasquez
  656 F.2d 412· 9th Cir.· 1981-07-17 ·cited 10×
  The court held that the district court did not abuse its discretion in admitting evidence not initially included in the government's Rule 12(d) notice, nor in permitting a co-defendant to invoke the Fifth Amendment privilege against self-incrimination.
• Sec. Ins. Co. v. Est. of Jerry E. Stillson
  397 So. 2d 1206· Fla. 1st DCA· 1981-05-07 ·cited 10×
  Florida appellate court affirmed the trial court's denial of a joint motion to authorize compromise and settlement of estate claims, holding that the trial court did not abuse its discretion in refusing authorization under section 733.708.
• McDONNELL Douglas & Indus. Indem. Co. v. Holliday
  397 So. 2d 366· Fla. 1st DCA· 1981-04-14 ·cited 10×
  McDonnell Douglas and its workers' compensation carrier appealed a deputy commissioner's award of temporary total disability benefits to an injured worker. The court affirmed the admission of expert testimony but reversed the disability award because the claimant was capable of p
• United States v. Mullins
  638 F.2d 1151· 8th Cir.· 1981-02-04 ·cited 10×
  The court held that the district court did not abuse its discretion in admitting the heroin sample into evidence, as the chain of custody issues raised did not suggest misidentification.
• Morton v. Harris
  628 F.2d 438· 5th Cir.· 1980-10-20 ·cited 10×
  The court held that the trial court did not abuse its discretion in dismissing the appellant's lawsuits with prejudice as a sanction for his willful and deliberate failure to comply with discovery orders.
• Rosenfelt v. Hall
  387 So. 2d 544· Fla. 5th DCA· 1980-09-10 ·cited 10×·via Abuse Of Discretion Standard For New Trial Motions
  In this dog injury case, the trial court granted a new trial after a jury verdict for the defendants, holding that the provocation instruction was improper because it only covered physical acts directed at the dog. The appellate court reversed, finding that provocation under Flor
• Collier v. Collier
  384 So. 2d 697· Fla. 4th DCA· 1980-05-28 ·cited 10×
  The appellate court affirmed the trial court's decision to award custody of one child to the father, finding sufficient evidence of special circumstances justifying a deviation from the general rule of keeping siblings together.
• Walker v. Robbins Hose Co. NO. 1, Inc.
  622 F.2d 692· 3d Cir.· 1980-05-23 ·cited 10×
  The district court did not abuse its discretion in awarding attorneys fees for prevailing claims and denying expert witness fees.
• United States v. King
  618 F.2d 550· 9th Cir.· 1980-05-08 ·cited 10×
  The court held that the district court did not abuse its discretion in denying the motion to withdraw a guilty plea because the potential impact on subsequent civil litigation is a collateral consequence not required to be disclosed under Rule 11.
• United States v. Keefe
  621 F.2d 17· 1st Cir.· 1980-05-07 ·cited 10×
  The court held that the district court did not abuse its discretion in denying the motion to withdraw the guilty plea, as the defendant was adequately informed of the consequences.
• Gensemer v. Gensemer
  383 So. 2d 913· Fla. 2d DCA· 1980-01-16 ·cited 10×
  The appellate court held that the trial court abused its discretion by denying the wife permanent alimony, given her history of mental illness, limited earning capacity, and lack of assets, contrasted with the husband's stable income and potential for increased earnings.
• Springfield Life Ins. Co. v. Edwards
  375 So. 2d 1120· Fla. 3d DCA· 1979-10-02 ·cited 10×
  Springfield Life Insurance Company appeals a trial court's order granting a new trial after a jury verdict in its favor in a disability insurance benefits case. The court reverses, holding that the trial judge abused his discretion in setting aside the jury verdict because the st
• United States v. Becklean
  598 F.2d 1122· 8th Cir.· 1979-05-14 ·cited 10×·via Abuse Of Discretion Standard On Appeal
  The court held that the district court did not abuse its discretion in denying defendants' motions to withdraw their guilty pleas.
• Volume Servs. Div. OF Interstate United Corp. v. Canteen Corp.
  369 So. 2d 391· Fla. 2d DCA· 1979-03-28 ·cited 10×
  The Florida District Court of Appeal reversed orders invalidating the Tampa Sports Authority's award of a stadium concessions contract to Interstate United Corporation despite higher bids from competitors. The court held that TSA had broad discretion to award the contract based o
• Davis v. Williams
  588 F.2d 69· 4th Cir.· 1978-11-30 ·cited 10×
  The court held that the district court did not abuse its discretion in dismissing the case for failure to prosecute.
• Dakota Wholesale Liquor, Inc. v. State OF Minn.
  584 F.2d 847· 8th Cir.· 1978-09-29 ·cited 10×·via Abuse Of Discretion Standard On Appeal
  The court affirmed the denial of a preliminary injunction, finding no abuse of discretion by the district court.
• Jordan v. Wolke
  593 F.2d 772· 7th Cir.· 1978-08-22 ·cited 10×
  The court held that granting a mandatory preliminary injunction requiring construction of new facilities for contact visitation was an abuse of discretion due to insufficient evidence of necessity and potential costs.
• United States v. van Deveer
  577 F.2d 1016· 5th Cir.· 1978-08-07 ·cited 10×
  The court held that the trial judge's limited inquiry into the informant's Fifth Amendment claim was not an abuse of discretion, given the judge's familiarity with the case.
• United States v. Heniz Jurgen Hesse
  576 F.2d 1110· 5th Cir.· 1978-07-20 ·cited 10×
  The court held that the surety's obligation under the appearance bond extended to the subsequent indictments, as they arose from the same transactions and did not increase the risk, and affirmed the district court's order of bond forfeiture.
• Coffelt v. Honorable Terry L. Shell
  577 F.2d 30· 8th Cir.· 1978-05-18 ·cited 10×
  The dissenting judge would remand the case for further consideration of the attorney's fee.
• DELTA AIR Lines, Inc. v. Civil Aeronautics Bd.
  574 F.2d 546· D.C. Cir.· 1978-01-20 ·cited 10×
  The Civil Aeronautics Board (CAB) had the discretion to delegate the procedural issue of timeliness for arbitration requests to an arbitrator, and it did not abuse that discretion in this case.
• Silva v. E. Providence Hous. Auth.
  565 F.2d 1217· 1st Cir.· 1977-11-22 ·cited 10×
  The Secretary of HUD has the statutory authority to terminate a low-rent public housing project contract for lack of diligent prosecution, and the court remanded the case to determine if HUD considered all relevant alternatives before terminating.
• Fern v. Krantz
  351 So. 2d 1144· Fla. 3d DCA· 1977-11-22 ·cited 10×
  Fern appeals a $25,000 judgment in favor of Krantz for breach of an oral employment contract. The trial court admitted rebuttal testimony regarding the property's purchase price and entered a directed verdict on Fern's counterclaim while submitting Krantz's claim to the jury. The
• Fed. Trade Comm'n v. Packers Brand Meats, Inc.
  562 F.2d 9· 8th Cir.· 1977-09-09 ·cited 10×
  The court held that the district court did not abuse its discretion in entering a default judgment and refusing to set it aside or grant a new trial.
• E. Coast Transp. Co., Inc. v. United States & Interstate Commerce Comm'n
  556 F.2d 741· 5th Cir.· 1977-07-27 ·cited 10×
  The court held that the Interstate Commerce Commission did not abuse its discretion in denying temporary operating authority.
• Burbank v. The Southland Corp.
  345 So. 2d 1108· Fla. 1st DCA· 1977-05-20 ·cited 10×
  Michael Burbank sued The Southland Corporation for malicious prosecution. After a default was entered against the defendant for failing to timely respond, the trial court granted defendant's motion to vacate the default. The appellate court affirmed, holding that where a defendan
• United States v. Littlewind
  551 F.2d 244· 8th Cir.· 1977-03-17 ·cited 10×
  The court held that the trial court did not abuse its discretion in allowing leading questions on direct examination of young victims, nor did it err in denying the motion for acquittal or in its jury instructions.
• Ross v. Ross
  341 So. 2d 833· Fla. 3d DCA· 1977-01-25 ·cited 10×·via Abuse Of Discretion Standard On Appeal
  In this dissolution of marriage case, the trial court awarded the wife lump sum alimony (the marital home, furnishings, and a new automobile), periodic alimony of $1,000 per month charged against the husband's estate, an equal division of joint assets, and attorney's fees. The hu
• Zanathy v. Beach Harbor Club Ass'n, Inc.
  343 So. 2d 625· Fla. 2d DCA· 1977-01-21 ·cited 10×
  In this condominium lien foreclosure case, the Florida Second District Court of Appeal reversed in part and affirmed in part a trial court judgment awarding the Beach Harbor Club Association assessments and a lien on two condominium units owned by the Zanathys. The court found er
• Villareal v. Braswell Motor Freight Lines, Inc.
  545 F.2d 978· 5th Cir.· 1977-01-21 ·cited 10×
  The court affirmed the district court's denial of the Rule 60(b) motion, finding no abuse of discretion.
• Sanders v. Int'l Ass'n OF Bridge, Structural & Ornamental Iron Workers, AFL-CIO
  546 F.2d 879· 10th Cir.· 1976-12-29 ·cited 10×
  The court held that the trial court abused its discretion by refusing to reopen the case to allow the International Union to present evidence on the ratification of the trusteeship, as this issue was not clearly defined in the pretrial order.
• United States v. Atkins
  545 F.2d 1153· 8th Cir.· 1976-12-16 ·cited 10×
  The court held that the district court did not abuse its discretion in denying the motion for a new trial based on newly discovered evidence.
• United States v. Lincoln
  542 F.2d 746· 8th Cir.· 1976-10-15 ·cited 10×
  The court held that the trial court did not abuse its discretion in denying the defendant's request for a psychiatrist of his own choosing, as prior examinations had already assessed his competency and responsibility.
• Gulabbhai Vallabhbhai LAD and Ambaben Gulabbhai Lad v. Immigr. & Naturalization Serv.
  539 F.2d 808· 1st Cir.· 1976-08-11 ·cited 10×
  The court held that it lacks jurisdiction to review the District Director's denial of an extension for voluntary departure, and that the immigration judge did not abuse discretion in granting a limited period for departure.
• United States v. Papercraft Corp.
  540 F.2d 131· 3d Cir.· 1976-07-09 ·cited 10×
  The court held that the civil penalty for violating an FTC divestiture order issued under the Clayton Act must be assessed with reference to the Clayton Act's maximum penalty, not the higher FTC Act penalty, and that the district court's determination of the penalty calculation s
• State Bank of Albany v. The United States
  530 F.2d 1379· Ct. Cl.· 1976-02-18 ·cited 10×
  "Government insured loans" as used in Mim. 6209 refers only to Federal Government loans, not state or local government obligations. Accordingly, State Bank of Albany was entitled to include New York State short-term notes in its loan base for calculating bad debt reserve deductio
• Conservation Council OF N.C. v. Col. Albert C. Costanzo
  528 F.2d 250· 4th Cir.· 1975-12-16 ·cited 10×
  The court held that the district court did not abuse its discretion in dissolving a temporary injunction and denying further temporary injunctive relief pending environmental review.
• United States v. Coleman
  524 F.2d 593· 10th Cir.· 1975-10-20 ·cited 10×·via Abuse Of Discretion Standard For Evidence Admission
  The court held that admitting statements after a written advisement of rights and admitting a physical exhibit with sufficient identification are not abuses of discretion.
• Moo Seon SEO v. U. S. Dep't OF Labor
  523 F.2d 10· 9th Cir.· 1975-09-04 ·cited 10×
  The court held that the Secretary of Labor abused his discretion by relying solely on state agency data without further investigation when denying an alien employment certificate, and ordered the certificate to be issued.