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

• Manning v. United States
  161 F.2d 827· 5th Cir.· 1947-05-28 ·cited 61×
  The court held that a probationer is not entitled to formal notice or specific charges for revocation proceedings, and the trial judge's discretion in revoking probation is broad.
• Sanford v. Cloud
  17 Fla. 532· Fla.· 1880-01-01 ·cited 61×
  In this covenant action for breach of a land contract, the Florida Supreme Court reversed the lower court judgment, holding that the declaration was fatally defective for failing to allege a tender of the deed when the covenants were dependent. The court also addressed the propri
• Jacob v. Cal Henderson
  840 So. 2d 1167· Fla. 2d DCA· 2003-03-28 ·cited 60×
  Wilma Jacob appealed a trial court's dismissal with prejudice of her personal injury action based on a finding of fraud on the court. The appellate court reversed, holding that dismissal with prejudice was an abuse of discretion because the discrepancies between Mrs. Jacob's depo
• Brown v. Trs. OF Boston Univ.
  891 F.2d 337· 1st Cir.· 1989-12-01 ·cited 60×
  Once a university has been found to have impermissibly discriminated in a tenure decision, tenure is an appropriate Title VII remedy to provide 'make whole' relief, and courts should award it despite concerns about intruding into academic decisions, because Title VII's remedial p
• United States v. Ira Silverman
  889 F.2d 1531· 6th Cir.· 1989-11-21 ·cited 60×
  The court held that uncharged conduct, if sufficiently reliable and part of the same course of conduct or common scheme as the offense of conviction, can be considered for sentencing purposes under the Guidelines, even if it occurred prior to the Guidelines' effective date or was
• Webb v. City OF Chester
  813 F.2d 824· 7th Cir.· 1987-03-06 ·cited 60×
  The court held that the district judge did not err in denying the defendants' motion for a directed verdict or judgment notwithstanding the verdict, and that the admission of expert testimony was proper.
• Fortier v. Dona Anna Plaza P'rs
  747 F.2d 1324· 10th Cir.· 1984-12-17 ·cited 60×·via Abuse Of Discretion Standard For Evidentiary Rulings
  The court held that the automatic stay provision of the Bankruptcy Act does not extend to solvent co-defendants of the debtor, and that evidentiary rulings were either waived, cured, or did not affect substantial rights.
• Bennett v. Behring Corp.
  737 F.2d 982· 11th Cir.· 1984-07-30 ·cited 60×
  The court held that the district court did not abuse its discretion in approving the class action settlement, finding it fair, adequate, and reasonable.
• Apple Barrel Prods., Inc. v. R.D. Beard
  730 F.2d 384· 5th Cir.· 1984-04-23 ·cited 60×
  The court held that while the district court may have erred in its analysis of copyright infringement and misappropriation claims, the denial of the preliminary injunction is affirmed because the plaintiffs failed to demonstrate that the threatened injury to them outweighed the p
• R.E. Rodgers and Barbara Rodgers v. Watt
  722 F.2d 456· 9th Cir.· 1983-12-16 ·cited 60×
  The court held that the trial court did not abuse its discretion in granting relief from judgment under Fed.R.Civ.P. 60(b)(1) based on excusable neglect, allowing a timely appeal.
• G.K. Phillips v. United States Postal Serv.
  695 F.2d 1389· Fed. Cir.· 1982-12-23 ·cited 60×
  The court held that the Merit Systems Protection Board's decision not to waive the regulatory time limit for filing an appeal was not arbitrary, an abuse of discretion, or otherwise not in accordance with law.
• Marion v. Coffran
  683 F.2d 5· 1st Cir.· 1982-06-29 ·cited 60×
  The district court abused its discretion in granting a new trial because the jury's verdict for the defendant was not against the clear weight of the evidence, particularly regarding causation.
• In re Holtkamp v. Littlefield
  669 F.2d 505· 7th Cir.· 1982-02-01 ·cited 60×
  The court held that the bankruptcy court did not abuse its discretion in lifting the automatic stay to allow a pending personal injury suit to proceed to judgment, nor did it err in the conduct of the emergency hearing.
• Treasure Salvors, Inc. v. The Unidentified Wrecked & Abandoned Sailing Vessel
  640 F.2d 560· 5th Cir.· 1981-03-09 ·cited 60×
  The court affirmed the preliminary injunction but modified it to expire within 90 days, finding that while the district court likely did not err in granting the injunction, the record deficiencies and potential overbreadth warranted modification.
• Behar v. Se. Banks Tr. Co.
  374 So. 2d 572· Fla. 3d DCA· 1979-08-07 ·cited 60×
  Sylvia Behar appeals a final judgment dissolving her marriage to Alberto Behar and subsequent orders regarding property disposition, challenging the trial court's refusal to continue the divorce hearing when her counsel moved to withdraw and claiming the court lacked jurisdiction
• United States v. Rucker
  586 F.2d 899· 2d Cir.· 1978-09-28 ·cited 60×·via Abuse Of Discretion Standard For Severance
  The court affirmed the convictions, holding that the trial court did not abuse its discretion in denying severance, admitting prior conviction evidence, or in its jury instructions, and that the evidence was sufficient to support the convictions.
• United States v. Fessel
  531 F.2d 1275· 5th Cir.· 1976-05-20 ·cited 60×·via Abuse Of Discretion In Denying Continuance
  The court held that the defendant was denied his Sixth Amendment right to effective assistance of counsel due to his attorney's failure to seek court-appointed psychiatric assistance for an insanity defense, and that the trial judge abused his discretion by denying a continuance.
• Massey v. Gulf OIL Corp.
  508 F.2d 92· 5th Cir.· 1975-02-17 ·cited 60×
  The court held that the district judge did not abuse his discretion in granting a new trial because the jury's damage award lacked sufficient accuracy and reliability based on the evidence presented.
• United States v. Jorgenson
  451 F.2d 516· 10th Cir.· 1971-11-19 ·cited 60×·via Abuse Of Discretion In Limiting Cross-Examination
  The court held that the trial court did not abuse its discretion in limiting repetitive cross-examination, that the defendant's absence from certain conferences did not constitute grounds for mistrial, and that the evidence was sufficient to sustain the conviction.
• Williams v. United States
  416 F.2d 1064· 8th Cir.· 1969-10-09 ·cited 60×·via Abuse Of Discretion Standard For Severance
  The court held that a defendant is constitutionally entitled to representation by counsel on direct appeal, and the absence of such counsel requires a new appellate review. The court also held that the trial court did not abuse its discretion in denying motions for severance.
• United States v. Gleeson
  411 F.2d 1091· 10th Cir.· 1969-05-29 ·cited 60×
  The court held that the evidence was sufficient to convict all appellants, and that various procedural and evidentiary rulings by the trial court did not constitute an abuse of discretion or reversible error.
• Pearson v. Denny Dennison
  353 F.2d 24· 9th Cir.· 1965-11-10 ·cited 60×
  The court held that dismissal for failure to prosecute was an abuse of discretion as to defendants Countryman and Dennison, who did not seek dismissal on that ground, but affirmed dismissal as to Marsh, Bayers, Woodvale, and Timbay due to unreasonable delay and prejudice.
• Gearhart v. United States
  272 F.2d 499· D.C. Cir.· 1959-09-24 ·cited 60×
  A defendant seeking to withdraw a guilty plea before sentencing should be allowed to do so more freely than after sentencing, especially when raising a defense.
• Barton v. United States
  263 F.2d 894· 5th Cir.· 1959-02-26 ·cited 60×·via Abuse Of Discretion Standard For Severance
  The court held that the district court abused its discretion by denying a motion for severance, as the co-defendant's confession, which heavily implicated the moving defendant, could not be effectively limited by jury instructions.
• United States v. Brewer
  899 F.2d 503· 6th Cir.· 1990-03-29 ·cited 59×
  The dissenting judge argues the majority erred in reversing the district court's probation sentence for two first-offender defendants.
• Achacoso-Sanchez v. Immigr. & Naturalization Serv.
  779 F.2d 1260· 7th Cir.· 1985-12-13 ·cited 59×
  The Board of Immigration Appeals did not abuse its discretion in denying a motion to reopen deportation proceedings for adjustment of status, as the decision was based on rational explanations and the court's review is limited to procedural errors or forbidden reasons.
• United States v. O'Neill
  767 F.2d 780· 11th Cir.· 1985-08-02 ·cited 59×
  The court affirmed the drug convictions for most counts but vacated Mallard's sentence due to procedural error in the sentencing hearing and remanded for resentencing.
• Usaco Coal Co. v. Carbomin Energy, Inc.
  689 F.2d 94· 6th Cir.· 1982-09-27 ·cited 59×
  The court held that a district court has the power to issue a preliminary injunction to preserve assets for potential restitution based on a breach of fiduciary duty, even if the defendants argue state law remedies are adequate.
• Sec. & Exch. Comm'n v. First Fin. Grp. OF Tex.
  645 F.2d 429· 5th Cir.· 1981-05-20 ·cited 59×
  The court held that the preponderance of the evidence standard applies to SEC preliminary injunctions and that the district court had jurisdiction to appoint a receiver despite a pending bankruptcy petition.
• Abramson v. Univ. OF Haw.
  594 F.2d 202· 9th Cir.· 1979-03-28 ·cited 59×·via Abuse Of Discretion In Denying Continuance
  The court held that summary judgment on Title VII claims was improper because a genuine issue of material fact exists regarding the final date of tenure denial and retaliation claims are actionable if occurring after the 1972 amendments. The court affirmed the dismissal of the eq
• Swindle v. Reid
  242 So. 2d 751· Fla. 4th DCA· 1970-10-23 ·cited 59×
  Dismissal of a complaint with prejudice for failure to comply with a discovery order requires a finding or conclusive showing that the party deliberately refused to obey the court's order; dismissal is an abuse of discretion when the record is reasonably susceptible to an interpr
• Evans v. State
  177 So. 3d 1219· Fla.· 2015-11-12 ·cited 58×·via Abuse Of Discretion Standard For Evidence Admission
  Patrick Albert Evans was convicted of two counts of first-degree murder for the deaths of his estranged wife Elizabeth Evans and her boyfriend Gerald Taylor, and sentenced to death. The Florida Supreme Court vacated the convictions and death sentences due to cumulative trial erro
• Angrand v. KEY
  657 So. 2d 1146· Fla.· 1995-06-22 ·cited 58×
  The Florida Supreme Court resolved a conflict between district courts regarding the admissibility of expert testimony on grief and bereavement in wrongful death cases. The Court held that while trial courts have broad discretion to admit such expert testimony, it must genuinely a
• United States v. McKINES
  933 F.2d 1412· 8th Cir.· 1991-05-17 ·cited 58×
  The court held that the encounter between the DEA agent and the defendant did not constitute a Fourth Amendment seizure, and therefore the evidence seized was admissible.
• In re Ronco, Inc.
  838 F.2d 212· 7th Cir.· 1988-01-21 ·cited 58×
  The court held that while some omissions and misrepresentations by the attorneys warranted sanctions under Rule 11, the substantive legal arguments were not so deficient as to justify sanctions, leading to vacating the district court's judgment.
• Iribar v. Iribar
  510 So. 2d 1023· Fla. 3d DCA· 1987-07-21 ·cited 58×
  The court held that the trial court did not abuse its discretion in dividing marital assets or awarding rehabilitative alimony, but did abuse its discretion in denying the wife's application for attorney's fees and costs.
• United States v. Sutton
  794 F.2d 1415· 9th Cir.· 1986-07-22 ·cited 58×
  The court held that dual representation did not violate the Sixth Amendment and that the plea agreement was not breached. The court also held that the investigatory stop was justified by founded suspicion and that severance was not warranted.
• Frazier v. Cast
  771 F.2d 259· 7th Cir.· 1985-08-20 ·cited 58×
• United States v. Webster
  734 F.2d 1048· 5th Cir.· 1984-06-11 ·cited 58×
  The court affirmed the convictions, finding no reversible error in the district court's rulings on severance, wiretap orders, search warrants, or continuance motions.
• United States v. Deil Otto Gustafson
  728 F.2d 1078· 8th Cir.· 1984-02-29 ·cited 58×
  The court held that the trial court did not abuse its discretion in admitting evidence of other acts under Rule 404(b) and in denying a motion for a new trial.
• Ursic v. Bethlehem Mines
  719 F.2d 670· 3d Cir.· 1983-10-19 ·cited 58×·via Abuse Of Discretion Standard For Fee Awards
  The court held that while an attorney's fee award was permissible in an ERISA case, the district court erred by awarding a bonus over the lodestar without sufficient justification, and the award must be limited to the lodestar amount.
• Bonnette v. Cal. Health & Welf. Agency & Mario Obledo
  704 F.2d 1465· 9th Cir.· 1983-05-05 ·cited 58×
  State and county agencies were joint employers of chore workers under the FLSA, and the Tenth Amendment did not exempt them from minimum wage provisions because the program was not a traditional governmental function. The attorneys' fee award was not an abuse of discretion.
• United States v. Vincent
  681 F.2d 462· 6th Cir.· 1982-06-23 ·cited 58×
  The court held that the trial judge did not abuse discretion in admitting evidence of post-arrest threats under a res gestae theory, and that the conviction for threatening the President was supported by sufficient evidence under an objective interpretation of the statute.
• Belo Broad. Corp. v. Clark
  654 F.2d 423· 5th Cir.· 1981-08-28 ·cited 58×
  The court held that neither the First Amendment nor the common law grants the press a right to copy and broadcast audiotapes admitted as exhibits in a criminal trial when doing so could prejudice a pending trial.
• Lundgrin v. Claytor
  619 F.2d 61· 10th Cir.· 1980-04-08 ·cited 58×
  The court held that the district court did not abuse its discretion in denying a preliminary injunction because the plaintiff failed to demonstrate a likelihood of success on the merits of his breach of contract claim regarding his enlistment agreement.
• United States v. Werner
  620 F.2d 922· 2d Cir.· 1980-02-28 ·cited 58×·via Abuse Of Discretion Standard For Severance
  The court held that the joinder of two distinct robberies under Federal Rule of Criminal Procedure 8(a) was proper because they were of a 'similar character,' and the trial court did not abuse its discretion in denying a severance under Rule 14.
• Drayton v. Jiffee Chem. Corp.
  591 F.2d 352· 6th Cir.· 1978-12-19 ·cited 58×
  The court, in a dissenting opinion, argues that the majority erred in its disposition of future earnings, psychiatric treatment, and punitive damages, asserting that the evidence supported the trial court's original awards.
• Price v. Lucky Stores, Inc.
  501 F.2d 1177· 9th Cir.· 1974-07-23 ·cited 58×
  The court held that the district court's order dismissing the class action allegation was appealable and vacated the order because the district court failed to make required findings.
• Sec. & Exch. Comm'n v. Harris A. Shapiro
  494 F.2d 1301· 2d Cir.· 1974-04-09 ·cited 58×
  A defendant who trades securities while in possession of material, non-public information about a potential merger violates Section 10(b) and Rule 10b-5, and an injunction is appropriate given the defendant's professional role and repeated violations.
• Norbert D. Terlikowski v. United States
  379 F.2d 501· 8th Cir.· 1967-06-30 ·cited 58×·via Abuse Of Discretion Standard On Appeal
  The court held that the appellants' convictions were supported by sufficient evidence and that their various claims regarding speedy trial, due process, severance, removal from state custody, and the right to subpoena witnesses were without merit.