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

• Flaxman v. Crules R. Cheek
  355 F.2d 672· 9th Cir.· 1966-01-31 ·cited 10×·via Abuse Of Discretion Standard For Fee Awards
  The court held that an initial order awarding attorney fees in a bankruptcy case, made without a formal hearing or findings, is an administrative order subject to reconsideration by the referee until the estate is closed.
• Bieski v. E. Auto. Forwarding Co., Inc.
  354 F.2d 414· 3d Cir.· 1965-12-29 ·cited 10×
  The court held that the lower court did not abuse its discretion in denying a preliminary injunction because there was no imminent threat of irreparable harm.
• Thomas v. Nuss
  353 F.2d 257· 6th Cir.· 1965-12-16 ·cited 10×
  The court held that the trial court did not abuse its discretion in denying discovery, refusing a new trial for juror misconduct, or denying a new trial based on newly discovered evidence.
• Haviv Schieber v. Immigr. & Naturalization Serv.
  347 F.2d 353· 9th Cir.· 1965-06-14 ·cited 10×·via Abuse Of Administrative Discretion
  The court held that there was no abuse of administrative discretion in denying the petitioner's application to withhold deportation.
• Richard v. Harrison
  165 So. 2d 235· Fla. 2d DCA· 1964-05-27 ·cited 10×
  The appellate court affirmed the trial court's decision, finding no reversible error in awarding divorce and child custody to the wife.
• Del. Watch Co., Inc. v. Fed. Trade Comm'n
  332 F.2d 745· 2d Cir.· 1964-05-13 ·cited 10×
  The court held that the Federal Trade Commission's findings of unfair and deceptive practices were supported by substantial evidence, and the petitioners' exceptions were without merit.
• York v. Fla. S. Corp.
  310 F.2d 109· 5th Cir.· 1962-11-28 ·cited 10×
  The court held that the trial court did not err in finding that the debtor's voluntary petition for reorganization was filed in good faith, despite creditor opposition, based on evidence of property value exceeding debt.
• Deitle v. United States
  302 F.2d 116· 7th Cir.· 1962-04-27 ·cited 10×
  The court held that the district court did not abuse its discretion in denying the defendant's motions and fully complied with the Supreme Court's mandate for a hearing.
• Bostic v. United States
  298 F.2d 678· D.C. Cir.· 1961-12-07 ·cited 10×
  A defendant raising a colorable claim of incompetency to stand trial under § 2255 is entitled to a hearing when the motion and record show genuine issues of material fact regarding his mental capacity at trial, even if the claim is raised many years after conviction and despite e
• S. Farm Bureau Cas. Ins. Co. v. Bennett
  131 So. 2d 499· Fla. 2d DCA· 1961-06-07 ·cited 10×
  The court held that the trial court did not abuse its discretion in determining the equitable distribution of a settlement between a widow and her deceased husband's workmen's compensation carrier.
• F. P. Sadowski Corp. v. MOW
  131 So. 2d 3· Fla.· 1961-02-08 ·cited 10×
• In re United Corp. Randolph Phillips & Joseph B. Hyman
  283 F.2d 593· 3d Cir.· 1960-11-01 ·cited 10×·via Abuse Of Discretion Standard On Appeal
  The court held that the District Court did not abuse its discretion by denying appellants' untimely request to file objections to the SEC's fee allowance application.
• Blum Vestal Johnson and Commie Allen Johnson v. United States
  265 F.2d 496· 4th Cir.· 1959-04-08 ·cited 10×
  The court held that the trial court did not err in overruling the defendants' motions for a directed verdict of acquittal or to set aside the verdict.
• United States v. de Marie
  261 F.2d 477· 7th Cir.· 1958-10-27 ·cited 10×·via Abuse Of Discretion Standard For New Trial Motions
• Raymond Pearson Motor Co. & Raymond Pearson, Inc. v. Commissioner OF Internal Revenue
  246 F.2d 509· 5th Cir.· 1957-06-28 ·cited 10×
  A partnership that predates related corporations and assumes genuine financial obligations in connection with automobile financing contracts is entitled to the dealers' reserve income derived from those contracts, even though the corporations performed the day-to-day business act
• Adams v. State
  83 So. 2d 273· Fla.· 1955-11-09 ·cited 10×
  Henry Adams appealed the denial of his motion to withdraw guilty pleas for breaking and entering and larceny, claiming the pleas were coerced by a deputy sheriff's promises and threats. The Florida Supreme Court affirmed the trial court's denial, finding no abuse of discretion.
• Cash Cole v. Fairview Dev., Inc.
  226 F.2d 175· 9th Cir.· 1955-09-29 ·cited 10×
  The court held that the trial court did not abuse its discretion in denying a motion to set aside a settlement and judgment.
• B. Heller & Co. v. Perry
  201 F.2d 525· 7th Cir.· 1953-02-06 ·cited 10×
  The court held that it would not issue a writ of mandamus to overturn a district court's discretionary order transferring venue, as such relief is beyond its authority unless there is a clear abuse of discretion.
• Somerville v. Cap. Transit Co.
  192 F.2d 413· D.C. Cir.· 1951-09-21 ·cited 10×
  The court held that the trial court did not abuse its discretion in granting a new trial as to one defendant while denying it as to another, nor in limiting the new trial to all issues rather than just damages.
• Jordan v. Fed. Farm Mortg. Corp.
  152 F.2d 642· 8th Cir.· 1945-12-27 ·cited 10×
  The court held that the debtor was not a farmer under the Bankruptcy Act and that the district court correctly dismissed his petition. The appeal from the denial of a new trial motion was dismissed.
• In re A. Roth Co. v. Chatz
  125 F.2d 396· 7th Cir.· 1942-02-05 ·cited 10×
  The court held that a party seeking to foreclose a mortgage on property not owned by the bankrupt, even if the bankrupt holds a secondary mortgage on that property, does not need consent from the Bankruptcy Court to initiate foreclosure proceedings or sue the trustee.
• Hagan v. State
  66 Fla. 268· Fla.· 1913-11-04 ·cited 10×
  John Hagan was convicted of first-degree murder in Volusia County and sentenced to life imprisonment. On appeal, he challenged the trial court's denial of his motion for a continuance to secure witness testimony and the sufficiency of evidence supporting his conviction. The Flori
• Wood v. Fla. Dep't of Educ.
  142 F.4th 1286· 11th Cir.· 2025-07-02 ·cited 9×
  Katie Wood, a transgender public school teacher in Florida, challenged a state law prohibiting her from using the honorific "Ms." and feminine pronouns in classroom interactions with students, claiming the restriction violated her First Amendment free speech rights. The Eleventh
• United States v. Harding
  104 F.4th 1291· 11th Cir.· 2024-06-20 ·cited 9×
  The court held that the district court abused its discretion by admitting evidence of drug trafficking found years after the charged conspiracy as intrinsic evidence, and that the failure to provide a limiting instruction for evidence admitted under Rule 404(b) was also an abuse
• Savoia-McHugh v. Glass
  95 F.4th 1337· 11th Cir.· 2024-03-13 ·cited 9×
  The court held that the district court did not err in denying the defendant's motion to set aside the default because the defendant willfully defaulted by intentionally or recklessly disregarding judicial proceedings.
• Ponzio v. Emily Pinon v.
  87 F.4th 487· 11th Cir.· 2023-11-27 ·cited 9×
  In a class action lawsuit over defective Mars Red paint on Mercedes-Benz vehicles, the Eleventh Circuit upheld the district court's approval of a settlement that provided reimbursement for past repairs and future repair coverage on a tiered basis based on vehicle age and mileage.
• Zavion Alahad v. State
  362 So. 3d 190· Fla.· 2023-06-01 ·cited 9×
  The proper standard of review for trial court rulings on motions to suppress out-of-court identifications is abuse of discretion review, not de novo review. The trial court's determination of whether a police identification procedure was unnecessarily suggestive and whether it ga
• Yavor Efremov v. Motorsport Network, LLC
  357 So. 3d 231· Fla. 3d DCA· 2023-02-15 ·cited 9×
  A trial court properly grants summary judgment when contract terms are clear and unambiguous, and properly denies a late motion to amend to add mistake and reformation claims when such amendment would be untimely and futile.
• Hjalmar Rodriguez, Jr. v. Burnside
  38 F.4th 1324· 11th Cir.· 2022-06-30 ·cited 9×
  Prison policies limiting shower frequency and clothing worn during transport are reasonably related to legitimate penological interests and do not violate an inmate's First Amendment rights. Even if they did, prison officials are entitled to qualified immunity.
• Granville Ritchie v. State
  344 So. 3d 369· Fla.· 2022-06-09 ·cited 9×
  Granville Ritchie was convicted of first-degree murder, sexual battery of a child under twelve, and aggravated child abuse in connection with the rape and murder of a nine-year-old girl left in his care, and the Florida Supreme Court affirmed all convictions and the death sentenc
• Certain Underwriters at Lloyd's London v. Roniel Candelaria and Amelia Padura
  339 So. 3d 463· Fla. 3d DCA· 2022-05-18 ·cited 9×
  A trial court abuses its discretion in establishing a lodestar amount when it applies an arbitrary across-the-board reduction of hours without making specific findings as to individual disputed time entries or the basis for particularized reductions. A contingency fee multiplier
• Reinier Fuentes v. Classica Cruise Operator Ltd, Inc.
  32 F.4th 1311· 11th Cir.· 2022-05-03 ·cited 9×
  The Eleventh Circuit held that the cruise line did not have actual or constructive notice of the risk of passenger-on-passenger violence during disembarkation, and thus did not breach its duty of reasonable care.
• Philip Morris USA Inc. v. Gore
  344 So. 3d 1· Fla. 4th DCA· 2022-04-13 ·cited 9×
  The appellate court reversed an attorney's fees award, holding that a non-settling defendant is entitled to a reduction in fees to prevent a double recovery when another defendant has already paid for the same fees. The court affirmed other issues on appeal.
• Bell v. State
  336 So. 3d 211· Fla.· 2022-02-03 ·cited 9×
  Jesse Bell was convicted of first-degree murder for killing inmate Donald Eastwood while incarcerated and sentenced to death. The Florida Supreme Court affirmed his conviction and sentence, rejecting arguments that the trial court failed to properly investigate mitigation, improp
• United States v. Gonzalez
  9 F.4th 1327· 11th Cir.· 2021-08-19 ·cited 9×
  A sentence imposed upon the revocation of supervised release qualifies for a reduction under the First Step Act if the underlying offense was a covered offense, but the district court retains discretion to deny the reduction.
• State v. Cosby
  313 So. 3d 903· Fla. 2d DCA· 2021-03-12 ·cited 9×
  The appellate court reversed a downward departure sentence imposed by the trial court because the court failed to articulate specific reasons for the departure, either orally or in writing, and the asserted grounds were not supported by competent, substantial evidence. The case h
• Ener v. Martin
  987 F.3d 1328· 11th Cir.· 2021-02-22 ·cited 9×
  The Eleventh Circuit affirmed the district court's dismissal of the lawsuit under the fugitive disentitlement doctrine, finding that the plaintiff's fugitive status was connected to her lawsuit and that dismissal was equitable.
• Craft v. State
  312 So. 3d 45· Fla.· 2020-11-19 ·cited 9×
  Robert Craft appeals his conviction for first-degree murder and death sentence for strangling and beating his cellmate to death in prison. Craft challenged various aspects of his penalty-phase proceedings, including the trial court's handling of mitigation evidence, but the Flori
• Nader + Museu I, LLLP v. Miami Dade Coll.
  307 So. 3d 140· Fla. 3d DCA· 2020-07-22 ·cited 9×
  The appellate court reversed a lower court's denial of attorney's fees, finding the motion was timely filed. The court clarified that a voluntary dismissal does not always immediately conclude an action for the purpose of triggering deadlines, especially when funds are held by th
• Johnson v. Johnson
  297 So. 3d 700· Fla. 1st DCA· 2020-06-15 ·cited 9×
  The appellate court reversed a final judgment of dissolution of marriage, finding the trial court abused its discretion in awarding durational alimony and denying retroactive child support. The court remanded the case for further proceedings to properly consider these issues.
• Elder v. State
  296 So. 3d 440· Fla. 4th DCA· 2020-05-27 ·cited 9×·via Abuse Of Discretion Standard For Evidentiary Rulings
  The appellate court reversed a conviction for culpable negligence and remanded for a new trial and probation hearing. The court found that the trial court erred by refusing to instruct the jury on the presumption of reasonable fear for justifiable use of deadly force and by exclu
• United States v. Ric Thomason, Jr.
  940 F.3d 1166· 11th Cir.· 2019-10-10 ·cited 9×
  The Eleventh Circuit held that the district court did not abuse its discretion in denying a resentencing hearing when correcting a sentence based on a Supreme Court ruling, as the error did not undermine the sentence as a whole and the court did not exercise significant discretio
• Davis v. State
  268 So. 3d 958· Fla. 1st DCA· 2019-04-25 ·cited 9×
  A trial judge does not violate a defendant's due process rights by considering lack of remorse or refusal to accept responsibility when sentencing within the statutory range. Lack of remorse and refusal to accept responsibility are valid sentencing considerations that speak to a
• R.J. Reynolds Tobacco Co. v. Schleider
  273 So. 3d 63· Fla. 3d DCA· 2018-12-26 ·cited 9×
  R.J. Reynolds Tobacco Company appeals a wrongful death judgment in favor of Diane Schleider and her daughter following Andrew Schleider's death from lung cancer and COPD. The Florida District Court of Appeal, Third District affirms the judgment, holding that the closing arguments
• JBJ Inv. OF S. Fla., Inc. v. S. Title Grp., Inc.
  251 So. 3d 173· Fla. 4th DCA· 2018-07-05 ·cited 9×·via Abuse Of Discretion Standard For Denying Leave To Amend
  JBJ Investment appeals summary judgment dismissing its legal malpractice claim against an attorney who prepared a mortgage with incorrect legal descriptions. The court reverses, finding genuine issues of material fact regarding whether an attorney-client relationship existed and
• Payton v. State
  239 So. 3d 129· Fla. 1st DCA· 2018-01-29 ·cited 9×
  A trial court does not abuse its discretion in excluding a third-party confession when the statement lacks sufficient corroboration and was made by a declarant under the influence of narcotics and alcohol, failing to satisfy the trustworthiness requirements of both the Florida Ev
• Anderson v. State
  229 So. 3d 383· Fla. 4th DCA· 2017-10-18 ·cited 9×
  Mark Gordon Anderson was convicted of lewd or lascivious molestation of a child and sentenced to 25 years in prison plus life sex offender probation. The appellate court affirmed the conviction but reversed the sentencing order regarding an improperly imposed lump-sum cost assess
• GLF Constr. Corp. v. Credinform Int'l, S.A.
  225 So. 3d 377· Fla. 3d DCA· 2017-08-16 ·cited 9×
  GLF Construction Corporation, a Florida subsidiary of Italian parent company Grandi Lavori, appeals the trial court's denial of its motion to dismiss for forum non conveniens in a fraud case filed by Bolivian insurance company Credinform. The court affirms, holding that the trial
• HUA v. Dennis H.L. Tsung
  222 So. 3d 584· Fla. 4th DCA· 2017-07-05 ·cited 9×
  In this dissolution of marriage appeal, the Fourth District Court of Appeal reversed and remanded on multiple issues, holding that the trial court erred by failing to apply the rebuttable presumption of permanent alimony in a long-term marriage, improperly excluding husband's val
• Allied Universal Corp. v. Given
  223 So. 3d 1040· Fla. 3d DCA· 2017-03-15 ·cited 9×
  Allied Universal Corporation appealed the denial of its motion for a preliminary injunction seeking to enforce a non-compete agreement against former employee Jeffrey Given. The appellate court reversed, holding that Given failed to rebut the statutory presumption of irreparable