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

• Dodd Ins. Servs., Inc. v. Royal Ins. Co. OF Am.
  935 F.2d 1152· 10th Cir.· 1991-06-11 ·cited 9×
  A pleading containing both frivolous and nonfrivolous claims can violate Rule 11, but the amount of sanctions must be the minimum necessary to deter future abuses and cannot be calculated solely by a mathematical percentage.
• Brock v. Entre Computer Ctrs., Inc.
  933 F.2d 1253· 4th Cir.· 1991-05-28 ·cited 9×
  The court affirmed the district court's denial of retransfer and grant of summary judgment, holding that the forum selection clause and choice of law provision in the franchise agreement were valid and that the releases executed by the plaintiff were enforceable.
• Graeme MacArthur Lacey v. Cessna Aircraft Co.
  932 F.2d 170· 3d Cir.· 1991-04-23 ·cited 9×
  The court affirmed the district court's judgment, remanding for further proceedings based on forum non conveniens factors.
• United States v. Nolasco
  926 F.2d 869· 9th Cir.· 1991-02-15 ·cited 9×
  A district court's decision whether to provide a supplemental instruction defining "reasonable doubt" is within the sound discretion of the trial court and is reviewed under an abuse of discretion standard; such an instruction is permissible but not required.
• United States v. Ayers
  924 F.2d 1468· 9th Cir.· 1991-01-29 ·cited 9×
  The court held that the district court did not abuse its discretion in admitting evidence of subsequent acts to prove intent, admitting Gregory Ayers' tax returns, and refusing the proposed jury instruction. The court also found the search warrant was supported by probable cause.
• Columbus Mills, Inc. v. Doy L. Freeland
  918 F.2d 1575· 11th Cir.· 1990-12-14 ·cited 9×
  The court held that the district court did not err in denying a jury trial on the issue of attorneys' fees and that the finding of Freeland's dissent being arbitrary and vexatious was not clearly erroneous.
• United Union OF Roofers v. Ins. Corp. OF Am.
  919 F.2d 1398· 9th Cir.· 1990-12-04 ·cited 9×
  The court held that the Union lacked associational standing to sue for its members' past wages because such claims require individual participation. However, the court reversed the refusal to allow the Union to amend its complaint to assert an independent basis for standing.
• Williams v. State
  567 So. 2d 9· Fla. 4th DCA· 1990-08-15 ·cited 9×·via Abuse Of Discretion Standard For Severance
  The court held that the trial court did not abuse its discretion in denying the appellant's motions for severance, as the appellant had the opportunity to cross-examine witnesses and the evidence was not confusing.
• Messina v. Kroblin Transp. Sys., Inc.
  903 F.2d 1306· 10th Cir.· 1990-05-21 ·cited 9×·via Abuse Of Discretion Standard For Evidentiary Rulings
  The court held that the jury instructions on the ADEA claim, while potentially complex, did not mislead the jury, and the directed verdict on the slander claim was proper because internal corporate communications do not constitute publication under Oklahoma law.
• SIX (6) Mexican Workers v. Arizona Citrus Growers
  904 F.2d 1301· 9th Cir.· 1990-05-18 ·cited 9×
• Bobal v. Rensselaer Polytechnic Inst.
  916 F.2d 759· 2d Cir.· 1990-05-15 ·cited 9×
  The court held that while dismissal of most claims was proper, the district court abused its discretion by dismissing the remaining claims without first warning the pro se plaintiff of the potential sanction, but later affirmed the dismissal upon learning a warning was given.
• United States v. Dorotich
  900 F.2d 192· 9th Cir.· 1990-04-03 ·cited 9×·via Abuse Of Discretion Standard For Expert Testimony
  The court held that the failure to give a specific jury instruction on good faith reliance on expert advice is not reversible error in a tax fraud case if the court adequately instructs the jury on specific intent.
• Fulks v. Fulks
  558 So. 2d 205· Fla. 2d DCA· 1990-03-23 ·cited 9×
  In this dissolution of marriage appeal, the Florida District Court of Appeal affirmed the trial court's property division but reversed its award of permanent periodic alimony to the appellee, finding no factual basis under Florida law to justify permanent support.
• J.D. Pharm. Distribs., Inc. v. Save-On Drugs & Cosmetics Corp.
  893 F.2d 1201· 11th Cir.· 1990-02-06 ·cited 9×
  The court held that Sonia Thuna and Farmedics of California, Inc. did not receive adequate notice of discovery requests and the summary judgment motion, thus reversing the judgment against them. Martin Thuna's appeal was affirmed as he received notice and failed to respond, and t
• In re Allied-Signal Inc.
  891 F.2d 967· 1st Cir.· 1989-12-20 ·cited 9×
  The court held that a judge's impartiality was not reasonably questioned due to law clerks having brothers involved in the litigation, and thus mandamus relief was not warranted.
• Gould v. Alleco, Inc.
  883 F.2d 281· 4th Cir.· 1989-08-16 ·cited 9×
  Non-class members lack standing to object to a class action settlement under Rule 23(e), and their motion to intervene was untimely and lacked sufficient interest.
• Gomez v. Pujols
  546 So. 2d 734· Fla. 3d DCA· 1989-05-23 ·cited 9×
  Cristiana Gomez appeals a default judgment entered against her for failing to comply with a court order to answer interrogatories in a mortgage foreclosure action. The court affirmed the default judgment, holding that the trial court did not abuse its discretion in imposing this
• United States v. Dyal
  868 F.2d 424· 11th Cir.· 1989-03-24 ·cited 9×
  The court held that the government is entitled to a presumption of good faith when seeking dismissal under Rule 48(a), and the defendant must demonstrate bad faith or prejudice to overcome this presumption.
• Straw v. Otis R. Bowen, M.D.
  866 F.2d 1167· 9th Cir.· 1989-02-01 ·cited 9×
  The court held that district courts must calculate attorney fees based on a lodestar method considering reasonable hours and prevailing market rates, rather than simply approving contingency percentages or fixed hourly rates without justification. Awards in Straw and Garcia were
• Sec. & Exch. Comm'n v. FOX
  855 F.2d 247· 5th Cir.· 1988-09-21 ·cited 9×
  The court held that the district court did not abuse its discretion in denying attorney's fees under the EAJA because the SEC's decision to prosecute and its litigation position were substantially justified, even though the SEC ultimately failed to prove its case.
• United States v. Marshall
  856 F.2d 896· 7th Cir.· 1988-09-02 ·cited 9×·via Abuse Of Discretion Standard For Evidentiary Rulings
  The court held that the statute of limitations for fleeing from justice requires proof of intent to avoid arrest or prosecution, and that the trial court's finding of such intent was not clearly erroneous.
• Hadden v. Otis R. Bowen, M.D.
  851 F.2d 1266· 10th Cir.· 1988-07-20 ·cited 9×
  The court held that a lack of substantial evidence supporting the government's position does not automatically mean the government's position was not substantially justified under the Equal Access to Justice Act.
• Nemrod Jose Arauz v. Rivkind
  845 F.2d 271· 11th Cir.· 1988-05-16 ·cited 9×
  The court held that while an alien convicted of a particularly serious crime is statutorily ineligible for withholding of deportation, the immigration judge abused discretion by failing to allow the alien to present evidence for his asylum application.
• In re D.C. Sullivan Co., Inc. v. Goldman
  843 F.2d 596· 1st Cir.· 1988-04-04 ·cited 9×
  The court held that the lower courts did not abuse their discretion in denying a motion for sanctions under Bankruptcy Rule 9011, as the opposing counsel's conduct was not frivolous or legally groundless.
• United States v. Armand Gravely
  840 F.2d 1156· 4th Cir.· 1988-02-29 ·cited 9×
  The court held that the defendant's conviction for Sherman Act violations and obstruction of justice was proper, and that the trial court did not err in its rulings or conduct.
• Direct Mail Specialists, Inc. v. Eclat Computerized Techs., Inc.
  840 F.2d 685· 9th Cir.· 1988-02-24 ·cited 9×
  The court held that service of process on a receptionist in a shared office was sufficient to establish personal jurisdiction over the corporation, and that the corporation's subsequent actions did not constitute an appearance, thus affirming the denial of the motion to vacate th
• State of Fla. Dep't of Env't Reg. v. Chemairspray, Inc.
  520 So. 2d 96· Fla. 4th DCA· 1988-02-17 ·cited 9×
  The trial court abused its discretion in denying the motion to vacate the dismissal because the findings of dilatory tactics were unsupported by the record and the submitted affidavits were unopposed.
• Gill v. Rollins Protective Servs. Co.
  836 F.2d 194· 4th Cir.· 1987-12-23 ·cited 9×
  The court held that the trial judge did not abuse discretion in granting a new trial and that admitting evidence of smoke detector placement and awarding prejudgment interest were not reversible errors.
• United States v. Kaun
  827 F.2d 1144· 7th Cir.· 1987-08-26 ·cited 9×
  A tax protester group may constitute an abusive tax shelter under Internal Revenue Code section 6700, and the government may obtain an injunction under section 7408 against a person who organizes or promotes such a shelter and makes statements about tax benefits that he knows or
• T.J. Smith & Nephew Ltd. v. Consol. Med. Equip., Inc.
  821 F.2d 646· Fed. Cir.· 1987-06-25 ·cited 9×
  The denial of a preliminary injunction is affirmed because the plaintiff failed to establish a reasonable likelihood of success on the merits and irreparable harm, and the appellate court will not re-evaluate evidence or legal conclusions de novo.
• PAN Am. Bank, N.A. v. World Purchasing, Inc.
  507 So. 2d 1192· Fla. 3d DCA· 1987-06-02 ·cited 9×
  It is an abuse of discretion to vacate an order of dismissal for failure to prosecute when no action has been taken for a year.
• In re Stauffer Seeds, Inc. v. Stauffer Seeds, Inc.
  817 F.2d 47· 8th Cir.· 1987-04-22 ·cited 9×
  The court held that the magistrate abused discretion by disallowing all fees for proving matters that should have been admitted and by not awarding fees for seeking sanctions. The court affirmed the magistrate's disallowance of duplicative attorney fees.
• United States v. Schuler
  813 F.2d 978· 9th Cir.· 1987-03-26 ·cited 9×
  A prosecutor's comment in closing argument on the courtroom behavior of a non-testifying defendant, when the trial court overrules an objection without giving a curative instruction, violates the defendant's Fifth Amendment rights and constitutes reversible error; however, a pros
• Taylor v. United States
  815 F.2d 249· 3d Cir.· 1987-03-19 ·cited 9×
  The court held that the special circumstances of the case made an award of attorneys' fees unjust, affirming the district court's denial.
• United States v. Spurlock
  811 F.2d 1461· 11th Cir.· 1987-03-09 ·cited 9×
  The court held that an improper conversation between a juror and his mother regarding the defendant's guilt, while improper, did not constitute reversible error because it did not pose a reasonable probability of prejudice to the defendant.
• Foster v. Bd. OF Sch. Comm'rs OF Mobile Cnty.
  810 F.2d 1021· 11th Cir.· 1987-02-19 ·cited 9×
  The court held that the district court did not abuse its discretion in reducing attorney's fees to reflect the limited success of plaintiffs in Stage II of the bifurcated class action, consistent with Supreme Court precedent on the 'results obtained' factor.
• Commodity Futures Trading Comm'n v. The Am. Bd. OF Trade, Inc.
  803 F.2d 1242· 2d Cir.· 1986-10-10 ·cited 9×
  The court affirmed the district court's judgment, holding that the Commodity Exchange Act applied to defendants' commodity option transactions, including those involving foreign currency, and that the district court did not abuse its discretion in issuing the injunction or orderi
• Papago Tribal Util. Auth. v. Fed. Energy Regulatory Comm'n
  773 F.2d 1056· 9th Cir.· 1985-10-10 ·cited 9×
  The court affirmed the FERC's decisions regarding rate-making adjustments for a utility's sale of tax benefits and normalization of investment tax credits, deferring to the agency's expertise.
• Sec'y OF Dep't OF Labor v. King
  775 F.2d 666· 6th Cir.· 1985-08-19 ·cited 9×·via Abuse Of Discretion Standard For Attorney'S Fees
  The court held that the district court did not err in allowing the Bank to intervene under Rule 24(b)(2) and in awarding attorney's fees under ERISA.
• Occidental Eng'g Co. v. Immigr. & Naturalization Serv.
  753 F.2d 766· 9th Cir.· 1985-02-11 ·cited 9×
  The court held that the district court correctly applied the abuse of discretion standard of review to the INS's decision and that the INS did not abuse its discretion in denying the petition for reclassification.
• Dinorah Berberena v. Coler
  753 F.2d 629· 7th Cir.· 1985-01-31 ·cited 9×
  The dissenting judge believes the district court erred in granting the full attorney fee request without a more thorough analysis and evidentiary hearing.
• Alton Ray Thomas v. State
  461 So. 2d 234· Fla. 1st DCA· 1984-12-20 ·cited 9×
  Thomas appeals his 48-month concurrent sentences for burglary and grand theft, arguing the trial court's reasons for departing upward from the sentencing guidelines were not clear and convincing. The appellate court agreed, vacated the sentences, and remanded for resentencing wit
• Kontoulas v. A.H. Robins Co., Inc.
  745 F.2d 312· 4th Cir.· 1984-10-03 ·cited 9×
  The court affirmed the district court's denial of motions to dismiss for improper venue and forum non conveniens, finding that the defendants failed to meet their burden of showing an adequate alternative forum.
• In re Gen. Tire & Rubber Co. Sec. Litig. John J. Pearl & Curtis R. Pearl (82-3129) v. The Gen. Tire & Rubber Co.
  726 F.2d 1075· 6th Cir.· 1984-01-13 ·cited 9×
  The district court did not abuse its discretion in approving the settlement of derivative suits where independent outside directors, acting through a special litigation committee and advised by independent counsel, determined that dismissal was in the corporation's best interests
• H & U Foods, Inc. v. Gale Ellison
  439 So. 2d 923· Fla. 4th DCA· 1983-10-05 ·cited 9×
  McDonald's appeals the trial court's grant of a new trial in a premises liability case where a customer fell on a trash bag in the restaurant. The appellate court reversed, holding that the jury verdict for the defendant was supported by sufficient evidence and that the trial cou
• Med. Ctr. AT Bowling Green v. Nat'l Labor Relations Bd.
  712 F.2d 1091· 6th Cir.· 1983-08-04 ·cited 9×
  The court held that the National Labor Relations Board did not abuse its discretion in allowing unit directors to vote subject to challenge and in certifying the union, as the hospital failed to demonstrate substantial issues warranting a hearing or overturning the election.
• Zimmerman v. Cont'l Airlines, Inc.
  712 F.2d 55· 3d Cir.· 1983-07-11 ·cited 9×
  The Bankruptcy Reform Act impliedly modifies the Arbitration Act, granting bankruptcy judges discretion to stay proceedings pending arbitration, and this discretion was not abused in this case.
• Ammons v. Baldwin
  705 F.2d 1445· 5th Cir.· 1983-05-31 ·cited 9×
  The court held that while a judge's threat of physical harm is not protected by judicial immunity, the plaintiff's claim failed because the alleged threat did not rise to the level of injury required for federal jurisdiction.
• In re E. Sugar Antitrust Litig. Pantry Pride, Inc. v. Finley
  697 F.2d 524· 3d Cir.· 1982-12-30 ·cited 9×
  The court held that attorneys had a duty to disclose merger negotiations to the court to avoid the appearance of impropriety, and that the district court abused its discretion by failing to consider this appearance.
• In re Corrugated Container Antitrust Litig. Anchor Hocking Corp. v. ST. JOE Container Co.
  687 F.2d 52· 5th Cir.· 1982-09-13 ·cited 9×
  The court held that the district court did not abuse its discretion in ordering the release of certain grand jury transcripts to opt-out plaintiffs, as the need for disclosure outweighed the need for secrecy.