Abuse Of Discretion (Standard Of Review)

12,337 Florida cases classified under this topic, plus 1,658 listed through its narrower topics · sorted by citation count · see the citation graph · browse and sort

• United States v. Greig
  967 F.2d 1018· 5th Cir.· 1992-07-23 ·cited 8×·via Abuse Of Discretion Standard For Jury Instructions
  The court held that the trial court erred by failing to conduct a Garcia hearing when it was aware of an actual conflict of interest involving Greig's counsel, which adversely affected counsel's performance, thus violating Greig's Sixth Amendment right to effective assistance of
• Navarro-Ayala v. Nunez
  968 F.2d 1421· 1st Cir.· 1992-07-13 ·cited 8×
  The court held that while a Rule 11 violation occurred, the $20,000 sanction was disproportionate and reduced it to $6,500.
• Nikola Akrap v. Immigr. & Naturalization Serv.
  966 F.2d 267· 7th Cir.· 1992-06-26 ·cited 8×
  The court held that it lacked jurisdiction to review the denial of a stay of deportation or the denial of a motion to reopen deportation proceedings. The court affirmed the Board of Immigration Appeals' denial of a waiver of deportability, finding no abuse of discretion.
• Ashby v. Immigr. & Naturalization Serv.
  961 F.2d 555· 5th Cir.· 1992-05-29 ·cited 8×
  The Board of Immigration Appeals did not abuse its discretion in denying Michael Ashby a waiver of deportation under section 212(c) of the Immigration and Nationality Act.
• United States v. Tilley
  964 F.2d 66· 1st Cir.· 1992-05-15 ·cited 8×
  The court held that the district court did not err in denying the motion to withdraw the guilty plea, nor did it abuse its discretion in departing upward from the sentencing guidelines.
• COX v. Mid-America Dairymen, Inc.
  965 F.2d 569· 8th Cir.· 1992-05-11 ·cited 8×
• United States v. Wilson
  962 F.2d 621· 7th Cir.· 1992-05-01 ·cited 8×
  The court affirmed the conviction but vacated the sentence and remanded for resentencing due to an ex post facto violation in applying an amended statute.
• United States v. Justina Martinez-Gonzalez
  962 F.2d 874· 9th Cir.· 1992-04-20 ·cited 8×
  The court held that the district court did not err in departing upward from the Sentencing Guidelines based on the sophistication of the smuggling organization and the large number of aliens involved, nor in denying a downward adjustment for acceptance of responsibility.
• United States v. Williams
  957 F.2d 1238· 5th Cir.· 1992-04-01 ·cited 8×
  The court held that while the district court erred in admitting drug courier profile testimony and evidence of a marijuana cigarette, these errors were harmless due to overwhelming evidence of guilt.
• In the Interest of S.M.B. and S.B.
  597 So. 2d 848· Fla. 1st DCA· 1992-03-30 ·cited 8×
  In a juvenile dependency case, the First District Court of Appeal reversed the trial court's adjudication of two children as dependent, holding that the trial court abused its discretion by repeatedly denying the mother's requests to have the children examined and evaluated by he
• Disabled Am. Veterans v. United States Dep't OF Veterans Affairs
  962 F.2d 136· 2d Cir.· 1992-03-19 ·cited 8×
  The court held that 38 U.S.C. § 3205 survives rational basis scrutiny under the Equal Protection Clause, as it reasonably furthers legitimate governmental interests in deficit reduction, preventing remote heir inheritance, and limiting fiduciary abuse. The court also held that th
• Tyson v. Jones & Laughlin Steel Corp.
  958 F.2d 756· 7th Cir.· 1992-03-02 ·cited 8×
  The court affirmed the district court's judgment, finding the appeal frivolous and awarding sanctions against the appellant's counsel.
• United States v. Bennett
  956 F.2d 1476· 8th Cir.· 1992-02-25 ·cited 8×·via Abuse Of Discretion Standard For Trial Court Rulings
  The court held that the trial court erred in granting a judgment of acquittal on the conspiracy count, and that the evidence was sufficient to support the jury's verdicts on the drug possession and firearm charges.
• The Nat'l Wildlife Fed'n v. The Agric. Stabilization & Conservation Serv.
  955 F.2d 1199· 8th Cir.· 1992-02-05 ·cited 8×·via Arbitrary, Capricious, Or Abuse Of Discretion Standard
  The court vacated the district court's judgment and remanded the case because subsequent amendments to the relevant statutes provided for a good-faith exemption and graduated sanctions, which required reconsideration by the Secretary of Agriculture.
• Nidia Gutierrez-Rogue v. Immigr. & Naturalization Serv.
  954 F.2d 769· D.C. Cir.· 1992-02-04 ·cited 8×
  The court held that the petitioner's due process claim was premature because the administrative reopening procedure provides an adequate opportunity to challenge facts officially noticed by the Board of Immigration Appeals.
• Tex. PIG Stands, Inc. v. Hard Rock Cafe Int'l, Inc.
  951 F.2d 684· 5th Cir.· 1992-01-29 ·cited 8×·via Abuse Of Discretion Standard For Attorney'S Fees
  The term "pig sandwich" is a protectable descriptive mark capable of registration and trademark protection when it has acquired secondary meaning in the minds of consumers. Although Hard Rock willfully infringed TPS's mark, the trial court properly reversed the jury's finding of
• Burda v. M. Ecker Co.
  954 F.2d 434· 7th Cir.· 1992-01-21 ·cited 8×
  The court held that the worker's claim challenging federal tax withholding was properly removed to federal court and dismissed for failure to state a claim, but remanded the issue of sanctions for reconsideration.
• United States v. Logan
  949 F.2d 1370· 5th Cir.· 1991-12-20 ·cited 8×
  The court affirmed the convictions of Logan and Stanley, finding no reversible error in the admission of evidence or the application of legal standards.
• United States v. Angelica
  951 F.2d 1007· 9th Cir.· 1991-12-06 ·cited 8×
  The court held that restitution under the VWPA cannot be ordered for acts not underlying the offense of conviction, and that interest and penalties for past due restitution cannot be assessed for offenses committed before the relevant statutory amendment.
• Deckard v. Deckard
  590 So. 2d 35· Fla. 4th DCA· 1991-12-04 ·cited 8×
  The court held that the rehabilitative alimony award was not an abuse of discretion, but the award of attorney's fees was based on an error of law.
• In re PAN Am. Corp. v. PAN Am. World Airways, Inc.
  950 F.2d 839· 2d Cir.· 1991-12-03 ·cited 8×
  The court held that the district court erred in abstaining from transferring the Coker actions because its reasoning was based on inappropriate considerations, but affirmed the abstention for the Rosenkranz action.
• James A. Cummings Inc. v. Larson
  588 So. 2d 1066· Fla. 4th DCA· 1991-11-13 ·cited 8×
  A passenger has no duty to warn a driver of excessive speed unless the passenger knows or should know the vehicle is being operated unsafely and has sufficient time and opportunity to warn or protest. Trial courts have discretion to refuse consideration of evidence presented for
• Eastman Kodak Co. v. Westway Motor Freight, Inc.
  949 F.2d 317· 10th Cir.· 1991-11-12 ·cited 8×
  The court held that the market value rule was the proper measure of damages for destroyed film under the Interstate Commerce Act, and that the carrier failed to prove special reasons or mitigation failures to justify deviation from this rule.
• United States v. Fawbush
  946 F.2d 584· 8th Cir.· 1991-10-07 ·cited 8×
  The court held that the district court erred in departing upward from the sentencing guidelines based on psychological injury and victim age, as these factors were either not sufficiently proven or already accounted for in the guidelines.
• Mariani-Giron v. Heriberto Acevedo-Ruiz
  945 F.2d 1· 1st Cir.· 1991-09-11 ·cited 8×
  The court held that the trial court did not abuse its discretion in denying the plaintiffs' motion to alter or amend the judgment of dismissal, as the plaintiffs failed to respond to a show cause order and did not properly appeal the underlying judgment.
• United States v. Cooper
  942 F.2d 1200· 7th Cir.· 1991-09-11 ·cited 8×
  The court held that the defendants' convictions and sentences were supported by sufficient evidence and proper legal reasoning, affirming the district court's decisions.
• Charla Branch-Hines v. Hebert
  939 F.2d 1311· 5th Cir.· 1991-09-03 ·cited 8×
  The court held that the exclusion of plaintiff's testimony regarding emotional distress was an abuse of discretion and plain error, and that the jury's award of damages below the stipulated back pay amount was an abuse of discretion.
• United States v. Stevenson
  942 F.2d 1111· 7th Cir.· 1991-08-30 ·cited 8×·via Abuse Of Discretion Standard For Sentencing
  The court held that the evidence was sufficient to support a single conspiracy conviction for Gary Stevenson and that the evidentiary rulings and sentences for Gary Stevenson, Barry Stevenson, and Ronald Vesper were not abuses of discretion.
• Malvin W. Brubaker v. City OF Richmond
  943 F.2d 1363· 4th Cir.· 1991-08-08 ·cited 8×
  The court affirmed the district court's imposition of Rule 11 sanctions, finding that the plaintiffs' claims were not well-grounded in fact or warranted by existing law after reasonable inquiry.
• United States v. Plummer
  941 F.2d 799· 9th Cir.· 1991-08-01 ·cited 8×
  The court held that the informal immunity agreement granted the appellant use and derivative use immunity, not just direct use immunity.
• Burlington N. R.R. Co. v. Crow Tribal Council
  940 F.2d 1239· 9th Cir.· 1991-07-26 ·cited 8×
  The court held that Burlington Northern Railroad was required to exhaust tribal remedies, both administrative and judicial, before pursuing its claims in federal court.
• Weekley v. State
  584 So. 2d 78· Fla. 3d DCA· 1991-07-23 ·cited 8×
  Jeffrey Weekley appeals his resentencing for sexual battery, kidnapping, and aggravated battery convictions. The court affirms the trial court's valid reasons for departing from sentencing guidelines but reverses the resentencing because the harsher consecutive sentences imposed
• Leffler v. Meer
  936 F.2d 981· 7th Cir.· 1991-07-12 ·cited 8×
  The court held that the district court did not abuse its discretion in reducing the plaintiffs' attorney's fees and denying Rule 11 sanctions, but vacated and remanded the award of attorney's fees to the Commissioners.
• Jones v. State
  582 So. 2d 110· Fla. 3d DCA· 1991-07-02 ·cited 8×
  Tony Jones appeals his conviction for six counts of sexual battery on his minor daughter, arguing that trial judge misconduct and admission of hearsay testimony denied him a fair trial. The Florida Third District Court of Appeal affirmed the conviction, finding that the alleged j
• Jennifer and Monica Osei-Afriyie v. The Med. Coll. OF Pa. & Stull
  937 F.2d 876· 3d Cir.· 1991-07-01 ·cited 8×
  A non-attorney parent cannot represent minor children in federal court; the children's claims are vacated and remanded for potential appointment of counsel or dismissal. The parent's own claims are affirmed as time-barred.
• Kuharsky v. Kuharsky
  582 So. 2d 78· Fla. 4th DCA· 1991-06-19 ·cited 8×
  In this dissolution of marriage appeal, the Fourth District Court of Appeal affirmed the trial court's award of lump-sum alimony to the wife through sale proceeds of the marital residence, but reversed and remanded portions concerning reimbursement of medical therapist bills and
• Harrell v. 20TH Century Ins. Co.
  934 F.2d 203· 9th Cir.· 1991-05-23 ·cited 8×
  The court held that the district court did not abuse its discretion in retaining jurisdiction over pendent state claims and that the fraud claim was time-barred, but the breach of good faith claim was not.
• Am. Emp'rs Ins. Co. v. S. Seeding Servs., Inc.
  931 F.2d 1453· 11th Cir.· 1991-05-22 ·cited 8×
  The court affirmed the compensatory damages award but remanded the punitive damages award for further review by the district court.
• Gilmere v. City OF Atlanta
  931 F.2d 811· 11th Cir.· 1991-05-17 ·cited 8×
  The court held that the district court abused its discretion by failing to provide adequate reasoning for its attorney's fee and cost awards, necessitating a remand for further explanation.
• United States v. R.W. Meyer, Inc.
  932 F.2d 568· 6th Cir.· 1991-05-09 ·cited 8×
  The court held that a district court's factual findings are reviewed for clear error, while its allocation of CERCLA response costs based on equitable factors is reviewed for abuse of discretion. Meyer's landowner status and actions were permissible considerations in allocating c
• United States v. Kindred
  931 F.2d 609· 9th Cir.· 1991-04-30 ·cited 8×
  The court held that the jury instruction was erroneous because it only required the government to prove the defendant knew he possessed a 'gun,' rather than knowing he possessed a dangerous device likely subject to regulation.
• Hulsey v. State OF Tex.
  929 F.2d 168· 5th Cir.· 1991-04-19 ·cited 8×
  The court held that the district court did not err in dismissing claims against the State for improper service and granting summary judgment for the City and officer, as the plaintiff failed to raise genuine issues of material fact.
• United States v. Guglielmi
  929 F.2d 1001· 4th Cir.· 1991-04-11 ·cited 8×
  A district court abuses its discretion in denying a Rule 35(b) motion for sentence reduction when it fails to meaningfully balance the nature and character of the offense against the defendant's personal circumstances, prior record, and mitigating factors, instead focusing overwh
• Confederated Tribes OF the Chehalis Indian Reservation v. Lujan
  928 F.2d 1496· 9th Cir.· 1991-04-03 ·cited 8×
  The Quinault Indian Nation is an indispensable party to an action by affiliated tribes and individual members challenging the Quinault Nation's exclusive governing authority over the reservation, and because the Quinault Nation is immune from suit and cannot be joined, the action
• United States v. Davis
  929 F.2d 554· 10th Cir.· 1991-03-29 ·cited 8×·via Abuse Of Discretion Standard For Evidentiary Rulings
  The court held that the district court did not err in its rulings regarding the admissibility of prior convictions, duplicate tapes, transcripts, jury instructions, or the interpretation of 21 U.S.C. § 843(b), and affirmed the conviction.
• Ullyses Scott Grant v. State
  577 So. 2d 625· Fla. 1st DCA· 1991-03-26 ·cited 8×
  A trial court does not abuse its discretion in admitting, as proper rebuttal evidence, testimony from another child victim describing sexual abuse by the defendant when the incidents share common characteristics (similar age, family relationship, similar conduct, same location),
• Gottfried v. Sheet Metal Workers' Int'l Ass'n
  927 F.2d 926· 6th Cir.· 1991-03-14 ·cited 8×
  The court held that the district court abused its discretion by failing to find reasonable cause to believe an unfair labor practice occurred and that injunctive relief was just and proper.
• Farias v. Bexar Cnty. Bd. OF Trs. FOR Mental Health Mental Retardation Servs.
  925 F.2d 866· 5th Cir.· 1991-03-11 ·cited 8×
  The court held that the district court's denial of a jury trial motion was not reviewable because the order was too opaque and failed to demonstrate the exercise of discretion under Rule 39(b).
• Marisa A. Soderstrum v. Town OF Grand Isle
  925 F.2d 135· 5th Cir.· 1991-03-06 ·cited 8×
  The court held that the plaintiff received due process and that her First Amendment rights were not violated because her position as secretary to the police chief was confidential and required political loyalty.
• RUM Creek Coal Sales v. Honorable W. Gaston Caperton
  926 F.2d 353· 4th Cir.· 1991-02-25 ·cited 8×
  The court held that the district court erred in denying a preliminary injunction based on its misapprehension of the law regarding the Trespass Statute's proviso, and reversed the denial.