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. Gray
  730 F.2d 733· 11th Cir.· 1984-04-23 ·cited 8×
  The court held that a prosecutor's good-faith opening statement remark, even if later excluded, does not constitute reversible error if made with a reasonable belief in admissibility. It also held that limiting cross-examination on collateral matters is within the trial judge's d
• Gordy v. Merit Sys. Prot. Bd.
  736 F.2d 1505· Fed. Cir.· 1984-03-23 ·cited 8×
  The court held that the appeal to the Merit Systems Protection Board was untimely filed, and the Board did not abuse its discretion in denying a waiver of the time limit.
• Crosby v. Fleming & Sons, Inc.
  447 So. 2d 347· Fla. 1st DCA· 1984-03-02 ·cited 8×
  The appellate court struck the remittitur, affirmed the new trial order, and found no abuse of discretion in granting the new trial.
• Envirotech Corp. & Chemico Air Pollution Control Corp. v. Bethlehem Steel Corp.
  729 F.2d 70· 2d Cir.· 1984-02-17 ·cited 8×
  The court held that Envirotech was an indispensable party to Bethlehem's counterclaim, and thus the counterclaim was properly dismissed for lack of diversity jurisdiction.
• Tallulah Morgan v. McDONOUGH
  726 F.2d 11· 1st Cir.· 1984-01-30 ·cited 8×
  The court held that the district court did not abuse its discretion in dismissing BHSA as an intervening party, as BHSA no longer met the requirements for intervention of right and its dismissal was not improperly motivated.
• Philippine Nat'l OIL Co. v. The Garrett Corp.
  724 F.2d 803· 9th Cir.· 1984-01-24 ·cited 8×·via Abuse Of Discretion Standard For New Trial Motions
  The court held that PNOC waived its right to object to the jury's no-damages verdict by failing to raise the issue at the time of the verdict's reading, and that the jury instructions regarding the limited warranty were not erroneous or were waived.
• United States v. Burton
  724 F.2d 1283· 7th Cir.· 1984-01-06 ·cited 8×
  The court held that the trial court did not abuse its discretion in denying the motion to sever, nor in denying the motion to suppress the taped conversations, and that the modified missing witness instruction and prosecutor's argument did not constitute reversible error.
• Stelk v. Stelk
  442 So. 2d 351· Fla. 1st DCA· 1983-12-08 ·cited 8×
  The trial court did not abuse its discretion in awarding the marital home to the wife as lump sum alimony, awarding her custody of the minor child, and ordering the husband to pay her attorney's fees and costs. The award was equitable under Florida law because the husband's busin
• Owen v. BAY Mem'l Med. Ctr.
  443 So. 2d 128· Fla. 1st DCA· 1983-12-02 ·cited 8×
  A medical malpractice plaintiff appeals a trial court order granting defendants a new trial due to juror misconduct, while defendants cross-appeal the denial of their directed verdict motions. The appellate court affirms, upholding the trial judge's discretion to grant a new tria
• United States v. Int'l Harvester Co.
  720 F.2d 418· 5th Cir.· 1983-11-28 ·cited 8×
  The court held that the trial court did not abuse its discretion in refusing to expunge McLean's name from a criminal information because he was named but not charged, as he was already indicted and charged in a related case, providing him an opportunity to defend.
• Barnes v. Wyrick
  719 F.2d 962· 8th Cir.· 1983-10-28 ·cited 8×·via Abuse Of Discretion Standard For New Trial Motions
  The court affirmed the jury verdict in favor of the defendants, finding no merit in the inmate's claims.
• McCLASKEY v. United States Dep't OF Energy
  720 F.2d 583· 9th Cir.· 1983-10-18 ·cited 8×
  An agency may discharge an employee for deliberately participating in a cover-up of misconduct by co-employees, even if the employee did not participate in the original wrongdoing and the cover-up attempt was unsuccessful, when the employee's position involves delegated purchasin
• Aronovitz v. Aronovitz
  439 So. 2d 330· Fla. 3d DCA· 1983-10-18 ·cited 8×
• Badham v. United States Dist. Court FOR the N. Dist. OF Cal.
  721 F.2d 1170· 9th Cir.· 1983-09-26 ·cited 8×
  The court affirmed the district court's decision to abstain, holding that the Pullman abstention doctrine was appropriately applied given the sensitive state law issues and the potential for their resolution to obviate federal constitutional questions, while also noting the distr
• Carlo Torimino v. United Food & Commercial Workers Int'l Union
  712 F.2d 882· 8th Cir.· 1983-08-09 ·cited 8×
  The court held that the district court did not err in affirming the Pension Fund's decision to deny disability benefits.
• Sutherland v. ITT Cont'l Baking Co., Inc.
  710 F.2d 473· 8th Cir.· 1983-06-29 ·cited 8×
  The court held that the denial of the motion to reinstate the complaint was not an abuse of discretion, as the attorney's failure to appear was due to carelessness, not excusable neglect.
• Miami Beach Texaco, Inc. v. Price
  433 So. 2d 1227· Fla. 3d DCA· 1983-06-14 ·cited 8×
  In this personal injury and property damage case, the trial court granted a new trial to the plaintiffs/cross-plaintiffs after a jury verdict favored the defendants, finding that defense counsel's closing argument violated the "golden rule" by improperly suggesting jurors would b
• Conn. Res. Recovery Auth. v. Occidental Petroleum Corp.
  705 F.2d 31· 2d Cir.· 1983-04-06 ·cited 8×
  The court held that a request for injunctive enforcement of a contract's status quo provision pending arbitration requires a demonstration of supporting equitable factors, such as the absence of an adequate remedy at law or a danger of irreparable harm.
• Magic Valley Potato Shippers, Inc. v. The Sec'y OF Agric.
  702 F.2d 840· 9th Cir.· 1983-04-01 ·cited 8×·via Abuse Of Discretion Standard For Sanctions
  The court affirmed the Secretary of Agriculture's decision that Magic Valley misbranded potatoes and upheld the thirty-day license suspension, finding the regulations clear and the penalty justified.
• Olson Motor Co. v. Gen. Motors Corp.
  703 F.2d 284· 8th Cir.· 1983-03-28 ·cited 8×
  A release of a principal also releases its agent when the agent's liability is solely derived from its agency relationship, and not from independent wrongdoing.
• Gosnell v. Sec'y OF Health & Human Servs.
  703 F.2d 216· 6th Cir.· 1983-03-25 ·cited 8×·via Abuse Of Agency Discretion
  The Secretary's refusal to reopen disability applications does not violate due process merely because the agency cannot locate the original files; the Constitution does not require perpetual record retention, and claimants bear the burden of proving error on the face of the evide
• Larsen v. Larsen
  429 So. 2d 725· Fla. 3d DCA· 1983-03-22 ·cited 8×
  In a marriage dissolution case, the appellate court reviewed the trial court's assessment of attorney's fees and costs awarded pursuant to a settlement agreement. The court reversed the award as inadequate, finding that the $14,000 fee for the wife's Minnesota attorney was unreas
• United States v. Vague
  697 F.2d 805· 7th Cir.· 1983-01-18 ·cited 8×
  The dissenting judge believes the trial judge acted within his discretion in supervising attorney conduct and fees, and that his actions should be affirmed.
• United States v. Marquardt
  695 F.2d 1300· 11th Cir.· 1983-01-17 ·cited 8×·via Abuse Of Discretion Standard For Continuance
  The court held that the trial court did not err in denying a continuance, admitting other crimes evidence, or refusing a pretrial hearing for coconspirator statements, and affirmed the convictions.
• Ervin v. Wilkinson
  701 F.2d 59· 7th Cir.· 1983-01-13 ·cited 8×
  The court held that the district court abused its discretion by denying the Rule 60(b) motion without a hearing, as Ervin's undenied allegations of misrepresentation and breach of contract warranted further consideration.
• Nat'l Labor Relations Bd. v. G.H.R. Energy Corp.
  707 F.2d 110· 4th Cir.· 1982-10-07 ·cited 8×
  The court held that the district court did not abuse its discretion in enforcing the National Labor Relations Board's subpoenas duces tecum and ad testificandum.
• Brassette v. Burlington N. Inc.
  687 F.2d 153· 8th Cir.· 1982-09-13 ·cited 8×·via Abuse Of Discretion Standard For Expert Testimony
  The court affirmed the district court's judgment, finding no error in its refusal to instruct on indemnity or contribution, and that any error in failing to submit a breach-of-warranty claim was not prejudicial. The court also affirmed the exclusion of expert testimony.
• Voktas, Inc. v. Cent. Soya Co., Inc.
  689 F.2d 103· 7th Cir.· 1982-09-01 ·cited 8×
  The court held that the federal magistrate did not abuse his discretion in denying a motion to stay federal proceedings pending the outcome of a parallel state court action, as the federal court has a strong obligation to exercise its jurisdiction.
• Aviation Data Serv. v. Fed. Aviation Admin.
  687 F.2d 1319· 10th Cir.· 1982-08-04 ·cited 8×
  The court held that a commercial entity seeking information under FOIA is generally not entitled to attorney fees unless there is a clear and positive public benefit from the disclosure or the government withheld the information without any reasonable or colorable basis in law.
• Jack Thompson Oldsmobile, Inc. v. Nat'l Labor Relations Bd.
  684 F.2d 458· 7th Cir.· 1982-07-07 ·cited 8×·via Abuse Of Administrative Discretion
  The court held that the Board abused its discretion by failing to consider the collective bargaining agreement's impact on the employer's commission enforcement policy and by not determining if the turnover rule was a valid precondition to commission. The court also found the con
• Sorrell v. Sec. & Exch. Comm'n
  679 F.2d 1323· 9th Cir.· 1982-06-24 ·cited 8×·via Abuse Of Discretion Standard For Sanctions
  The court affirmed the SEC's decision, holding that the NASD's authorization does not constitute an unconstitutional delegation of power, its rules are not void for vagueness, and the sanctions imposed were not excessive or an abuse of discretion.
• United States v. Garrett
  680 F.2d 64· 9th Cir.· 1982-06-22 ·cited 8×
  The court held that the trial court did not abuse its discretion in denying the motion to withdraw a guilty plea.
• M. B. A. F. B. Fed. Credit Union v. Cumis Ins. Soc'y, Inc.
  681 F.2d 930· 4th Cir.· 1982-06-17 ·cited 8×·via Abuse Of Discretion Standard For Evidentiary Rulings
  The phrase "to well and faithfully perform his duties" in an employee fidelity bond covers negligent performance, not merely fraud or dishonesty. An employee's failure to exercise reasonable skill and diligence in performing duties constitutes a breach of the duty to perform well
• Lowell G. Ferguson v. Nat'l Transp. Safety Bd. & Longhorne M. Bond
  678 F.2d 821· 9th Cir.· 1982-06-02 ·cited 8×
  The court held that the NTSB did not abuse its discretion in interpreting the Aviation Safety Reporting Program's "inadvertent and not deliberate" provision to exclude reckless conduct, nor in concluding that the pilot's actions were reckless under Federal Aviation Regulation § 9
• Kalinosky v. State
  414 So. 2d 234· Fla. 4th DCA· 1982-05-05 ·cited 8×
  Kalinosky and Woodall were convicted of trafficking in cannabis and appealed on multiple grounds, including challenges to the trial court's handling of marijuana evidence in the courtroom, voir dire examination limitations, and the constitutionality of the drug trafficking statut
• Se. Aluminum Supply Corp. v. Plastics N. Am., Inc.
  413 So. 2d 440· Fla. 3d DCA· 1982-05-04 ·cited 8×
  Southeast Aluminum Supply Corp. appealed the trial court's denial of its demand for jury trial filed fourteen days before trial. The Florida appellate court held that the trial court did not abuse its discretion in denying the jury demand where the defendant had not requested jur
• United States v. Riewe
  676 F.2d 418· 10th Cir.· 1982-04-22 ·cited 8×
  The court held that imposing civil contempt and imprisonment was an abuse of discretion when the court order was solely to afford the taxpayer an opportunity to show why an IRS summons should not be enforced.
• Spaulding v. Univ. OF Wash.
  676 F.2d 1232· 9th Cir.· 1982-04-13 ·cited 8×
  The University of Washington should be held liable for the cost of the transcript because it represented that reimbursement would be available if the appellants prevailed on their interlocutory appeal.
• Joseph v. Landon
  679 F.2d 113· 7th Cir.· 1982-03-22 ·cited 8×
  The court held that the INS had good and sufficient cause to revoke the visa petition based on fraudulent documentation and that the district court correctly limited its review to the administrative record.
• W. Union Tel. Co. v. Fed. Commc'ns Comm'n & United States
  674 F.2d 160· 2d Cir.· 1982-03-12 ·cited 8×
  The Federal Communications Commission's order permitting international record carriers to detariff their terminal equipment offerings was not arbitrary or capricious, as it was a rational decision based on relevant factors and a logical progression of prior regulatory actions.
• United States v. Spiesz
  689 F.2d 1326· 9th Cir.· 1982-03-04 ·cited 8×
  The court held that the district court did not err in denying the motion to dismiss the superseding indictments, finding that the government had sufficiently rebutted the appearance of vindictive prosecution.
• Nan G. Brown v. Brown
  409 So. 2d 1133· Fla. 4th DCA· 1982-02-10 ·cited 8×
  In a child custody dispute following divorce, the Florida Fourth District Court of Appeal addresses the conflict between the principle of keeping siblings together and the tender years doctrine (which favors mothers for very young children). The court holds that while non-separat
• Powell v. Merrimack Mut. Fire Ins. Co.
  667 F.2d 26· 11th Cir.· 1982-02-01 ·cited 8×
  The court held that the trial court did not err in denying the homeowner's motion for a new trial, as there was sufficient evidence to support the jury's verdict denying recovery for fire loss.
• Garman v. Griffin
  666 F.2d 1156· 8th Cir.· 1981-12-11 ·cited 8×
  The court held that admitting a portion of the plaintiffs' amended complaint into evidence was not unfairly prejudicial and was supported by precedent.
• Wright v. Dallas Cnty. Sheriff Dep't
  660 F.2d 623· 5th Cir.· 1981-11-05 ·cited 8×
  The court held that the record was inadequate to determine if the district court abused its discretion in dismissing the case with prejudice or in refusing to appoint counsel.
• United States v. Martorano
  663 F.2d 1113· 1st Cir.· 1981-10-30 ·cited 8×
  The court held that the newly discovered evidence presented by the appellants was either not material, merely impeaching, or insufficient to create a reasonable doubt, and therefore did not warrant a new trial.
• Knight-Ridder Newspapers, Inc. v. Blanca Nieve Sosa for the Estate of Jose Lanza
  407 So. 2d 916· Fla. 3d DCA· 1981-10-20 ·cited 8×·via Abuse Of Discretion Standard For New Trial Motions
  Knight-Ridder Newspapers appealed a trial court's grant of a new trial in a wrongful death action arising from the death of a 14-year-old news carrier. The appellate court affirmed, holding that the trial court properly granted a new trial because defense counsel argued to the ju
• United States v. Alley
  661 F.2d 718· 8th Cir.· 1981-10-20 ·cited 8×
  The court affirmed the conviction, holding that the trial court did not err in denying severance, mistrial motions, or a new trial based on insufficient evidence or newly discovered evidence.
• Sparks v. Hershey
  661 F.2d 30· 3d Cir.· 1981-10-05 ·cited 8×
  The court held that an order denying a motion to dismiss a third-party complaint is not a final order appealable under Rule 54(b), and that the district court abused its discretion in dismissing pendent state law claims without sufficient reasoned elaboration.
• SIG M. Glukstad, Inc. v. Lineas Aereas Nacional-Chile
  656 F.2d 976· 5th Cir.· 1981-09-21 ·cited 8×
  The court held that the district court did not abuse its discretion in dismissing the action as a sanction for failure to comply with discovery orders regarding the identity of an undisclosed principal.