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

• Irwin v. Irwin
  402 So. 2d 1353· Fla. 4th DCA· 1981-09-02 ·cited 8×
  The court affirmed the orders for temporary attorneys' fees and temporary support, finding no abuse of discretion and no proper objection to the fee assessment.
• Whitney v. Whitney
  402 So. 2d 1351· Fla. 4th DCA· 1981-09-02 ·cited 8×
  The appellate court affirmed the trial court's custody award, finding no abuse of discretion.
• United States v. Sellers
  658 F.2d 230· 4th Cir.· 1981-09-01 ·cited 8×·via Abuse Of Discretion Standard For Severance
  The court affirmed the convictions, finding no abuse of discretion in the trial court's denial of the defendant's motions for continuance, severance, and restrictions on cross-examination.
• In re Oesterle v. Oesterle
  651 F.2d 401· 5th Cir.· 1981-07-24 ·cited 8×
  The court affirmed the discharge in bankruptcy, holding that the lower courts did not abuse their discretion in finding the bankrupt's failure to maintain financial records justified under the circumstances.
• LOS Angeles Unified Sch. Dist. v. United States Dist. Court FOR the Cent. Dist. OF Cal.
  650 F.2d 1004· 9th Cir.· 1981-06-23 ·cited 8×
  The court held that the district court did not err in granting a temporary restraining order, as the plaintiffs raised serious questions on the merits and the balance of hardships tipped in their favor, and the Board's March 16 Order itself constituted de jure discrimination.
• Hawthorne v. State
  399 So. 2d 1088· Fla. 1st DCA· 1981-06-22 ·cited 8×
  James Hawthorne appeals his conviction for first-degree murder and armed robbery, receiving consecutive life sentences. The Florida District Court of Appeal affirms the conviction, rejecting challenges to juror qualification, prosecutorial conduct, and the admissibility of busine
• United States v. Alphonse Lewis, Jr.
  651 F.2d 1163· 6th Cir.· 1981-06-19 ·cited 8×
  The court held that the defendant waived objections to the agent's testimony by failing to object promptly, and the prosecutor's isolated remark in closing argument was not prejudicial.
• Dep't OF LAW Enf't v. Allen
  400 So. 2d 777· Fla. 1st DCA· 1981-06-09 ·cited 8×
  The court held that the Career Service Commission did not abuse its discretion in finding the Department of Law Enforcement failed to follow its own rules regarding employee reevaluation timelines.
• United States v. Wilson
  647 F.2d 534· 5th Cir.· 1981-06-08 ·cited 8×
  The court held that the jury's verdict on Count I was supported by sufficient evidence and that the trial court did not err in denying the appellant's motion for a bill of particulars.
• Marshall v. Boyd
  658 F.2d 552· 8th Cir.· 1981-05-18 ·cited 8×
  The court held that the district court abused its discretion in denying the motion to vacate the default judgment, as the circumstances warranted vacating the judgment.
• Ginter v. Internal Revenue Serv. & Dist. Dir.
  648 F.2d 469· 8th Cir.· 1981-05-04 ·cited 8×
  The court held that the district court did not abuse its discretion in denying attorney's fees because the appellant failed to show he substantially prevailed under the Freedom of Information Act.
• Wilson v. Thompson
  638 F.2d 799· 5th Cir.· 1981-03-02 ·cited 8×
  The court held that the district court did not abuse its discretion in denying a federal injunction against state criminal proceedings because the appellants failed to prove bad faith prosecution.
• United States v. Bryant
  640 F.2d 170· 8th Cir.· 1981-02-11 ·cited 8×
  The court held that the trial court did not abuse its discretion in denying the defendant's motion to withdraw his nolo contendere plea before sentencing, as the reasons provided were pretextual and not well-taken.
• Izhak Bahat v. Sureck
  637 F.2d 1315· 9th Cir.· 1981-01-30 ·cited 8×
  The court held that the INS abused its discretion by applying the Matter of Heitland standards to Bahat's application under the 1973 regulation without adequate notice, as Heitland improperly circumvented rulemaking procedures.
• Roberts v. Austin
  632 F.2d 1202· 5th Cir.· 1980-12-15 ·cited 8×
  The court held that Congress and the Department of Agriculture have precluded the type of verification procedure sought by the appellees.
• United States v. Miller
  634 F.2d 1134· 8th Cir.· 1980-12-01 ·cited 8×
  The court held that the trial court properly refused the defendant's requested jury instruction and properly excluded demonstrative evidence, affirming the conviction.
• Fred v. Cherry V. the United States
  640 F.2d 1184· Ct. Cl.· 1980-11-19 ·cited 8×
  The Missing Persons Act is constitutional and grants the Secretary of the Air Force broad discretion to disburse a missing serviceman's pay to dependents, but that discretion must be exercised fairly and without abuse. The Air Force abused its discretion in Cherry's case by appro
• Am. Fruit Purveyors, Inc. v. United States & Bob Bergland
  630 F.2d 370· 5th Cir.· 1980-11-13 ·cited 8×
  The court held that the Secretary of Agriculture's decision to suspend AFP's license for forty-four days was not arbitrary, capricious, or unwarranted in law or fact, and that AFP's violations were willful, negating the need for prior notice.
• United States v. Phillips
  630 F.2d 1138· 6th Cir.· 1980-09-29 ·cited 8×
  The court held that the trial court did not abuse its discretion in denying a continuance for the defendant's wife's testimony, as her availability, willingness to testify, and the favorability of her testimony were all uncertain.
• Transamerica Corp. & Transamerica Title Ins. Co. v. Transamerica Bancgrowth Corp.
  627 F.2d 963· 9th Cir.· 1980-09-11 ·cited 8×
  The court held that the district court did not abuse its discretion in entering a default judgment as a sanction for the defendant's failure to comply with discovery rules and pretrial procedures.
• United States v. Geders
  625 F.2d 31· 5th Cir.· 1980-08-27 ·cited 8×
  The court held that the district court did not abuse its discretion in denying the appellant's second motion for a new trial based on newly discovered evidence.
• Zaun v. Dobbin
  628 F.2d 990· 7th Cir.· 1980-07-22 ·cited 8×
  A district court may require a standardized financial affidavit detailing a petitioner's financial status to grant leave to proceed in forma pauperis under 28 U.S.C. § 1915.
• Alers v. The United States
  633 F.2d 559· Ct. Cl.· 1980-07-16 ·cited 8×·via Manifest Abuse Of Discretion
  The court held that the plaintiff's removal was proper because she intentionally falsified official government documents, and the Appeals Authority's decision was supported by substantial evidence, not arbitrary or capricious, and free from procedural irregularity.
• State v. Harris Haliburton
  385 So. 2d 11· Fla. 4th DCA· 1980-07-02 ·cited 8×·via Abuse Of Discretion Standard For New Trial Motions
  The State appealed a trial court's order granting a new trial to a defendant convicted of burglary. The appellate court held that the trial judge abused its discretion in finding the identification evidence insufficient and reversed, ordering reinstatement of the jury verdict.
• United States v. Longoria
  624 F.2d 66· 9th Cir.· 1980-05-05 ·cited 8×
  The court held that the district court did not err in denying the motion to suppress evidence obtained from stopping the taxicab, nor in admitting evidence of the defendant's prior conviction for transporting illegal aliens.
• United States v. Johnson
  614 F.2d 622· 8th Cir.· 1980-02-19 ·cited 8×
  The court held that the district court did not abuse its discretion in denying relief from the waiver of a pre-trial motion to suppress evidence.
• Harris v. Peabody
  611 F.2d 543· 5th Cir.· 1980-02-07 ·cited 8×
  The court held that the trial court did not abuse its discretion in finding the plaintiff an inadequate class representative after her individual claim became moot.
• Wash. Mobilization Comm. v. Burtell M. Jefferson
  617 F.2d 848· D.C. Cir.· 1980-02-06 ·cited 8×
  The court held that the district court did not abuse its discretion in denying the motion to reopen the record based on newly discovered evidence.
• Fifteen Thousand Eight Hundred AND Forty-Four Welfare Recipients v. King
  610 F.2d 32· 1st Cir.· 1979-12-06 ·cited 8×
  The denial of a preliminary injunction was not an abuse of discretion because the appellants failed to demonstrate a likelihood of success on the merits regarding their claims about the segregation of welfare fraud investigations and the right to counsel.
• Nadhum Shashoua, M.D. v. Quern
  612 F.2d 282· 7th Cir.· 1979-11-16 ·cited 8×·via Abuse Of Discretion Standard For Denying Leave To Amend
  The court held that the district court properly dismissed the complaint and denied leave to amend because the claims against the State were barred by the Eleventh Amendment or moot, and the claims against the individual defendant lacked allegations of personal involvement.
• Dir., Off. OF Workers' Comp. Programs, United States Dep't of Labor v. United States Steel Corp.
  606 F.2d 53· 3d Cir.· 1979-09-28 ·cited 8×
  The Benefits Review Board exceeded its scope of review by modifying an attorney's fee award instead of remanding to the ALJ for further factual findings.
• Carson v. Am. Brands, Inc.
  606 F.2d 420· 4th Cir.· 1979-09-14 ·cited 8×
  The court held that an order refusing to enter a consent decree in a Title VII class action is not immediately appealable under 28 U.S.C. § 1292(a)(1) as a denial of injunctive relief.
• Mass. Dep't OF Corr. v. LAW Enf't Assistance Admin.
  605 F.2d 21· 1st Cir.· 1979-09-13 ·cited 8×·via Arbitrary, Capricious, Or Abuse Of Discretion Standard
  The court held that the Law Enforcement Assistance Administration's (LEAA) denial of a discretionary grant to the Massachusetts Department of Correction (MDOC) was supported by substantial evidence and not arbitrary or capricious, despite some procedural irregularities in the rev
• Miller v. Miller
  371 So. 2d 565· Fla. 4th DCA· 1979-05-31 ·cited 8×
  In this dissolution of marriage appeal, the court affirmed a trial judge's split custody award dividing three children between the parents, despite the general legal preference for awarding custody of young children to the mother when both parents are fit. The appellate court def
• Atkins v. Scott
  597 F.2d 872· 4th Cir.· 1979-05-03 ·cited 8×·via Abuse Of Discretion Standard For Preliminary Injunctions
  The district court did not abuse its discretion in denying a preliminary injunction where the Board of Governors carefully evaluated racial impact, expert analysis supported locating the School of Veterinary Medicine at NCSU on educational and cost grounds, and the harm from dela
• Olitsky v. O'Malley
  597 F.2d 303· 1st Cir.· 1979-04-30 ·cited 8×
  The court held that the district court did not abuse its discretion in refusing to award attorney's fees to the defendants because the plaintiffs' civil rights action was not frivolous, unreasonable, or groundless.
• United States v. Gibbs
  594 F.2d 125· 5th Cir.· 1979-04-27 ·cited 8×
  The court held that the district court did not abuse its discretion in denying the motion for continuance and that the government was not required to present evidence on the substance of bankruptcy laws to the jury.
• Campbell "66" Express, Inc. v. Rundel
  597 F.2d 125· 8th Cir.· 1979-04-23 ·cited 8×
  The court held that the district court did not abuse its discretion in issuing a preliminary injunction against picketing that sought to circumvent a final and binding arbitration decision regarding an employee's discharge.
• Reeves R. Taylor and wife v. Fletcher Props., Inc.
  592 F.2d 244· 5th Cir.· 1979-03-29 ·cited 8×·via Abuse Of Discretion Standard For New Trial Motions
  The court held that substantial evidence supported the jury's verdict, and thus the trial court did not err in denying plaintiffs' motions for directed verdict or judgment notwithstanding the verdict.
• Barnum v. Nat'l Transp. Safety Bd.
  595 F.2d 869· D.C. Cir.· 1979-03-14 ·cited 8×
  The court held that the National Transportation Safety Board's 150-day suspension of a commercial pilot's certificate was not an abuse of discretion and was in accordance with law.
• Elton Brimberry and Estate of Norma Louise Brimberry v. Commissioner OF Internal Revenue
  588 F.2d 975· 5th Cir.· 1979-02-01 ·cited 8×
  The court held that the Commissioner did not abuse his discretion in disallowing partially worthless debt deductions because the taxpayer failed to demonstrate to the Commissioner's satisfaction that any portion of the debt was unrecoverable in the tax years in question.
• United States v. Cardarella
  588 F.2d 1204· 8th Cir.· 1978-12-18 ·cited 8×
  The court held that the trial judge did not abuse his discretion in denying a motion for a new trial without an evidentiary hearing based on the presented record.
• Farshy v. Kagan
  585 F.2d 749· 5th Cir.· 1978-12-07 ·cited 8×
  The court held that the district court did not abuse its discretion in denying a preliminary injunction because the plaintiff was unlikely to succeed on the merits and any harm could be remedied by back pay.
• James v. and Esther R. Cole
  586 F.2d 747· 9th Cir.· 1978-11-22 ·cited 8×
  The court held that the Commissioner did not abuse his discretion in disallowing prepaid interest deductions that materially distorted the taxpayers' income.
• KUN Young KIM v. Dist. Dir. OF the U. S. Immigr. & Naturalization Serv.
  586 F.2d 713· 9th Cir.· 1978-11-20 ·cited 8×
  The court held that the INS did not abuse its discretion in denying nonimmigrant treaty investor status because the applicant's investment in a drive-in restaurant was in a marginal enterprise solely for the purpose of earning a living, not a substantial investment.
• United States v. Celaya-Garcia
  583 F.2d 210· 5th Cir.· 1978-11-03 ·cited 8×
  The court held that the district court did not abuse its discretion in denying the defendant's motion to transfer the trial, admitting coconspirator statements, or admitting testimony about subsequent drug transactions.
• Goethel v. First Props. Int'l, Ltd.
  363 So. 2d 1117· Fla. 3d DCA· 1978-10-10 ·cited 8×
  Appellants Goethel and Sardinas appealed four interlocutory orders in a dispute with several corporations regarding alleged unpaid legal and accounting services. The appellate court affirmed the trial court's decisions to set aside default judgments, deny the appellants' stay mot
• Bastian v. Lakefront Realty Corp.
  581 F.2d 685· 7th Cir.· 1978-08-09 ·cited 8×·via Abuse Of Discretion Standard For Preliminary Injunctions
  The court held that Lakefront's stock was not required to be registered under Section 12(g)(1) because it was entitled to deregistration under Section 12(g)(4), thus Section 14(a) proxy rules did not apply. The denial of a preliminary injunction was also affirmed.
• Roberts v. Rehoboth Pharmacy, Inc.
  574 F.2d 846· 5th Cir.· 1978-06-08 ·cited 8×
  The court held that the district court abused its discretion in denying the plaintiff's motion to vacate the dismissal order.
• Hosbein v. Roslyn Silverstein
  358 So. 2d 43· Fla. 4th DCA· 1978-04-10 ·cited 8×
  In this wrongful death action arising from an automobile accident, the Florida Fourth District Court of Appeal reversed and remanded the trial court's judgment because the trial court improperly excluded expert engineering testimony regarding vehicle speed, reaction time, point o