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

• Murray v. State
  356 So. 2d 71· Fla. 1st DCA· 1978-03-16 ·cited 8×
• Provident Life & Accident Ins. Co. v. Lebo
  355 So. 2d 195· Fla. 3d DCA· 1978-02-21 ·cited 8×
  The court held that the trial court did not abuse its discretion in allowing a substitution of party plaintiff more than 90 days after a suggestion of death was filed.
• Herman v. Roosevelt Fed. Sav. & Loan Ass'n
  569 F.2d 1033· 8th Cir.· 1978-01-25 ·cited 8×·via Abuse Of Discretion Standard On Appeal
  The court affirmed the district court's findings regarding equal pay claims and the existence of a bona fide merit program, finding no clear error in the factual determinations.
• United States v. Wilhelm
  570 F.2d 461· 3d Cir.· 1978-01-23 ·cited 8×
  The Sixth Amendment does not grant a constitutional right to be represented by a lay person not admitted to the bar, and the district court did not abuse its discretion in denying such representation.
• Loran v. Carlton
  354 So. 2d 77· Fla. 1st DCA· 1977-11-23 ·cited 8×
  A real estate salesman's license suspension imposed by the Florida Real Estate Commission for actively concealing his personal interest in property may be reduced on appeal where the record demonstrates only technical violation without conscious effort to deceive, despite affirmi
• The Toro Co. & Toro Sales Co. v. The Honorable Donald D. Alsop
  565 F.2d 998· 8th Cir.· 1977-11-10 ·cited 8×
  The court held that the district court had the power to sever a count and transfer it, and that its action was not so arbitrary as to warrant mandamus review.
• United States v. Hough
  561 F.2d 594· 5th Cir.· 1977-10-19 ·cited 8×
  A defendant's sworn in-court admission that he believed a substance was a controlled narcotic provides unequivocal objective evidence of criminal intent sufficient to support a guilty plea, even where the substance was actually non-narcotic, and thus distinguishes the case from O
• REA Express, Inc. v. United States & Interstate Commerce Comm'n
  568 F.2d 940· 2d Cir.· 1977-09-16 ·cited 8×
  The court held that the Interstate Commerce Commission (ICC) did not act arbitrarily or capriciously in dismissing REA Express's application for permanent operating authority and revoking its temporary authority, nor did it abuse its discretion.
• Bayard W. Kennett v. DELTA AIR Lines, Inc.
  560 F.2d 456· 1st Cir.· 1977-07-28 ·cited 8×·via Manifest Abuse Of Discretion
  The court held that the jury's verdict was not excessive and that the trial court did not err in its jury instructions or its responses to jury questions, particularly regarding the exclusion of income taxes from damage calculations.
• Demaso v. Demaso
  345 So. 2d 391· Fla. 3d DCA· 1977-05-03 ·cited 8×
  The appellate court affirmed the child custody award to the father but reversed the award of attorney's fees to the mother.
• Moses v. Moses
  344 So. 2d 1322· Fla. 2d DCA· 1977-04-27 ·cited 8×
  The court held that the rehabilitative alimony award was inadequate to support the wife's pursuit of a nursing degree and remanded for an increase.
• Waldman v. Frankel
  343 So. 2d 1325· Fla. 3d DCA· 1977-03-29 ·cited 8×
  Defendants appealed an order denying their motions to dismiss a medical malpractice action for failure to prosecute. The court affirmed the trial judge's denial, holding that the plaintiffs' motion to compel answers to interrogatories constituted sufficient record activity and th
• Linbeck Constr. Corp. v. Int'l Ass'n OF Bridge
  547 F.2d 948· 5th Cir.· 1977-02-28 ·cited 8×·via Abuse Of Discretion Standard For Attorney'S Fees
  The court held that attorney fees and litigation expenses incurred in prosecuting an unfair labor practice charge are recoverable as damages under § 303 of the Labor Management Relations Act, even if work resumed during the proceedings.
• Barton T. McLEAN v. McLEAN
  340 So. 2d 493· Fla. 1st DCA· 1976-12-03 ·cited 8×
  Barton McLean appealed a trial court order denying his request for a continuance of a custody modification hearing, and the final order denying his modification petition. The court held that the trial court properly denied the continuance and could enter a final order denying the
• Palmer v. Stanford B. Palmer, Jr.
  338 So. 2d 86· Fla. 1st DCA· 1976-10-13 ·cited 8×
  In this dissolution of marriage appeal, the Florida District Court of Appeal reversed the trial court's alimony award, finding it was an abuse of discretion to award the wife only $10 per week alimony and only a portion of the homestead property after 35 years of marriage. The co
• Twiggs v. U. S. Small Bus. Admin.
  541 F.2d 150· 3d Cir.· 1976-08-31 ·cited 8×
  The court held that the district court erred by reviewing an incomplete administrative record and by applying the substantial evidence standard to a voluntary job transfer.
• Waste Mgmt., Inc. v. Deffenbaugh
  534 F.2d 126· 8th Cir.· 1976-04-28 ·cited 8×
  The court held that the district court did not abuse its discretion in dissolving the temporary restraining order because the appellant's failure to file registration statements constituted a material breach of the contract.
• S. C. Loveland Co., Inc. v. United States & Interstate Commerce Comm'n
  534 F.2d 958· D.C. Cir.· 1976-03-31 ·cited 8×
  The court held that the Interstate Commerce Commission abused its discretion in denying S. C. Loveland Co., Inc. leave to intervene because Loveland lacked adequate notice of the proceeding.
• Herzog v. Herzog
  330 So. 2d 116· Fla. 3d DCA· 1976-02-03 ·cited 8×·via Abuse Of Discretion Standard For Attorney'S Fees
  In this divorce appeal, the Florida District Court of Appeal reversed the trial court's award of the marital home to the wife and reduced the husband's obligation to pay attorneys fees. The court held that property conveyed into tenancy by the entireties is presumed a gift, and a
• Collins v. Sec. & Exch. Comm'n
  532 F.2d 584· 8th Cir.· 1976-01-23 ·cited 8×
  The Commission erred in holding as a matter of law that a closed-end, non-diversified investment company should be presumptively valued at its net asset value; the plain language of Section 17(b)(1) requires the Commission to find affirmatively that merger terms are reasonable an
• Acupuncture Ctr. OF Wash. & Yann Theresa Kao v. Dunlop
  543 F.2d 852· D.C. Cir.· 1976-01-16 ·cited 8×
  The court held that the Secretary of Labor did not abuse his discretion in denying alien employment certification, as the employer failed to prove no qualified American worker was available.
• Atl. Tubing & Rubber Co. v. Int'l Engraving Co.
  528 F.2d 1272· 1st Cir.· 1976-01-13 ·cited 8×
  The court held that the district court did not abuse its discretion in ordering a new trial due to inconsistent jury answers and that the jury instructions at the second trial were proper.
• Calabro v. United States Bd. OF Parole
  525 F.2d 660· 5th Cir.· 1975-12-31 ·cited 8×
  The court held that the district court did not err in dismissing the habeas corpus petition without a hearing because the petition failed to allege facts sufficient to show the Board's action was arbitrary, capricious, or an abuse of discretion.
• United States v. Garcia
  527 F.2d 473· 9th Cir.· 1975-11-28 ·cited 8×
  The court held that the admission of an unsigned deposition was not error because the defense failed to timely object or move to suppress, thereby waiving the defect under the Federal Rules of Criminal Procedure.
• State v. Oliver
  322 So. 2d 638· Fla. 3d DCA· 1975-11-25 ·cited 8×
• West v. Richmond
  528 F.2d 290· 4th Cir.· 1975-10-16 ·cited 8×
  The court held that the district court did not abuse its discretion in denying the defendant's motion for a new trial based on an excessive verdict, as the jury's award was supported by the evidence and within a reasonable range.
• In re Wonderbowl, Inc. v. Jonas
  515 F.2d 18· 9th Cir.· 1975-04-04 ·cited 8×
  Appellants Bennett, Pollack, Sands, and Zucker lack standing to appeal; Fallon has standing but his appeal is without merit.
• City OF Miami v. Veargis
  311 So. 2d 693· Fla. 3d DCA· 1975-04-01 ·cited 8×
  The City of Miami appealed a trial court's order granting a new trial in a negligence action arising from a fatal police shooting. The appellate court affirmed the new trial order, finding that defense counsel's prejudicial tactics—including inflammatory language and improper evi
• AIR Line Pilots Ass'n v. Civil Aeronautics Bd.
  509 F.2d 964· D.C. Cir.· 1975-03-17 ·cited 8×
  The court held that the Civil Aeronautics Board (CAB) did not abuse its discretion in granting interim approval to a capacity reduction agreement between airlines without an evidentiary hearing, and that labor protective conditions were not required given the limited impact.
• John W. and Edith Garrett v. United States & R. H. Kloosterman
  511 F.2d 1037· 9th Cir.· 1975-02-21 ·cited 8×
  The court held that the district court properly denied taxpayers' motion to intervene in an IRS summons enforcement action because they failed to demonstrate a "significantly protectable interest."
• Williams v. The Five Platters, Inc.
  510 F.2d 963· C.C.P.A.· 1975-02-20 ·cited 8×
  The court held that the Trademark Trial and Appeal Board did not abuse its discretion in denying the motion to vacate its earlier decision granting summary judgment.
• United States v. Orson G. White
  514 F.2d 205· D.C. Cir.· 1975-02-12 ·cited 8×·via Abuse Of Discretion Standard On Appeal
  The court held that the trial court did not abuse its discretion in denying the motion to reconsider the suppression of evidence, as the proffered new evidence was cumulative and not diligently discovered.
• Pickens v. The State OF Tex.
  497 F.2d 981· 5th Cir.· 1974-07-19 ·cited 8×
  A trial court does not abuse its discretion in revoking probation based on conduct that violates probation conditions, even if the evidence would not suffice for criminal conviction, provided the evidence reasonably satisfies the judge that the probationer's conduct fell short of
• Quigley & Manard, Inc. v. The United States
  496 F.2d 1214· C.C.P.A.· 1974-05-30 ·cited 8×
  The court held that the Customs Court did not abuse its discretion in dismissing the actions for lack of prosecution, and that the denial of rehearings was not manifestly erroneous.
• Wood v. Zapata Corp.
  482 F.2d 350· 3d Cir.· 1973-06-29 ·cited 8×
  A district court does not violate due process by transferring a case under § 1404(a) based on an untranscribed chambers conference if the parties receive notice that the motion will be considered and an opportunity to present their positions, even if no formal hearing is held. A
• United States v. Wilkins
  477 F.2d 323· 8th Cir.· 1973-04-20 ·cited 8×
  The court held that the defendant's conviction for bank robbery was supported by substantial evidence, and the trial court did not err in admitting his confession or photographs of the crime scene.
• Nat'l Labor Relations Bd. v. The Wackenhut Corp.
  471 F.2d 761· 6th Cir.· 1972-11-24 ·cited 8×
  The court held that the National Labor Relations Board did not abuse its discretion in its election procedures or in granting summary judgment, and therefore, the employer's refusal to bargain constituted an unfair labor practice.
• In re Guardianship of Theresa Davidson v. Robert A. Parker and wife Mary Sue Parker
  259 So. 2d 762· Fla. 1st DCA· 1972-03-30 ·cited 8×
  The court held that the trial court did not abuse its discretion in appointing the maternal grandparents as guardians of the minor child, as it was in the child's best interest.
• Hourston v. Harvlan, Inc.
  457 F.2d 1105· 3d Cir.· 1972-03-28 ·cited 8×
  The court held that the trial judge abused his discretion in granting a new trial because the grounds cited were insufficient to overcome the jury's verdict.
• In re Penn Cent. Transp. Co. v. Penn Cent. Transp. Co.
  457 F.2d 381· 3d Cir.· 1972-03-17 ·cited 8×·via Abuse Of Discretion Standard On Appeal
  The court held that the district court did not abuse its discretion in denying a preliminary injunction to continue operating the New York-Chatham passenger trains.
• United States v. Blanchette
  453 F.2d 859· 5th Cir.· 1972-01-04 ·cited 8×·via Abuse Of Discretion Standard For Severance
  The court held that substantial evidence supported the jury's guilty verdict, and the trial court did not err in denying motions for acquittal or severance.
• United States v. Mahler
  452 F.2d 547· 9th Cir.· 1971-12-21 ·cited 8×
  The court held that the trial court did not abuse its discretion in admitting evidence that was relevant, even if prejudicial.
• United States v. Burnley
  452 F.2d 1133· 9th Cir.· 1971-12-17 ·cited 8×·via Abuse Of Discretion Standard For Severance
  The court held that appellants waived their right to appeal the denial of their severance motion by failing to diligently pursue it below and that evidence admitted against one appellant was properly received.
• United States v. Valdez
  450 F.2d 1145· 5th Cir.· 1971-11-12 ·cited 8×
  The trial judge did not abuse his discretion in denying the defendant's motion to withdraw his guilty plea prior to sentencing.
• Bausch & Lomb Inc. v. Nat'l Labor Relations Bd.
  451 F.2d 873· 2d Cir.· 1971-10-22 ·cited 8×
  The court held that the National Labor Relations Board did not abuse its discretion in setting aside the first election due to the company's misleading campaign letter and that the Board's "laboratory conditions" standard does not violate Section 8(c) or the First Amendment.
• Silas S. Darling and Mary J. Darling v. Scheimer
  444 F.2d 514· 9th Cir.· 1971-06-22 ·cited 8×
  The court held that a vessel drifting at sea with lights on in clear weather was not required to post a lookout, and the denial of prejudgment interest was not an abuse of discretion.
• United States v. Neville M. Tucker
  444 F.2d 512· 6th Cir.· 1971-06-18 ·cited 8×
  The court held that the District Court did not abuse its discretion in revoking probation for failure to file taxes and comply with conditions.
• Larchmont Eng'g, Inc. v. Toggenburg SKI Ctr., Inc.
  444 F.2d 490· 2d Cir.· 1971-06-18 ·cited 8×
  The court held that the district court did not abuse its discretion in denying defendants' request for attorney fees and costs without a hearing after granting plaintiff's motion for voluntary dismissal.
• Torres v. Garcia
  444 F.2d 537· 9th Cir.· 1971-06-08 ·cited 8×
• In re the Abilene Flour Mills Co., Inc.
  439 F.2d 937· 10th Cir.· 1971-03-24 ·cited 8×
  The court held that the debtors' challenge to the referee's order fixing the disbursing agent's compensation was untimely, and the subsequent fee allowance was not plainly wrong or an abuse of discretion.