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

• A.W. v. State
  862 So. 2d 858· Fla. 4th DCA· 2003-12-10 ·cited 7×
  The court held that the trial court's departure from the Department of Juvenile Justice's recommendation for a low-risk residential facility was not supported by competent and substantial evidence.
• Maddox v. State
  827 So. 2d 380· Fla. 3d DCA· 2002-10-09 ·cited 7×
  The court held that the trial court abused its discretion by denying a mistrial when the State failed to produce a witness mentioned in its opening statement, but affirmed the probation revocation due to the defendant's acquiescence to the procedure.
• Lillier Ivory v. State
  821 So. 2d 1258· Fla. 4th DCA· 2002-07-31 ·cited 7×
  The court affirmed a conviction for battery on a law enforcement officer and resisting arrest with violence, finding that the admission of expert testimony regarding police procedures was proper under the ultimate issue rule.
• Darr v. State
  817 So. 2d 1093· Fla. 2d DCA· 2002-06-14 ·cited 7×
  The court held that the trial court abused its discretion by denying cause challenges to veniremembers who expressed ambivalence about a defendant's right to remain silent.
• Tobin v. Leland
  804 So. 2d 390· Fla. 4th DCA· 2001-10-03 ·cited 7×
  Patrick Tobin appealed a jury verdict finding no permanent injury from an automobile accident, challenging the trial court's refusal to permit cross-examination of the defense expert witness using statements from a 20-year-old book critical of the legal system. The Fourth Distric
• King v. State
  790 So. 2d 1253· Fla. 5th DCA· 2001-08-10 ·cited 7×
  Stephanie Lee King was convicted of first-degree felony murder and aggravated child abuse. She appealed the trial court's limitation on voir dire questioning regarding prospective jurors' ability to view graphic autopsy photographs fairly. The court affirmed, holding that the tri
• Smith v. State
  776 So. 2d 957· Fla. 3d DCA· 2000-12-20 ·cited 7×·via Abuse Of Discretion Standard For Severance
  Ben Arthur Smith, a convicted felon, was charged with two counts of unlawful firearm possession. He was acquitted of one count (relating to a firearm he pawned) but convicted of the other (a firearm found in the trunk of a car he was driving). The appellate court affirmed his con
• ITD Indus., Inc. v. Bus. Res. Grp., Inc.
  779 So. 2d 532· Fla. 2d DCA· 2000-12-15 ·cited 7×·via Abuse Of Discretion Standard For Jury Instructions
  ITD Industries and its founder Joseph O'Brien appealed a jury verdict finding them jointly and severally liable for a broker's fee. The appellate court affirmed the finding of ITD's liability but reversed the trial court's determination of O'Brien's individual liability, holding
• Garvin v. Jerome
  767 So. 2d 1190· Fla.· 2000-09-21 ·cited 7×
  The Florida Supreme Court held that a recall petition predicated on multiple grounds, four of which are legally invalid, cannot serve as the basis for a recall election. The Court resolved a conflict between district courts by adopting the Fourth District's approach that all grou
• Lane v. State
  761 So. 2d 476· Fla. 3d DCA· 2000-06-28 ·cited 7×
  Charles Owen Lane appeals his probation revocation and sentence enhancement as a habitual offender. The court affirmed the finding that Lane willfully violated his probation by failing to report, but remanded to correct the sentencing order to award proper credit for time previou
• McDANIEL v. Burton
  748 So. 2d 1072· Fla. 4th DCA· 1999-12-29 ·cited 7×
  A Florida father appealed the trial court's dismissal of his petition to modify a custody decree and transfer of jurisdiction to Ohio, where the mother and child had relocated. The Fourth District Court of Appeal held that the trial court abused its discretion by dismissing the c
• Ingrassia v. State
  747 So. 2d 445· Fla. 4th DCA· 1999-12-15 ·cited 7×
  Julian Ingrassia appeals his conviction for indecent assault and lewd and lascivious acts involving a child victim. The Fourth District Court of Appeal affirmed the conviction, holding that the trial court properly admitted the child victim's hearsay statements to a detective und
• Tormey v. Trout
  748 So. 2d 303· Fla. 4th DCA· 1999-10-06 ·cited 7×·via Abuse Of Discretion Standard For New Trial Motions
  The appellate court addressed consolidated appeals in a personal injury case arising from a 1993 automobile accident. The court affirmed the trial court's awards of $1,418,000 in compensatory damages, $20,000 in punitive damages, and $11,905.23 in costs to the injury claimant Tro
• Bacon v. State
  738 So. 2d 973· Fla. 4th DCA· 1999-06-23 ·cited 7×
  Jesse Daniel Bacon appealed his guilty pleas to thirteen counts of burglary of a conveyance and two counts of grand theft of an automobile, claiming his pleas were involuntary due to ineffective assistance of counsel. The Fourth District Court of Appeal affirmed the trial court's
• Safetitle, Inc. v. Fid. Nat'l Title Ins.
  701 So. 2d 565· Fla. 5th DCA· 1997-08-29 ·cited 7×
  Safetitle appeals the trial court's denial of its motion to set aside a default judgment entered by the clerk. The court affirmed, holding that Safetitle failed to demonstrate excusable neglect and that the filing of an amended complaint did not waive the default.
• Haile v. State
  672 So. 2d 555· Fla. 2d DCA· 1996-03-20 ·cited 7×
  A trial court must conduct a more penetrating inquiry into a peremptory challenge when a prima facie case of racial discrimination has been made, rather than merely accepting a race-neutral explanation on its face; here, the prosecutor's explanation that a Bible-reading juror wou
• Sitomer v. First OF Am. Bank-Central
  667 So. 2d 456· Fla. 4th DCA· 1996-01-31 ·cited 7×
  The court held that the trial court's award of $60,000.00 for estate administration was reasonable compensation under section 733.6171, Florida Statutes, and affirmed the award.
• Rudolph J. Frei, M.D., P.A. v. Eve Alger and Donald Alger
  655 So. 2d 1215· Fla. 4th DCA· 1995-05-24 ·cited 7×·via Abuse Of Discretion Standard For New Trial Motions
  The Fourth District Court of Appeal reversed a trial court's order granting a new trial on damages in a personal injury case. The appellate court found that the trial court abused its discretion by granting a new trial when the jury's nominal damages award was supported by the ev
• U.S. 1 Off. Corp. v. Falls Home Furnishings, Inc.
  655 So. 2d 209· Fla. 3d DCA· 1995-05-24 ·cited 7×·via Abuse Of Discretion Standard For Injunctions
  U.S. 1 Office Corp. appeals from a trial court order granting Falls Home Furnishings, Inc. a temporary injunction preventing U.S. 1 from interfering with Falls' advertising sign on U.S. 1's building. The appellate court affirmed, finding the trial court did not abuse its discreti
• United States v. Brechtel
  997 F.2d 1108· 5th Cir.· 1993-08-02 ·cited 7×·via Abuse Of Discretion Standard For Evidentiary Rulings
  A bank official violates 18 U.S.C. § 1006 when he knowingly receives or causes the receipt of benefits from a bank transaction in which he has a pecuniary interest without disclosing that interest, and the intent to defraud required by the statute may be inferred from circumstant
• Erwin Sussman and Ira Guilden v. Bank OF Israel
  990 F.2d 71· 2d Cir.· 1993-04-06 ·cited 7×
  The court affirmed the district court's dismissal of the suit on the grounds of forum non conveniens, finding no abuse of discretion.
• United States v. Olgivie O'Brien Williams
  985 F.2d 634· 1st Cir.· 1993-02-12 ·cited 7×·via Abuse Of Discretion Standard For Evidentiary Rulings
• Cortes v. Maxus Exploration Co.
  977 F.2d 195· 5th Cir.· 1992-11-18 ·cited 7×
  The court held that the district court did not err in finding sexual harassment and constructive discharge under Title VII, nor in excluding the EEOC determination, and that the back pay award was proper.
• In re Emil Stavriotis and Judith Stavriotis
  977 F.2d 1202· 7th Cir.· 1992-10-23 ·cited 7×
  A bankruptcy court does not abuse its discretion in denying a motion to amend a proof of claim after the bar date when the amendment would dramatically increase the claim amount, prejudice other creditors who relied on the original claim, and the creditor offers no excuse for its
• Pope v. Fed. Express Corp.
  974 F.2d 982· 8th Cir.· 1992-09-09 ·cited 7×
  The court affirmed the dismissal of the Title VII action and the denial of the recusal motion, but vacated the Rule 11 monetary sanctions for reconsideration.
• Covino v. Patrissi
  967 F.2d 73· 2d Cir.· 1992-06-17 ·cited 7×
  The court held that the random visual body-cavity search policy at NWSCF was reasonably related to legitimate penological interests and thus not an unreasonable regulation under the Fourth Amendment.
• Hoeft v. Tucson Unified Sch. Dist.
  967 F.2d 1298· 9th Cir.· 1992-06-17 ·cited 7×
  Parents must exhaust administrative remedies under the IDEA even when challenging local school district policies, unless doing so would be futile or inadequate.
• In re SAN Vicente Med. P'rs Ltd. v. Am. Principals Holding, Inc.
  962 F.2d 1402· 9th Cir.· 1992-05-04 ·cited 7×
  The court held that a district court has the equitable authority to include a non-party limited partnership's property in an SEC receivership if it has minimum contacts and receives notice and an opportunity to be heard, and that a receiver's expenses are chargeable to the proper
• United States v. An Chyi LIU
  960 F.2d 449· 5th Cir.· 1992-04-30 ·cited 7×·via Abuse Of Discretion Standard For Evidentiary Rulings
  The court held that the district court did not err in excluding testimony regarding the specific reasons for the defendant's fear, nor in refusing to give a jury instruction on duress, and that the defendant was not entrapped or improperly classified as a manager for sentencing p
• United States v. Melvyn R. Paisley
  957 F.2d 1161· 4th Cir.· 1992-03-03 ·cited 7×
  A party with an unconditional legal right to indemnification of attorney fees from a solvent third party cannot be deemed to have "incurred" those expenses for purposes of the EAJA and is therefore ineligible for a fee award under that Act. Additionally, the Government's position
• Torch, Inc. v. LeBLANC
  947 F.2d 193· 5th Cir.· 1991-11-18 ·cited 7×
  The court held that the district court did not abuse its discretion in dismissing Torch's declaratory judgment action.
• Hayden Leigh Silets v. United States Dep't OF Just.
  945 F.2d 227· 7th Cir.· 1991-10-10 ·cited 7×
  The court held that the district court did not abuse its discretion in denying in camera review of documents requested under FOIA, as the government's affidavits sufficiently described the withheld information and demonstrated it fell within claimed exemptions, with no evidence o
• State v. McCARTHY
  585 So. 2d 1167· Fla. 4th DCA· 1991-09-18 ·cited 7×
  The State of Florida appeals the suppression of physical evidence (diazepam) after the trial court denied the State's motion for continuance when key prosecution witnesses failed to appear at a suppression hearing. The appellate court affirmed, finding no abuse of discretion in d
• Davis v. Huskipower Outdoor Equip. Corp.
  936 F.2d 193· 5th Cir.· 1991-07-19 ·cited 7×
  A broad release signed by a plaintiff in a prior state action releases all potential obligors, including unnamed parties, from liability, but does not preclude a loss of consortium claim by a spouse who did not sign the release. A district court did not abuse its discretion in de
• Perotti v. Seiter
  935 F.2d 761· 6th Cir.· 1991-06-06 ·cited 7×
  The court held that while attorney fees are due, the multiplier award must be reconsidered due to improper justifications and a conceded error in the base calculation.
• Lamar Fin. Corp. & the Fed. Deposit Ins. Corp. as Manager of the Fslic Resolution Fund v. Adams
  918 F.2d 564· 5th Cir.· 1990-12-07 ·cited 7×
  The court held that a contempt order with both punitive and coercive elements is a criminal contempt order, appealable under 28 U.S.C. § 1291, but vacated the punitive portion due to lack of proper notice.
• United States v. Giorgio Piaget
  915 F.2d 138· 5th Cir.· 1990-10-04 ·cited 7×
  The court held that the officers had probable cause to stop and search Piaget's car, that MDMA was properly scheduled as a controlled substance, and that severance was not required.
• Peller v. S. Co.
  911 F.2d 1532· 11th Cir.· 1990-09-14 ·cited 7×
  The court held that the district court did not abuse its discretion in finding that demand was excused and in rejecting the litigation committee's recommendation to dismiss the derivative suit.
• Alizadeh v. Safeway Stores, Inc.
  910 F.2d 234· 5th Cir.· 1990-08-29 ·cited 7×
  The court held that while a district court has discretion to award attorneys' fees to a prevailing party under 42 U.S.C. § 1988, it must consider the non-prevailing plaintiff's financial circumstances when determining the amount of the award.
• Davis v. Jellico Cmty. Hosp. Inc.
  912 F.2d 129· 6th Cir.· 1990-08-23 ·cited 7×
  A plaintiff's death after a final judgment does not warrant a new trial or relief from judgment under Federal Rules of Civil Procedure 59 or 60(b).
• Mareno v. Rowe
  910 F.2d 1043· 2d Cir.· 1990-08-06 ·cited 7×
  A foreign corporation lacks sufficient presence in New York to establish personal jurisdiction under New York's corporate presence doctrine when it maintains no offices, employees, bank accounts, or property in the state; similarly, an individual defendant who conducts no busines
• Shiver v. State
  564 So. 2d 1158· Fla. 1st DCA· 1990-07-10 ·cited 7×
  Lay witnesses may testify to their observations of a person's mental condition, emotional state, and demeanor, including inferences about anger or threatening appearance, when the testimony cannot be more accurately conveyed through objective facts and does not mislead the jury a
• Salter v. Westra
  904 F.2d 1517· 11th Cir.· 1990-07-09 ·cited 7×·via Abuse Of Discretion Standard For Evidentiary Rulings
  The trial court did not err in refusing the requested jury instruction on mechanical defect or failure, nor in its evidentiary rulings, but did err in submitting the wantonness claim to the jury.
• Zulema De La Garza Perales v. Casillas
  903 F.2d 1043· 5th Cir.· 1990-06-25 ·cited 7×
• Willis v. Raymark Indus., Inc.
  905 F.2d 793· 4th Cir.· 1990-06-15 ·cited 7×·via Abuse Of Discretion Standard For New Trial Motions
  The court held that the trial court did not err in refusing to instruct the jury on the sophisticated user defense or in refusing to apply the Statute of Repose to claims for pre-incorporation exposure, and that the denial of a new trial was not an abuse of discretion.
• State v. Doyle Lawrence
  560 So. 2d 400· Fla. 4th DCA· 1990-05-02 ·cited 7×
  The trial court did not abuse its discretion in denying the state's motion for a continuance and granting the motion to suppress.
• United States v. Suquamish Indian Tribe
  901 F.2d 772· 9th Cir.· 1990-04-19 ·cited 7×
  The court held that the district court did not abuse its discretion in appointing a special master and did not err in finding that the Suquamish Tribe did not establish successor status to the Duwamish Tribe's fishing rights.
• Zahid Iqbal v. Golf Course Superintendents Ass'n OF Am.
  900 F.2d 227· 10th Cir.· 1990-04-09 ·cited 7×
  The court affirmed the district court's attorneys' fee award but remanded for calculation of fees and costs incurred on appeal, holding that a prevailing party is entitled to such fees.
• Nat'l Metal Finishing Co., Inc. v. Barclaysamerican/Commercial, Inc.
  899 F.2d 119· 1st Cir.· 1990-03-29 ·cited 7×
  A district court has the power under Fed.R.Civ.P. 52(b) and 59(e) to amend its findings and reverse its prior judgment, and such reconsideration is reviewed for abuse of discretion.
• Kapco Mfg. Co., Inc. v. C & O Enters., Inc.
  886 F.2d 1485· 7th Cir.· 1989-10-13 ·cited 7×
  The court held that the district court properly imposed sanctions under 28 U.S.C. § 1927 and Federal Rule of Civil Procedure 11, but remanded for a specific factual determination regarding attorney fees.