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

• Eureka Fed. Sav. & Loan Ass'n v. Am. Cas. Co. OF Reading
  873 F.2d 229· 9th Cir.· 1989-04-25 ·cited 7×
  The court held that the district court had jurisdiction to issue a declaratory judgment regarding insurance policy limits and that the claims in the underlying litigation constituted multiple losses, not a single loss, under the policy.
• Lucille Head (88-5353) v. Jellico Hous. Auth.
  870 F.2d 1117· 6th Cir.· 1989-03-27 ·cited 7×
  The court held that federal regulations permit public housing authorities to count lump-sum Social Security benefits as annual income for rent calculation purposes, and that retroactive rent adjustments based on such income are permissible and reasonable under the lease and feder
• Smith v. Bowen
  867 F.2d 731· 2d Cir.· 1989-01-26 ·cited 7×
  The Equal Access to Justice Act (EAJA) allows attorney's fees for unreasonable litigation tactics by the government, even if the underlying agency action was substantially justified. However, fees are not awarded for appellate proceedings if the government's position was reasonab
• Dennis v. A.H. Robins Co., Inc.
  860 F.2d 871· 8th Cir.· 1988-11-08 ·cited 7×
  The district court erred in dismissing the case with prejudice after an automatic bankruptcy stay was imposed, as the stay did not preclude the court from managing its docket.
• Sec. & Exch. Comm'n v. Blinder
  855 F.2d 677· 10th Cir.· 1988-08-24 ·cited 7×
  The court held that the trial court did not abuse its discretion in denying the motion to vacate the injunction and that the SEC's civil enforcement authority is constitutional.
• United States v. City OF Chicago
  853 F.2d 572· 7th Cir.· 1988-08-03 ·cited 7×
  The court held that the district court did not abuse its discretion in using the 1972 policewoman roster to determine if Burauer would have been hired absent discrimination, and that McNamara was not required to mitigate damages by continuing in a dissimilar, lower-paying job.
• W. Allis Mem'l Hosp., Inc. v. Bowen
  852 F.2d 251· 7th Cir.· 1988-07-14 ·cited 7×
  The court held that the plaintiff lacked standing to seek injunctive relief under the Medicare anti-fraud statute and that the district court erred in failing to recognize statutory authority to enjoin antitrust violations. The court affirmed the denial of injunctive relief for t
• Wilberto Ramos Colon v. Sec'y OF Health & Human Servs.
  850 F.2d 24· 1st Cir.· 1988-06-29 ·cited 7×
  The court held that the district court did not abuse its discretion in setting a reasonable attorney's fee at $75 per hour and in refusing to strike its critical language regarding billing practices.
• Roat v. Comm'r, Internal Revenue Serv.
  847 F.2d 1379· 9th Cir.· 1988-05-27 ·cited 7×
  The court held that the Commissioner is not required to prepare a tax return on behalf of a taxpayer before issuing a valid notice of deficiency, and that the Anti-Injunction Act bars suits seeking to restrain tax collection when adequate legal remedies exist.
• DR. Bernard Heller Found. v. LEE
  847 F.2d 83· 3d Cir.· 1988-05-23 ·cited 7×
  The court held that expert witness fees are limited by 28 U.S.C. § 1821, and that the District Court of the Virgin Islands erred in awarding fees exceeding this limit. The court affirmed the award of attorneys' fees but remanded for further findings on deposition and travel costs
• United States v. The LaROUCHE Campaign
  841 F.2d 1176· 1st Cir.· 1988-03-09 ·cited 7×
  The court held that the district court did not abuse its discretion in denying NBC's motion to quash the subpoena and ordering in camera review of the outtakes, as the defendants made a sufficient showing under Rule 17(c) and their trial interests outweighed NBC's First Amendment
• Chiron v. Isram Wholesale Tours & Travel Ltd.
  519 So. 2d 1102· Fla. 3d DCA· 1988-02-09 ·cited 7×
  Chiron appealed the dismissal of her breach of contract and fraud claims against a travel company, while the trial court properly dismissed her equitable accounting claim. The Third District Court of Appeal reversed the dismissals of the contract and fraud counts, finding them le
• United States v. 0.376 Acres OF Land
  838 F.2d 819· 6th Cir.· 1988-01-26 ·cited 7×
  A landowner who qualifies as a prevailing party in an eminent domain proceeding under 28 U.S.C. § 2412(d)(2)(H) is not automatically entitled to attorney fees under the Equal Access to Justice Act; the government may still defeat a fee award by demonstrating that its position was
• Cal. Energy Res. Conservation & Dev. Comm'n v. Bonneville Power Administration
  831 F.2d 1467· 9th Cir.· 1987-11-06 ·cited 7×
  The interim Access Policy is not a rate requiring FERC approval and is therefore subject to direct judicial review. The policy's pro rata allocation formula for surplus nonfirm energy is rationally designed to ensure BPA's fiscal self-sufficiency and does not constitute arbitrary
• Orris Poling and Ruth Poling v. Morgan
  829 F.2d 882· 9th Cir.· 1987-10-07 ·cited 7×
  The court held that a guarantor is not a secured party with rights to repossess collateral before paying the full debt, and that denying leave to amend a complaint for conversion was an abuse of discretion.
• United States v. Torres-Flores
  827 F.2d 1031· 5th Cir.· 1987-09-10 ·cited 7×·via Abuse Of Discretion Standard For Evidentiary Rulings
  The court held that the admission of "rogues' gallery" photographs, where the defendant's photo was partially covered but other photos were not, was impermissibly suggestive and deprived the defendant of a fair trial.
• Davis v. United States
  824 F.2d 549· 7th Cir.· 1987-07-06 ·cited 7×·via Abuse Of Discretion Standard For Evidentiary Rulings
  The court held that FAA officials did not breach their duty of care to the pilot by providing an allegedly inadequate weather briefing, and that the pilot's own negligence was a contributing factor to the crash.
• Laurence E. Randall v. Merrill Lynch
  820 F.2d 1317· D.C. Cir.· 1987-06-19 ·cited 7×
  Rule 60(b)(6) of the Federal Rules of Civil Procedure authorizes a court to vacate a voluntary dismissal under Rule 41(a)(1) that operates as a final judgment on the merits, and the district court did not abuse its discretion in vacating the Randalls' second dismissal based on th
• Vancouver Women's Health Collective Soc'y v. A.H. Robins Co.
  820 F.2d 1359· 4th Cir.· 1987-06-17 ·cited 7×
  The court held that the foreign notification program was adequate under the circumstances and that the district court did not abuse its discretion in denying the motion for an extension or abolishment of the Bar Date.
• Gholston v. The Hous. Auth. OF the City OF Montgomery
  818 F.2d 776· 11th Cir.· 1987-06-09 ·cited 7×
  The Housing Act's preference provisions for families occupying substandard housing, involuntarily displaced families, and families paying more than fifty percent of income for rent are not self-executing and do not require local housing authorities to grant such preferences absen
• Mendez v. Mendez
  527 So. 2d 820· Fla. 3d DCA· 1987-04-28 ·cited 7×
  Trial court properly awarded primary residential custody to father based on best interests of child, not solely on mother's Jehovah's Witness faith, and did not interfere with mother's religious practice rights.
• E. Auto Supply Co., Inc. v. Anchor Mortg. Servs., Inc.
  502 So. 2d 976· Fla. 4th DCA· 1987-02-11 ·cited 7×
  East Auto Supply and Frydenburg Corporation appealed a foreclosure judgment, challenging service of process on a temporarily dissolved corporation and the trial court's denial of a motion to dismiss for failure to post a cost bond. The Fourth District Court of Appeal affirmed the
• van Abbema v. Fornell
  807 F.2d 633· 7th Cir.· 1986-12-10 ·cited 7×
  The court held that the Corps adequately considered environmental impacts but failed to adequately evaluate the economics and alternatives to the proposed facility, requiring a remand.
• Sec. & Exch. Comm'n v. Hardy
  803 F.2d 1034· 9th Cir.· 1986-10-31 ·cited 7×
  A district court supervising an equity receivership has broad discretionary authority to establish reasonable procedures and deadlines for filing claims and objections, and does not abuse that discretion by enforcing such deadlines against late filers, even where the late claims
• Assibi Abudu v. Immigr. & Naturalization Serv.
  802 F.2d 1096· 9th Cir.· 1986-10-14 ·cited 7×
  The court held that Dr. Abudu is deportable based on his conviction for attempting to obtain a controlled substance by fraud. However, the court reversed the BIA's denial of reopening and remanded for an evidentiary hearing on his asylum and prohibition against deportation claims
• Kennon v. Slipstreamer, Inc.
  794 F.2d 1067· 5th Cir.· 1986-07-23 ·cited 7×
  The court held that the district court's mention of settlement amounts to the jury was improper under Federal Rule of Evidence 408, as it was offered to prove the amount of the claim.
• Polo Fashions, Inc. v. Dick Bruhn, Inc.
  793 F.2d 1132· 9th Cir.· 1986-07-10 ·cited 7×
  The court held that the district court erred in not awarding receipts from sales at cost and in denying a permanent injunction, but did not err in refusing attorneys' fees.
• B.P. N. Am. Trading, Inc. v. The Vessel Panamax Nova
  784 F.2d 975· 9th Cir.· 1986-03-12 ·cited 7×
  The court held that the district court erred in awarding attorneys' fees to the prevailing party in an admiralty case absent statutory authorization or a recognized equitable exception.
• Shawmut Boston Int'l Banking Corp. v. Duque-Pena
  767 F.2d 1504· 11th Cir.· 1985-08-12 ·cited 7×
  The court held that the district court did not abuse its discretion in presuming personal jurisdiction and entering a default judgment against the defendant for repeated discovery abuses and disobedience of court orders.
• Sec. & Exch. Comm'n v. Universal Fin.
  760 F.2d 1034· 9th Cir.· 1985-05-17 ·cited 7×
  The court held that the district court did not abuse its discretion in denying the investors' motion to lift the receivership stay or to require the receiver to post a bond.
• J.W. Whitehead v. United States Parole Comm'n & Warden Rison
  755 F.2d 1536· 11th Cir.· 1985-03-28 ·cited 7×
  The court held that the United States Parole Commission was not collaterally estopped from revoking parole based on a state pandering charge, even if a prior conviction was set aside.
• State OF Del. v. Belin
  456 So. 2d 1237· Fla. 1st DCA· 1984-09-19 ·cited 7×
  Delaware and Florida appealed a circuit court judgment upholding the trustees of the Alfred I. duPont charitable trust against claims of breach of fiduciary duty, conflicts of interest, and violation of a settlement agreement. The appellate court affirmed the trial court's findin
• The Standing Comm. ON Discipline OF the United States Dist. Court FOR the S. Dist. OF Cal. v. Ross
  735 F.2d 1168· 9th Cir.· 1984-06-25 ·cited 7×
  The court held that the disciplinary proceeding was fair, the evidence was sufficient to support the findings, and the penalty imposed was reasonable.
• N. Dade Golf, Inc. v. Clarke
  439 So. 2d 296· Fla. 3d DCA· 1983-09-27 ·cited 7×
  The appellate court reviewed the trial court's order granting a new trial to the plaintiff after the jury found no negligence on the part of the defendant golf course regarding the plaintiff's injuries sustained from a golf cart incident.
• In re Cragar Indus., Inc.
  706 F.2d 503· 5th Cir.· 1983-05-18 ·cited 7×
  The court held that a transferee court should not re-transfer a case absent unforeseen events frustrating the original transfer purpose, and found no such events here.
• Anish v. Amritlal Topiwala & Sunnyland Reflections, Inc.
  430 So. 2d 990· Fla. 3d DCA· 1983-05-10 ·cited 7×
  Alfred Anish appeals a circuit court order granting partial final judgment determining liability against him based on a default judgment. The Third District Court of Appeal affirmed, holding that Anish's failure to respond to a default order clarifying the court's expectations co
• Banco Nacional de Nicaragua v. Argonaut Ins. Co.
  681 F.2d 1337· 11th Cir.· 1982-08-02 ·cited 7×·via Abuse Of Discretion Standard For New Trial Motions
  The court held that the jury instructions properly placed the burden on the insured to prove the loss occurred within the policy period, and that substantial evidence supported the jury's verdict for the insurer.
• In re Matter of Attorney's Fees Awarded IN State OF Fla. v. Dale M. Warman. Mitchell J. Beers
  415 So. 2d 846· Fla. 4th DCA· 1982-06-23 ·cited 7×
  A court-appointed attorney challenges a trial court's award of $1,500 in attorney's fees for representing an indigent defendant charged with seven felony robberies, arguing the award was inadequate under Florida's fee-setting statute. The appellate court holds that while the tria
• Nat'l Fed'n of Fed. Emps. v. Devine
  679 F.2d 907· D.C. Cir.· 1981-12-21 ·cited 7×
  The court held that the Office of Personnel Management (OPM) acted within its statutory authority and in a reasonable manner when ordering benefit reductions to comply with budget limitations, and that the district court erred in finding an abuse of discretion.
• Ford Motor Co. v. Auto Supply Co., Inc.
  661 F.2d 1171· 8th Cir.· 1981-10-14 ·cited 7×
  The court held that the district court did not abuse its discretion in admitting a damages summary exhibit based on business records and in refusing to allow defendants to amend their answer after summary judgment to assert a manufactured defense.
• Alva Vida Porter v. State
  388 So. 2d 18· Fla. 4th DCA· 1980-09-10 ·cited 7×
  Alva Vida Porter was convicted of aggravated battery by jury and sentenced to three years and one month in state prison. She appealed her conviction arguing error in the trial court's removal of a juror who recognized a witness from school. The appellate court affirmed, finding t
• Adams v. Ford Motor Credit Co.
  556 F.2d 737· 5th Cir.· 1977-07-27 ·cited 7×
  The court held that the defendant waived its right to appeal the jury charge on trespass and punitive damages by failing to object at trial, and that the punitive damages award was not excessive.
• State of Fla. ex rel. Fla. Parole & Prob. Comm'n & Raymond D. Massey v. Helton
  313 So. 2d 413· Fla. 1st DCA· 1975-06-03 ·cited 7×
  Florida's parole authority revoked Helton's parole based on his arrest for receiving stolen property, but he was later acquitted by jury trial. The court held that a subsequent criminal acquittal does not bar parole revocation, as revocation proceedings are civil in nature and re
• Gordon v. State
  312 So. 2d 809· Fla. 3d DCA· 1975-05-20 ·cited 7×
  The court held that the trial court did not commit reversible error by restricting the defendant's cross-examination of state witnesses, as the rulings were discretionary and did not deny constitutional rights.
• United States v. Ancorp Nat'l Servs., Inc.
  516 F.2d 198· 2d Cir.· 1975-03-21 ·cited 7×
  The court held that the FTC's cease and desist order, which prohibited receiving disproportionate promotional allowances from suppliers, applied to newspapers, and that the district court did not abuse its discretion in assessing civil penalties and issuing an injunction.
• White v. Wirtz
  402 F.2d 145· 10th Cir.· 1968-10-28 ·cited 7×·via Abuse Of Discretion Standard For Discovery Rulings
  The court held that defendants' employees were engaged in the production of goods for commerce under the Fair Labor Standards Act, and the trial court did not abuse its discretion regarding discovery.
• Int'l Nikoh Corp. v. H. K. Porter Co., Inc.
  374 F.2d 82· 7th Cir.· 1967-01-05 ·cited 7×·via Abuse Of Discretion Standard On Appeal
  The court affirmed the denial of the motion for relief from judgment, finding no abuse of discretion by the trial court.
• Tradeways Inc. v. Chrysler Corp.
  342 F.2d 350· 2d Cir.· 1965-03-01 ·cited 7×
  No oral contract was formed on November 22, 1955, because the parties had not reached agreement on the essential term of price, Chrysler explicitly required a written agreement, and the alleged oral contract was barred by the statute of frauds as a contract not to be performed wi
• Turchan v. Cincinnati Milling Mach. Co.
  208 F.2d 228· 6th Cir.· 1953-11-24 ·cited 7×
  The court held that the trial court did not abuse its discretion in denying attorney fees to the prevailing party.
• Henderson v. Ford Motor Co.
  72 F.4th 1237· 11th Cir.· 2023-07-05 ·cited 6×
  The Eleventh Circuit affirmed the district court's evidentiary rulings and denial of JMOL and new trial, and dismissed Ford's cross-appeal for lack of standing.