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. Commito
  918 F.2d 95· 9th Cir.· 1990-11-01 ·cited 6×
  The court held that the government's wiretap application affidavit contained sufficient facts demonstrating the necessity for the wiretap, as required by statute.
• Mayhew v. Bell S.S. Co.
  917 F.2d 961· 6th Cir.· 1990-10-29 ·cited 6×
  The court held that the district court did not abuse its discretion in excluding speculative medical expert testimony regarding causation in a Jones Act case.
• Wilmer B. GAY v. Petsock
  917 F.2d 768· 3d Cir.· 1990-10-26 ·cited 6×
  The court affirmed the district court's judgment, holding that the plaintiff prisoner failed to state a claim against one defendant, presented insufficient evidence for claims against two others, and that the jury's verdict for the final defendant was permissible.
• United States v. Carlos Eduardo Fernandez. Appeal of Carlos Fernandez
  916 F.2d 125· 3d Cir.· 1990-10-18 ·cited 6×
  The court held that convictions for conspiracy and continuing criminal enterprise can stand separately, even if the conspiracy is a predicate offense, as long as a general sentence is imposed not exceeding the punishment for the most serious offense. It also held that a new prese
• In re Agric. Research & Tech. Grp., Inc. v. Palm Seedlings Partners-A
  916 F.2d 528· 9th Cir.· 1990-10-09 ·cited 6×
  The court held that transfers made as part of a Ponzi scheme, without reasonably equivalent value and with actual intent to defraud creditors, are avoidable by a bankruptcy trustee.
• United States v. Josef John Casal
  915 F.2d 1225· 8th Cir.· 1990-10-08 ·cited 6×
  The court held that the defendant's confession was voluntary and admissible, and that the district court did not abuse its discretion in denying a mistrial, expert witness appointment, or a Sentencing Guidelines reduction.
• United States v. Grundhoefer
  916 F.2d 788· 2d Cir.· 1990-10-03 ·cited 6×
  A putative victim is not a party to the determination of restitution, and appellate standing requires injury in fact, but competing claimants to a determined restitution award can show injury.
• Westlake N. Prop. Owners Ass'n v. City OF Thousand Oaks
  915 F.2d 1301· 9th Cir.· 1990-09-28 ·cited 6×
  The court held that attorneys cannot be sanctioned under Federal Rules of Civil Procedure 70 and 71, and that the district court abused its discretion in sanctioning them under Rule 11 because their arguments regarding a prior judgment were not frivolous.
• United States v. MacKey
  915 F.2d 69· 2d Cir.· 1990-09-20 ·cited 6×
  The court held that proceeding with a criminal trial in the defendant's absence, when his absence was due to transportation issues and not a knowing and voluntary waiver, constitutes reversible error, especially when the defendant misses jury selection and key witness testimony.
• Midland W. Corp. v. Fed. Deposit Ins. Corp.
  911 F.2d 1141· 5th Cir.· 1990-09-19 ·cited 6×
  The court held that the FDIC's motion to reform the agreed judgment was timely filed and should have been granted because the judgment did not reflect the parties' mutual intent.
• Blackmon v. M.B.
  567 So. 2d 495· Fla. 1st DCA· 1990-09-18 ·cited 6×
  Court affirmed judgment for sexual assault and battery damages against appellant prisoner, finding that appellant's claim of trial court abuse of discretion in denying transport petition was not preserved for appellate review because counsel failed to object at trial.
• Union Cent. Life Ins. Co. v. Carlisle
  566 So. 2d 1335· Fla. 4th DCA· 1990-09-05 ·cited 6×
  The court held that while an insurer may have an interest in litigation due to reimbursement provisions, the trial judge retains broad discretion to deny intervention, and the denial here was not an abuse of discretion.
• De Long v. Hennessey
  912 F.2d 1144· 9th Cir.· 1990-08-30 ·cited 6×
  The court held that while federal courts have inherent power to enjoin vexatious litigants, such orders require notice, an adequate record, substantive findings of frivolousness or harassment, and must be narrowly tailored; otherwise, they are an abuse of discretion.
• B.R. Griffin v. Cloyce K. BOX
  910 F.2d 255· 5th Cir.· 1990-08-29 ·cited 6×
  The court held that the partnership and depositary agreements do not grant transferees an automatic right to become substituted limited partners without the general partners' consent, and the district court did not abuse its discretion in its preliminary injunction rulings.
• United States v. Lettieri
  910 F.2d 1067· 2d Cir.· 1990-08-13 ·cited 6×
  The court held that the district court abused its discretion by revoking probation before the probationary term expired, as the conditions allowed compliance until the end of the term.
• United States v. J.B. Stringfellow, Jr.
  911 F.2d 225· 9th Cir.· 1990-08-10 ·cited 6×
  The court held that sanctions under Rule 11 were an abuse of discretion because the omitted case law and statutory provisions did not render the State's argument frivolous.
• Gayle Mfg. Co., Inc. v. Fed. Sav. & Loan Ins. Corp. for State Fed. Sav. & Loan Ass'n
  910 F.2d 574· 9th Cir.· 1990-08-03 ·cited 6×
  The court held that a mechanic's lien claimant is not barred from equitable relief due to a mutual mistake regarding available remedies, even if the statutory foreclosure period has passed, and that FSLIC, as receiver, does not have exclusive jurisdiction to adjudicate claims aga
• King v. Armstrong World Indus., Inc.
  906 F.2d 1022· 5th Cir.· 1990-07-12 ·cited 6×
  The court affirmed the judgment, holding that evidentiary rulings were proper, causation apportionment was supported by evidence, and punitive damages were permissible.
• Williams v. Pro-Tec, Inc.
  908 F.2d 345· 8th Cir.· 1990-07-12 ·cited 6×
  The court held that the district court did not err in instructing the jury on contributory fault and assumption of risk, nor in its rulings on expert witness testimony and cross-examination.
• Chrysler Motors Corp. v. Auto Body Panels OF Ohio, Inc.
  908 F.2d 951· Fed. Cir.· 1990-07-11 ·cited 6×
  The court held that the district court did not abuse its discretion in denying Chrysler's motion for a preliminary injunction because Chrysler failed to establish a reasonable likelihood of success on the merits or irreparable harm.
• Me. Audubon Soc'y v. Emery Purslow
  907 F.2d 265· 1st Cir.· 1990-07-06 ·cited 6×
  The court held that the district court did not abuse its discretion in imposing a sanction on attorneys for failing to disclose a mandatory statutory notice requirement during an ex parte TRO hearing.
• United States v. Moralez
  908 F.2d 565· 10th Cir.· 1990-07-06 ·cited 6×
  The court held that the district court abused its discretion in denying the motion to disclose the confidential informant's identity without conducting proper in camera proceedings to balance the defendant's need for the information against the government's interest in protecting
• DeWITT v. A State Farm Ins. Cos. Ret. Plan FOR United States Emps.
  905 F.2d 798· 4th Cir.· 1990-06-15 ·cited 6×
  The court held that the retirement plan administrator's denial of benefits was not an abuse of discretion and that the plaintiff did not qualify for benefits under the AD & D plan.
• Zamlen v. The City OF Cleveland
  906 F.2d 209· 6th Cir.· 1990-06-11 ·cited 6×·via Abuse Of Discretion Standard For Evidentiary Rulings
  The court held that the statistical evidence presented was insufficient to establish a prima facie case of intentional discrimination under § 1983, and that the exclusion of female firefighters' testimony, while improper, did not result in substantial injustice. The court affirme
• Bovet v. Claude J.J. Bovet
  563 So. 2d 154· Fla. 3d DCA· 1990-06-05 ·cited 6×
  Ana Bovet appeals the trial court's award of $16,500 in lump-sum rehabilitative alimony and its failure to retain jurisdiction for future modifications following a 26-year marriage. The appellate court affirms the amount of alimony but reverses the conversion to a lump sum and th
• Stomner v. Darrell Kolb & the Attorney Gen. of the State of Wis.
  903 F.2d 1123· 7th Cir.· 1990-06-04 ·cited 6×
  The court held that the denial of severance and certain evidentiary rulings did not violate due process or render the trial fundamentally unfair.
• Waldon v. Lisa Johnson & the State of Fla.
  561 So. 2d 1342· Fla. 1st DCA· 1990-06-01 ·cited 6×
• Manzoli v. Commissioner OF Internal Revenue
  904 F.2d 101· 1st Cir.· 1990-05-22 ·cited 6×
  The court held that the Tax Court did not err in sustaining tax deficiencies assessed against the taxpayers, nor did it abuse its discretion in denying motions for continuance and leave to amend.
• Battle v. Armontrout
  902 F.2d 701· 8th Cir.· 1990-05-09 ·cited 6×
  The court held that the district court abused its discretion in denying the appointment of counsel for an indigent, incarcerated petitioner in a capital habeas corpus case.
• Akers v. Ohio Dep't OF Liquor Control
  902 F.2d 477· 6th Cir.· 1990-05-08 ·cited 6×
  The court held that the district court abused its discretion by refusing to modify the consent decree to allow for the full monitoring period originally intended.
• Czajka v. Black
  901 F.2d 1484· 8th Cir.· 1990-05-02 ·cited 6×
  The court affirmed the district court's denial of the motion for a new trial and the adverse jury verdicts.
• Moreland v. Wharton
  899 F.2d 1168· 11th Cir.· 1990-05-01 ·cited 6×
  A district court abuses its discretion by dismissing a prisoner's pro se complaint under 28 U.S.C. § 1915(d) if the complaint states a constitutional claim with an arguable basis in law and fact, without conducting a sufficient inquiry.
• Rojas v. Commissioner OF Internal Revenue
  901 F.2d 810· 9th Cir.· 1990-04-26 ·cited 6×
  The court held that the tax benefit rule does not require recapture of deductions for cultivation expenses when the crops produced were consumed before liquidation, even if the crops were later distributed to shareholders.
• Coane v. Ferrara PAN Candy Co.
  898 F.2d 1030· 5th Cir.· 1990-04-24 ·cited 6×
  The court affirmed the district court's dismissal of the complaint and imposition of sanctions, finding the attorney's conduct warranted the penalties and that the appeal was frivolous.
• Cash v. Beltmann N. Am. Co.
  900 F.2d 109· 7th Cir.· 1990-04-17 ·cited 6×
  The court held that the punitive damages award was excessive because it was based on the amount the defendant overcharged the state, rather than the nature of the wrong done to the plaintiff, and remitted the award.
• Polk v. Dixie Ins. Co.
  897 F.2d 1346· 5th Cir.· 1990-04-11 ·cited 6×
  The court held that Batson v. Kentucky does not apply to civil suits between private parties and that the district court did not abuse its discretion in admitting testimony regarding the insured's potential motive for arson, nor did it err in granting summary judgment on the puni
• In re Narowetz Mech. Contractors, Inc.
  898 F.2d 1306· 7th Cir.· 1990-04-09 ·cited 6×·via Abuse Of Discretion Standard For Continuance
  The court held that the bankruptcy court did not abuse its discretion in denying continuances and refusing to allow amendments to admissions, and that the denial of a hearing was not a denial of due process.
• Larson v. Dumke
  900 F.2d 1363· 9th Cir.· 1990-04-09 ·cited 6×
  The court held that the district court abused its discretion in dismissing a shareholder's derivative suit for inadequate representation, as the shareholder did not seek to rescind the ESOP and thus was not economically antagonistic.
• Nat'l Labor Relations Bd. v. Springfield Hosp.
  899 F.2d 1305· 2d Cir.· 1990-03-26 ·cited 6×
  The court held that the hospital's actions in causing the arrest of off-duty employees were unlawful and interfered with union activity, and that the classification of medical technologists as professional employees was proper.
• Conidaris v. Credit Alliance Corp.
  558 So. 2d 523· Fla. 5th DCA· 1990-03-22 ·cited 6×
  Robert Conidaris appealed a $90,164 default judgment entered against him in a guaranty dispute. The court reversed, holding that Conidaris established excusable neglect and a meritorious defense (forgery) and that the trial court erred in refusing to set aside the default and all
• Cemar, Inc. v. Nissan Motor Corp. IN U.S.A. Appeal of Cemar Inc.
  897 F.2d 120· 3d Cir.· 1990-02-27 ·cited 6×
  The court held that the district court's Rule 54(b) certification for appeal was insufficient because it failed to provide adequate reasons for the determination that there was no just reason for delay. Consequently, the appellate court lacked jurisdiction.
• Rivet v. State
  556 So. 2d 521· Fla. 5th DCA· 1990-02-08 ·cited 6×
  The court held that the trial judge did not abuse discretion in determining a four-and-a-half-year-old victim was competent to testify without an oath, as she demonstrated sufficient intelligence and appreciation for the duty to tell the truth.
• Littleton v. Littleton
  555 So. 2d 924· Fla. 1st DCA· 1990-01-16 ·cited 6×
  In this divorce appeal, the Florida First District Court of Appeal affirmed the trial court's division of marital assets, alimony award, life insurance requirement, and attorney's fees award, but reversed and remanded the health insurance provision because the issue was not prope
• Foust v. Dina Darlene Nipper Knorr Foust
  561 So. 2d 589· Fla. 2d DCA· 1990-01-05 ·cited 6×
• Hortensia De Allende v. Baker
  891 F.2d 7· 1st Cir.· 1989-12-05 ·cited 6×
  The court held that the government's position in denying the visa was substantially justified, and therefore the district court abused its discretion in awarding attorney's fees under the Equal Access to Justice Act.
• Royal Crown Cola Co. v. The Coca-Cola Co.
  887 F.2d 1480· 11th Cir.· 1989-11-13 ·cited 6×
  A plaintiff is not a "prevailing party" entitled to attorney's fees under Clayton Act § 16 if their lawsuit was not a substantial factor in causing the defendants' remedial action, especially when other significant factors, like FTC intervention, are present.
• Barton's Disposal Serv., Inc. v. Tiger Corp.
  886 F.2d 1430· 5th Cir.· 1989-10-31 ·cited 6×
  The dissenting judge would affirm the district court's judgment, believing the jury instructions and interrogatories adequately addressed the issues and allowed for discernment of the jury's findings.
• Newsom v. Norris
  888 F.2d 371· 6th Cir.· 1989-10-19 ·cited 6×
  The court held that while inmates have no property interest in continued employment as inmate advisors, they do have a liberty interest protected by the First Amendment against retaliation for exercising their speech rights.
• United States v. Grover C. Jones, Jr.
  887 F.2d 492· 4th Cir.· 1989-10-17 ·cited 6×
  The court held that the district court did not abuse its discretion by dismissing the indictment without prejudice for Speedy Trial Act violations, even if not all statutory factors were explicitly articulated in writing, as the record supported the decision.
• United States v. Phillips
  888 F.2d 38· 6th Cir.· 1989-10-17 ·cited 6×
  The court held that the trial judge did not abuse his discretion in excluding extrinsic evidence of the government witnesses' prior drug use at a party unrelated to the charged offense, as it was not sufficiently probative of bias or relevant to the case.