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

• Fritz v. Honda Motor Co., Ltd.
  818 F.2d 924· D.C. Cir.· 1987-05-08 ·cited 6×
  The court held that the district court did not abuse its discretion in imposing sanctions against counsel for misconduct, and that the counsel waived the argument regarding excessive fees by failing to raise it below.
• Shahram Lolatchy v. Arthur Murray, Inc.
  816 F.2d 951· 4th Cir.· 1987-04-21 ·cited 6×
  The district court did not abuse its discretion in entering a default judgment against the defendants due to their wilful and flagrant disregard of discovery orders and the court's authority.
• Bass v. Sw. Bell Tel., Inc.
  817 F.2d 44· 8th Cir.· 1987-04-21 ·cited 6×
  The court affirmed the district court's denial of attorneys' fees, finding no abuse of discretion.
• United States for the Use of M-Co Constr., Inc. v. Shipco Gen., Inc.
  814 F.2d 1011· 5th Cir.· 1987-04-17 ·cited 6×
  The court held that the district court did not abuse its discretion in entering a default judgment against Shipco for discovery violations, but erred in excluding evidence relevant to damages and in failing to clarify the damages theory.
• Trentacosta v. Frontier Pac. Aircraft Indus., Inc.
  813 F.2d 1553· 9th Cir.· 1987-04-08 ·cited 6×
  The court held that the district court properly dismissed the Jones Act claims against defendants other than Aero Dinámico for lack of an employer relationship, but erred in denying leave to amend the complaint to allege admiralty jurisdiction for other claims.
• Margaret Dunstan & the Dep't of Health & Rehabilitative Servs. v. Donnie Weatherspoon
  505 So. 2d 23· Fla. 3d DCA· 1987-04-07 ·cited 6×
  In a paternity action, the Florida District Court of Appeal reversed in part a trial court's child support order, holding that the father must contribute to birth expenses, provide health insurance, and pay the statutory presumptive amount in retroactive support, while affirming
• United States v. Bergman
  813 F.2d 1027· 9th Cir.· 1987-03-31 ·cited 6×
  The court held that the district court did not err in its rulings regarding the defendant's conviction for willful failure to file federal income tax returns.
• Bankruptcy v. Eakin
  814 F.2d 1501· 10th Cir.· 1987-03-27 ·cited 6×
  The court held that the district court did not err in lifting the automatic stay, and that the issue of rejecting the bankruptcy judge's findings was moot due to the district court's subsequent abstention.
• Hansen v. Guyette
  814 F.2d 547· 8th Cir.· 1987-03-25 ·cited 6×
  The court held that a union's trusteeship imposed for correcting a local union's violation of the international constitution and federal labor laws was validly imposed and enforceable by injunction.
• Carmelo Maldonado v. Lehman
  811 F.2d 1341· 9th Cir.· 1987-03-06 ·cited 6×
  The court held that the district court did not abuse its discretion in awarding attorney's fees based on the prevailing market rate and in refusing to apply a multiplier.
• Irvan v. Frozen Food Express, Inc.
  809 F.2d 1165· 5th Cir.· 1987-02-13 ·cited 6×
  The court held that the jury's failure to award future damages was not an abuse of discretion, as there was evidence to support the verdict.
• In re M/V Peacock v. M/V Peacock
  809 F.2d 1403· 9th Cir.· 1987-02-09 ·cited 6×
  The court held that the appellant failed to demonstrate that the appellees' misrepresentations prevented her from fully and fairly presenting her case, thus not meeting the standard for relief under Rule 60(b)(3).
• Manilal v. Patel
  811 F.2d 377· 7th Cir.· 1987-02-03 ·cited 6×
  The Board of Immigration Appeals did not abuse its discretion in denying Manilal Patel's application for adjustment of status, nor in denying Sharda Patel's motion to reopen.
• Swink v. City OF Pagedale
  810 F.2d 791· 8th Cir.· 1987-02-02 ·cited 6×
  The court held that the trial court did not abuse its discretion in denying a default judgment, limiting voir dire, or directing a verdict for the city, and that any error in jury instructions was harmless.
• Safferstone v. Safferstone
  501 So. 2d 165· Fla. 3d DCA· 1987-01-27 ·cited 6×
  In this marriage dissolution appeal, the Florida District Court of Appeal, Third District, affirmed the trial court's awards of rehabilitation alimony and attorney's fees to the former wife, but reversed the lump sum alimony award of the marital home and the sole parental respons
• Sorola v. The City OF Lamesa
  808 F.2d 435· 5th Cir.· 1987-01-27 ·cited 6×
  The court held that the district court did not abuse its discretion in denying attorneys' fees because the appellant's lawsuit was not a substantial factor in the city amending its ballots.
• United States v. Grant
  807 F.2d 837· 9th Cir.· 1987-01-06 ·cited 6×
  The court held that the district court abused its discretion by revoking probation for failure to pay a fine when such payment was not a stated condition of probation and the defendant received no fair prior warning that nonpayment could lead to revocation.
• Hale v. Dep't OF Energy
  806 F.2d 910· 9th Cir.· 1986-12-18 ·cited 6×
  The court held that the district court did not abuse its discretion in denying a preliminary injunction because the Mercury Road stretch within the NTS is a nonpublic forum, and the DOE's regulations were reasonable and viewpoint-neutral.
• United States v. Arroyo
  805 F.2d 589· 5th Cir.· 1986-12-12 ·cited 6×
  The court affirmed the trial judge's grant of a new trial, finding no abuse of discretion in the judge's determination that admitting co-conspirator hearsay was an error that could not be cured by instruction.
• City OF Miami v. Efraim Katz
  498 So. 2d 635· Fla. 3d DCA· 1986-12-09 ·cited 6×
• Collins v. F & J Fixtures & Crawford & Co.
  498 So. 2d 1323· Fla. 1st DCA· 1986-12-03 ·cited 6×
  Collins appeals the denial of his request for a lump-sum advance of permanent total disability benefits. The court affirmed the deputy commissioner's decision, finding that the proposed advance was not in Collins' best interest given the loss of supplemental benefits, tax consequ
• United States v. Stewart
  806 F.2d 64· 3d Cir.· 1986-11-26 ·cited 6×
  The court held that the evidence was sufficient to sustain the conviction under 18 U.S.C. § 241, and that the admission of certain testimony was not prejudicial error.
• Herring v. City OF Whitehall
  804 F.2d 464· 8th Cir.· 1986-10-31 ·cited 6×
  The court held that a district court abused its discretion by dismissing a case with prejudice when the plaintiffs were unable to pay costs and fees imposed as a condition for refiling after their attorney's nonsuit, especially when the attorney's conduct caused the nonsuit.
• United States v. Huddleston
  802 F.2d 874· 6th Cir.· 1986-10-08 ·cited 6×
  The court held that the trial court abused its discretion by admitting evidence of prior misconduct (sale of televisions) without clear and convincing proof that the televisions were stolen, as its prejudicial value outweighed its probative value.
• Doctors' Osteopathic Med. Ctr., Inc. v. Dep't OF Health & Rehabilitative Servs. & Lee Mem'l Hosp.
  498 So. 2d 478· Fla. 1st DCA· 1986-10-06 ·cited 6×·via Gross Abuse Of Discretion
  The appellate court affirmed the jury's award for damages resulting from medical negligence but reversed the award for future medical expenses due to insufficient evidence and remanded for a new trial on that issue.
• Lowe v. E.I. DuPONT de Nemours & Co.
  802 F.2d 310· 8th Cir.· 1986-09-30 ·cited 6×·via Abuse Of Discretion Standard For New Trial Motions
  The court held that the district court did not abuse its discretion in granting a new trial and that there was sufficient evidence to support the jury's verdict regarding liability and damages.
• Calhoun v. Acme Cleveland Corp. & the Cleveland Twist Drill Co.
  801 F.2d 558· 1st Cir.· 1986-09-26 ·cited 6×
  The court held that the plaintiff's fee submissions were insufficient due to a lack of detailed, contemporaneous time records and information on customary billing rates, requiring a remand for a hearing.
• Yeschick v. Dep't of Transp.
  801 F.2d 383· Fed. Cir.· 1986-09-15 ·cited 6×
  The court held that the removal penalty for absence without leave was not excessive, arbitrary, or capricious, and affirmed the Merit Systems Protection Board's decision.
• Clark Equip. Co. v. Int'l Union, Allied Indus. Workers OF Am., AFL-CIO
  803 F.2d 878· 6th Cir.· 1986-09-02 ·cited 6×
  The court held that the district court did not abuse its discretion in approving the class action settlement agreement.
• Bieganek v. Taylor
  801 F.2d 879· 7th Cir.· 1986-08-29 ·cited 6×
  The court held that the district court abused its discretion in refusing to set aside the default judgment, finding Taylor's neglect to be excusable under the circumstances.
• Francine Matusow v. Matusow
  498 So. 2d 462· Fla. 3d DCA· 1986-08-19 ·cited 6×
  In a divorce case governed by a settlement agreement obligating the husband to pay the wife's attorney's fees, the trial court awarded $29,000 in reasonable fees but required the husband to pay only $15,000. The appellate court affirmed, holding that while a settlement agreement
• Hunter v. Tex. Instruments, Inc.
  798 F.2d 299· 8th Cir.· 1986-08-11 ·cited 6×·via Abuse Of Discretion Standard For Evidentiary Rulings
  A manufacturer's disclaimer of warranties and limitation of remedies, made in a dealer's contract and meeting the UCC's requirements for conspicuousness and notice, is effective against the buyer, even if the manufacturer is not a direct party to the contract.
• In re Grand Jury Proceedings. United States v. Mallory
  797 F.2d 906· 10th Cir.· 1986-07-30 ·cited 6×
  The court held that a trial judge has discretion to deny a contempt motion if a witness shows actual danger due to compromised grand jury secrecy.
• Boatright v. Boatright
  490 So. 2d 1269· Fla. 1st DCA· 1986-07-17 ·cited 6×
  In this child custody dispute, a Florida trial court awarded shared parental responsibility to both parents but primary physical residence to the mother following divorce. The father appealed, but the appellate court affirmed, holding that trial courts have broad discretion in cu
• Haw. Carpenters' Tr. Funds v. Clarence Stone dba Maui Plastering Co.
  794 F.2d 508· 9th Cir.· 1986-07-15 ·cited 6×
  The court held that the district court did not abuse its discretion in entering a default judgment against Stone for failing to satisfy the condition of paying attorney fees and costs to set aside the initial entry of default, as Stone failed to demonstrate a meritorious defense.
• Sentinel Commc'ns Co. v. The Honorable D.C. Smith
  493 So. 2d 1048· Fla. 5th DCA· 1986-07-03 ·cited 6×
  A trial court has inherent judicial discretion to seal court records in domestic relations cases to protect the privacy rights of litigants and innocent third parties, and such an order will be upheld on review unless the movant seeking to unseal demonstrates that the original se
• Owens v. Owens
  500 So. 2d 170· Fla. 1st DCA· 1986-07-02 ·cited 6×
• Nevins v. Nat'l Labor Relations Bd.
  796 F.2d 14· 2d Cir.· 1986-06-23 ·cited 6×·via Abuse Of Administrative Discretion
  The NLRB abused its discretion by deferring to an arbitrator's decision when the issues and facts concerning the constructive discharge claim were not parallel to those presented in arbitration.
• In re Flight Transp. Corp. Sec. Litig. v. FOX & Co.
  794 F.2d 318· 8th Cir.· 1986-06-11 ·cited 6×
  The court held that the district court did not abuse its discretion in approving class-action settlements containing indemnity provisions, as the risk was tolerable and balanced against benefits received.
• Cornett v. Avco Fin. Servs.
  792 F.2d 447· 4th Cir.· 1986-06-06 ·cited 6×
  The court held that the plaintiff's failure to commence state age discrimination proceedings in the proper state forum, West Virginia, barred his ADEA suit, and the district court did not abuse its discretion in refusing to waive this requirement due to EEOC error.
• United States v. Cantu-Salinas
  789 F.2d 1145· 5th Cir.· 1986-05-15 ·cited 6×
  The court held that the trial judge did not abuse discretion in denying bail, as the defendant presented a substantial risk of flight.
• DAY v. Allstate Ins. Co.
  788 F.2d 1110· 5th Cir.· 1986-05-05 ·cited 6×
  The court held that the district court did not abuse its discretion in dismissing the plaintiff's suits with prejudice and awarding attorney's fees due to the plaintiff's willful, bad-faith, and contumacious disregard for numerous court orders and discovery obligations.
• Watkins v. Jackson
  487 So. 2d 99· Fla. 4th DCA· 1986-04-23 ·cited 6×
• Hall v. State
  487 So. 2d 1147· Fla. 1st DCA· 1986-04-22 ·cited 6×
  Hall challenges a paternity judgment entered against him, arguing the trial court abused its discretion in denying his motion to set aside the judgment. He contends he lacked proper service of the complaint and was not furnished a timely copy of the judgment. The court affirmed,
• United States v. Jonas
  786 F.2d 1019· 11th Cir.· 1986-04-14 ·cited 6×·via Abuse Of Discretion Standard For Severance
  The court held that the district court did not err in denying severance motions, admitting redacted statements, or in its handling of a potentially biased juror. The convictions were affirmed.
• Hoover v. Thompson
  787 F.2d 449· 8th Cir.· 1986-04-02 ·cited 6×
  The court held that the district court did not abuse its discretion in admitting the results of a blood alcohol test, as any break in the chain of custody went to the weight of the evidence, not its admissibility.
• Pulitzer-Polster v. Pulitzer
  784 F.2d 1305· 5th Cir.· 1986-03-21 ·cited 6×
  The court held that the district court did not abuse its discretion in dismissing the federal suit for failure to join indispensable parties, as their absence could impair their ability to protect their interests and subject the defendant to inconsistent obligations.
• Dres v. Campoy
  784 F.2d 996· 9th Cir.· 1986-03-13 ·cited 6×
  The court held that the admission of preliminary hearing testimony violated the Confrontation Clause because the prosecution failed to demonstrate the witness's unavailability and the testimony lacked sufficient indicia of reliability.
• Loughan v. Slutz Seiberling Tire & Sentry Claims Serv.
  483 So. 2d 1389· Fla. 1st DCA· 1986-03-11 ·cited 6×
  The court held that the deputy commissioner erred in denying reimbursement for shoulder injury treatment due to a causal connection, but did not err in denying reimbursement for back surgery expenses due to untimely filing.
• United States v. Cruz
  783 F.2d 1470· 9th Cir.· 1986-03-05 ·cited 6×
  The court held that the trial court did not abuse its discretion in refusing to appoint expert witnesses and in its jury instructions regarding entrapment.