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

• Georgia-Florida-Alabama Transp. Co. v. Interstate Commerce Comm'n & United States
  614 F.2d 1078· 5th Cir.· 1980-04-04 ·cited 6×
  The court held that the Interstate Commerce Commission's decision to grant temporary motor carrier authority was not arbitrary, capricious, or an abuse of discretion, and was supported by evidence in the record.
• Am. Dairy Queen Corp. v. Brown-Port Co.
  621 F.2d 255· 7th Cir.· 1980-03-25 ·cited 6×
  A preliminary injunction cannot be granted based solely on the potential irreparable harm to a non-party sublessee; the plaintiff must demonstrate irreparable harm to itself.
• In re Boston & Me. Corp. v. The First Nat'l Bank OF Boston
  618 F.2d 137· 1st Cir.· 1980-03-13 ·cited 6×
  The court held that the Reorganization Court did not abuse its discretion in denying bondholders' petitions for interest payments on first mortgage bonds due to delays in approving a tender offer, nor did it err in its findings of fact and conclusions of law.
• Bowe v. Bd. OF Election Comm'rs OF the City OF Chicago
  614 F.2d 1147· 7th Cir.· 1980-02-13 ·cited 6×
  The court held that the district court did not abuse its discretion in denying a preliminary injunction, as the plaintiffs failed to demonstrate a likelihood of success on the merits due to an undeveloped factual record regarding the signature requirements.
• United States v. Wyatt
  611 F.2d 568· 5th Cir.· 1980-02-07 ·cited 6×
  The court held that admitting exhibits stamped 'counterfeit' with a cautionary instruction was not an abuse of discretion, and sufficient evidence supported the intent element for the convictions.
• Fred Lowenschuss for Fred Lowenschuss Assocs. Pension Plan v. C.G. Bluhdorn
  613 F.2d 18· 2d Cir.· 1980-01-09 ·cited 6×
  The court affirmed the district court's approval of a settlement, finding no abuse of discretion, and also affirmed orders disqualifying the class representative and denying motions to add defendants and disqualify counsel.
• Fuhrman v. Livaditis
  611 F.2d 203· 7th Cir.· 1979-12-17 ·cited 6×
  The court held that the registering court did not abuse its discretion by denying a motion for relief from judgment without prejudice, allowing it to be presented to the court that originally entered the judgment.
• Haycraft v. Hollenbach
  606 F.2d 128· 6th Cir.· 1979-09-17 ·cited 6×
  The court held that the district court did not abuse its discretion in awarding attorneys' fees against an intervenor under the Emergency School Aid Act of 1972, as the intervenor's actions necessitated further litigation and imposed a barrier to constitutional rights.
• McDONALD Constr. Co. v. Seaboard Coast Line R.R. Co.
  375 So. 2d 856· Fla. 2d DCA· 1979-09-05 ·cited 6×
  McDonald Construction Company appeals a trial court's order granting a new trial after a jury verdict found Seaboard Coast Line Railroad Company 100% negligent for a train-tractor collision. The appellate court affirmed the new trial order, applying the deferential abuse-of-discr
• Marshall v. Allyson M. Marshall
  375 So. 2d 1082· Fla. 1st DCA· 1979-09-05 ·cited 6×
  In a child custody dispute, the father appealed the trial court's award of custody to the mother of their two-year-old child. The appellate court reversed, holding that the tender years doctrine cannot be applied as an inflexible rule favoring the mother, and that the best intere
• Milford A. Campbell v. Spectrum Automation Co.
  601 F.2d 246· 6th Cir.· 1979-06-27 ·cited 6×
  The court affirmed the district court's award of costs and attorneys' fees, finding that Campbell's conduct in denying he was not the inventor of patent '600 and failing to admit prior sales of patent '553 justified the awards under 35 U.S.C. § 285 and Fed.R.Civ.P. 37(c), respect
• NCNB Corp. v. The Bd. OF Governors OF the Fed. Reserve Sys.
  599 F.2d 609· 4th Cir.· 1979-06-15 ·cited 6×
  The court held that the Board of Governors' order denying NCNB permission to retain ownership of its insurance subsidiaries was not arbitrary or capricious and that the application was not deemed granted due to the Board's timely action.
• Harper v. City OF Tampa
  374 So. 2d 1385· Fla. 2d DCA· 1979-05-18 ·cited 6×
  The appellate court held that the trial judge abused his discretion in granting a new trial based on the jury's finding of zero negligence on the part of the plaintiff, as the evidence supported the jury's conclusion.
• Estes v. S. Pac. Transp. Co.
  598 F.2d 1195· 10th Cir.· 1979-05-14 ·cited 6×·via Manifest Abuse Of Discretion
  The court affirmed the trial court's judgment, holding that the locomotive unit was not in use under the Boiler Inspection Act and that the jury's award was not so inadequate as to warrant a new trial.
• Pre-Fab Transit Co. v. United States & Interstate Commerce Comm'n
  595 F.2d 384· 7th Cir.· 1979-03-30 ·cited 6×·via Arbitrary, Capricious, Or Abuse Of Discretion Standard
  The court held that the ICC's denial of Pre-Fab's application was supported by substantial evidence and was not arbitrary, capricious, or an abuse of discretion, even if it arguably departed from prior precedent.
• United States v. Gaby Habib Semaan
  594 F.2d 1215· 8th Cir.· 1979-03-21 ·cited 6×
  The court held that the district court did not err in admitting evidence of prior misconduct, in its jury instructions, or in its handling of a jury question during deliberations.
• United States v. McCASKILL
  585 F.2d 189· 6th Cir.· 1978-10-19 ·cited 6×·via Abuse Of Discretion Standard For Continuance
  The court held that the defendant knowingly and intelligently waived his right to counsel and was aware of the dangers of self-representation, and that the denial of a continuance was not an abuse of discretion.
• Stenographic Machs., Inc. v. Reg'l Adm'r FOR Emp. & Training of the United States Dep't of Labor
  577 F.2d 521· 7th Cir.· 1978-08-10 ·cited 6×
  The court held that an employer's refusal to use the job bank system, coupled with corroborating information from a union and the State Employment Service, can support the denial of an alien employment certification, even if the employer challenges the reliability of the ISES dat
• Sumner v. Tart
  362 So. 2d 344· Fla. 1st DCA· 1978-08-09 ·cited 6×
  Wife's appeal of a child support modification order is partially successful: the trial court's award of a $25 monthly increase is upheld as not an abuse of discretion, but the court erred in awarding the federal income tax deduction to husband and in denying wife's attorney's fee
• Lydia Esther Mercado Vda. De Alvarez v. Wollard Aircraft Equip., Inc.
  574 F.2d 654· 1st Cir.· 1978-05-02 ·cited 6×
  The court held that the district court did not abuse its discretion in finding the witness unqualified to give expert testimony, and therefore did not err in granting directed verdicts.
• LA Fever, Inc. v. All-Star Ins. Corp.
  571 F.2d 1367· 5th Cir.· 1978-04-28 ·cited 6×
  A trial court's denial of a new trial motion based on a recanting witness will not be disturbed unless there is a clear abuse of discretion, and the appellate court reviews the findings for clear error.
• Courtney v. State
  358 So. 2d 1107· Fla. 3d DCA· 1978-04-25 ·cited 6×
  Phillip Brannon Courtney was convicted by jury of two counts of first degree murder and two counts of attempted first degree murder, receiving consecutive life sentences plus an additional 15 years. The Florida District Court of Appeal affirmed the conviction, holding that allege
• Jochum v. Schmidt
  570 F.2d 1229· 5th Cir.· 1978-04-06 ·cited 6×
  The court held that denying a motion to continue and conditioning a voluntary non-suit on payment of costs and attorney's fees was not an abuse of discretion.
• OI LAN LEE v. Dist. Dir. OF the Immigr. & Naturalization Serv. AT LOS Angeles
  573 F.2d 592· 9th Cir.· 1978-03-21 ·cited 6×
  The court held that the Immigration and Naturalization Service (I&NS) did not abuse its discretion in revoking a visa petition based on blood test results that cast sufficient doubt on the claimed kinship, even if not conclusively excluding it.
• Benz v. Benz
  355 So. 2d 214· Fla. 1st DCA· 1978-02-23 ·cited 6×
  Robert Benz appealed from an order modifying child support and alimony in his divorce case. The Florida appellate court affirmed the increase in child support but reversed the increase and extension of rehabilitative alimony, finding insufficient evidence to support the modificat
• Royal Castle Sys., Inc. v. Fields
  354 So. 2d 947· Fla. 3d DCA· 1978-02-03 ·cited 6×
  The appellate court held that the trial court did not abuse its discretion in granting a new trial, and that the defendants' motion for a directed verdict was without merit.
• United States v. Wilford Reynolds Oliver
  571 F.2d 664· D.C. Cir.· 1978-02-01 ·cited 6×
  The court held that the district court did not abuse its discretion in denying the defendant's request for a continuance on the day of trial to retain new counsel.
• Malone & Hyde, Inc. v. United States
  568 F.2d 474· 6th Cir.· 1978-01-20 ·cited 6×
• Blount v. Jugoslavenska Linijska Plovidba
  567 F.2d 583· 3d Cir.· 1977-12-08 ·cited 6×
  The court held that granting each party an additional peremptory challenge in lieu of ruling on challenges for cause constitutes reversible error under 28 U.S.C. § 1870.
• Wray v. Williams
  352 So. 2d 152· Fla. 2d DCA· 1977-11-23 ·cited 6×
  A Florida appellate court affirmed a trial judge's decision to award custody of two minor girls to their biological father after nine years of custody with their paternal grandmother. The court held that the grandmother failed to demonstrate a clear abuse of discretion, as the tr
• United States v. Taylor
  562 F.2d 572· 8th Cir.· 1977-09-23 ·cited 6×·via Abuse Of Discretion Standard For Evidentiary Rulings
  The court held that charging and trying the defendant on two distinct but seemingly inconsistent counts did not violate double jeopardy, and the admission of expert testimony and sufficiency of evidence were not grounds for reversal.
• La. Consumer's League, Inc. v. La. State Bd. OF Optometry Exam'rs
  557 F.2d 473· 5th Cir.· 1977-08-12 ·cited 6×
  The court held that a recent Supreme Court decision mandates reconsideration of the denial of a preliminary injunction against statutes prohibiting the price advertising of prescription eyeglasses.
• Bonsukan v. United States Immigr. & Naturalization Serv. & Patrick F. Coomey
  554 F.2d 2· 1st Cir.· 1977-04-25 ·cited 6×
  The court held that the Board of Immigration Appeals did not abuse its discretion in denying the petitioner's motion to reopen deportation proceedings.
• United States v. DE LA Fuente
  550 F.2d 309· 5th Cir.· 1977-04-08 ·cited 6×·via Gross Abuse Of Discretion
  The court held that the appellant's sentence was not an illegal sentence and that the trial court did not abuse its discretion in denying first-offender treatment.
• Hahn v. First Nat'l Bank OF Delray Beach
  345 So. 2d 345· Fla. 4th DCA· 1977-03-25 ·cited 6×·via Abuse Of Discretion Standard On Appeal
  The Fourth District Court of Appeal reversed a trial court's dismissal of an action for lack of prosecution, holding that the case did not qualify for dismissal under Florida Rule of Civil Procedure 1.420(e) because the plaintiff propounded interrogatories immediately before the
• In re Tenn v. First Hawaiian Bank
  549 F.2d 1356· 9th Cir.· 1977-03-15 ·cited 6×
  The court held that recording a deed known to be false to obtain credit constitutes a false statement of financial condition under 11 U.S.C. § 32(c)(3), justifying denial of discharge.
• United States v. Williams
  561 F.2d 859· D.C. Cir.· 1977-02-23 ·cited 6×·via Abuse Of Discretion Standard For Evidentiary Rulings
  The court denied a sua sponte suggestion for rehearing en banc.
• Paine v. Inmobiliaria Melia de Puerto RICO, Inc.
  543 F.2d 3· 2d Cir.· 1976-10-12 ·cited 6×
  The court held that the district court did not abuse its discretion in entering a default judgment as a sanction for the defendant's willful failure to comply with discovery orders.
• Dorman v. Dorman
  332 So. 2d 358· Fla. 1st DCA· 1976-05-24 ·cited 6×
  In this Florida dissolution of marriage case, the wife appeals the trial court's judgment denying her adequate alimony, assets, child support, and a special equity in proceeds from the sale of her husband's corporate stock. The appellate court affirmed the awards of alimony, supp
• In re Ranchero Motor INN, Inc. v. Wetzel
  527 F.2d 1044· 9th Cir.· 1975-12-31 ·cited 6×
  The court held that the bankruptcy court did not abuse its discretion in disallowing reimbursement for expenses incurred before the date of accurate accounting due to the management company's gross negligence and in denying the return of the bid deposit, which had already been re
• Markgraf v. Wolfgang Herbert Albert Markgraf
  320 So. 2d 27· Fla. 2d DCA· 1975-10-03 ·cited 6×
• Singer v. Mahoning Cnty. Bd. OF Mental Retardation & Mahoning Cnty. Sch. for the Retarded
  519 F.2d 748· 6th Cir.· 1975-07-18 ·cited 6×
  The Eleventh Amendment does not bar awards against a county's treasury, and the district court did not abuse its discretion in awarding attorney fees.
• Econ. Dev. Corp. v. Model Cities Agency
  519 F.2d 740· 8th Cir.· 1975-06-30 ·cited 6×
  The court held that the District Court did not abuse its discretion in denying the preliminary injunction because the appellants failed to establish a substantial probability of success on the merits regarding breach of contract or violation of citizen participation requirements.
• State v. Riggins
  314 So. 2d 238· Fla. 4th DCA· 1975-06-13 ·cited 6×
  The appellate court held that the trial court abused its discretion in granting a new trial based on the sufficiency of the evidence when ample evidence supported the jury's verdict.
• C & C Prods., Inc. v. Fid. & Deposit Co. OF Md.
  512 F.2d 1375· 5th Cir.· 1975-05-21 ·cited 6×·via Abuse Of Discretion Standard For Evidentiary Rulings
  The court held that the federal action was barred by res judicata and that the trial court did not err in admitting evidence or instructing the jury on attorney's fees.
• United States v. Edmond Bruce Noland, Jr.
  510 F.2d 1093· 4th Cir.· 1975-02-10 ·cited 6×
  The court held that the district court did not abuse its discretion by not sentencing the defendant under the Young Adult Offenders Act, as the judge considered the Act and found the defendant would not benefit.
• Joseph Muller Corp. Zurich v. Societe Anonyme de Gerance ET D'Armement
  508 F.2d 814· 2d Cir.· 1974-12-31 ·cited 6×·via Abuse Of Discretion Standard For Trial Court Rulings
  The court held that the district court did not abuse its discretion in dismissing the action for failure to prosecute due to an unexplained and unreasonable delay in service.
• Bergeron v. Cent. Freight Lines, Inc.
  504 F.2d 889· 5th Cir.· 1974-12-09 ·cited 6×
  The court held that the trial court did not abuse its discretion in denying a motion for a new trial based on the jury verdict being against the great weight of the evidence.
• Bridgeport Guardians, Inc. v. Members OF the Bridgeport Civil Serv. Comm'n
  497 F.2d 1113· 2d Cir.· 1974-06-03 ·cited 6×
  The court affirmed the district court's decisions regarding hiring quotas and the modification of the sergeant eligibility list duration, and also affirmed the denial of attorneys' fees.
• League OF Voluntary Hosps. & Homes OF NEW York v. Local 1199
  490 F.2d 1398· Temp. Emer. Ct. App.· 1973-12-20 ·cited 6×·via Abuse Of Discretion Standard On Appeal
  The court held that the district court did not err in granting a preliminary injunction, adjudging the Union in civil contempt, and imposing fines, as the CLC regulations had a rational basis and the Union violated court orders.