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

• Manis v. Prudhomme
  278 So. 2d 292· Fla. 4th DCA· 1973-05-29 ·cited 6×
• Choc-Ola Bottlers, Inc. v. Nat'l Labor Relations Bd.
  478 F.2d 461· 7th Cir.· 1973-05-14 ·cited 6×
  The dissenting judge believes the Board did not abuse its discretion in determining Viles was eligible to vote, despite his discharge for cause on election day.
• Ochoa v. Concepcion Ochoa
  275 So. 2d 267· Fla. 3d DCA· 1973-03-27 ·cited 6×
  In this dissolution of marriage case, the appellant husband challenges the trial court's award of attorneys' fees and costs to the appellee. The court affirms the award, finding no abuse of discretion by the trial judge in setting reasonable fees for the appellee's counsel, parti
• Primato v. Primato
  274 So. 2d 568· Fla. 3d DCA· 1973-03-13 ·cited 6×
  In this Florida family law appeal, the wife challenged the adequacy of child support and rehabilitative alimony awards in a dissolution of marriage decree. The appellate court affirmed the child support award but found the alimony amount ($15/week for one year) was an abuse of di
• United States v. Vardell McPHATTER
  473 F.2d 1356· 5th Cir.· 1973-02-12 ·cited 6×·via Abuse Of Discretion Standard For Continuance
  The court held that the indictment was adequate, the denial of a continuance was not an abuse of discretion, the prosecutor's remarks were not reversible error, and the search warrant was valid.
• Watson v. State
  270 So. 2d 407· Fla. 3d DCA· 1972-12-12 ·cited 6×
  Elmer Watson was convicted of first-degree murder and sentenced to life imprisonment. He appealed, arguing the trial court abused its discretion by refusing to grant a mistrial after a courtroom outburst by a bystander during the prosecutor's closing argument.
• United States v. McCLAIN
  469 F.2d 68· 3d Cir.· 1972-10-20 ·cited 6×
  The court held that there was sufficient evidence to support the conviction and that the trial court did not err in admitting testimony from witnesses who violated a sequestration order or in allowing a prosecutor's comment on the lack of defense alibi witnesses.
• United States v. Littlepage
  465 F.2d 63· 5th Cir.· 1972-08-14 ·cited 6×
  The court held that the defendant failed to meet the requirements for a new trial based on newly discovered evidence, as the evidence was cumulative, not newly discovered, and unlikely to produce a different result.
• Embrey v. Hampton
  470 F.2d 146· 4th Cir.· 1972-07-03 ·cited 6×
  The court held that Embrey's discharge from the Post Office was lawful and not arbitrary, capricious, or an abuse of discretion, despite mitigating circumstances.
• Dewey v. Farchone
  460 F.2d 1338· 7th Cir.· 1972-05-03 ·cited 6×
  The court held that the district court did not abuse its discretion in dismissing the personal injury claim with prejudice for failure to exercise reasonable diligence in obtaining service after the statute of limitations had expired.
• Haviv Schieber v. Immigr. & Naturalization Serv.
  461 F.2d 1078· 2d Cir.· 1972-04-25 ·cited 6×
  The Board of Immigration Appeals did not abuse its discretion in denying the petitioner's motion to reopen deportation proceedings.
• United States v. Rickey
  457 F.2d 1027· 3d Cir.· 1972-03-29 ·cited 6×·via Abuse Of Discretion Standard For Severance
  The court held that the joinder of defendants was proper, severance was not required, and the trial court's rulings and jury instructions did not constitute reversible error.
• Brinks v. State OF Ala. & W. S. Furlow
  465 F.2d 446· 5th Cir.· 1972-03-01 ·cited 6×
  The court held that the evidence presented met the standard for reasonable doubt of the accused's sanity, and the trial court erred in denying the statutory sanity inquiry.
• West v. Jutras
  456 F.2d 1222· 2d Cir.· 1972-02-09 ·cited 6×
  The court held that the jury's award of damages was not so excessive as to warrant a remittitur or a new trial.
• Nat'l Labor Relations Bd. v. Hardy-Herpolsheimer Div. OF Allied Stores OF Mich., Inc.
  453 F.2d 877· 6th Cir.· 1972-01-21 ·cited 6×
  The court enforced the Board's bargaining order, finding substantial evidence supported the Board's resolution of ballot challenges.
• In re Penn Cent. Transp. Co.
  455 F.2d 976· 3d Cir.· 1972-01-20 ·cited 6×
  The court held that the district court did not abuse its discretion in denying the shareholders' petition to intervene in the railroad reorganization proceeding.
• United States v. Sheley
  447 F.2d 455· 9th Cir.· 1971-08-18 ·cited 6×
  The court held that the evidence was sufficient to sustain the conviction and that any errors were harmless.
• Am. Fam. Life Assurance Co. OF Columbus v. AETNA Life Ins. Co.
  446 F.2d 1178· 5th Cir.· 1971-08-13 ·cited 6×·via Abuse Of Discretion Standard On Appeal
  The court held that the district court did not abuse its discretion in denying the plaintiff's motion for a preliminary injunction.
• Morton E. Schneider v. Elliott Richardson
  441 F.2d 1320· 6th Cir.· 1971-04-28 ·cited 6×
  The Social Security Act precludes judicial review of legal fees awarded by the Secretary to an attorney representing a claimant at the administrative level.
• Nilda Jimenez Reyes v. Harlow B. Carter
  441 F.2d 734· 9th Cir.· 1971-04-14 ·cited 6×
  The court held that the District Court correctly applied the abuse of discretion standard in upholding the INS decision denying a preference classification.
• United States v. Bedrettin Y. and Annamarie Gunc
  435 F.2d 465· 8th Cir.· 1970-12-16 ·cited 6×
  The court held that the district court did not abuse its discretion in dismissing the civil tax suit without prejudice under Rule 41(a)(2).
• In re Bemporad Carpet Mills, Inc. v. Walter E. Heller & Co.
  434 F.2d 988· 5th Cir.· 1970-11-20 ·cited 6×
  The court held that the District Court did not abuse its discretion in awarding attorney's fees, even if the attorney sought a higher amount.
• Stavros C. Thomaidis and Helena Thomaidis v. Immigr. & Naturalization Serv.
  431 F.2d 711· 9th Cir.· 1970-09-18 ·cited 6×
  The court held that the Board of Immigration Appeals did not abuse its discretion in denying discretionary relief under Section 245 of the Immigration and Nationality Act.
• United States v. Moore
  427 F.2d 1020· 10th Cir.· 1970-06-08 ·cited 6×
  The dissenting judge believes the district court abused its discretion by issuing a protective order that improperly interfered with the FAA's administrative disciplinary actions against its employees, violating the principle of separation of powers.
• Melvyn Hiller v. Sec. & Exch. Comm'n
  429 F.2d 856· 2d Cir.· 1970-06-04 ·cited 6×·via Gross Abuse Of Discretion
  The court held that a broker-dealer's recommendation of securities without a reasonable basis, especially when based on unconfirmed rumors, constitutes a fraudulent course of business, and the president of the firm is responsible for such conduct.
• Stopko v. Penn Dunlop Farrington and Cecil Farrington
  235 So. 2d 28· Fla. 4th DCA· 1970-05-06 ·cited 6×·via Abuse Of Discretion Standard For New Trial Motions
  The trial court conditionally granted defendants a new trial on damages, requiring plaintiffs to remit portions of their jury verdict or face retrial. The appellate court reversed, finding the trial judge abused his discretion in determining the verdict was excessive.
• United States ex rel. Lee Pao FEN v. Esperdy
  423 F.2d 6· 2d Cir.· 1970-03-12 ·cited 6×
  The court held that the denial of a stay of deportation was not an abuse of discretion, as the alien's conduct was dilatory and lacked good faith.
• Rodgers v. United States
  413 F.2d 251· 10th Cir.· 1969-07-09 ·cited 6×
  The court held that the district court did not abuse its discretion in revoking probation and had jurisdiction to impose sentence. The validity of the original conviction cannot be raised for the first time on appeal from a probation revocation order.
• In re Garvin Props., Inc. v. AETNA Life Ins. Co.
  411 F.2d 594· 5th Cir.· 1969-05-19 ·cited 6×
  The court held that the bankruptcy referee's award of $4,000.00 in attorneys' fees did not constitute a clear abuse of discretion.
• In re Est. of Arthur Peter Norregaard v. Carlisle
  220 So. 2d 653· Fla. 3d DCA· 1969-03-18 ·cited 6×
  In this estate administration case, the court affirmed a trial judge's discretionary decision to extend the time for filing objections to creditor claims against a deceased's estate. The court held that the trial judge properly exercised discretion under Florida statute by findin
• Wong KAM Cheung v. Immigr. & Naturalization Serv.
  408 F.2d 35· 2d Cir.· 1969-03-07 ·cited 6×
  An alien is entitled to make only one designation of a country for deportation, and the Board of Immigration Appeals correctly denied a motion to withdraw that designation when it was found to be a dilatory tactic.
• Langston Hughes v. Pa. R.R. Co.
  409 F.2d 460· D.C. Cir.· 1969-02-18 ·cited 6×
  The court held that the District Court abused its discretion by certifying the case on the day of trial without articulated reasons and potentially by improperly evaluating evidence.
• Nevels v. McCALL
  407 F.2d 390· 5th Cir.· 1969-02-05 ·cited 6×
  The court held that the trial court did not abuse its discretion in dismissing the case without prejudice for failure to prosecute or comply with court orders.
• Presha v. State
  216 So. 2d 790· Fla. 2d DCA· 1968-12-20 ·cited 6×
  The appellate court held that the trial court did not abuse its discretion in denying the defendant's motion for credit time for pre-sentencing incarceration.
• Anne Burton v. Burton
  216 So. 2d 480· Fla. 4th DCA· 1968-12-12 ·cited 6×
  A trial court has discretion to reduce prospective temporary alimony payments even when the defendant is in arrears, but lacks authority to compel the alimony obligee to join in a mortgage of jointly held property.
• Honeywell, Inc. v. Florence L. Haley & the Fla. Indus. Comm'n
  216 So. 2d 745· Fla.· 1968-11-27 ·cited 6×
  Honeywell and its insurance carrier petitioned for certiorari challenging a Florida Industrial Commission order that relieved an indigent employee of most transcript preparation costs in a workers' compensation appeal. The Supreme Court upheld the Commission's authority to waive
• Byes v. United States
  402 F.2d 492· 8th Cir.· 1968-11-06 ·cited 6×
  The court held that the trial court did not abuse its discretion in denying the defendant's motion to withdraw his guilty plea.
• Nat'l Labor Relations Bd. v. Int'l DIE Sinkers' Conf.
  402 F.2d 407· 7th Cir.· 1968-10-18 ·cited 6×·via Abuse Of Discretion Standard For Evidentiary Rulings
  The court held that the National Labor Relations Board properly awarded disputed work to Technicians and did not abuse its discretion in refusing to admit cumulative evidence in the unfair labor practice proceeding.
• Ill. Sci. Developments, Inc. v. Honorable John J. Sirica
  410 F.2d 237· D.C. Cir.· 1968-01-10 ·cited 6×
  The court held that the district court abused its discretion by transferring the case without sufficient evidence that the action could have been brought in the transferee district.
• United States v. Honorable Sarah T. Hughes
  388 F.2d 236· 5th Cir.· 1968-01-05 ·cited 6×
  The court held that mandamus was not appropriate for the Miami case, denying the government's petition, but ordered further briefing and argument for the Dallas cases.
• Peterson v. State
  206 So. 2d 700· Fla. 3d DCA· 1967-12-27 ·cited 6×
  Peterson appealed the denial of his motion to withdraw a nolo contendere plea and substitute a plea of not guilty by reason of insanity. The Florida appellate court held that the trial judge abused his discretion in denying the motion, as the ends of justice would be served by al
• GLO Co. v. Murchison & Co.
  397 F.2d 928· 3d Cir.· 1967-12-20 ·cited 6×
  A district court has the inherent power to dismiss an action for failure to prosecute, even without a specific rule, and such dismissal is reviewed for abuse of discretion.
• Am. Flyers Airline Corp. v. Farrell
  385 F.2d 936· 2d Cir.· 1967-11-22 ·cited 6×
  A writ of mandamus will not be issued to compel the transfer of tort actions under 28 U.S.C. § 1404(a) when the lower court has exercised its discretion, as mandamus is reserved for truly extraordinary causes and not for correcting mere errors.
• United States v. Press
  384 F.2d 955· 3d Cir.· 1967-10-19 ·cited 6×
  The court held that the trial court did not abuse its discretion in denying the defendant's motion to withdraw his guilty plea.
• Carter Elec. Co. & Gen. Ins. Co. of Am. v. The Travelers Indem. Co. & Beacon Constr. Co. of Mass., Inc.
  382 F.2d 567· 10th Cir.· 1967-08-09 ·cited 6×
  The court held that the trial court did not err in striking the claim for punitive damages, denying pre-judgment interest, or in its findings regarding performance delays and set-offs, and that any error in denying further discovery was not prejudicial.
• Hyppolite v. Immigr. & Naturalization Serv.
  382 F.2d 98· 7th Cir.· 1967-07-13 ·cited 6×
  The court held that the Attorney General's denial of withholding deportation was not arbitrary and thus affirmed the dismissal of the petition for review.
• Szostak v. R.R. Ret. Bd.
  370 F.2d 253· 2d Cir.· 1966-12-02 ·cited 6×
  The court held that the Board did not abuse its discretion in denying an untimely appeal, as reopening the claim would have been legally futile.
• United States v. Procario
  361 F.2d 683· 2d Cir.· 1966-06-03 ·cited 6×
  The court held that the taxation of costs, including stenographers' fees for daily transcript copy, was within the district court's discretion and affirmed the order.
• Lemons v. United States
  337 F.2d 619· 9th Cir.· 1964-10-14 ·cited 6×·via Abuse Of Discretion Standard For Continuance
  The court held that the trial court did not abuse its discretion in denying the defendant's motion for a continuance.
• Little v. Sullivan
  166 So. 2d 697· Fla. 3d DCA· 1964-08-04 ·cited 6×
  Appellants Carl and Vera Little appealed a judgment rendered on a jury verdict in favor of Joseph Sullivan in a motor vehicle collision case. The appeal raised three issues: whether the trial court abused its discretion in reinstating a dismissed action, whether the court erred i