Abuse Of Discretion (Standard Of Review)

12,259 Florida cases classified under this topic, plus 1,650 listed through its narrower topics · sorted by citation count · see the citation graph · browse and sort

• Oreneile Masaka v. State
  4 So. 3d 1274· Fla. 2d DCA· 2009-04-01 ·cited 50×
  Masaka appeals his convictions for attempted voluntary manslaughter and attempted robbery with a firearm, arguing that the trial court erred by excluding his cousin Panzo's admissible hearsay statements and by instructing the jury on the theory of principals without evidentiary s
• Conahan v. State
  844 So. 2d 629· Fla.· 2003-01-16 ·cited 50×
  Daniel Conahan was convicted of first-degree murder and kidnapping for the death of Richard Montgomery, whom he lured to a secluded area under the pretense of paying him to pose for nude photographs, tied to a tree, and strangled to death. The Florida Supreme Court affirmed both
• Holland v. State
  773 So. 2d 1065· Fla.· 2000-10-05 ·cited 50×
  Albert Holland was convicted of murdering Pompano Beach police officer Scott Winters during an armed robbery and attempted sexual battery. On direct appeal of his death sentence, the Florida Supreme Court affirmed his convictions and death penalty, rejecting twenty-two claims of
• United States v. Royal W. Hadfield, Jr.
  918 F.2d 987· 1st Cir.· 1990-10-31 ·cited 50×
  The court held that the district court did not err in denying a Franks hearing, admitting evidence, or in its rulings on the sufficiency of the evidence.
• Ethelene Springer v. Wal-Mart Assocs'. Grp. Health Plan
  908 F.2d 897· 11th Cir.· 1990-08-10 ·cited 50×
  A plaintiff in an ERISA breach-of-contract action must exhaust available administrative remedies under the plan before filing suit, and the district court abused its discretion by excusing this requirement without sufficient evidence of futility.
• Equal Emp. Opportunity Comm'n v. Alton Packaging Corp.
  901 F.2d 920· 11th Cir.· 1990-05-18 ·cited 50×
  The court held that while racial slurs constituted direct evidence of discrimination, the employer would have made the same decision not to promote the plaintiff due to his poor work history and lack of qualifications, rendering the error harmless. The court also affirmed the den
• United States v. Alvarez
  860 F.2d 801· 7th Cir.· 1988-10-20 ·cited 50×·via Abuse Of Discretion Standard For Evidentiary Rulings
  The court held that the evidence was insufficient for a jury to conclude that the defendant organized or managed certain individuals under the Continuing Criminal Enterprise Statute.
• Cook v. Hoppin
  783 F.2d 684· 7th Cir.· 1986-02-07 ·cited 50×
  The court held that the erroneous admission of certain hospital record statements was prejudicial and warranted a new trial, and that the district court erred in giving a 'mere accident' jury instruction.
• Hall v. Bolger
  768 F.2d 1148· 9th Cir.· 1985-08-19 ·cited 50×
  The court held that while an award of interest on attorney fees against the USPS is permissible under 39 U.S.C. § 401(1), the district court must recalculate the attorney fees in light of recent Supreme Court precedent and correct the method of interest compounding.
• Sec. & Exch. Comm'n v. Goldfield Deep Mines Co. OF Nev.
  758 F.2d 459· 9th Cir.· 1985-04-19 ·cited 50×
  The court held that interests in the ore purchase program constituted investment contracts under federal securities laws and affirmed the district court's grant of a permanent injunction and disgorgement order.
• Deakyne v. Deakyne
  460 So. 2d 582· Fla. 5th DCA· 1984-12-20 ·cited 50×
  Jane Deakyne appealed a divorce judgment, challenging the division of marital property, alimony award, and denial of attorney's fees. The appellate court affirmed the property division and alimony award but reversed the denial of attorney's fees, finding the husband had superior
• United States v. Richard
  738 F.2d 1120· 10th Cir.· 1984-07-17 ·cited 50×
  The court held that the district court did not abuse its discretion in ordering restitution, as the complexity of determining the exact amount of loss did not unduly complicate or prolong the sentencing process under the Victim and Witness Protection Act.
• Allison v. Block
  723 F.2d 631· 8th Cir.· 1983-12-28 ·cited 50×·via Abuse Of Administrative Discretion
  The court held that 7 U.S.C. § 1981a requires the Secretary of Agriculture to provide notice of deferral availability and establish uniform procedures and substantive standards for processing loan deferral requests, rather than exercising unfettered discretion.
• Nat'l Labor Relations Bd. v. Res-Care, Inc.
  705 F.2d 1461· 7th Cir.· 1983-04-26 ·cited 50×
  The court held that licensed practical nurses in a nursing home were employees, not supervisors, and that a bargaining unit composed solely of them was appropriate. The court also held that a nurse who had given notice of resignation but was still employed at the time of the elec
• Ms. Rosie Lee Pegues v. Miss. State Emp. Serv. OF the Miss. Emp. Sec. Comm'n
  699 F.2d 760· 5th Cir.· 1983-03-11 ·cited 50×
  The court held that the district court did not abuse its discretion in limiting the class to Bolivar County, but reversed and remanded regarding the dismissal of certain claims, finding that the testing issue fit the disparate impact model and that some referral evidence supporte
• United States v. Russell
  686 F.2d 35· D.C. Cir.· 1982-08-31 ·cited 50×
  Although deportation is a collateral consequence of a guilty plea that need not be explained under Rule 11, a trial court abuses its discretion under Rule 32(d) in summarily denying a motion to withdraw a plea without weighing the relevant factors, particularly when (1) the defen
• United States v. ROE
  670 F.2d 956· 11th Cir.· 1982-03-15 ·cited 50×
  The court held that the district court did not abuse its discretion in admitting co-conspirator statements, salesman statements, and extrinsic offense evidence, and that the jury selection procedure was proper.
• United States v. Hill
  655 F.2d 512· 3d Cir.· 1981-07-23 ·cited 50×·via Abuse Of Discretion Standard For Evidentiary Rulings
  The court held that the trial judge did not err in excluding expert psychological testimony due to a lack of foundation and the defendant's failure to comply with Fed.R.Crim.P. 12.2(b) notice requirements for mental condition defenses.
• Price v. Price
  389 So. 2d 666· Fla. 3d DCA· 1980-10-21 ·cited 50×
  In this consolidated divorce appeal, the Florida District Court of Appeal affirmed the trial court's decision not to award Michele Price permanent alimony and to award her only lump sum alimony, but reversed and remanded on the issue of mortgage interest credits owed to her from
• Reinders Bros., Inc. v. Rain Bird E. Sales Corp.
  627 F.2d 44· 7th Cir.· 1980-07-30 ·cited 50×
  The court held that the district court did not abuse its discretion in granting a preliminary injunction under the Wisconsin Fair Dealing Law, despite some procedural irregularities in discovery, and that the law applied to the dealership agreement.
• United States v. Will Renfro
  620 F.2d 497· 5th Cir.· 1980-06-30 ·cited 50×·via Abuse Of Discretion Standard For Evidentiary Rulings
  The court affirmed the conviction, holding that the trial court did not err in its discovery rulings, jury charge, or evidentiary decisions.
• Ferrante v. Waters
  383 So. 2d 749· Fla. 4th DCA· 1980-05-14 ·cited 50×
  Defendant Ferrante appealed an order striking her pleadings and entering a default judgment on liability for failure to comply with discovery orders. The Fourth District Court of Appeal affirmed, holding that a six-month period of total noncompliance with a discovery order justif
• Keegel v. KEY W. & Caribbean Trading Co., Inc.
  627 F.2d 372· D.C. Cir.· 1980-05-02 ·cited 50×
  The court held that the district court abused its discretion in denying the motion to set aside the default judgment because the default was not willful, the plaintiff would not be prejudiced, and the defendants alleged a meritorious defense.
• United States v. Morgan O'Brien
  618 F.2d 1234· 7th Cir.· 1980-04-08 ·cited 50×
  The court held that the admission of prior similar acts evidence, edited recorded conversations, and the prosecutor's remarks did not constitute reversible error, and affirmed the convictions.
• Equal Emp. Opportunity Comm'n v. Safeway Stores, Inc.
  611 F.2d 795· 10th Cir.· 1979-12-05 ·cited 50×·via Abuse Of Discretion Standard On Appeal
  The court held that a consent decree, even if based on an interpretation that could not have been forced through litigation, is not subject to collateral attack or modification based on subsequent changes in the law or perceived legal error, absent a showing of extreme hardship f
• United States v. Martinez
  604 F.2d 361· 5th Cir.· 1979-10-10 ·cited 50×
  The court held that the trial judge did not abuse his discretion in denying a mistrial when a juror potentially witnessed a disturbance, continuing the trial in the defendant's voluntary absence, or admitting witness testimony that was invited by the defense.
• Butler v. Polk
  592 F.2d 1293· 5th Cir.· 1979-04-11 ·cited 50×
  The court held that the garnishment action was properly removed to federal court and that the exclusion of lay witness opinions was not an abuse of discretion.
• Jacobson v. Rose
  592 F.2d 515· 9th Cir.· 1978-11-29 ·cited 50×
  The court held that the district court did not abuse its discretion in denying leave to amend the complaint to seek actual damages, and that the award of statutory damages was properly joint and several. However, the court reversed and remanded regarding the good faith defense fo
• United States v. Mitchell
  580 F.2d 789· 5th Cir.· 1978-09-21 ·cited 50×·via Abuse Of Discretion (Appellate Review)
  The Attorney General is not authorized by 42 U.S.C. § 3613 to seek compensatory or punitive damages on behalf of injured parties, as the statute limits the Attorney General to seeking equitable relief. The award of costs to the government was proper.
• United States v. Sahley
  526 F.2d 913· 5th Cir.· 1976-02-06 ·cited 50×·via Abuse Of Discretion Standard For Continuance
  The court affirmed the conviction for making a false financial statement but vacated the sentence, remanding for resentencing as a single offense.
• Flinn v. FMC Corp. & Local 9 Textile Workers Union of Am., AFL-CIO
  528 F.2d 1169· 4th Cir.· 1975-10-06 ·cited 50×
  The court held that the district court did not abuse its discretion in approving the class action settlement, as it properly considered the relevant factors and the objections raised.
• United States v. Deloy C. Ross
  511 F.2d 757· 5th Cir.· 1975-04-21 ·cited 50×
  The court held that the trial court did not err in denying the defendant's discovery requests, failing to disclose Brady material, or in the manner the government acquired documents, affirming the conviction.
• Glendal B. Webb v. Elliot L. Richardson
  472 F.2d 529· 6th Cir.· 1972-12-20 ·cited 50×
  The court held that the tribunal that ultimately upholds a claim for benefits is the only tribunal that can approve and certify attorney fees, and that fee can consider all services performed by the attorney from the initial claim filing, not exceeding 25% of past-due benefits.
• Clement A. Evans & Co., Inc. v. McALPINE
  434 F.2d 100· 5th Cir.· 1970-11-05 ·cited 50×·via Abuse Of Discretion Standard For Evidentiary Rulings
  The court held that a plaintiff in a Rule 10b-5 action must demonstrate reasonable diligence in discovering fraud, considering their sophistication and access to information.
• United States v. Darrel Dwayne Youpee
  419 F.2d 1340· 9th Cir.· 1969-12-17 ·cited 50×
  The court held that the district court did not abuse its discretion in denying the motion to withdraw the guilty plea, nor did it err in its compliance with Rule 11 or in denying separate counsel.
• Sonny Ramey and Vicky Ramey v. Haverty Furniture Cos., Inc.
  993 So. 2d 1014· Fla. 2d DCA· 2008-01-18 ·cited 49×
  The Rameys appealed the trial court's dismissal of their negligence action against Haverty Furniture for fraud on the court after the plaintiff gave false deposition testimony and interrogatory answers about his prior medical history involving headaches and neck pain, which were
• Woolf v. Woolf
  901 So. 2d 905· Fla. 4th DCA· 2005-04-20 ·cited 49×
  Marc Woolf appeals a trial court order finding him in civil contempt, denying his modification petition for reduced alimony and child support, and ordering him to pay $10,000 in attorney's fees. The Fourth District Court of Appeal reversed, holding that the contempt finding viola
• Williams v. Cruise Ships Catering & Serv. Int'l
  320 F. Supp. 2d 1347· S.D. Fla.· 2004-06-09 ·cited 49×
  The court held that the defendants' extensive business operations and significant contacts within the United States, particularly Carnival Corporation's substantial ownership and control of Costa Crociere and its subsidiaries, justified the application of the Jones Act and preclu
• Raleigh v. State
  705 So. 2d 1324· Fla.· 1997-11-13 ·cited 49×
  Bobby Allen Raleigh appeals his death sentence imposed after pleading guilty to two counts of first-degree murder for killing Douglas Cox and Tim Eberlin in June 1994. The Florida Supreme Court upheld the death sentence, finding competent substantial evidence supported multiple a
• Bogle v. State
  655 So. 2d 1103· Fla.· 1995-02-16 ·cited 49×
  Brett Bogle appeals his convictions for burglary with assault or battery, retaliation against a witness, and first-degree murder, along with his death sentence. The Florida Supreme Court affirmed all convictions and sentences, rejecting challenges to the penalty phase proceedings
• United States v. Murillo
  902 F.2d 1169· 5th Cir.· 1990-05-23 ·cited 49×·via Gross Abuse Of Discretion
  The court held that the record did not support critical factual findings regarding the extent of the defendant's illegal alien assistance business and that the district court incorrectly applied the Sentencing Guidelines, warranting a departure from the guidelines.
• Curry v. Contract Fabricators Inc. Profit Sharing Plan
  891 F.2d 842· 11th Cir.· 1990-01-09 ·cited 49×
  The court affirmed the district court's award of civil penalties and attorneys' fees, finding no abuse of discretion in waiving the exhaustion of administrative remedies or in imposing the penalty without a showing of prejudice.
• United States v. Connelly
  874 F.2d 412· 7th Cir.· 1989-05-01 ·cited 49×
  The court held that the trial judge did not abuse his discretion in admitting evidence of a prior, similar crime under Federal Rule of Evidence 404(b) because the similarities were sufficiently distinctive and probative of the defendant's identity, and the probative value was not
• Melear v. Spears
  862 F.2d 1177· 5th Cir.· 1989-01-12 ·cited 49×
  Qualified immunity shields officials if their actions were reasonably thought consistent with established rights, assessed by objective reasonableness against clearly established law.
• Bertrand v. Sava
  684 F.2d 204· 2d Cir.· 1982-06-25 ·cited 49×
  The court held that the district court impermissibly substituted its judgment for that of the District Director regarding certain factors in evaluating parole applications.
• Aviation Specialties, Inc. v. United Techs. Corp.
  568 F.2d 1186· 5th Cir.· 1978-03-06 ·cited 49×·via Abuse Of Discretion Standard For Discovery Rulings
  The court held that the district court did not abuse its discretion in curtailing discovery and properly granted summary judgment on all antitrust claims due to a lack of significant probative evidence.
• Schloetter v. Railoc OF Ind., Inc.
  546 F.2d 706· 7th Cir.· 1976-12-01 ·cited 49×
  The court held that the district court did not abuse its discretion in disqualifying defendant's counsel due to the appearance of impropriety, even if no actual confidential information was shared.
• Kennedy v. Cardwell
  487 F.2d 101· 6th Cir.· 1973-10-30 ·cited 49×
  The court held that the state trial judge did not abuse his discretion in ordering the petitioner shackled during his trials, as the petitioner failed to meet his burden of proof in the habeas corpus proceeding.
• Elmo Williams v. Field
  394 F.2d 329· 9th Cir.· 1968-04-29 ·cited 49×
  The court held that the district court did not abuse its discretion in dismissing the prisoner's complaint as frivolous, considering the prisoner's prior litigation history.
• Bryant v. State
  34 Fla. 291· Fla.· 1894-06-01 ·cited 49×
  Dan Bryant was convicted of first-degree murder in Marion County Circuit Court and sentenced to death. On appeal to the Florida Supreme Court, Bryant challenged the trial court's denial of a continuance, alleged improper jury oaths, claimed the court erred in refusing requested j