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

• In re Litigation
  948 F.2d 1358· 2d Cir.· 1991-11-12 ·cited 5×
  The court held that Lead/Liaison Counsel had the authority to negotiate and propose settlements, and that the settlements were fair and reasonable, despite objections regarding judgment-reduction provisions.
• Villa Marina Yacht Sales, Inc. v. Hatteras Yachts
  947 F.2d 529· 1st Cir.· 1991-10-22 ·cited 5×
  The court held that the district court did not abuse its discretion in dismissing the federal case under the Colorado River doctrine, finding exceptional circumstances warranted deference to parallel state court proceedings.
• Lamb-Weston, Inc. v. McCAIN Foods, Ltd.
  941 F.2d 970· 9th Cir.· 1991-08-12 ·cited 5×
  The court held that the preliminary injunction was not an abuse of discretion, as the district court did not clearly err in its findings regarding probable success on the merits, the geographic scope, or the duration of the injunction.
• Greenbriar Condo. Ass'n, Inc. v. Padgett
  583 So. 2d 1100· Fla. 4th DCA· 1991-07-31 ·cited 5×
  Under Florida Rule of Civil Procedure 1.550(a), a trial court must issue execution on a final judgment upon request without discretion, and may deny execution only upon a properly filed motion for stay under subsection (b) showing good cause, which was not done here.
• United States v. Showalter
  933 F.2d 573· 7th Cir.· 1991-05-30 ·cited 5×
  The court held that the length of supervised release imposed was unauthorized by statute, but the condition prohibiting association with white supremacist groups was permissible.
• Pennsylvania Blue Shield v. Wolfe
  575 So. 2d 1361· Fla. 3d DCA· 1991-03-12 ·cited 5×
  Pennsylvania Blue Shield appeals a bench trial judgment in favor of physician Dr. Wolfe seeking payment for medical services. The court affirmed, holding that the trial court properly denied the insurer's motion to dismiss for failure to prosecute and that sufficient evidence sup
• Freidus v. First Nat'l Bank OF Council Bluffs
  928 F.2d 793· 8th Cir.· 1991-03-08 ·cited 5×
  The court held that the district court did not abuse its discretion in admitting settlement negotiation letters and excluding evidence of tax consequences, and that jury instructions were not erroneous.
• State OF Ala. v. The United States Env't Prot. Agency
  925 F.2d 385· 11th Cir.· 1991-03-01 ·cited 5×
  The court held that the district court erred in discharging the State of Alabama from its obligation on the injunction bond, as the prior appellate decision did not moot the bond issue and the equitable factors cited were insufficient to justify discharge.
• In re Est. OF Camille P. Bryan
  576 So. 2d 344· Fla. 4th DCA· 1991-02-20 ·cited 5×
  This case involves a dispute over fees awarded to Sun Bank, serving as personal representative of Camille Bryan's estate, and its attorneys. The Fourth District Court of Appeal reversed in part, finding that the trial court abused its discretion by basing fees on an inflated esta
• Stinson, Lyons, Gerlin & Bustamante, P.A. v. Brickell Bldg. 1 Holding Co., Inc.
  923 F.2d 810· 11th Cir.· 1991-02-08 ·cited 5×·via Abuse Of Discretion Standard For Evidentiary Rulings
  The court held that the lease authorized the landlord's renovations, and the renovations did not constitute a constructive eviction because the landlord acted within its contractual rights and reasonably. The court also affirmed the trial court's evidentiary rulings.
• McLAWHORN v. John W. Daniel & Co.
  924 F.2d 535· 4th Cir.· 1991-01-30 ·cited 5×
  The court affirmed the district court's denial of the Rule 60(b) motion, finding no abuse of discretion.
• In re Int'l Yacht & Tennis, Inc. v. Wasserman
  922 F.2d 659· 11th Cir.· 1991-01-28 ·cited 5×
  The court held that the bankruptcy court erred in denying the motion for reconsideration and that the district court erred in affirming the Rule 11 sanctions, as the motion raised sufficient allegations of fraud and lack of consideration.
• United States v. Foote
  920 F.2d 1395· 8th Cir.· 1990-12-10 ·cited 5×
  The court held that the district court did not abuse its discretion in denying severance, admitting the affidavit, or in sentencing the defendants, and that the evidence was sufficient to support the convictions.
• United States v. Giambrone
  920 F.2d 176· 2d Cir.· 1990-12-04 ·cited 5×
  The court held that the district court did not abuse its discretion in dismissing the indictment with prejudice due to Speedy Trial Act violations, considering the seriousness of the offense, the circumstances leading to dismissal, and the impact on the administration of justice.
• Luc Chery v. Bowman
  901 F.2d 1053· 11th Cir.· 1990-05-22 ·cited 5×
  The court held that the defendant's contacts with Florida were insufficient to establish personal jurisdiction, and the denial of the motion to alter the judgment was not an abuse of discretion.
• Gov't of the Virgin Islands v. Edwards
  903 F.2d 267· 3d Cir.· 1990-05-18 ·cited 5×
  The court held that a defendant's failure to object to a magistrate presiding over jury selection does not waive the issue for appeal, but the conviction is affirmed if the defendant did not object. The court also held that the denial of a Rule 41(e) motion for return of property
• Oluyemi v. Immigr. & Naturalization Serv.
  902 F.2d 1032· 1st Cir.· 1990-05-11 ·cited 5×
  The court held that the immigration judge did not abuse discretion in denying the petitioner's requests to stay deportation proceedings or to depart voluntarily.
• Gullett v. Armontrout
  894 F.2d 308· 8th Cir.· 1990-01-19 ·cited 5×
  The court held that the district court did not abuse its discretion in denying the habeas corpus petition on successive petition and abuse of the writ grounds.
• Morongo Band OF Mission Indians v. Rose
  893 F.2d 1074· 9th Cir.· 1990-01-10 ·cited 5×
  A tribe's action to enforce its ordinance against a non-Indian arises under federal law, conferring federal question jurisdiction. However, the district court did not abuse its discretion in denying leave to amend the complaint due to delay and the nature of the proposed claims.
• Lander v. Lujan
  888 F.2d 153· D.C. Cir.· 1989-10-27 ·cited 5×
  A district court may order the bumping of an innocent incumbent as a remedy for Title VII violations, and the court did not abuse its discretion in doing so here.
• In re Energy Coop., Inc.
  886 F.2d 921· 7th Cir.· 1989-09-28 ·cited 5×·via Abuse Of Discretion Standard On Appeal
  The court held that the bankruptcy court did not abuse its discretion in approving the settlement agreement, but agreed that the injunction issued was overbroad.
• Sellers v. United States
  881 F.2d 1061· 11th Cir.· 1989-08-29 ·cited 5×
  The court held that the district court did not abuse its discretion in ordering a partial filing fee and dismissing the complaint for non-payment.
• Merck & Co., Inc. v. Danbury Pharmacal, Inc.
  873 F.2d 1418· Fed. Cir.· 1989-05-02 ·cited 5×
  The court held that the district court did not abuse its discretion in finding the patent unenforceable due to inequitable conduct, affirming the judgment.
• Domenick Morda and Dr. Archie Bedell v. Klein
  865 F.2d 782· 6th Cir.· 1989-01-17 ·cited 5×
• DeSALVO v. Internal Revenue Serv.
  861 F.2d 1217· 10th Cir.· 1988-11-22 ·cited 5×
  Internal Revenue Code § 6103 governs disclosure of return information as an exempting statute under the Freedom of Information Act (FOIA), requiring de novo review of agency decisions, not just review for abuse of discretion.
• Parvin E. DAY v. Union Mines Inc.
  862 F.2d 652· 7th Cir.· 1988-11-21 ·cited 5×
  The court held that the district court did not abuse its discretion in staying federal proceedings pending resolution of parallel state court litigation, as the Colorado River factors supported such a stay.
• In re Atlas Supply Corp. v. Atlas Supply Corp.
  857 F.2d 1061· 5th Cir.· 1988-10-21 ·cited 5×
  The court held that the bankruptcy judge did not abuse his discretion in denying the motion to dismiss the bankruptcy petition, as the delay in objecting prejudiced creditors and the objection was untimely.
• Bonizo Props. N.V. v. Schroeder
  528 So. 2d 1304· Fla. 4th DCA· 1988-08-03 ·cited 5×
  In this appeal from post-judgment orders, foreign corporations challenged the trial court's denial of their motion to vacate a final judgment and refusal to reject an order compelling turnover of assets held outside the United States. The appellate court affirmed both orders and
• Am. Disposal Servs., Inc. v. O'Brien
  839 F.2d 84· 2d Cir.· 1988-02-09 ·cited 5×
  The court held that the district court did not abuse its discretion in dismissing the federal civil rights action based on abstention principles under Colorado River due to parallel state court proceedings.
• Republicbank Dallas v. Burt H. McINTOSH
  828 F.2d 1120· 5th Cir.· 1987-10-08 ·cited 5×
  The denial of a stay pending outcome of a state court action was not an abuse of discretion.
• United States v. Mann
  829 F.2d 849· 9th Cir.· 1987-10-05 ·cited 5×
  The court held that a defendant has no protected Fourth Amendment privacy interest in foreign bank records, even if foreign law provides for bank secrecy, and thus cannot challenge the government's acquisition of those records.
• Place ST. Charles v. J.A. Jones Constr. Co.
  823 F.2d 120· 5th Cir.· 1987-07-31 ·cited 5×
  The court held that the arbitration clause was enforceable and that the district court did not err in staying the proceedings pending arbitration. The court also affirmed the denial of the motion to transfer.
• Universal Power Sys., Inc. v. Godfather's Pizza, Inc.
  818 F.2d 667· 8th Cir.· 1987-05-13 ·cited 5×
  The court held that a requirements contract existed, but the jury's damage award was based on inadmissible evidence, requiring a new trial on damages unless a remittitur is accepted. Pre-judgment interest on lost profits is not allowed under Missouri law.
• Slugocki v. The United States
  816 F.2d 1572· Fed. Cir.· 1987-04-22 ·cited 5×
  The court held that the OPM formula for calculating FLSA overtime pay was valid, reversing the district court's decision. It affirmed the district court's ruling on Title 5 overtime claims but vacated the award of attorneys' fees, requiring segregation of FLSA and Title 5 work.
• United States v. Diaz
  811 F.2d 1412· 11th Cir.· 1987-03-06 ·cited 5×
  The court held that the district court did not abuse its discretion in denying a petition for remission of a forfeited appearance bond without an evidentiary hearing, as the defendant remained at large.
• Feller v. Brock
  802 F.2d 722· 4th Cir.· 1986-10-02 ·cited 5×
  The court held that the West Virginia district court abused its discretion by issuing a preliminary injunction that conflicted with a prior, binding injunction from the District of Columbia, and that intervention as of right should have been granted.
• In re Grand Jury Proceedings
  800 F.2d 1293· 4th Cir.· 1986-09-12 ·cited 5×
  The court held that the district court did not abuse its discretion in ordering the disclosure of grand jury materials to the government for use in a civil proceeding, given the particular circumstances of the case.
• United States v. Elward Roe Wanoskia
  800 F.2d 235· 10th Cir.· 1986-09-05 ·cited 5×
  The court held that the demonstrative evidence was admissible and that the defendant's equal protection claim failed because he would have been subject to the same federal jurisdiction and penalties as a non-Indian in similar circumstances.
• Dimitrios Avramidis v. Arco Petroleum Prods. Co.
  798 F.2d 12· 1st Cir.· 1986-08-12 ·cited 5×
  The court held that dissolving a preliminary injunction did not require a new 180-day notice period for franchise termination, as the original notice was sufficient and the dealers' actions caused the delay.
• Eitel v. McCOOL
  782 F.2d 1470· 9th Cir.· 1986-01-14 ·cited 5×
  The court held that the district court did not abuse its discretion in denying a default judgment or in dismissing the action based on the parties' oral agreement to settle.
• United States & the State of N.Y. v. Hooker Chem. & Plastics Corp.
  776 F.2d 410· 2d Cir.· 1985-11-06 ·cited 5×
  The court affirmed the district court's approval of a settlement agreement for a hazardous waste site, finding no abuse of discretion.
• Charter Mgmt., Inc. v. Nat'l Labor Relations Bd.
  768 F.2d 1299· 11th Cir.· 1985-08-16 ·cited 5×
  The court held that the National Labor Relations Board did not abuse its discretion in denying the appellants' application for attorney's fees under the Equal Access to Justice Act, as the General Counsel's position was substantially justified.
• DELTA Rice Mill, Inc. v. Gen. Foods Corp.
  763 F.2d 1001· 8th Cir.· 1985-06-06 ·cited 5×
  The court held that the trial court properly granted judgment notwithstanding the verdict on the bad faith tort claim and affirmed the breach of contract judgment, thus vacating the punitive damages award.
• United States ex rel. Duane Woodard v. Tynan
  757 F.2d 1085· 10th Cir.· 1985-03-21 ·cited 5×
  The federal district court did not abuse its discretion in denying the Attorney General's requests regarding state court records, nor in dismissing the action.
• United States v. Ciro
  753 F.2d 248· 2d Cir.· 1985-01-21 ·cited 5×
  The court held that the exclusion of a witness's juvenile adjudication did not violate the defendants' Sixth Amendment right to confrontation or constitute an abuse of discretion under Fed.R.Evid. 609(d).
• Nartowicz v. Clayton Cnty. Sch. Dist.
  736 F.2d 646· 11th Cir.· 1984-07-17 ·cited 5×
  The court held that the district court did not abuse its discretion in granting a preliminary injunction against the school district's practices of permitting a religious student group to meet on school premises and announcing church-sponsored activities, as these practices likel
• United States v. Lawrence
  699 F.2d 697· 5th Cir.· 1983-02-18 ·cited 5×·via Abuse Of Discretion Standard For Evidentiary Rulings
  The court held that the trial judge's remarks did not impermissibly shift the burden of proof, the evidence was sufficient to support the guilty verdict, and the admission of the witness's statement was not an abuse of discretion.
• Dep't of Health & Rehabilitative Servs. v. In the Interest of M.W.
  424 So. 2d 56· Fla. 1st DCA· 1982-12-08 ·cited 5×
  The Department of Health and Rehabilitative Services appealed a juvenile court order granting legal custody of M.W. to her parents in Texas, but the appellate court affirmed because the evidence supported that the parents were rehabilitated and the child no longer required state
• Est. OF Lucius Earl Dixon v. Commissioner OF Internal Revenue
  666 F.2d 386· 9th Cir.· 1982-01-22 ·cited 5×
  The denial of a motion to intervene in the Tax Court is an appealable order, and the Tax Court did not abuse its discretion in denying intervention.
• Fed. Prop. Mgmt. Corp. v. Harris
  603 F.2d 1226· 6th Cir.· 1979-08-21 ·cited 5×
  The Secretary of HUD has the discretion to set off rent supplement payments against delinquent mortgage obligations, and this action is not an abuse of discretion if it is rationally related to national housing policy.