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

• Worley v. State
  848 So. 2d 491· Fla. 5th DCA· 2003-07-03 ·cited 48×
  David Allen Worley appeals his conviction for selling MDMA, challenging the trial court's denial of a jury instruction on entrapment. The Fifth District Court of Appeal affirmed, holding that entrapment does not apply when inducement comes from a non-agent private citizen rather
• Hardy v. State
  716 So. 2d 761· Fla.· 1998-06-11 ·cited 48×
  Nicholas Hardy was convicted of murdering Sergeant James Hunt during a police stop and sentenced to death. The Florida Supreme Court affirmed the conviction but reversed the death sentence, finding that the cold, calculated, and premeditated aggravating factor was not proven beyo
• Dairl Johnson v. Mammoth Recreations, Inc.
  975 F.2d 604· 9th Cir.· 1992-09-14 ·cited 48×
  A party seeking to amend a complaint to join an additional party after a scheduling order's deadline must demonstrate 'good cause' or 'extraordinary circumstances' under Rule 16(b), not the more liberal standard of Rule 15(a).
• Ira Peter Ziegler v. Klein
  590 So. 2d 1066· Fla. 4th DCA· 1991-12-18 ·cited 48×
  A husband appealed a final divorce judgment where the trial court denied his oral motion for continuance despite his documented hospitalization, heavy medication, and inability to participate. The appellate court held the trial court abused its discretion by proceeding with the f
• Akers v. Akers
  582 So. 2d 1212· Fla. 1st DCA· 1991-06-21 ·cited 48×
  In this Florida divorce appeal, the former wife challenges the trial court's equitable distribution of marital assets, alimony award, and denial of attorney's fees following a 25-year marriage. The appellate court affirms the real property distribution but reverses and remands re
• United States v. Gonzalez
  933 F.2d 417· 7th Cir.· 1991-05-01 ·cited 48×·via Abuse Of Discretion Standard For Severance
  The court affirmed the convictions and sentence, holding that the indictment was not multiplicitous, severance was not required, the display of cocaine was proper, expert testimony was admissible, and there was sufficient evidence for the convictions.
• United States v. Reyes
  798 F.2d 380· 10th Cir.· 1986-07-29 ·cited 48×·via Abuse Of Discretion Standard For Evidentiary Rulings
  The court held that the search warrant affidavit established probable cause, the scope of the search warrant was not exceeded, the admitted evidence was properly authenticated, and co-conspirator testimony was admissible. The conviction is affirmed.
• United States v. Shaffer
  789 F.2d 682· 9th Cir.· 1986-05-05 ·cited 48×
  The court held that the government's failure to disclose impeachment evidence regarding a key witness, which undermined confidence in the trial outcome, constituted a Brady violation, warranting a new trial.
• United States v. Manzella
  782 F.2d 533· 5th Cir.· 1986-02-13 ·cited 48×·via Abuse Of Discretion Standard For Severance
  A conspiracy to commit an offense listed in 18 U.S.C. § 1961(1)(A) can serve as a predicate act for a RICO violation, and midtrial publicity does not warrant reversal if actual prejudice is not shown.
• United States v. Busby
  780 F.2d 804· 9th Cir.· 1986-01-14 ·cited 48×
  The court held that the defendant's evidence was insufficient to create a jury question on entrapment, as the informant was not a government agent and the defendant showed predisposition.
• Dollar Rent A CAR OF Wash., Inc. v. The Travelers Indem. Co.
  774 F.2d 1371· 9th Cir.· 1985-10-24 ·cited 48×
  The court held that the district court erred in granting the preliminary injunction and in holding Travelers in civil contempt because Dollar and Viking failed to demonstrate irreparable injury or a strong likelihood of success on the merits, and the contempt order was based on i
• Papcun v. Piggy BAG Discount Souvenirs
  472 So. 2d 880· Fla. 5th DCA· 1985-07-18 ·cited 48×
  Appellants appealed a trial court's order granting a new trial in a breach of promissory note case where the jury found fraud and awarded compensatory and punitive damages. The appellate court reversed, holding that the jury's fraud finding was supported by evidence independent o
• United States v. Oglesby
  764 F.2d 1273· 7th Cir.· 1985-06-24 ·cited 48×
  The court held that the trial court did not abuse its discretion in denying the severance motion, properly refused to suppress the confession, and correctly denied the motion for judgment of acquittal, affirming the conviction and sentence.
• Christmas v. Lolita Sanders
  759 F.2d 1284· 7th Cir.· 1985-04-12 ·cited 48×
  The court held that the trial judge did not abuse her discretion in excluding police reports offered as prior consistent statements and in excluding evidence of the plaintiff's prior rape conviction.
• United States v. Magdaniel-Mora
  746 F.2d 715· 11th Cir.· 1984-11-12 ·cited 48×
• Abdallah W. Tamari v. Bache & Co. (Lebanon) S.A.L.
  729 F.2d 469· 7th Cir.· 1984-02-27 ·cited 48×
  A district court may impose sanctions under Rule 37(b) even without a formal motion to compel, provided the party has received adequate notice of discovery obligations and an opportunity to be heard. The court did not abuse its discretion in assessing costs and fees against the l
• McKNIGHT v. United States Steel Corp.
  726 F.2d 333· 7th Cir.· 1984-01-19 ·cited 48×
  The court held that a Rule 60(b) motion cannot be used to correct alleged errors of law made by the district court in the underlying judgment, and that a change in the law after judgment does not, by itself, justify relief under Rule 60(b).
• United States v. Dabish
  708 F.2d 240· 6th Cir.· 1983-06-03 ·cited 48×
  The admission of prior "other acts" evidence to prove intent for a Hobbs Act violation was proper, and the timing of a limiting instruction is within the trial court's discretion.
• Ramos v. Immigr. & Naturalization Serv.
  695 F.2d 181· 5th Cir.· 1983-01-14 ·cited 48×
  The Board of Immigration Appeals failed to properly exercise its discretion by not considering all relevant hardship factors when determining "extreme hardship" for suspension of deportation.
• Breuer Elec. Mfg. Co. v. Toronado Sys. OF Am., Inc.
  687 F.2d 182· 7th Cir.· 1982-08-16 ·cited 48×
  The court held that the district court did not abuse its discretion in refusing to set aside the entry of default or the default judgment, and that the relief awarded was appropriate.
• United States v. Marshall
  683 F.2d 1212· 8th Cir.· 1982-08-04 ·cited 48×
  The court held that the admission of USDA memoranda containing unproven and prejudicial assertions of misconduct, along with the government's failure to timely disclose exculpatory evidence, tainted the defendant's conviction.
• Rogers v. Kroger Co.
  669 F.2d 317· 5th Cir.· 1982-03-05 ·cited 48×
  The court held that the district court abused its discretion by dismissing the employment discrimination lawsuit with prejudice for failure to prosecute, as the record did not demonstrate a clear record of delay or futile lesser sanctions.
• Thompson v. Kerr-McGEE Ref. Corp.
  660 F.2d 1380· 10th Cir.· 1981-09-24 ·cited 48×
  The court held that the notice and summary statement provisions of the Petroleum Marketing Practices Act must be strictly complied with, and that the franchisee has a right to a jury trial for actual damages. The district court did not abuse its discretion in vacating a dismissal
• White v. City OF SAN Diego
  605 F.2d 455· 9th Cir.· 1979-09-24 ·cited 48×
  The court held that the plaintiff failed to establish a prima facie case of sex discrimination under either the McDonnell Douglas or Griggs frameworks, and that the district court did not abuse its discretion regarding discovery.
• United States v. Medel
  592 F.2d 1305· 5th Cir.· 1979-04-12 ·cited 48×·via Abuse Of Discretion Standard For Evidentiary Rulings
  The court held that the joint representation of the defendants did not create a conflict of interest, and other alleged errors were either harmless or not grounds for reversal.
• Wilmer H. McDONALD v. McDONALD
  368 So. 2d 1283· Fla.· 1979-03-08 ·cited 48×
  The Florida Supreme Court held that a trial court has inherent authority to award exclusive possession of a marital home to a spouse when it serves as rehabilitative alimony or to effectuate a support obligation owed to that spouse, rejecting the narrower holdings of two district
• United States v. Johnson
  558 F.2d 744· 5th Cir.· 1977-09-01 ·cited 48×
  The court held that evidence of tax overpayment was irrelevant to charges of making false and fraudulent corporate income tax returns and was properly excluded under Federal Rule of Evidence 403.
• United States v. Ward
  544 F.2d 975· 8th Cir.· 1976-11-17 ·cited 48×
  The court held that the trial court did not abuse its discretion in denying the motion for a new trial based on newly discovered evidence, as the evidence was either impeaching or unlikely to produce an acquittal.
• Ramsay v. Bailey
  531 F.2d 706· 5th Cir.· 1976-05-12 ·cited 48×
  The court held that the district court did not abuse its discretion in dismissing the action with prejudice for want of prosecution due to the plaintiff's prolonged pattern of delay and failure to comply with court orders.
• United States v. Jenkins
  525 F.2d 819· 6th Cir.· 1975-11-12 ·cited 48×·via Abuse Of Discretion Standard For Evidentiary Rulings
  The court held that the affidavit was sufficient to establish probable cause for the search warrant, and evidentiary rulings were not an abuse of discretion.
• RAY v. Bird & SON & Asset Realization Co., Inc.
  519 F.2d 1081· 5th Cir.· 1975-09-19 ·cited 48×·via Abuse Of Discretion Standard For Discovery Rulings
  The court held that the plaintiff failed to establish diversity jurisdiction and that the trial court did not abuse its discretion in refusing further discovery.
• United States v. Abshire
  471 F.2d 116· 5th Cir.· 1972-12-26 ·cited 48×·via Abuse Of Discretion Standard For Continuance
  The court held that the trial court did not err in denying the defendant's motions for a continuance, severance, and to compel witnesses, nor in admitting certain testimony or eyewitness identification evidence, and that the evidence was sufficient to support the conviction.
• Beefy King Int'l, Inc. v. Veigle
  464 F.2d 1102· 5th Cir.· 1972-07-27 ·cited 48×
  The court held that an order releasing real property from a lis pendens is appealable and was properly discharged because the underlying suit did not directly affect the property.
• United States v. Blackwood
  456 F.2d 526· 2d Cir.· 1972-03-01 ·cited 48×
  The court held that the trial judge did not abuse her discretion in denying the motion to suppress evidence as untimely and in limiting the scope of cross-examination regarding a key government witness's prior inconsistent statements, as the jury was otherwise sufficiently inform
• Hornady v. Outokumpu Stainless USA, LLC
  118 F.4th 1367· 11th Cir.· 2024-10-11 ·cited 47×
  Employees of Outokumpu Stainless USA, LLC sued under the Fair Labor Standards Act alleging wage-and-hour violations, but the company repeatedly violated court discovery orders requiring production of time and pay records, made false representations blaming its payroll processor f
• Taylor v. Mentor Worldwide, LLC
  940 F.3d 582· 11th Cir.· 2019-10-08 ·cited 47×·via Abuse Of Discretion Standard For Evidentiary Rulings
  Teresa Taylor sued Mentor Worldwide LLC for injuries from a polypropylene mesh sling implant (ObTape) used to treat urinary incontinence, claiming defective design and failure to warn. The jury found Mentor liable and awarded Taylor $400,000 in compensatory damages and $4 million
• Companioni v. City OF Tampa
  51 So. 3d 452· Fla.· 2010-12-16 ·cited 47×
  The Florida Supreme Court resolved a conflict among district courts regarding whether a party must move for mistrial after a sustained objection to attorney misconduct to preserve the issue for a trial court's review of a motion for a new trial. The Court held that a mistrial mot
• Shaw v. Tampa Elec. Co.
  949 So. 2d 1066· Fla. 2d DCA· 2007-01-05 ·cited 47×·via Abuse Of Discretion Standard For Injunctions
  Homeowners appealed the denial of a mandatory injunction seeking to force Tampa Electric Company to remove large electrical transmission poles from their neighborhood. The court affirmed the summary judgment, holding that even if the poles constituted a nuisance, monetary damages
• Perry v. State
  808 So. 2d 268· Fla. 1st DCA· 2002-02-21 ·cited 47×
  Kenneth Perry appeals his conviction for sale of cocaine and habitual felony offender sentence. The First District Court of Appeal affirms both the conviction and sentence, rejecting the state's concession of error regarding the habitual felony offender classification.
• Donell Baker v. Myers Tractor Servs., Inc.
  765 So. 2d 149· Fla. 1st DCA· 2000-06-26 ·cited 47×
  Baker appeals dismissal with prejudice of his negligence action as a sanction for material false testimony during discovery about prior knee injuries, the central issue in his case. The court affirmed the dismissal, finding no abuse of discretion by the trial court in imposing th
• Lewis v. State
  693 So. 2d 1055· Fla. 4th DCA· 1997-05-14 ·cited 47×
  Willie Lewis was convicted by jury of throwing a Molotov cocktail through his ex-fiancée's bedroom window. On appeal, Lewis challenged the trial court's instruction on the law of principals (aiding and abetting), arguing there was insufficient evidence of accomplice liability. Th
• Williams v. State
  638 So. 2d 976· Fla. 4th DCA· 1994-06-08 ·cited 47×
  David Lee Williams was convicted of cocaine delivery and drug paraphernalia possession, but the Florida Fourth District Court of Appeal reversed because a trial judge failed to dismiss a juror for cause despite the juror's expressed doubts about his impartiality during voir dire.
• Kelley v. Schmidt
  613 So. 2d 918· Fla. 5th DCA· 1993-01-15 ·cited 47×
  Appellants sought reversal of a trial court's order striking their pleadings and entering default judgment with treble damages for civil theft based on their counsel's failure to comply with pretrial orders in a lottery pool dispute. The court reversed, holding that the severe sa
• United States v. Paiva
  892 F.2d 148· 1st Cir.· 1989-12-21 ·cited 47×
  The court held that the district court did not abuse its discretion in denying the motion for a bill of particulars or in admitting lay opinion testimony identifying a substance as cocaine.
• United States v. Ladd
  885 F.2d 954· 1st Cir.· 1989-09-13 ·cited 47×
  The Court held that while the admission of certain laboratory test results was erroneous due to a broken chain of custody, this error was harmless because other evidence sufficiently proved the defendant's guilt. The Court also found no reversible error in the admission of eviden
• Harlan Alonzo Smith v. Lightning Bolt Prods., Inc.
  861 F.2d 363· 2d Cir.· 1988-11-10 ·cited 47×
  The court affirmed the award of compensatory damages but vacated the award of punitive damages, remanding for further proceedings due to improper joint imposition and potential excessiveness.
• Jordan v. Multnomah Cnty.
  815 F.2d 1258· 9th Cir.· 1987-04-24 ·cited 47×
  The court held that the district court abused its discretion by failing to adequately explain its fee calculations and that the denial of a multiplier was not an abuse of discretion.
• Gibraltar Serv. Corp. v. Lone & Assocs., Inc.
  488 So. 2d 582· Fla. 4th DCA· 1986-04-30 ·cited 47×
  Gibraltar Service Corporation and Gibraltar Financial Corporation appeal the denial of their motion to vacate a default judgment entered against them. The court reversed, holding that the default was improperly entered because defendants' responsive pleadings were mailed on the s
• Woods v. State
  490 So. 2d 24· Fla.· 1986-04-24 ·cited 47×·via Abuse Of Discretion Standard For Continuance
  Ronald Woods was convicted of first-degree murder and sentenced to death for stabbing a corrections officer to death while imprisoned. The Florida Supreme Court affirmed his conviction and sentence after reviewing claims regarding jury selection, trial continuance denial, courtro
• Warner v. Transamerica Ins. Co.
  739 F.2d 1347· 8th Cir.· 1984-07-25 ·cited 47×·via Abuse Of Discretion Standard For Evidence Admission
  The court held that the trial court did not err in excluding evidence of a prior fire, in its conduct during trial, or in denying post-trial motions for relief from judgment.