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

• TKB Int'l, Inc. v. United States
  995 F.2d 1460· 9th Cir.· 1993-06-03 ·cited 4×
  Federal tax liens filed outside the direct chain of title are not valid against a subsequent purchaser who, through reasonable inspection of the index, would not discover the liens, even if the purchaser had actual knowledge of the liens.
• United States v. Ford
  993 F.2d 249· D.C. Cir.· 1993-05-25 ·cited 4×
  The court held that a defendant should almost always be allowed to withdraw a guilty plea before sentencing if the plea colloquy was not in substantial compliance with Federal Rule of Criminal Procedure 11.
• United States v. White
  993 F.2d 147· 7th Cir.· 1993-05-19 ·cited 4×
  The court held that the district court did not err in calculating the loss amount, denying a reduction for acceptance of responsibility based on the defendant's denials of relevant conduct, or in ordering restitution.
• Heath v. DeCOURCY
  992 F.2d 630· 6th Cir.· 1993-04-30 ·cited 4×
  The court held that the district court abused its discretion by terminating supervision and modifying consent decrees without proper procedure and consideration of relevant factors.
• In re Sandor Chabot v. Sandor Chabot
  992 F.2d 891· 9th Cir.· 1993-04-16 ·cited 4×
  A junior judicial lien does not impair a debtor's homestead exemption if it does not diminish the exemption's value, and therefore cannot be avoided under 11 U.S.C. § 522(f).
• Dolphin Cove Ass'n v. Square D. Co.
  616 So. 2d 553· Fla. 2d DCA· 1993-03-31 ·cited 4×
• Gilbert v. Cosco Inc.
  989 F.2d 399· 10th Cir.· 1993-03-24 ·cited 4×
  The court held that the trial court did not abuse its discretion in admitting sled test evidence for illustrative purposes, excluding portions of memoranda deemed more prejudicial than probative, or refusing to give an adverse inference jury instruction.
• United States v. Shafer
  987 F.2d 1054· 4th Cir.· 1993-02-23 ·cited 4×
  A mistrial declared over a defendant's objection requires "manifest necessity," which was not present here because alternatives existed and the mistrial was partly motivated by the government's weakened case.
• United States v. ONE 1987 BMW 325
  985 F.2d 655· 1st Cir.· 1993-02-18 ·cited 4×
  The court held that the district court's order striking the appellant's claim for failure to answer interrogatories was premature because it did not follow the two-tiered framework of Federal Rule of Civil Procedure 37, which requires a motion to compel discovery before sanctions
• Isakson v. First Nat'l Bank
  985 F.2d 984· 8th Cir.· 1993-02-16 ·cited 4×
  The court held that the district court did not err in dismissing the § 1983 complaint and imposing sanctions, as the appellants failed to state a claim and the judges were entitled to judicial immunity.
• United States v. Youngpeter
  986 F.2d 349· 10th Cir.· 1993-02-16 ·cited 4×
  The court affirmed the conviction, holding that the evidence was sufficient to prove distribution, the denial of severance was not an abuse of discretion, and sentencing calculations were proper. The denial of a new trial based on newly discovered evidence was also affirmed.
• United States v. LIM
  984 F.2d 331· 9th Cir.· 1993-01-27 ·cited 4×
  The court held that while the admission of drug courier profile evidence was an error, it was harmless due to sufficient other evidence, and that the admission of co-conspirator statements, amendment of the indictment, denial of continuance, and finding of probable cause were all
• United States v. Nelson
  984 F.2d 894· 8th Cir.· 1993-01-22 ·cited 4×
  The court held that the district court did not abuse its discretion in denying the motion for a mistrial and that sufficient evidence supported the jury's verdict of knowing possession of the sawed-off shotgun.
• Pembroke v. Wood Cnty.
  981 F.2d 225· 5th Cir.· 1993-01-20 ·cited 4×
  The court held that while the claim for declaratory relief was moot due to remedied conditions, the plaintiffs were prevailing parties entitled to attorney's fees because their lawsuit caused the jail to improve its unconstitutional conditions.
• Nenh Phetosomphone v. Allison Reed Grp., Inc.
  984 F.2d 4· 1st Cir.· 1993-01-20 ·cited 4×
  The court should reconsider the district court's award of attorney's fees, as it improperly depreciated the value of the Civil Rights Act by focusing on limited monetary recovery.
• United States v. Watkins
  983 F.2d 1413· 7th Cir.· 1993-01-19 ·cited 4×
  The court reversed the conviction, finding the record did not clearly establish a waiver of the right to be present during trial when the defendant was mute.
• United States v. Morse
  983 F.2d 851· 8th Cir.· 1993-01-05 ·cited 4×
  The court should reverse and remand the sentence because the district court improperly considered pending charges as a basis for upward departure.
• United States v. Newman
  982 F.2d 665· 1st Cir.· 1992-12-31 ·cited 4×
  The court held that the trial court did not err in excluding habit evidence, handling juror inattentiveness allegations, finding serious bodily injury, or applying sentencing guidelines that resulted in 'double counting'.
• United States v. Young
  981 F.2d 180· 5th Cir.· 1992-12-28 ·cited 4×
  The court held that a misapplication of the Sentencing Guidelines, specifically the requirement for a good cause showing for the nondisclosure of confidential informant identities, constituted plain error requiring remand for resentencing.
• Tamre G. Hoover v. Sprecher
  610 So. 2d 99· Fla. 1st DCA· 1992-12-16 ·cited 4×
  In this family law appeal, the former wife challenged the trial court's denial of attorney's fees and costs awards in a child support modification proceeding. The appellate court affirmed the denial because the appellant failed to provide an adequate record on appeal, lacking tra
• United States v. Spinosa
  982 F.2d 620· 1st Cir.· 1992-12-15 ·cited 4×
  The court held that the trial court did not err in denying the motion to suppress evidence, excluding prior bad acts evidence, admitting telephone records, or denying a missing witness instruction, affirming the conviction.
• In re Application of Asta Medica, S.A.
  981 F.2d 1· 1st Cir.· 1992-12-04 ·cited 4×
  A litigant requesting assistance under 28 U.S.C. § 1782 must demonstrate that the information sought in the United States would be discoverable under the laws of the foreign jurisdiction.
• Wichita Falls Off. Assocs. v. Banc ONE Corp.
  978 F.2d 915· 5th Cir.· 1992-12-04 ·cited 4×
  The court held that the district court prematurely terminated discovery, preventing the non-moving party from adequately opposing the summary judgment motion.
• United States v. Bell
  980 F.2d 1095· 7th Cir.· 1992-11-25 ·cited 4×
  The court held that the trial errors alleged by the defendant did not deny him a fair trial and affirmed his conviction.
• Dunlap-McCULLER v. The Riese Org.
  980 F.2d 153· 2d Cir.· 1992-11-25 ·cited 4×
  The court held that a district court's grant of a motion for a new trial based on a verdict against the clear weight of the evidence is generally non-reviewable under Second Circuit precedent.
• Bertrand v. Louis W. Sullivan, M.D.
  976 F.2d 977· 5th Cir.· 1992-11-11 ·cited 4×
  A social security claimant is not a 'prevailing party' for attorney's fees under the EAJA until benefits are actually awarded, and a remand for further administrative proceedings does not constitute prevailing status.
• Est. OF Daniel A. Borst v. River Grove Police Officer Richard O'Brien
  979 F.2d 511· 7th Cir.· 1992-11-06 ·cited 4×
  The court held that the district court did not abuse its discretion in awarding attorney fees, but costs must be reduced by the amount of non-recoverable travel expenses.
• United States v. Powers
  978 F.2d 354· 7th Cir.· 1992-10-27 ·cited 4×
  The court held that a trial court's declaration of a mistrial due to a hung jury does not terminate jeopardy, allowing for retrial, and that the admission of evidence of prior bank robberies under Federal Rule of Evidence 404(b) was not an abuse of discretion.
• Hanson v. Commissioner OF Internal Revenue
  975 F.2d 1150· 5th Cir.· 1992-10-26 ·cited 4×
  The court held that the Tax Court abused its discretion in denying litigation costs to the Hansons because the IRS's position was not substantially justified.
• United States v. Roberts
  978 F.2d 17· 1st Cir.· 1992-10-26 ·cited 4×
  The court held that the district court abused its discretion by suppressing evidence solely due to the government's untimely filing, where the delay was brief, resulted from rule ambiguity, and caused no prejudice.
• Steven Blender, M.D. v. Malecki
  606 So. 2d 498· Fla. 4th DCA· 1992-10-21 ·cited 4×
  In a medical malpractice case, the trial court granted a new trial after the jury returned a verdict for the defendants when it was discovered that jurors had made multiple requests for deposition testimony that the bailiff improperly denied without notifying the judge or attorne
• Ross v. Black & Decker
  977 F.2d 1178· 7th Cir.· 1992-10-21 ·cited 4×
  The court affirmed the jury's finding of liability and compensatory damages but vacated the punitive damages award as excessive.
• Brunnemann v. Terra Int'l, Inc.
  975 F.2d 175· 5th Cir.· 1992-10-16 ·cited 4×
  The court held that while reinstatement was proper, the jury's award of compensatory damages was excessive and required remittitur or a new trial on damages. The negligent infliction of emotional distress claim was dismissed as not recognized under Texas law.
• United States v. Sykes
  977 F.2d 1242· 8th Cir.· 1992-10-15 ·cited 4×
  The court held that the district court did not err in allowing the government's case agent to testify as an expert after sitting at the prosecution table, nor in disallowing the disclosure of a confidential informant's identity, admitting evidence of other crimes, or submitting t
• United States v. Kelly
  973 F.2d 1145· 5th Cir.· 1992-10-15 ·cited 4×
  The court held that the district court did not abuse its discretion in denying the motion for continuance, refusing to produce certain evidence, or admitting hearsay statements of a co-conspirator, and that the Bank Bribery Act was not unconstitutionally vague as applied.
• Gillette Foods Incorp. v. Bayernwald-Fruchteverwertung, GmbH
  977 F.2d 809· 3d Cir.· 1992-10-15 ·cited 4×
  The court held that a claim that narrowly escapes Rule 11 sanctions cannot be deemed to have been brought in bad faith, which is a prerequisite for imposing sanctions under a court's inherent power.
• United States v. McGAUGHEY
  977 F.2d 1067· 7th Cir.· 1992-10-13 ·cited 4×
  The court held that a waiver of the statute of limitations in an offer of compromise is not a contract and is enforceable even if the IRS cannot accept the offer, and that newly discovered evidence of a crossed-out waiver did not warrant setting aside the judgment due to lack of
• Aguilar-Ayala v. Cecilio Ruiz
  973 F.2d 411· 5th Cir.· 1992-09-25 ·cited 4×
  The court affirmed the denial of attorney's fees, holding that the government's position in resisting the litigation was substantially justified due to the unresolved legal issues surrounding the detention of alien material witnesses.
• Scott v. Roberts
  975 F.2d 1473· 10th Cir.· 1992-09-22 ·cited 4×
  The denial of a continuance to secure a witness's testimony did not violate the appellant's constitutional rights because it was not arbitrary or unreasonable and did not render the trial fundamentally unfair.
• Jules Lusardi v. Xerox Corp.
  975 F.2d 964· 3d Cir.· 1992-09-16 ·cited 4×
  The court held that a notice of appeal must specifically designate the judgment or order being appealed, and absent such designation, appellate jurisdiction over prior, unspecified orders is barred, especially when the appellant explicitly stated they were not appealing the prior
• In re Am. Airlines, Inc.
  972 F.2d 605· 5th Cir.· 1992-09-04 ·cited 4×
  The court held that the district court erred in denying American's motion to disqualify Vinson & Elkins, and issued a writ of mandamus directing disqualification.
• Elma A. Glocker v. W.R. Grace & Co.
  974 F.2d 540· 4th Cir.· 1992-09-04 ·cited 4×
  The court held that the denial of benefits should be reviewed de novo because the plan did not grant the administrator discretion, and that the district court should reconsider civil penalties for late document delivery.
• Greany v. W. Farm Bureau Life Ins. Co.
  973 F.2d 812· 9th Cir.· 1992-09-01 ·cited 4×
  The court held that the Greanys' state law claims were preempted by ERISA, reversing the jury verdict on the negligence claim and affirming the dismissal of other claims. The court also affirmed the district court's interpretation of Montana's conversion statute.
• In re Chicago
  974 F.2d 775· 7th Cir.· 1992-08-18 ·cited 4×
  The court held that Washington State Department of Transportation (WSDOT) had a claim or contingent claim that should have been filed before the bankruptcy bar date, and thus its CERCLA claim against Milwaukee Road's successor was discharged.
• United States v. Guardino
  972 F.2d 682· 6th Cir.· 1992-08-14 ·cited 4×
  The court held that a district court cannot order restitution for losses alleged in counts dismissed pursuant to a plea agreement and for which there has been no conviction, under the pre-1990 version of the Victim and Witness Protection Act.
• United States v. Lara-Banda
  972 F.2d 958· 8th Cir.· 1992-08-14 ·cited 4×
  The court held that the district court did not err in departing upward from the sentencing guidelines based on the defendant's criminal history and risk of recidivism.
• Andrzej Osuch v. Immigr. & Naturalization Serv.
  970 F.2d 394· 7th Cir.· 1992-08-10 ·cited 4×
  The court held that counsel should have an opportunity to reply regarding the appropriateness of sanctions against them.
• Anthuis v. Colt Indus. Operating Corp.
  971 F.2d 999· 3d Cir.· 1992-07-27 ·cited 4×
  The court affirmed the district court's decision regarding Groscost, finding that the employer did not improperly exercise discretion in denying severance benefits.
• Marczak v. Greene
  971 F.2d 510· 10th Cir.· 1992-07-23 ·cited 4×
  The court held that the District Director's denial of parole was not supported by individualized, factually based reasons, and thus constituted an abuse of discretion.
• United States v. Kingston
  971 F.2d 481· 10th Cir.· 1992-07-17 ·cited 4×
  The court held that the district court did not abuse its discretion in admitting certain testimony and excluding other evidence, and that sufficient evidence supported the convictions.