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

• United States v. Garcia
  924 F.2d 925· 9th Cir.· 1991-01-30 ·cited 4×
  The court held that the district court did not abuse its discretion in denying the motion to substitute counsel and that the judge's conduct did not deprive the defendant of a fair trial.
• Sanchez v. Bengochea
  573 So. 2d 992· Fla. 3d DCA· 1991-01-29 ·cited 4×
  Defendant Sanchez appeals an order granting a new trial in an automobile negligence case where the jury had returned a verdict in his favor. The trial court granted a new trial based on defense counsel's display of photographs during closing argument and inflammatory comments abo
• United States v. Commonwealth of Pa.
  923 F.2d 1071· 3d Cir.· 1991-01-22 ·cited 4×
  The court held that the district court abused its discretion by dismissing the United States' declaratory judgment action, as the federal forum is appropriate for adjudicating sovereign immunity claims, especially when the state court proceeding is inadequate.
• United States v. Carswell
  922 F.2d 876· D.C. Cir.· 1991-01-15 ·cited 4×
  The court held that the district court did not abuse its discretion in excluding the defendant's proposed expert witness testimony.
• Bell v. City OF Kellogg
  922 F.2d 1418· 9th Cir.· 1991-01-08 ·cited 4×
  The court held that appellants lacked standing to appeal their voluntary dismissal and that the other appellant lacked standing as a federal or state taxpayer/citizen, and his state law claims were barred by statutory requirements.
• Cobb v. Rowan Cos., Inc.
  919 F.2d 1089· 5th Cir.· 1991-01-02 ·cited 4×
  The court held that there was sufficient evidence to support the jury's verdict of negligence and causation, and that the damages awarded were not excessive.
• Lal R. Bhaya v. Westinghouse Elec. Corp.
  922 F.2d 184· 3d Cir.· 1990-12-28 ·cited 4×
  The dissenting judge would reinstate the first jury's liability verdict for the plaintiffs and remand for a new trial on damages, arguing the district court erred in granting a new trial and in its jury instructions.
• Spillis Candela & P'rs, Inc. v. The Ass'n OF Sch. Consultants, Inc.
  586 So. 2d 351· Fla. 3d DCA· 1990-12-28 ·cited 4×
  The court held that the trial court did not err in allotting peremptory challenges and that the appellant failed to demonstrate prejudice from any alleged error. The court also found no abuse of discretion in the trial court's handling of the inquiry into alleged improper use of
• COX v. Brookshire Grocery Co.
  919 F.2d 354· 5th Cir.· 1990-12-19 ·cited 4×
  The court held that the district court correctly applied the two-year statute of limitations for non-willful violations of the Fair Labor Standards Act and did not abuse its discretion in calculating overtime pay or awarding attorney's fees.
• Dole v. Arco Chem. Co. & Occupational Safety & Health Review Comm'n
  921 F.2d 484· 3d Cir.· 1990-12-14 ·cited 4×
  The court held that the administrative law judge abused his discretion in denying the Secretary's motion to amend the complaint, as there was no undue delay or sufficient prejudice to Arco.
• Angela L. b/n/f Mrs. Zeta L. v. Pasadena Indep. Sch. Dist.
  918 F.2d 1188· 5th Cir.· 1990-12-12 ·cited 4×
  The court held that a student who receives educational services through a settlement, even without a formal classification, can be a 'prevailing party' entitled to attorney's fees under the Handicapped Children's Protection Act of 1986.
• Chynoweth v. Sullivan
  920 F.2d 648· 10th Cir.· 1990-11-28 ·cited 4×
  The court held that expertise in Social Security disability law does not constitute a 'special factor' justifying an increase in the statutory hourly rate for attorney's fees under the Equal Access to Justice Act.
• Mayor v. Mayor
  570 So. 2d 1044· Fla. 3d DCA· 1990-11-27 ·cited 4×
  In this marriage dissolution appeal, the former husband, a medical doctor earning approximately $60,000 annually, challenged the trial court's awards of rehabilitative alimony, child support, the marital home as lump sum alimony, and attorney's fees and costs as an abuse of discr
• United States v. 68.94 Acres OF Land
  918 F.2d 389· 3d Cir.· 1990-10-31 ·cited 4×
  The court held that excluding one expert witness (Wachter) and striking portions of the landowner's testimony was an abuse of discretion, requiring a new trial.
• Headings v. State
  568 So. 2d 533· Fla. 3d DCA· 1990-10-23 ·cited 4×
  Darnell Headings appeals his conviction for first-degree arson and the assessment of court costs. The court affirmed his conviction but reversed the cost assessment, holding that the trial court erred in imposing costs without affording Headings notice and an opportunity to be he
• Charity Armstead v. Coler
  914 F.2d 1464· 11th Cir.· 1990-10-15 ·cited 4×
  The court held that the Eleventh Amendment does not bar prospective relief for mentally retarded individuals discharged or transferred from a state institution during litigation, as the relief is tied to ensuring appropriate placement rather than compensating for past wrongs.
• In re Adoption of A Minor Child
  570 So. 2d 340· Fla. 4th DCA· 1990-10-10 ·cited 4×
  Florida's Fourth District Court of Appeal addressed the procedural validity of an adoption and the rights of grandparents to intervene. The court dismissed a late direct appeal from the adoption decree but affirmed the trial court's decision to grant the grandparents intervention
• United States v. Matha
  915 F.2d 1220· 8th Cir.· 1990-10-05 ·cited 4×
  The court held that the trial court did not err in finding the government's reasons for striking black jurors were not pretextual and did not abuse its discretion in departing upward from the Sentencing Guidelines.
• Thompson v. Jiro J. Enomoto (former Director
  915 F.2d 1383· 9th Cir.· 1990-10-04 ·cited 4×
  The court held that the district court had jurisdiction to modify the consent decree and that its modifications, including extending the decree's application to all death-sentenced inmates and altering benefits for Grade B inmates, were not an abuse of discretion and did not viol
• Nat'l People's Action v. Vill. OF Wilmette & Fred W. Stoecker
  914 F.2d 1008· 7th Cir.· 1990-10-03 ·cited 4×
  The court held that the district court did not err in granting a preliminary injunction against the Village's fingerprinting requirement for solicitors, finding it likely violated First Amendment free speech rights.
• Taag Linhas Aereas de Angola v. Transamerica Airlines, Inc.
  915 F.2d 1351· 9th Cir.· 1990-10-03 ·cited 4×
  The court held that the district court did not abuse its discretion in enforcing the forum selection clause, as the appellant failed to demonstrate that trial in the contractual forum would be so gravely difficult and inconvenient as to deprive it of its day in court.
• In re Grand Jury Proceedings. Michael C. Lahey v. United States
  914 F.2d 1372· 9th Cir.· 1990-09-20 ·cited 4×
  A witness's fear of retaliation, even if subjectively held and objectively reasonable due to alleged government disclosure of their grand jury status, does not constitute 'just cause' to refuse to testify.
• United States v. Johnson
  914 F.2d 136· 8th Cir.· 1990-09-11 ·cited 4×
  The Eighth Circuit affirmed convictions, holding that the district court did not abuse its discretion in allowing jurors to interrogate witnesses, nor in admitting a transcript of a taped conversation.
• Metrocorps, Inc. v. The E. Mass. Junior Drum & Bugle Corps Ass'n
  912 F.2d 1· 1st Cir.· 1990-08-24 ·cited 4×
  The court held that the district court erred by failing to make required findings when denying attorney's fees and costs under Fed.R.Civ.P. 37, and by failing to explain its decisions on Rule 11 and 42 U.S.C. § 1988 claims.
• Walters Sheet Metal Corp. v. Sheet Metal Workers Local NO. 18
  910 F.2d 1565· 7th Cir.· 1990-08-24 ·cited 4×
  The court held that a party waives procedural irregularities by failing to raise them before the arbitrator, and that a party cannot claim prejudice from lack of notice if the failure to receive notice is its own fault.
• United States v. ELY
  910 F.2d 455· 7th Cir.· 1990-08-17 ·cited 4×·via Abuse Of Discretion Standard For Severance
  The court held that the district court did not abuse its discretion in denying the severance motion because the government presented sufficient evidence of the drug conspiracy charge, and the defendant's Fifth Amendment pleas did not cause unfair prejudice.
• Fortimil Pierre-Louis v. Colonial Ins. Co. OF Cal.
  566 So. 2d 320· Fla. 4th DCA· 1990-08-15 ·cited 4×
  In this insurance dispute, the Fourth District Court of Appeal affirmed the trial court's reduction of a punitive damages award from $1,000,000, finding that while the insurer's conduct was sufficiently egregious to submit the punitive damages claim to the jury under Florida insu
• United States v. McNEIL
  911 F.2d 768· D.C. Cir.· 1990-08-14 ·cited 4×
  The court held that the government failed to demonstrate due diligence in securing the presence of a witness held in local custody.
• United States v. Plesinski
  912 F.2d 1033· 9th Cir.· 1990-08-10 ·cited 4×
  The court held that a prosecutor's unauthorized participation in proceedings was harmless error and did not require dismissal of the indictment or disqualification, especially when the defect was later cured.
• Int'l Bhd. OF Boilermakers v. Local Lodge D129 OF the Cement
  910 F.2d 1056· 2d Cir.· 1990-08-09 ·cited 4×·via Abuse Of Discretion Standard For Preliminary Injunctions
  A labor union's trusteeship imposed on a local lodge is invalid if the local lodge has fewer than ten members at the time of imposition, as it is automatically disbanded and no longer a subordinate body.
• Automatic Liquid Packaging, Inc. v. Dominik
  909 F.2d 1001· 7th Cir.· 1990-08-06 ·cited 4×
  The court affirmed the district court's imposition of $1,000 in Rule 11 sanctions against attorneys for filing frivolous tort claims, but declined to increase sanctions or impose new ones.
• Merrill Lynch Mortg. Corp. v. Satendra Narayan and Sudha Narayan
  908 F.2d 246· 7th Cir.· 1990-07-30 ·cited 4×
  The court held that the district court did not abuse its discretion in entering default and default judgment against the defendants, nor in denying their motions to set aside the default and vacate the judgment, but vacated the punitive damages award.
• Gravel v. DiDOMENICO
  908 F.2d 223· 7th Cir.· 1990-07-27 ·cited 4×
  The court held that the district court did not abuse its discretion in denying sanctions under Rule 11, as the plaintiffs' RICO complaint, while ultimately unsuccessful, was not frivolous and was based on a reasonable inquiry into the facts and law at the time of filing.
• In re Gonic Realty Tr.
  909 F.2d 624· 1st Cir.· 1990-07-26 ·cited 4×
  The court held that the bankruptcy court did not abuse its discretion in dismissing the Chapter 11 case and retaining funds in escrow, as these actions were supported by cause and in the best interest of creditors.
• In re Cont'l Airlines Corp. v. AIR Line Pilots Ass'n
  907 F.2d 1500· 5th Cir.· 1990-07-25 ·cited 4×
  The bankruptcy court lacked the authority under Bankruptcy Rule 9019(a) or its general equitable powers to modify the labor provisions of a settlement agreement negotiated by a union and airline, as such modifications were unrelated to the success of the reorganization and underm
• United States v. Czajak
  909 F.2d 20· 1st Cir.· 1990-07-18 ·cited 4×
  The court held that a district court did not abuse its discretion in revoking probation based on a violation of the Massachusetts larceny statute, as the evidence reasonably satisfied the court that the probationer had committed larceny, and no constitutional right to a jury tria
• Ava P. Trahan v. Brady
  907 F.2d 1215· D.C. Cir.· 1990-07-17 ·cited 4×
  The court held that the District Court did not abuse its discretion in finding the government's position substantially justified, thus denying attorneys' fees under the EAJA.
• McDONALD v. Armontrout
  908 F.2d 388· 8th Cir.· 1990-07-16 ·cited 4×
  The court held that the district court did not abuse its discretion in modifying a consent decree to accommodate the transfer of a capital punishment unit to a new facility, as the modifications were consistent with the decree's purpose and constitutional requirements.
• City OF Sarasota v. AFSCME Council '79 & Pub. Emps. Relations Comm'n
  563 So. 2d 830· Fla. 1st DCA· 1990-07-06 ·cited 4×
  The court held that a motion to reinstate an automatic stay cannot be granted without a record of the proceedings below to demonstrate abuse of discretion.
• United States v. Best
  913 F.2d 1179· 7th Cir.· 1990-07-03 ·cited 4×·via Abuse Of Discretion Standard On Appeal
  The court held that the unauthorized placement of government exhibit binders into the jury room constituted reversible error because it created a reasonable possibility of affecting the jury's verdict, especially in a close case.
• Kendrix M. Easley v. Univ. OF Mich. Bd. OF Regents
  906 F.2d 1143· 6th Cir.· 1990-07-02 ·cited 4×
  The court held that Judge Feikens did not abuse his discretion in denying the recusal motion, as his affiliations with the University of Michigan did not create a reasonable question about his impartiality.
• Black Fire Fighters Ass'n OF Dallas v. City OF Dallas
  905 F.2d 63· 5th Cir.· 1990-06-21 ·cited 4×
• Natural Res. Def. Council, Inc. v. Texaco Ref. & Mktg., Inc.
  906 F.2d 934· 3d Cir.· 1990-06-20 ·cited 4×
  The court held that the district court erred by presuming irreparable harm and failing to apply the traditional equitable standard when issuing a permanent injunction under the Clean Water Act.
• Ill. Tool Works, Inc. v. Grip-Pak, Inc.
  906 F.2d 679· Fed. Cir.· 1990-06-20 ·cited 4×
  The court held that the district court did not abuse its discretion in denying a preliminary injunction because the patent holder failed to sufficiently demonstrate the necessary equitable factors.
• Nightingale OIL Co. v. Nat'l Labor Relations Bd.
  905 F.2d 528· 1st Cir.· 1990-06-06 ·cited 4×
  The court held that the National Labor Relations Board did not abuse its discretion in applying the vote-and-impound procedure and certifying the union, nor was the unit determination unreasonable.
• Farr MAN & Co., Inc. v. M/V Rozita
  903 F.2d 871· 1st Cir.· 1990-05-22 ·cited 4×
  The court held that the district court erred in allowing an insurer to recover from its own insured and that the seller retained a potential interest in the cargo, but affirmed the release of the security bond.
• Brown v. Borough OF Chambersburg
  903 F.2d 274· 3d Cir.· 1990-05-21 ·cited 4×
  42 U.S.C. § 1988 does not authorize awards of attorney's fees against a plaintiff's attorney, but can be awarded against a plaintiff whose claim is found frivolous, unreasonable, or groundless.
• United States v. Johnie M. Owens
  902 F.2d 1154· 4th Cir.· 1990-05-10 ·cited 4×
  The court held that the district judge did not err in denying the motion to recuse, nor in denying the Rule 35 motion to reduce the sentence.
• Farmers & Merchs. Nat'l Bank v. Bryan
  902 F.2d 1520· 10th Cir.· 1990-05-10 ·cited 4×
  The court held that the jury had sufficient evidence to find that the statute of limitations was tolled under the doctrine of adverse domination, and that the trial court did not abuse its discretion in admitting certain evidence.
• Plyler v. Parker Evatt
  902 F.2d 273· 4th Cir.· 1990-05-07 ·cited 4×
  The court affirmed the district court's award of attorneys' fees, finding no clear error in the hourly rates set and upholding the award for post-decree litigation that was inextricably intermingled with the original claims.