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

• Anne Renfro v. Dodge
  520 So. 2d 690· Fla. 4th DCA· 1988-03-02 ·cited 4×
  Anne Renfro sued Marie Vandugteren's estate seeking damages, quantum meruit, specific performance, and declaratory relief based on an alleged oral contract whereby Renfro would provide nursing and care services in exchange for being named as a beneficiary in Vandugteren's will. T
• The United States v. Ladd Petroleum Corp.
  843 F.2d 506· Temp. Emer. Ct. App.· 1988-02-29 ·cited 4×
  The court held that oil extracted from a property in 1978, even if disposed of without sale, constitutes 'production' under the regulation, disqualifying it from 'newly discovered crude oil' status. The court also held that the award of prejudgment interest was proper.
• Warner R. Waddell and Jeanette I. Waddell v. Commissioner OF Internal Revenue
  841 F.2d 264· 9th Cir.· 1988-02-26 ·cited 4×·via Abuse Of Discretion Standard For Evidentiary Rulings
  The court affirmed the Tax Court's determination that the principal of the promissory note did not constitute true debt for tax purposes and upheld the exclusion of an appraisal report as a business record.
• Taragan v. ELI Lilly & Co., Inc.
  838 F.2d 1337· D.C. Cir.· 1988-02-12 ·cited 4×
  The court held that a district court must adequately explain its refusal to condition a voluntary dismissal on the payment of the opposing party's wasted attorneys' fees.
• Nat'l Labor Relations Bd. v. Great W. Produce, Inc.
  839 F.2d 555· 9th Cir.· 1988-02-09 ·cited 4×
  The court held that the National Labor Relations Board did not abuse its discretion in determining the appropriate bargaining unit for Great Western Produce, Inc., and that the Board's use of the 'community of interest' standard was permissible for a wholesale distributor.
• Drew v. Couch
  519 So. 2d 1023· Fla. 1st DCA· 1988-01-05 ·cited 4×·via Abuse Of Discretion Standard For New Trial Motions
  The appellate court affirmed the trial court's denial of a motion for a new trial. The motion was based on alleged jury misconduct and improper remarks by defense counsel. The court found no abuse of discretion in the trial court's rulings.
• United States v. Thomas
  835 F.2d 219· 9th Cir.· 1987-12-30 ·cited 4×
  The court held that the defendant's conviction for transporting securities taken by fraud and wire fraud was supported by sufficient evidence and that the trial court did not err in its evidentiary or procedural rulings.
• R.L. Clark Drilling Contractors, Inc. v. Schramm, Inc.
  835 F.2d 1306· 10th Cir.· 1987-12-29 ·cited 4×
  The court held that a party cannot raise a choice of law issue for the first time at the attorneys' fees stage if it was not included in the pretrial order and doing so would cause manifest injustice.
• Fairall v. Veterans Admin.
  844 F.2d 775· Fed. Cir.· 1987-12-10 ·cited 4×
  The Merit Systems Protection Board's decision upholding the removal of a medical technologist for negligence in recording blood test results is affirmed, as Chapter 75 removal procedures do not require prior notification of deficient performance.
• Luzadder v. Despatch Oven Co. & Eclipse Inc. v. Brockway, Inc.
  834 F.2d 355· 3d Cir.· 1987-11-27 ·cited 4×
  The court held that the Pennsylvania statute of repose does not apply to manufacturers of component parts of improvements to real property, as they are not within the class of persons the statute was intended to protect.
• Putnam v. Morris
  833 F.2d 903· 10th Cir.· 1987-11-23 ·cited 4×
  The court held that the trial court did not abuse its discretion in dismissing the action for untimely service of process.
• United States v. Rettaliata
  833 F.2d 361· D.C. Cir.· 1987-11-20 ·cited 4×
  The court held that the trial court did not abuse its discretion in denying the defendant's last-minute request for new counsel before trial, nor in its handling of the sentencing phase.
• Joint Bd. OF Control OF the Flathead v. United States
  832 F.2d 1127· 9th Cir.· 1987-11-17 ·cited 4×
  The court held that the district court erred in granting a preliminary injunction because it failed to consider the potentially superior priority of the Tribes' fishing rights, which predated irrigation rights.
• Miles A. Hernly v. The United States
  832 F.2d 980· 7th Cir.· 1987-10-15 ·cited 4×
  The court held that the defendants failed to demonstrate a particularized need for the grand jury materials sought, and therefore the district court did not abuse its discretion in quashing the subpoena.
• Baker's AID v. Hussmann Foodservice Co. & Hussmann Corp.
  830 F.2d 13· 1st Cir.· 1987-10-01 ·cited 4×
  The court held that the district court did not abuse its discretion in denying a preliminary injunction because the plaintiff failed to make a sufficient showing of irreparable harm, despite a likelihood of success on the merits.
• United States v. Triplett
  828 F.2d 1195· 6th Cir.· 1987-09-21 ·cited 4×
  A defendant must show a fair and just reason for withdrawing a nolo contendere plea before sentencing; the government's prejudice need not be shown if the defendant's reasons are insufficient. An evidentiary hearing is not required if the proffered reasons do not raise factual is
• Coquina OIL Corp. v. Transwestern Pipeline Co.
  825 F.2d 1461· 10th Cir.· 1987-08-12 ·cited 4×
  An interlocutory order granting a preliminary injunction is not appealable, and the court lacks jurisdiction, if the trial court has not yet set or considered setting a security bond as required by Fed.R.Civ.P. 65(c).
• LuMETTA v. United States Robotics, Inc.
  824 F.2d 768· 9th Cir.· 1987-08-11 ·cited 4×
  The jury verdict awarding damages to LuMetta is affirmed because it is supported by substantial evidence, and the exclusion of expert testimony was not an abuse of discretion.
• In re SUN Valley Ranches, Inc. v. The Equitable Life Assurance Soc'y OF the United States
  823 F.2d 1373· 9th Cir.· 1987-08-05 ·cited 4×
  The Ninth Circuit held that an appeal from an order lifting the automatic stay is not moot when the creditor-purchaser is a party to the appeal and the property sold is subject to statutory redemption rights. The court also found no abuse of discretion in making the order effecti
• Fernandez v. Fernandez
  511 So. 2d 656· Fla. 3d DCA· 1987-08-04 ·cited 4×
  In a marriage dissolution case, the husband appeals the trial court's award of lump sum alimony to the wife consisting of his one-half interests in commercial property and the marital home. The appellate court affirms, finding the awards justified by the wife's permanent disabili
• United States v. Powell
  823 F.2d 996· 6th Cir.· 1987-07-24 ·cited 4×
  The court held that an indictment is valid on its face and not subject to challenge based on the alleged inadequacy or incompetence of the evidence presented to the grand jury.
• Fiedler v. Reliance Elec. Co.
  823 F.2d 269· 8th Cir.· 1987-07-15 ·cited 4×
  The court held that the district court did not abuse its discretion in dismissing the federal action without prejudice under the exceptional circumstances test, as it served judicial economy.
• United States v. Ramirez
  823 F.2d 1· 1st Cir.· 1987-07-13 ·cited 4×·via Abuse Of Discretion Standard For Evidentiary Rulings
  The court held that the evidence was sufficient to support a conviction under the Hobbs Act, the trial court did not err in refusing a new jury or in denying a late request to subpoena an expert witness.
• United States v. Murray Bowman Brown
  821 F.2d 986· 4th Cir.· 1987-06-29 ·cited 4×·via Abuse Of Discretion Standard For Continuance
  The dissent argues that the district court erred in denying the defendant's motion for a continuance based on ill health, as the evidence showed a substantial risk to his life and health if forced to trial.
• United States v. Olsowy
  819 F.2d 930· 9th Cir.· 1987-06-15 ·cited 4×·via Abuse Of Discretion Standard For Evidentiary Rulings
  The court held that the 'exculpatory no' defense does not apply to statements made in relation to a claim against the government, and that multiple convictions for identical false statements made in response to the same questions are impermissible.
• United States v. Reynolds
  821 F.2d 427· 7th Cir.· 1987-06-09 ·cited 4×
  The court held that the trial court did not abuse its discretion in limiting voir dire questioning and in banning the use of the term 'Greylord,' as the defendant failed to demonstrate prejudice or a violation of his constitutional rights.
• Bergemann v. United States
  820 F.2d 1117· 10th Cir.· 1987-06-09 ·cited 4×
  The court held that the district court did not abuse its discretion in denying a motion for partial summary judgment based on deemed admissions, allowing the United States to withdraw admissions to promote a decision on the merits.
• Sckolnick v. Harlow
  820 F.2d 13· 1st Cir.· 1987-06-03 ·cited 4×
  The court held that the district court did not abuse its discretion in requiring the appellant to post security for appellate costs, and affirmed the order.
• Augustine v. Brewer
  821 F.2d 365· 7th Cir.· 1987-05-28 ·cited 4×
  The court held that the Parole Commission did not breach the plea agreement, abuse its discretion, or engage in double-counting when determining the petitioner's offense severity rating and presumptive parole date.
• Wright v. State
  507 So. 2d 784· Fla. 1st DCA· 1987-05-27 ·cited 4×
• Davis v. O'Dell
  506 So. 2d 1107· Fla. 4th DCA· 1987-05-06 ·cited 4×
  In this wrongful death and personal injury case, the trial court granted an additur of $75,000 to the wrongful death claim after a jury verdict of $25,000, finding the award inadequate under Florida law. The appellate court affirmed the trial court's decision, holding that the ev
• United States v. Alexander
  816 F.2d 164· 5th Cir.· 1987-04-22 ·cited 4×
  The court held that the district court abused its discretion by excluding the testimony of expert witnesses on photographic comparison, which was crucial to the defendant's mistaken identity defense.
• United States v. Gen. Dynamics Corp.
  828 F.2d 1356· 9th Cir.· 1987-04-02 ·cited 4×·via Abuse Of Administrative Discretion
  The district court exceeded its jurisdiction by staying a criminal prosecution pending action by the ASBCA, as the primary jurisdiction doctrine does not apply to the ASBCA in this context.
• Tech. Chem. Co. v. Ig-Lo Prods. Corp.
  812 F.2d 222· 5th Cir.· 1987-03-12 ·cited 4×
  The court held that the district court did not abuse its discretion in entering a default judgment against a pro se litigant for willful failure to obey discovery orders.
• Washington v. Dep't OF the Army
  813 F.2d 390· Fed. Cir.· 1987-03-11 ·cited 4×
  The court held that the Merit Systems Protection Board did not err in upholding the petitioner's removal for absence without leave, as she failed to provide adequate medical documentation for her requested leave.
• Fed. Trade Comm'n v. Am. Nat'l Cellular, Inc.
  810 F.2d 1511· 9th Cir.· 1987-02-25 ·cited 4×
  The court held that the Federal Trade Commission's enforcement authority under the Federal Trade Commission Act is constitutional, and the district court did not abuse its discretion in granting a preliminary injunction.
• Leckel v. Leckel
  502 So. 2d 82· Fla. 4th DCA· 1987-02-11 ·cited 4×
  This case addresses the validity of an out-of-court modification to a property settlement agreement and custody arrangement that was incorporated into a divorce judgment. The wife challenged the modification on grounds that she executed it under duress due to illness and financia
• Adams v. United States
  810 F.2d 1142· Fed. Cir.· 1987-02-04 ·cited 4×
  The court held that the Treasury Department did not abuse its discretion by imposing a 4% pay increase limitation on Bureau of Engraving and Printing employees, consistent with executive policy and prior rulings.
• United States v. Eaton
  808 F.2d 72· D.C. Cir.· 1987-01-13 ·cited 4×
  The court held that the jury instructions on constructive possession, when read as a whole, were not misleading, and that the cross-examination of the defendant regarding his prior conviction and drug use was permissible because the defendant opened the door to these subjects.
• Cochrane Distrib. Co. & Utica Mut. Ins. Co. v. Lewis
  504 So. 2d 1291· Fla. 1st DCA· 1987-01-13 ·cited 4×
  In this workers' compensation case, the court reverses a deputy's award of a lump sum advance equal to 90 percent of a permanently totally disabled worker's future benefits. The court finds the deputy's decision lacked adequate evidentiary support and was based on speculative fin
• Beryl C. Quinton v. Dep't OF Transp.
  808 F.2d 826· Fed. Cir.· 1986-12-31 ·cited 4×
  The court held that the Merit Systems Protection Board (MSPB) correctly sustained charges of false claims and falsifying records, and that the removal was not in reprisal for whistleblowing.
• United States v. Goeller
  807 F.2d 749· 8th Cir.· 1986-12-23 ·cited 4×
  The court held that the district court did not abuse its discretion in revoking probation for violating conditions and that the imposed sentence was within statutory limits and did not violate the Eighth Amendment.
• Bose Corp. v. Consumers Union OF U.S., Inc.
  806 F.2d 304· 1st Cir.· 1986-12-01 ·cited 4×
  The court held that the cost of a letter of credit to secure a supersedeas bond is a taxable cost when reasonable.
• Ernest J. Filiberti & Domell Dysthe v. Merit Sys. Prot. Bd.
  804 F.2d 1504· 9th Cir.· 1986-11-26 ·cited 4×
  The court held that the Board's decision to withhold salary from accrued leave pay was an impermissible penalty beyond statutory authority, but upheld the finding of improper influence.
• Willard v. City OF LOS Angeles
  803 F.2d 526· 9th Cir.· 1986-10-28 ·cited 4×
  An attorney lacks standing to seek attorney's fees under 42 U.S.C. § 1988 after their client has waived them in a settlement, and settlements may be conditioned on such waivers.
• Nat'l Treas. Emps. Union v. Fed. Labor Relations Auth.
  802 F.2d 843· 6th Cir.· 1986-09-25 ·cited 4×·via Arbitrary, Capricious, Or Abuse Of Discretion Standard
  The court held that the Federal Labor Relations Authority's denial of backpay was not adequately explained and remanded the case for further consideration.
• Lewis v. Nat'l Labor Relations Bd.
  800 F.2d 818· 8th Cir.· 1986-09-17 ·cited 4×
  The National Labor Relations Board did not abuse its discretion in deferring to the collective bargaining agreement's grievance and arbitration procedures, but the case is remanded to clarify the scope of the Board's retained jurisdiction.
• Jordan v. Multnomah Cnty.
  799 F.2d 1262· 9th Cir.· 1986-09-11 ·cited 4×
  The court held that the district court abused its discretion by failing to make adequate findings to support its reduced attorney fee award and by denying a multiplier without proper justification. The denial of a multiplier was affirmed.
• Allen v. State
  493 So. 2d 1080· Fla. 1st DCA· 1986-09-09 ·cited 4×
  Florida appellate court affirmed convictions for grand theft and possession of a motor vehicle with removed serial number, holding that the trial court did not abuse its discretion in denying defense counsel's request to interview jurors based on unsubstantiated allegations of ju
• Cornwall v. U.S. Constr. Mfg., Inc.
  800 F.2d 250· Fed. Cir.· 1986-09-02 ·cited 4×
  The court held that the district court abused its discretion by denying the motion to amend the answer to include an affirmative defense of invalidity without providing a justifying reason or considering prejudice.