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

• Louisiana AFL-CIO v. Lanier Bus. Prods., Inc.
  797 F.2d 1364· 5th Cir.· 1986-08-27 ·cited 4×
  A plaintiff in a redhibitory action may obtain a reduction in purchase price for the inconvenience caused by a defective product and its overall poor performance.
• LeBEAU v. Libbey-Owens-Ford Co.
  799 F.2d 1152· 7th Cir.· 1986-08-22 ·cited 4×
  The court reversed the district court's award of attorneys' fees to the defendants, finding that the trial court abused its discretion.
• Smith v. Smith
  500 So. 2d 174· Fla. 1st DCA· 1986-08-12 ·cited 4×
  Barbara Smith appealed a child support modification order, arguing the trial court awarded an excessive amount unsupported by evidence. The Florida appellate court agreed that the award of $80 per week exceeded what competent substantial evidence supported and modified the order
• In re Poole v. Goldberg
  796 F.2d 318· 9th Cir.· 1986-08-08 ·cited 4×
  The court held that the bankruptcy court's order subordinating claims for repurchased shares was improperly reversed by the district court, and that the determination of solvency at the time of payment is crucial for subordination.
• United States v. Pearson
  798 F.2d 385· 10th Cir.· 1986-07-29 ·cited 4×
  The court held that there was sufficient evidence to convict both defendants and that their other claims of error, including ineffective assistance of counsel and improper judicial comments, were without merit.
• Severs v. Allied Constr. Servs., Inc.
  795 F.2d 649· 8th Cir.· 1986-07-08 ·cited 4×
  The court held that the plan administrator's denial of accelerated lump sum distribution, conditioned on a non-compete agreement, was not arbitrary or capricious, and thus summary judgment for the administrator was proper.
• Syntex Ophthalmics, Inc. v. Novicky
  795 F.2d 983· Fed. Cir.· 1986-07-02 ·cited 4×
  The court affirmed the district court's judgments regarding patent ownership, trade secret misappropriation, and costs, but found the issue of the injunction's duration moot due to its expiration.
• Grant v. Brandt
  796 F.2d 351· 10th Cir.· 1986-07-01 ·cited 4×
  The court held that the trial court did not abuse its discretion in denying a new trial based on inadequate damages or in disallowing the testimony of a witness not listed in the pre-trial order.
• United States v. Wiesner
  789 F.2d 1264· 7th Cir.· 1986-05-01 ·cited 4×
  The court held that sufficient evidence supported the conviction and that the jury instructions and admonishments were proper.
• Cedell Briggs and Linda Nimmer v. Brady Anderson
  796 F.2d 1009· 8th Cir.· 1986-04-09 ·cited 4×
  The court affirmed the decertification of the hiring and termination classes and the dismissal of individual claims, but reversed and remanded the dismissal of the promotion class.
• In re Grand Jury Proceedings
  786 F.2d 3· 1st Cir.· 1986-03-11 ·cited 4×
  The court held that a paralegal's testimony before a grand jury does not require the government to show need and relevance, and that the district court did not err in denying an evidentiary hearing or in considering an ex parte affidavit.
• United States v. Martinez
  785 F.2d 111· 3d Cir.· 1986-03-10 ·cited 4×
  The court held that the district court did not abuse its discretion in denying the defendant's motion to withdraw his guilty plea.
• Mendoza v. Wight Vineyard Mgmt.
  783 F.2d 941· 9th Cir.· 1986-02-26 ·cited 4×
  Vineyard management companies that operate farms are exempt from the Migrant and Seasonal Agricultural Worker Protection Act's registration requirements as 'agricultural employers,' even if they do not own the land.
• United States v. Kelly
  783 F.2d 575· 5th Cir.· 1986-02-21 ·cited 4×
  The court held that the circumstantial evidence was sufficient to support the conviction and that the modified Allen charge did not constitute an abuse of discretion.
• State v. Johnson
  486 So. 2d 536· Fla.· 1986-02-06 ·cited 4×
  Florida Supreme Court affirmed the district court's requirement that trial courts provide written reasons for departing from guideline sentences, but reversed on the standard of review for the extent of departure, holding that abuse of discretion is the proper standard.
• United States v. Robinson
  783 F.2d 64· 7th Cir.· 1986-01-29 ·cited 4×
  The court held that a defendant's unsworn statement to the jury, made with counsel's consent, does not constitute a waiver of counsel, and that the trial court did not err in balancing the right to impeach co-conspirators against the risk of prejudice to defendants.
• Kadin Corp. v. The United States
  782 F.2d 175· Fed. Cir.· 1986-01-23 ·cited 4×
  The court held that the Claims Court did not abuse its discretion in dismissing the complaint for failure to prosecute due to the appellant's repeated delays and non-compliance with court orders and rules.
• Gregoria Vergara Conti (Sargent) v. Immigr. & Naturalization Serv.
  780 F.2d 698· 7th Cir.· 1985-12-30 ·cited 4×
  The court affirmed the BIA's denial of the motion to reopen deportation proceedings and held that jurisdiction over the INS' denial of the visa petition lies only in the district court.
• Scogin v. Century Fitness, Inc.
  780 F.2d 1316· 8th Cir.· 1985-12-18 ·cited 4×
  The court held that a juror's affidavit or testimony cannot be used to impeach a verdict by showing a quotient verdict or jury confusion, and that there was sufficient evidence to support the jury's findings.
• Balogh's OF Coral Gables, Inc. v. Getz
  778 F.2d 649· 11th Cir.· 1985-12-16 ·cited 4×
  The court held that the district court did not err in its jury instructions, exclusion of evidence, or treatment of the case as a rule of reason case, affirming the judgment for the defendants.
• United States v. Efrain Lamberty
  778 F.2d 59· 1st Cir.· 1985-11-27 ·cited 4×
  The court held that admitting evidence of prior bad acts, which was irrelevant and highly prejudicial, constituted reversible error because it was not harmless beyond a reasonable doubt.
• Aruba Bonaire Curacao Tr. Co. Ltd. v. Commissioner OF Internal Revenue
  777 F.2d 38· D.C. Cir.· 1985-11-22 ·cited 4×
  The Tax Court had the authority to dismiss the actions as a sanction for failure to comply with discovery orders, and did not abuse its discretion in doing so.
• Bazaldua v. United States Immigr. & Naturalization Serv. & James H. Selbe
  776 F.2d 1266· 5th Cir.· 1985-11-19 ·cited 4×
  The court held that the government's position was substantially justified, affirming the denial of attorney's fees under the EAJA.
• Cervantez v. Whitfield
  776 F.2d 556· 5th Cir.· 1985-11-18 ·cited 4×
  The court held that plaintiffs were not prevailing parties under the Equal Access to Justice Act because the settlement with the INS did not provide relief beyond what existing law already required, and thus, attorney's fees were not warranted.
• United States v. Vega
  776 F.2d 791· 8th Cir.· 1985-11-08 ·cited 4×
  The trial court erred in denying the motion to exclude evidence of a prior conviction, and the issue is properly before the appellate court.
• State v. Williams
  478 So. 2d 412· Fla. 3d DCA· 1985-11-05 ·cited 4×·via Abuse Of Discretion Standard For New Trial Motions
  The State appealed from a trial judge's orders granting the defendant a new trial in a cocaine trafficking case. The appellate court affirmed the new trial orders, finding no abuse of discretion by the trial judge who identified multiple grounds warranting a new trial, including
• In the Interest of M.A.
  477 So. 2d 47· Fla. 4th DCA· 1985-10-23 ·cited 4×
  The court held that the trial court abused its discretion in declaring a three-year-old victim competent to testify, as the testimony was unreliable.
• Merchant v. State
  476 So. 2d 331· Fla. 1st DCA· 1985-10-10 ·cited 4×
  Jack Wilson Merchant was convicted of aggravated battery with a firearm for shooting the victim in the chest. On appeal, Merchant challenged the trial court's evidentiary rulings, jury instructions, and sentencing, but the appellate court affirmed his conviction and sentence.
• In re Airport CAR Rental Antitrust Litig. Trans Rent-A-Car, Inc. v. The HERTZ Corp.
  766 F.2d 1292· 9th Cir.· 1985-10-07 ·cited 4×·via Abuse Of Discretion Standard For Discovery Rulings
  The court held that the defendants failed to meet the burden of showing the absence of a genuine issue of material fact required for summary judgment.
• Brown v. State
  477 So. 2d 609· Fla. 1st DCA· 1985-09-12 ·cited 4×
  Dennis Brown was convicted of two counts of DUI/manslaughter following a jury trial and sentenced to three years imprisonment. On appeal, Brown challenged the admission of expert testimony and the trial court's refusal to reopen evidence for rebuttal testimony, but the court affi
• United States
  773 F.2d 204· 8th Cir.· 1985-09-12 ·cited 4×
  The court held that the district court abused its discretion by applying an overly rigorous standard to the government's prima facie showing for the crime-fraud exception to the work product privilege.
• Reynolds v. Foree
  771 F.2d 1179· 8th Cir.· 1985-09-05 ·cited 4×
  The court held that dismissing a pro se civil rights complaint due to an incarcerated plaintiff's failure to appear at a pretrial hearing is an abuse of discretion, and that indigent pro se prisoner litigants meeting certain burdens should be appointed counsel.
• In re Elam v. Baldridge
  771 F.2d 174· 6th Cir.· 1985-08-30 ·cited 4×
  The court held that the Economic Development Administration (EDA) failed to properly consider the requirement that a funded project must fulfill a pressing need and failed to adequately assess existing capacity under Section 702 of the Public Works and Economic Development Act of
• Ark. Elec. Energy Consumers & Reynolds Metals Co. v. Middle S. Energy, Inc.
  772 F.2d 401· 8th Cir.· 1985-08-23 ·cited 4×
  The court held that while the district court's denial of intervention may have been an abuse of discretion, any error was harmless because the appellants were allowed to participate as amici curiae and had ample opportunity to present their arguments.
• Cent. Hardware Co. v. Central States
  770 F.2d 106· 8th Cir.· 1985-08-08 ·cited 4×·via Arbitrary, Capricious, Or Abuse Of Discretion Standard
  A multi-employer pension fund has the authority under its governing documents to reject employer payments that threaten its actuarial soundness, and such a decision, made in good faith, is binding.
• Sprague v. Boston & Me. Corp.
  769 F.2d 26· 1st Cir.· 1985-08-01 ·cited 4×
  The FELA did not rescind an employer's common law right to sue an employee for property damage. A jury's award for property damage is reinstated if supported by sufficient evidence.
• Am. Exploration Co. v. Columbia GAS Transmission Corp.
  779 F.2d 310· 6th Cir.· 1985-07-30 ·cited 4×
  The court held that Columbia's proposed purchase schedule was a permissible curtailment under the contract, as 'market demand' includes price considerations, and Columbia acted within its contractual rights and good faith obligations.
• Seaboard Sys. R.R., Inc. v. Peeples
  475 So. 2d 916· Fla. 2d DCA· 1985-07-26 ·cited 4×·via Abuse Of Discretion Standard For New Trial Motions
  Seaboard System Railroad appeals a $775,000 wrongful death judgment, arguing the trial court abused its discretion in denying a motion for new trial because the verdict was against the manifest weight of the evidence and allegedly driven by sympathy and passion. The appellate cou
• Transp., Inc. v. Mayflower Servs., Inc.
  769 F.2d 952· 4th Cir.· 1985-07-25 ·cited 4×
  The court held that the district court did not abuse its discretion in modifying the prior injunctive relief to prevent public confusion between the taxi companies' similar color schemes.
• United States v. Hawley
  768 F.2d 249· 8th Cir.· 1985-07-17 ·cited 4×·via Abuse Of Discretion Standard For Evidentiary Rulings
  The court held that limiting defense counsel's cross-examination of an expert witness regarding legal interpretations and the reasonableness of the defendant's beliefs was not an abuse of discretion, and that the attorney's arrest for contempt in front of the jury, while improper
• Schramm v. United States Parole Comm'n
  767 F.2d 509· 8th Cir.· 1985-07-15 ·cited 4×
  The Court held that the United States Parole Commission's practice of giving equal weight to prior misdemeanor and felony convictions in determining parole eligibility is not an abuse of discretion and does not violate the ex post facto clause or Congressional intent.
• United States & Dennis McCarthy v. Buel
  765 F.2d 766· 9th Cir.· 1985-07-08 ·cited 4×
  The court held that appellants were not prevailing parties entitled to attorney's fees under the Equal Access to Justice Act because they were not parties to the underlying actions or because the government's position was substantially justified.
• United States v. Simon
  767 F.2d 420· 8th Cir.· 1985-07-02 ·cited 4×
  The court held that the district court did not abuse its discretion in excluding testimony that was remote and speculative, and that the prosecutor's statements were not improper.
• ST. Jude Med., Inc. v. Carbomedics, Inc.
  764 F.2d 500· 8th Cir.· 1985-06-10 ·cited 4×
  The court affirmed the district court's orders granting preliminary injunctive relief, finding the district court permissibly weighed relevant factors and did not abuse its discretion.
• United States v. C.L. Carr
  764 F.2d 496· 8th Cir.· 1985-06-07 ·cited 4×·via Abuse Of Discretion Standard For Evidence Admission
  The court held that the district court did not err in denying the motion to dismiss the indictment despite the improper characterization of an FBI agent as a "grand jury agent," as the appellant failed to demonstrate prejudice. The court also held that the district court did not
• LaBOW v. Commissioner OF Internal Revenue
  763 F.2d 125· 2d Cir.· 1985-06-03 ·cited 4×
  The Tax Court abused its discretion in denying the motion for reconsideration and erred in holding that Ronald LaBow made alimony payments to Myrna LaBow in 1975 due to a lack of factual basis for the IRS's deficiency determination.
• United States v. Johnson
  763 F.2d 773· 6th Cir.· 1985-05-29 ·cited 4×·via Abuse Of Discretion Standard For Severance
  The court held that the joinder of the mail fraud count against Rosemary Johnson with other counts against co-defendants was proper under Fed.R.Crim.P. 8(b) and 14, and that she failed to show sufficient prejudice to warrant severance.
• State OF Ohio v. United States Dep't of Health & Human Servs.
  761 F.2d 1187· 6th Cir.· 1985-05-17 ·cited 4×·via Arbitrary, Capricious, Or Abuse Of Discretion Standard
  The court held that the Secretary's disapproval of Ohio's Medicaid plan amendment was not supported by substantial evidence and vacated the decision, remanding for further proceedings to allow Ohio to demonstrate that its proposed services fall within the definition of 'medical a
• In re Grand Jury Proceedings. Appeal of Barry P. Wilson
  760 F.2d 26· 1st Cir.· 1985-04-24 ·cited 4×
  The court held that the district court did not abuse its discretion in compelling an attorney to answer grand jury questions, as the questions fell outside the scope of any recognized privilege.
• Godesa A. Bomate v. Ford Motor Co.
  761 F.2d 713· D.C. Cir.· 1985-04-02 ·cited 4×
  The court held that the trial court did not abuse its discretion in dismissing the case for want of prosecution, given the plaintiff's repeated delays and failure to heed warnings.