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

• United States v. Loalza-Vasquez
  735 F.2d 153· 5th Cir.· 1984-06-14 ·cited 47×·via Abuse Of Discretion Standard For Severance
  The court held that the district court did not err in asserting jurisdiction, admitting hearsay evidence under the residual exception, denying severance, or finding no unconsented conflict of interest.
• United States v. Rosa
  705 F.2d 1375· 1st Cir.· 1983-04-11 ·cited 47×
  The court held that the trial court did not err in admitting evidence of a death threat, in its jury instructions on aiding and abetting, or in refusing a special cautionary instruction for a witness with a mental condition.
• Davis v. Fendler
  650 F.2d 1154· 9th Cir.· 1981-07-17 ·cited 47×
  The court held that the district court did not abuse its discretion in entering a default judgment as a sanction for discovery violations, nor did it err in calculating the default judgment amount without a full hearing.
• Lipsig v. Nat'l Student Mktg. Corp.
  663 F.2d 178· D.C. Cir.· 1980-12-05 ·cited 47×·via Abuse Of Discretion Standard For Fee Awards
  The court affirmed the district court's procedural rulings, dismissal of the counterclaim, and award of attorneys' fees, remanding for determination of the fee amount.
• Johnson v. Trueblood
  629 F.2d 287· 3d Cir.· 1980-07-31 ·cited 47×
  The court held that the district court erred in denying the plaintiffs' motion to amend their pleadings to include claims arising from the foreclosure of the shopping center, and that the jury instruction regarding the business judgment rule was also erroneous under Delaware law.
• United States v. van Dyke
  605 F.2d 220· 6th Cir.· 1979-09-13 ·cited 47×·via Manifest Abuse Of Discretion
  The court affirmed the conviction, finding no merit in the defendant's claims regarding speedy trial, fair trial, admission of evidence, or jury misconduct.
• Merrell-National Labs., Inc. v. Zenith Labs., Inc.
  579 F.2d 786· 3d Cir.· 1978-06-13 ·cited 47×
  The court held that the appeal from the original preliminary injunction was untimely, but the denial of the motion for redetermination of that injunction was appealable. The court affirmed the denial of the redetermination motion, finding no abuse of discretion.
• United States v. Jamar
  561 F.2d 1103· 4th Cir.· 1977-07-27 ·cited 47×
  The court held that the district court did not abuse its discretion in denying the defendant's motion for severance of counts, nor in admitting a partial transcript of preliminary hearing testimony under Federal Rule of Evidence 106.
• State OF Ariz. v. Cook Paint & Varnish Co.
  541 F.2d 226· 9th Cir.· 1976-08-20 ·cited 47×
• Korioth v. Honorable Dolph Briscoe
  523 F.2d 1271· 5th Cir.· 1975-11-24 ·cited 47×
  The court held that the plaintiff lacked standing to challenge the Texas statutory scheme and that the trial court did not abuse its discretion in denying the City's motion to intervene.
• Wilcox v. Commerce Bank OF Kan. City
  474 F.2d 336· 10th Cir.· 1973-02-20 ·cited 47×
  The court held that a trial court has sound discretion to deny class action status in Truth in Lending Act cases if it determines that such treatment is not superior to individual actions, even if other Rule 23 prerequisites are met.
• City OF Coral Gables v. Jordan
  186 So. 2d 60· Fla. 3d DCA· 1966-05-03 ·cited 47×
  The City of Coral Gables appealed a $100,000 wrongful death judgment arising from a motor scooter collision caused by a police officer's negligent traffic direction. The appellate court reversed due to two reversible errors: the improper admission of evidence that the defendant h
• United States v. Shneer
  194 F.2d 598· 3d Cir.· 1952-02-29 ·cited 47×
  The court held that the District Judge did not abuse his discretion in denying the defendant's motion to withdraw his nolo contendere plea after sentencing, as the defendant failed to meet his burden of proving manifest injustice.
• Hendricks v. State
  34 So. 3d 819· Fla. 1st DCA· 2010-05-26 ·cited 46×
  Ronald Hendricks was convicted of battery and two counts of sexual battery on a child. On appeal, he challenged the exclusion of character evidence regarding his reputation for sexual morality and the trial court's handling of the jury's request to review trial testimony. The app
• Pressley Bernard Alston v. State
  894 So. 2d 46· Fla.· 2004-10-14 ·cited 46×
  The Florida Supreme Court affirmed a circuit court's determination that death row inmate Pressley Bernard Alston was competent to proceed in postconviction proceedings and that his waiver of postconviction counsel and relief was knowing, intelligent, and voluntary. The case addre
• Fla. Nat'l Org. FOR Women, Inc. v. State
  832 So. 2d 911· Fla. 1st DCA· 2002-12-19 ·cited 46×
  Appellants challenged the constitutionality of Florida's "Choose Life" specialty license plate on various grounds, including Establishment Clause, free speech, privacy, equal protection, and due process violations. The trial court dismissed their Second Amended Complaint with pre
• Reed v. State
  783 So. 2d 1192· Fla. 1st DCA· 2001-05-01 ·cited 46×
  Loretta Reed appeals her conviction for aggravated child abuse, challenging the trial court's refusal to allow the jury to view the victim's current injuries and arguing the jury instruction on 'malice' was erroneous. The First District Court of Appeal affirmed the conviction, ho
• Gold, Vann & White, P.A. v. DeBERRY
  639 So. 2d 47· Fla. 4th DCA· 1994-04-27 ·cited 46×
  In this medical malpractice case arising from a birth injury, the appellate court reversed and remanded for new trial due to erroneous admission of inflammatory settlement agreement language, improper jury evidence, and evidentiary errors, though it affirmed the directed verdict
• THE Florida BAR v. Miele
  605 So. 2d 866· Fla.· 1992-10-08 ·cited 46×·via Abuse Of Discretion Standard For Costs
  The court held that a public reprimand and payment of costs were appropriate disciplinary actions for an attorney who failed to account for his time and communicate fee awards to clients.
• United States v. Pettit
  903 F.2d 1336· 10th Cir.· 1990-05-25 ·cited 46×
  The court affirmed the conviction but reversed the sentence, finding the upward adjustment for role in the offense was improperly applied.
• United States v. Arvanitis
  902 F.2d 489· 7th Cir.· 1990-05-03 ·cited 46×
  The court held that a mere inaccurate prediction of sentencing by counsel does not constitute ineffective assistance, but remanded restitution orders where legal fees were improperly included or where causation of loss was not established.
• Rosario-Torres v. Hernandez-Colon
  889 F.2d 314· 1st Cir.· 1989-11-08 ·cited 46×
  The court held that public employees, even if hired in violation of technical regulations, acquire a constitutionally protected property interest in their jobs once hired and performing their duties, entitling them to due process before termination.
• United States v. Shukitis
  877 F.2d 1322· 7th Cir.· 1989-06-13 ·cited 46×·via Abuse Of Discretion Standard For Evidentiary Rulings
  The court held that the district court did not abuse its discretion in admitting tape recordings and testimony of prior drug purchases, nor did it err in denying an entrapment instruction, and that the defendant waived his right to be present at in-chambers conferences.
• Ishmael Jaffree v. Wallace
  837 F.2d 1461· 11th Cir.· 1988-01-22 ·cited 46×
  The court held that the doctrine of res judicata barred the plaintiffs' action because the issues and parties were sufficiently identical to a prior litigation, and the district court did not err in denying the motion to recuse.
• Howland v. Kilquist
  833 F.2d 639· 7th Cir.· 1987-11-09 ·cited 46×
  The court held that a prisoner must show actual or probable detriment to prove denial of meaningful access to the courts, and that a transfer was not retaliatory if based on established procedure.
• Vargas v. U.S. Dep't of Immigr. & Naturalization
  831 F.2d 906· 9th Cir.· 1987-11-04 ·cited 46×
  The court held that Vargas failed to exhaust administrative remedies for his due process claim concerning correctable procedural errors, and the BIA did not abuse its discretion in denying his waiver of deportation.
• Lake Nacimiento Ranch Co. v. Cnty. OF SAN Luis Obispo
  830 F.2d 977· 9th Cir.· 1987-10-15 ·cited 46×
  The court held that the Ranch's "as applied" taking claim was not ripe, its facial challenge was unsupported, and its due process claim failed due to adequate state remedies and lack of municipal policy. The denial of attorneys' fees to the County was not an abuse of discretion.
• Real v. Hogan
  828 F.2d 58· 1st Cir.· 1987-09-11 ·cited 46×
  The court affirmed the jury verdict, holding that the trial court did not abuse its discretion in denying motions for a new trial, mistrial, or continuance, and properly admitted the simulated evidence.
• United States v. Shaw
  824 F.2d 601· 8th Cir.· 1987-07-14 ·cited 46×
  The court held that the condition of the victim's hymen, as described by medical professionals, did not constitute an 'injury' under Federal Rule of Evidence 412(b)(2)(A), and therefore evidence of the victim's past sexual behavior was correctly excluded. The court also held that
• United States v. Gonzalez
  800 F.2d 895· 9th Cir.· 1986-09-23 ·cited 46×
  The court held that convictions for armed bank robbery and using a firearm during a crime of violence do not violate the Double Jeopardy Clause, and that the district court did not abuse its discretion in denying motions for continuance, substitute counsel, or dismissal of the in
• Alphonso Thompson v. The Hous. Auth. OF the City OF LOS Angeles
  782 F.2d 829· 9th Cir.· 1986-02-11 ·cited 46×
  The court held that the district court did not abuse its discretion in dismissing the action for failure to comply with pretrial orders and local rules, nor in denying the motion for relief under Rule 60(b).
• Espinoza-Martinez v. Immigr. & Naturalization Serv.
  754 F.2d 1536· 9th Cir.· 1985-03-08 ·cited 46×
  The majority failed to properly apply the law to the facts when denying political asylum.
• Lynch v. City OF Milwaukee
  747 F.2d 423· 7th Cir.· 1984-10-31 ·cited 46×
  The court held that the district court did not abuse its discretion in awarding attorney's fees, including a negative multiplier, despite the nominal damages awarded.
• United States v. Nero
  733 F.2d 1197· 7th Cir.· 1984-04-25 ·cited 46×
  The court held that the district court did not abuse its discretion in denying the motion for a new trial based on newly discovered evidence, and the ineffective assistance of counsel claim was not properly before the court.
• Textor v. Bd. OF Regents OF N. Ill. Univ.
  711 F.2d 1387· 7th Cir.· 1983-07-06 ·cited 46×
  The court held that the district court abused its discretion in denying leave to amend the complaint and that the attorneys were denied a fair hearing on the award of attorney's fees.
• DELTA AIR Lines, Inc. v. McCOY Rests., Inc.
  708 F.2d 582· 11th Cir.· 1983-06-27 ·cited 46×
  The court held that a federal court may not enjoin state court proceedings to protect a prior state court judgment, and that the airlines failed to demonstrate that a state court ruling on state law claims would undermine the integrity of prior federal court judgments.
• United States v. O'Malley
  707 F.2d 1240· 11th Cir.· 1983-06-23 ·cited 46×·via Abuse Of Discretion Standard For Severance
  The court held that the evidence was sufficient to support convictions for mail fraud and extortion, that cross-examination regarding unreported campaign contributions was proper impeachment, and that the trial court did not abuse its discretion in denying a motion for severance.
• Louis M. Damiani, M.D. v. R.I. Hosp.
  704 F.2d 12· 1st Cir.· 1983-03-30 ·cited 46×
  The court held that the district court did not abuse its discretion in dismissing the case for willful misconduct of counsel in failing to comply with discovery orders.
• Lorin Corp. v. Goto & Co., Ltd.
  700 F.2d 1202· 8th Cir.· 1983-03-04 ·cited 46×
  The court held that the plaintiff's failure to file timely objections to the magistrate's report did not waive their right to appeal, but the district court did not abuse its discretion in dismissing the complaint with prejudice due to wilful and repeated failure to comply with d
• United States v. Behrens
  689 F.2d 154· 10th Cir.· 1982-09-09 ·cited 46×·via Abuse Of Discretion Standard For Severance
  The court held that the defendants' convictions for conspiracy to distribute narcotics were valid, affirming the trial court's decisions regarding evidence, indictment, severance, and sufficiency of evidence.
• United States v. Armstrong
  654 F.2d 1328· 9th Cir.· 1981-08-17 ·cited 46×
  A properly balanced Allen charge, given before deliberations or allowed in the jury room, is not inherently coercive.
• United States v. Glennon E. Engleman
  648 F.2d 473· 8th Cir.· 1981-05-06 ·cited 46×
  The court held that evidence of prior similar crimes is admissible to prove intent, and tape recordings made with one party's consent are admissible under the Fourth Amendment. However, a co-conspirator's statement made after the conspiracy's objective was achieved is inadmissibl
• Norwilton Murray v. Fairbanks Morse
  610 F.2d 149· 3d Cir.· 1979-11-29 ·cited 46×·via Manifest Abuse Of Discretion
  The court affirmed the judgment, holding that the Virgin Islands comparative negligence statute could be applied to strict products liability actions to reduce damages based on plaintiff's fault, and that the jury's damage award was not excessive.
• United States v. Thelbert C. Elders
  569 F.2d 1020· 7th Cir.· 1978-02-01 ·cited 46×·via Abuse Of Discretion In Limiting Cross-Examination
  The court held that the evidence of extortion affecting interstate commerce was overwhelming, even if some specific payments did not meet the threshold.
• Perenic v. Castelli
  353 So. 2d 1190· Fla. 4th DCA· 1977-12-06 ·cited 46×
  The appellate court affirmed the trial court's order granting a new trial on damages, finding the jury's award was grossly inadequate and shocked the conscience of the court.
• United States v. Schilleci
  545 F.2d 519· 5th Cir.· 1977-01-17 ·cited 46×
  The court held that the trial court erred in failing to instruct the jury on the relevance of the defendant's ignorance of the law to his specific intent and in giving a "Mann charge" that improperly shifted the burden of proof.
• Alianza Federal de Mercedes v. Fed. Commc'ns Comm'n
  539 F.2d 732· D.C. Cir.· 1976-04-27 ·cited 46×
  Disclosure of licensee financial information is not required as a matter of law, and no substantial and material issues of fact were raised that would require an evidentiary hearing on the Petition to Deny the Renewal Application.
• Cnty. OF Alameda v. Caspar W. Weinberger
  520 F.2d 344· 9th Cir.· 1975-06-19 ·cited 46×·via Abuse Of Discretion Standard For Preliminary Injunctions
  A final determination of disallowance under the Social Security Act is subject to judicial review under the Administrative Procedure Act, and the district court did not abuse its discretion in granting a preliminary injunction.
• Strickland v. Hon. Rogers C. B. Morton
  519 F.2d 467· 9th Cir.· 1975-06-18 ·cited 46×
  The court held that the district court lacked jurisdiction to review the Secretary of the Interior's land classification decision because the appellants failed to allege facts demonstrating an abuse of discretion that violated a legal mandate or restriction, instead merely disagr
• United States v. Francischine
  512 F.2d 827· 5th Cir.· 1975-05-09 ·cited 46×
  The validity of an underlying conviction cannot be asserted as a defense in a probation revocation proceeding; such challenges must be made in a separate collateral attack proceeding under 28 U.S.C.A. § 2255.