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. Whitford
  758 F.2d 329· 8th Cir.· 1985-04-01 ·cited 4×
  The court held that it lacked jurisdiction to review the denial of the § 2255 motion due to untimely notices of appeal, and affirmed the denial of the motion to reconsider.
• Kuntz v. Kuntz
  464 So. 2d 1349· Fla. 1st DCA· 1985-03-15 ·cited 4×
  In this family law appeal, a father challenges a trial court's modification of a divorce judgment that changed shared parental responsibility into a primary residence arrangement with the mother in Tennessee. The appellate court affirmed the modification, holding that the parties
• United States v. Young
  756 F.2d 64· 8th Cir.· 1985-03-01 ·cited 4×
  The court held that the district court did not abuse its discretion in revoking probation, even if some violations were previously considered for modification.
• Horan v. Horan
  464 So. 2d 224· Fla. 4th DCA· 1985-02-27 ·cited 4×
  The appellate court affirmed the denial of a motion to continue a contempt hearing but reversed the dismissal of a petition to set aside a property settlement agreement. The court found that the husband had presented a prima facie case of fraud regarding an oral promise made by t
• AETNA Cas. & Sur. Co. v. Kaufman
  463 So. 2d 520· Fla. 3d DCA· 1985-02-12 ·cited 4×
  The appellate court affirmed the trial court's order granting a new trial solely on damages.
• Green v. W.J. Green
  463 So. 2d 510· Fla. 1st DCA· 1985-02-11 ·cited 4×
  The court held that the trial court abused its discretion in awarding inadequate permanent periodic alimony, but affirmed the award of rehabilitative alimony.
• Ginnodo v. Off. OF Pers. Mgmt.
  753 F.2d 1061· Fed. Cir.· 1985-02-04 ·cited 4×
  The agency abused its discretion by establishing a competitive area that excluded the employee from adequate competition, contrary to the purpose of reduction-in-force regulations.
• In re McCOMBS v. McCOMBS
  751 F.2d 286· 8th Cir.· 1984-12-28 ·cited 4×
  The court held that the bankruptcy court did not abuse its discretion in awarding $64.10 for trustee expenses and $150.00 for attorney fees, as these amounts were reasonable compensation under 11 U.S.C. § 330.
• United States v. Rush
  749 F.2d 1369· 9th Cir.· 1984-12-26 ·cited 4×
  The court held that the district court did not abuse its discretion in denying the motion for a new trial, finding sufficient evidence and adequate jury instructions.
• Glazer Steel Corp. v. Interstate Commerce Comm'n & the United States
  748 F.2d 1006· 5th Cir.· 1984-12-17 ·cited 4×
  The court held that the ICC's decision to grant abandonment was supported by substantial evidence and was not arbitrary, capricious, or an abuse of discretion.
• Equal Emp. Opportunity Comm'n v. Tarrant Distribs., Inc.
  750 F.2d 1249· 5th Cir.· 1984-10-26 ·cited 4×
  The court held that the district court did not abuse its discretion in denying attorney's fees to a successful defendant in a Title VII suit filed by the EEOC.
• Am. Commercial Lines, Inc. v. The United States
  746 F.2d 1351· 8th Cir.· 1984-10-24 ·cited 4×
  The court held that the district court did not abuse its discretion in denying a deckhand leave to file a late claim for personal injury after the monition period expired.
• Harris v. United States
  745 F.2d 535· 8th Cir.· 1984-10-11 ·cited 4×
  The court held that the district court did not abuse its discretion in denying a preliminary injunction because the plaintiff failed to show irreparable harm, as adequate remedies exist in the Court of Claims.
• State of Mich. v. Sec'y OF Health & Human Servs.
  744 F.2d 32· 6th Cir.· 1984-09-14 ·cited 4×
  The court held that it lacked jurisdiction to directly review the state's petition, but the district court had jurisdiction to review the disallowance, and affirmed the district court's decision upholding the agency's interpretation of its regulation.
• Moran v. Vermeer Mfg. Co.
  742 F.2d 456· 8th Cir.· 1984-08-29 ·cited 4×
  The court held that the trial court did not abuse its discretion in denying a new trial based on discovery issues or the exclusion of evidence of prior accidents, and any error in jury instructions was harmless.
• Perwolf v. Immigr. & Naturalization Serv.
  741 F.2d 1109· 8th Cir.· 1984-08-27 ·cited 4×
  The court held that the Board of Immigration Appeals did not abuse its discretion in denying the Perwolfs' motion to reopen and reconsider their deportation order, as they failed to establish eligibility for investor status or asylum.
• Nan E. Matthews v. Worthen Bank & Tr. Co.
  741 F.2d 217· 8th Cir.· 1984-08-23 ·cited 4×·via Abuse Of Discretion Standard For Evidentiary Rulings
  The court held that the Fair Credit Reporting Act (FCRA) does not apply to credit reports obtained solely for a commercial transaction, and the district court did not err in excluding evidence.
• Jones v. Nuclear Pharmacy, Inc.
  741 F.2d 322· 10th Cir.· 1984-08-22 ·cited 4×
  The court held that an objecting shareholder is not automatically entitled to live testimony at a settlement hearing, and the trial court did not abuse its discretion in approving the settlement without it.
• Borgess v. State
  455 So. 2d 488· Fla. 1st DCA· 1984-08-14 ·cited 4×
  Steven Borgess was convicted of two counts of lewd and lascivious assault on a child based on the victim's trial testimony. On appeal, he challenged the denial of his motion for new trial based on the victim's post-trial recantation and alleged Brady violation, but the court affi
• Amrut Narandas Patel v. Landon
  739 F.2d 1455· 9th Cir.· 1984-08-10 ·cited 4×
  The court held that the appellant's departure and return on advance parole did not strip him of his right to deportation proceedings, and his status must be adjudicated accordingly.
• Frisard v. Frisard
  453 So. 2d 1150· Fla. 4th DCA· 1984-07-11 ·cited 4×
  A trial court does not abuse its discretion in awarding primary residential custody to the mother where competent evidence establishes the mother's fitness and capability and the father's prior wrongful concealment of the child, even when the father presents psychological testimo
• United States v. Maurizio P. Rendini
  738 F.2d 530· 1st Cir.· 1984-07-10 ·cited 4×·via Abuse Of Discretion Standard For Evidentiary Rulings
  The court held that the mail fraud statute was applicable and constitutional, and that Rendini's various evidentiary and constitutional objections lacked merit.
• Inez Martin v. Heckler
  733 F.2d 1499· 11th Cir.· 1984-06-08 ·cited 4×
  Plaintiffs were prevailing parties entitled to attorneys fees, but special circumstances justified the denial of an award.
• Safeway Ins. Co. & Bruce D. Sutton v. Saxon
  452 So. 2d 60· Fla. 3d DCA· 1984-05-22 ·cited 4×
  In a negligence action, the defendant failed to appear on the second day of trial. The trial court denied the defense's motions for continuance and to read the defendant's deposition, and later permitted plaintiff's rebuttal argument on damages after defense counsel argued for a
• Holloway v. United States
  734 F.2d 506· 10th Cir.· 1984-05-15 ·cited 4×
  The court held that the district court did not abuse its discretion in dismissing the plaintiff's action with prejudice for repeated failure to comply with court orders.
• Pulitzer v. Pulitzer
  449 So. 2d 370· Fla. 4th DCA· 1984-04-18 ·cited 4×
  Roxanne Pulitzer appealed a final judgment in a contested dissolution of marriage involving determinations of child residence, alimony, and property rights following an 18-day trial. The Fourth District Court of Appeal affirmed the trial court's judgment in all respects, finding
• Duke v. The Univ. OF Tex. AT EL Paso
  729 F.2d 994· 5th Cir.· 1984-04-16 ·cited 4×·via Abuse Of Discretion Standard For Discovery Rulings
  The court held that the district court abused its discretion by unduly restricting discovery, which prejudiced the plaintiff's ability to obtain class certification and prove her individual discrimination claim.
• United States v. Bunch
  730 F.2d 517· 7th Cir.· 1984-03-28 ·cited 4×
  A trial judge's review of a presentence report after rejecting a negotiated plea agreement does not automatically require recusal, and the decision to deny recusal is reviewed for abuse of discretion or actual prejudice.
• DeSHANE v. Deere & Co.
  726 F.2d 443· 8th Cir.· 1984-02-07 ·cited 4×
  The court held that the district court's dismissal order must be vacated and the case remanded because the district court failed to make sufficient factual findings or articulate its reasoning, hindering meaningful appellate review.
• Gahr Developments v. Nedlloyd Lijnen
  723 F.2d 1190· 5th Cir.· 1984-01-30 ·cited 4×
  The court held that the district court did not abuse its discretion in dismissing the case for forum non conveniens because the balance of private and public interest factors strongly favored dismissal.
• In re The Est. OF Charles M. McARTHUR v. Gentry
  443 So. 2d 1052· Fla. 4th DCA· 1984-01-04 ·cited 4×
• Emilcar Bermudez v. Reid
  720 F.2d 748· 2d Cir.· 1983-11-01 ·cited 4×
  The court denied the Attorney General's motion for a stay pending appeal, requiring the state to release the petitioner, but later granted reconsideration and a stay pending appeal due to new information.
• Steger v. Def. Investigative Serv. Dep't of Def.
  717 F.2d 1402· D.C. Cir.· 1983-09-13 ·cited 4×
  The court held that the MSPB's denial of attorney fees was arbitrary and capricious because it failed to consider the agency's duty to investigate exonerating facts presented by the employee.
• Richard "Dick" Robinson v. United States
  718 F.2d 336· 10th Cir.· 1983-09-08 ·cited 4×
  The court held that the administrative law judge did not err in precluding affirmative defenses and that the $500 fine was not excessive, affirming the agency's order.
• Dick A. LEE v. Fla. Dep't of Hwy. Safety & Motor Vehicles
  438 So. 2d 405· Fla. 4th DCA· 1983-08-31 ·cited 4×
  A reinstated Florida highway patrolman challenged the Career Service Commission's authority to offset his back pay award by income earned and unemployment compensation received during his dismissal period. The court upheld the Commission's power to impose such offsets, holding th
• Forster v. Forster
  436 So. 2d 966· Fla. 3d DCA· 1983-07-26 ·cited 4×
  In this dissolution of marriage appeal, the Florida District Court of Appeal reversed the trial court's alimony and property division awards, finding that a wife of 22 years who sacrificed her career to support her husband through medical school was "shortchanged" by receiving on
• Krueger v. State Farm Mut. Auto. Ins. Co.
  707 F.2d 312· 8th Cir.· 1983-05-04 ·cited 4×
  The court held that the trial court did not abuse its discretion in denying the motion for a new trial or in excluding lay opinion testimony, as there was sufficient evidence to support the jury's verdict and the exclusion was proper under the rules of evidence.
• United States v. Holt
  704 F.2d 1140· 9th Cir.· 1983-04-27 ·cited 4×
  The district court did not abuse its discretion by not holding a hearing on the Rule 35 motion for modification of sentence.
• Hoots v. Commonwealth OF Pa.
  703 F.2d 722· 3d Cir.· 1983-03-28 ·cited 4×
  The court held that the district court did not abuse its discretion in ordering the desegregation of elementary schools and in rejecting the appellant's desegregation plan, affirming the district court's judgment.
• Magarowicz v. Magarowicz
  429 So. 2d 376· Fla. 1st DCA· 1983-03-17 ·cited 4×
  In a divorce appeal, the wife challenged the trial court's decision to award her the marital home and an automobile as lump sum alimony while denying permanent periodic alimony and refusing to reserve jurisdiction for future alimony awards. The appellate court affirmed, holding t
• Jensen v. Klecker
  702 F.2d 131· 8th Cir.· 1983-03-10 ·cited 4×
  The court held that the denial of a Rule 60(b) motion is reviewed for abuse of discretion and cannot be used to review an underlying decision not timely appealed.
• Thiel v. Thiel
  426 So. 2d 1212· Fla. 4th DCA· 1983-02-09 ·cited 4×
  The court affirmed the trial court's division of marital assets and alimony awards in a 17-year marriage dissolution, but modified the judgment to award all silver to the wife and require the husband to pay the children's medical expenses.
• Stewart Cap. Corp. v. Andrus
  701 F.2d 846· 10th Cir.· 1983-02-04 ·cited 4×·via Abuse Of Administrative Discretion
  The court held that the Interior Board of Land Appeals abused its discretion by applying its interpretation of 43 C.F.R. § 3102.6-1(a)(2) retroactively to lease offers submitted under prior BLM practice.
• Gellman v. Wolf
  424 So. 2d 972· Fla. 3d DCA· 1983-01-11 ·cited 4×
  Trial court's award of attorney's fees to former wife in visitation enforcement proceeding affirmed because no abuse of discretion was shown and trial court's findings of fact are presumed correct.
• Eldon H. Dahl and Jeanette M. Dahl v. The United States
  695 F.2d 1373· Fed. Cir.· 1982-12-15 ·cited 4×·via Abuse Of Administrative Discretion
  The court held that the FmHA was justified in refusing to disburse loan funds and terminating the loan due to the plaintiffs' default and changed circumstances, and therefore, the plaintiffs have no claim for damages.
• Marielise Wagner v. Mack
  422 So. 2d 1045· Fla. 4th DCA· 1982-12-01 ·cited 4×
  The court affirmed the trial court's denial of the wife's motion to set aside a post-judgment settlement agreement in a dissolution of marriage case, finding clear evidence of voluntariness and no abuse of discretion.
• Tenant Affairs Bd. v. Pierce
  693 F.2d 797· 8th Cir.· 1982-11-30 ·cited 4×
  The court affirmed the denial of a preliminary injunction, finding no abuse of discretion regarding the district court's determination of no irreparable harm.
• Simmons v. S.C. State Ports Auth.
  694 F.2d 63· 4th Cir.· 1982-11-29 ·cited 4×
  The court held that the employees' claims for retroactive pension credit were time-barred, and that their subsequent motion to review the settlement compliance report was untimely.
• Hilsman v. Hilsman
  421 So. 2d 770· Fla. 4th DCA· 1982-11-10 ·cited 4×
  The trial court has continuing jurisdiction to stay a final judgment of dissolution and to award family support pending appeal, and this order is affirmed as no abuse of discretion was demonstrated.
• United States v. Palmer
  691 F.2d 921· 9th Cir.· 1982-11-05 ·cited 4×·via Abuse Of Discretion Standard For Evidence Admission
  The court held that cross-examination into a defendant's personal drug use, and impeachment with illegally obtained evidence after the defendant denies such use, are permissible.