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

• Eliason Corp. v. Nat'l Labor Relations Bd.
  688 F.2d 22· 6th Cir.· 1982-09-07 ·cited 4×·via Abuse Of Administrative Discretion
  The court held that the Board abused its discretion by adopting the Regional Director's report without reviewing the underlying evidence, and that Eliason's contentions raised sufficient questions to warrant a hearing.
• The Chase Manhattan Bank, N.A. v. Turabo Shopping Ctr., Inc.
  683 F.2d 25· 1st Cir.· 1982-07-23 ·cited 4×
  The court held that the district court did not abuse its discretion in appointing a receiver pendente lite in a mortgage foreclosure action, based on equitable grounds.
• Wilson v. Fenton
  684 F.2d 249· 3d Cir.· 1982-07-22 ·cited 4×
  The court held that the district court did not abuse its discretion in denying Wilson's motion to open the habeas corpus judgment because the Supreme Court's decision in Cuyler v. Adams was inapplicable to his factual situation.
• Tuepker v. Farmers Home Administration
  684 F.2d 550· 8th Cir.· 1982-07-15 ·cited 4×
  The court affirmed the district court's denial of a preliminary injunction, finding no abuse of discretion or erroneous legal premise.
• Higgins v. Johnson
  422 So. 2d 16· Fla. 2d DCA· 1982-07-12 ·cited 4×
  A trial court's grant of a continuance must be quashed where the plaintiff is terminally ill and might die before the new trial date, because the death would materially prejudice the plaintiff's legal position by converting his personal injury action into a wrongful death suit wi
• Elliott v. Sperry Rand Corp.
  680 F.2d 1225· 8th Cir.· 1982-06-23 ·cited 4×
  The court held that the district court did not abuse its discretion in approving the class action settlement and awarding interest to the class members, but erred in denying attorneys' fees to the named plaintiffs.
• Heim v. United States
  680 F.2d 564· 8th Cir.· 1982-06-22 ·cited 4×
  The court held that the Secretary's decision not to use his authority to destroy elk and pay indemnity was not clearly outside his delegated authority, and thus, mandamus was not warranted.
• Jensen v. Dole
  677 F.2d 678· 8th Cir.· 1982-05-14 ·cited 4×·via Abuse Of Discretion Standard On Appeal
  The court held that an appeal from the denial of a three-judge court is not immediately appealable unless the order is final or certified for interlocutory review. The denial of preliminary injunctive relief was affirmed.
• Finau F. Mila and Anau S. Fainga v. Dist. Dir. of the Denver
  678 F.2d 123· 10th Cir.· 1982-04-19 ·cited 4×
  The dissenting judge believes the INS should review foreign adoptions to preserve genuine family relationships, criticizing the trial court's reliance on formal adoption schemes.
• van Fripp v. State
  412 So. 2d 915· Fla. 4th DCA· 1982-04-14 ·cited 4×
• In re Endeco, Inc. v. Herzog
  675 F.2d 166· 8th Cir.· 1982-04-06 ·cited 4×
  The court held that the bankruptcy court did not err in denying compensation and ordering the return of funds, and that the district court properly affirmed this decision.
• Burkhalter v. Montgomery Ward & Co., Inc.
  676 F.2d 291· 8th Cir.· 1982-04-02 ·cited 4×
  The court held that the district court erred in denying appellants' motion to intervene to appeal the class action dismissal, but affirmed the district court's decision to strike the class action allegations.
• United States v. Williams
  674 F.2d 310· 4th Cir.· 1982-03-31 ·cited 4×
  The court held that the district court did not abuse its discretion in denying the government's post-judgment motion, as the motion did not present newly discovered evidence sufficient to warrant reopening the case or reconsideration of the waiver issue.
• United States v. The Bd. OF Sch. Comm'rs OF the City OF Indianapolis
  677 F.2d 1185· 7th Cir.· 1982-03-26 ·cited 4×
  The court held that the State of Indiana, as the sole party found liable for interdistrict desegregation violations, must bear the entire cost of the court-ordered remedy, and state statutes limiting such liability are inapplicable.
• Hejl v. The State OF Tex.
  664 F.2d 1273· 5th Cir.· 1982-01-04 ·cited 4×·via Abuse Of Discretion Standard On Appeal
  The court held that the district court did not abuse its discretion in dismissing the plaintiff's action with prejudice due to a clear record of delay and contumacious conduct.
• In re Corrugated Container Antitrust Litig. Atlas Container Co., Inc. v. Alton BOX Bd. Co.
  659 F.2d 1337· 5th Cir.· 1981-10-29 ·cited 4×
  The court held that the district court did not abuse its discretion in approving the settlements, as objections raised by settling defendants and dissident plaintiffs were without merit.
• Exxon Corp. & Gulf Oil Corp. v. Fed. Trade Comm'n
  665 F.2d 1274· D.C. Cir.· 1981-09-14 ·cited 4×
  The Federal Trade Commission has the statutory authority to issue protective orders limiting the disclosure of confidential documents subpoenaed during administrative proceedings, and such authority can be subdelegated to Administrative Law Judges.
• Cassandra van Nostrand, M.D. v. The Univ. OF Minn.
  656 F.2d 315· 8th Cir.· 1981-08-11 ·cited 4×
  The court held that the district court did not abuse its discretion in dismissing the action with prejudice for failure to comply with discovery procedures and court orders.
• United States v. Adcock
  651 F.2d 338· 5th Cir.· 1981-07-20 ·cited 4×
  The court held that the admission of the defendant's statements, made during trial and to a Secret Service agent, was proper as they were relevant to proving intent for obstruction charges and did not violate hearsay rules or Rule 403.
• United States v. McMANAMAN
  653 F.2d 458· 10th Cir.· 1981-07-08 ·cited 4×
  The court reviewed the admissibility of an insanity expert's testimony and whether the prosecution waived its objection by failing to timely object to the testimony.
• In re F & T Contractors, Inc. v. Mazur
  649 F.2d 1229· 6th Cir.· 1981-06-02 ·cited 4×
  The court held that a bankruptcy judge has discretion to deny arbitration when it would affect the interests of other creditors not represented in the arbitration, and that a bankruptcy court lacks summary jurisdiction over a debt claim when the debtor raises substantial defenses
• Shore v. Acands, Inc.
  644 F.2d 386· 5th Cir.· 1981-05-04 ·cited 4×
  The court held that the district court abused its discretion in granting a petition to perpetuate testimony under Federal Rule of Civil Procedure 27, as the petition did not comply with the requirements of Rule 27(a), (b), or (c).
• United States v. Mariano
  646 F.2d 856· 3d Cir.· 1981-05-01 ·cited 4×
  The court held that the motion for sentence reduction regarding the first sentence was untimely under Rule 35, and that the district court did not abuse its discretion in denying the motion for the second sentence.
• United States v. Devins
  646 F.2d 336· 8th Cir.· 1981-04-22 ·cited 4×
  The court held that the district court did not abuse its discretion in denying the defendant's presentence motion to withdraw his guilty plea.
• In re Adams v. Evans
  642 F.2d 173· 5th Cir.· 1981-04-10 ·cited 4×
  A bankruptcy court abuses its discretion by disallowing a contingent or unliquidated claim without providing a sufficient basis for its determination that liquidation would cause undue delay or that the claim is not capable of estimation.
• Rooks E. Crawford v. Fenton
  646 F.2d 810· 3d Cir.· 1981-03-27 ·cited 4×
  The dissenting judge would affirm the district court's grant of habeas corpus, finding that the trial judge's declaration of a mistrial violated the petitioner's double jeopardy rights by failing to consider alternatives.
• Guadarrama-Rogel v. Immigr. & Naturalization Serv.
  638 F.2d 1228· 9th Cir.· 1981-02-05 ·cited 4×
  The court held that the Board of Immigration Appeals did not abuse its discretion in denying the petitioner's application for suspension of deportation because he failed to establish extreme hardship.
• Nat'l Labor Relations Bd. v. Leavitt J. Cofer
  637 F.2d 1309· 9th Cir.· 1981-01-26 ·cited 4×
  The court held that the National Labor Relations Board properly exercised its jurisdiction, that employees were dismissed for protected activity, and that a bargaining order was appropriate.
• In re Cont'l Inv. Corp.
  642 F.2d 1· 1st Cir.· 1981-01-20 ·cited 4×
  The court held that the district court did not abuse its discretion in approving a compromise of creditors' claims, finding no merit in the appellants' procedural objections regarding the trustee's report, notice and hearing rights, or SEC advisory reports.
• Seniors United FOR Action v. RAY
  635 F.2d 746· 8th Cir.· 1980-12-31 ·cited 4×
  The court affirmed the district court's denial of a preliminary injunction, finding no abuse of discretion or erroneous legal premise.
• In re Est. of Robert J. Granger
  391 So. 2d 311· Fla. 4th DCA· 1980-12-10 ·cited 4×
  Victory Construction, a creditor of Robert Granger's estate, appealed the probate court's denial of its petition to set aside an attorney's fee award and its petition for payment of a claim. The Fourth District Court of Appeal affirmed, upholding the trial court's award of 50% of
• United States v. Coure
  632 F.2d 665· 6th Cir.· 1980-10-09 ·cited 4×
  The court held that the district court abused its discretion by denying the defendant's motion to withdraw his guilty plea without a hearing, especially after the government's drug allegations, which were not part of the plea agreement, became central to sentencing.
• In re Jackson Brewing Co. v. Herpel
  624 F.2d 605· 5th Cir.· 1980-08-21 ·cited 4×
  The Fifth Circuit affirmed the district court's approval of a compromise in a Chapter X reorganization, finding the district court adequately considered the relevant factors and had a sufficient factual basis for its decision.
• Taplin v. Taplin
  386 So. 2d 1199· Fla. 3d DCA· 1980-07-22 ·cited 4×
  In this Florida family law appeal, the wife challenges a postjudgment order limiting her attorney's fees to $6,429.40 (the amount escrowed) rather than the requested $15,000, and contends the fees should be assessed against the husband's escrow interest rather than her own. The a
• Grafco Realty, Inc. v. Ecclestone
  385 So. 2d 183· Fla. 4th DCA· 1980-07-09 ·cited 4×
  The court held that the trial court did not abuse its discretion in granting a motion for change of venue.
• Emrick v. Bethlehem Steel Corp.
  624 F.2d 450· 3d Cir.· 1980-06-30 ·cited 4×·via Abuse Of Discretion In Dismissal
  The court held that while the claim regarding violations of the consent decree should be heard by the supervising Alabama court, the claims of Title VII violations, failure to represent, and conspiracy should be heard by the Pennsylvania district court.
• Nat'l Labor Relations Bd. v. Manhattan Corp.
  620 F.2d 53· 5th Cir.· 1980-06-23 ·cited 4×
  A ballot with 'No' written on the back, despite instructions to mark an 'X' in a square, should be counted as a vote against representation if the voter's intent is clear.
• In re Robertson Class v. Nat'l Basketball Ass'n
  625 F.2d 407· 2d Cir.· 1980-06-11 ·cited 4×
  The court held that the settlement agreement grants players the right to present evidence to the Special Master to challenge compensation awards as penalties, and that teams may intervene in such challenges, but the Special Master must apply a clarified standard for determining i
• Maxwell H. Gluck and Muriel Gluck v. Am. Prot. Indus., Inc.
  619 F.2d 30· 9th Cir.· 1980-05-12 ·cited 4×
  The court held that the district court did not abuse its discretion in awarding attorneys' fees, as the award was based on a contractual obligation and the amount requested by the attorneys.
• United States v. Lucas
  619 F.2d 870· 10th Cir.· 1980-04-14 ·cited 4×
  The court held that the evidence was sufficient to support a jury finding of intimidation for bank robbery and that the trial court did not abuse its discretion in denying the defendant's request for hybrid representation.
• In re Oco-Bock v. Bankruptcy
  608 F.2d 1358· 10th Cir.· 1979-11-05 ·cited 4×
  The court held that the bankruptcy court abused its discretion by approving a settlement and distributing surplus funds when it knew, but the settling party did not, that there were no valid creditor claims.
• United States v. Mizani
  605 F.2d 739· 4th Cir.· 1979-09-12 ·cited 4×
  The court held that the district court did not abuse its discretion in refusing to remit any part of the forfeited bond, as the defendant's breach was willful and the surety provided no supervision or assistance.
• Mont. Power Co. v. Fed. Energy Regulatory Comm'n
  599 F.2d 295· 9th Cir.· 1979-06-22 ·cited 4×
  The court held that the Federal Power Commission did not abuse its discretion in requiring a utility to include only the depreciated original cost of an acquired transmission line in its rate base, despite the utility's higher acquisition cost.
• Mansour Wosough-Kia v. Immigr. & Naturalization Serv.
  597 F.2d 1311· 9th Cir.· 1979-06-04 ·cited 4×
  The court held that the Board of Immigration Appeals did not abuse its discretion in denying the motion to reopen deportation proceedings because the petitioner failed to present new evidence not previously available.
• United States v. Davis
  597 F.2d 648· 8th Cir.· 1979-05-04 ·cited 4×
  The court held that the jury's verdict was supported by sufficient evidence, and the denial of severance was not an abuse of discretion.
• Carter v. Parvin Romines
  593 F.2d 823· 8th Cir.· 1979-03-12 ·cited 4×
  The court held that a prior affirmance of dismissal, coupled with denial of certiorari, bars relitigation of issues, even if the law changes later.
• United States v. Algie Leonard Olsen
  589 F.2d 351· 8th Cir.· 1978-12-15 ·cited 4×·via Abuse Of Discretion Standard For Evidentiary Rulings
  The court held that the Speedy Trial Act's dismissal sanctions were not yet effective for the delay in retrial, and the admission of prior acts testimony was not an abuse of discretion.
• United States v. Flood
  586 F.2d 391· 5th Cir.· 1978-12-14 ·cited 4×
  The court held that the trial court did not abuse its discretion in denying the defendant's motions for a continuance, and the indictment was sufficient.
• Olen W. Meredith v. ST. Johns Cnty.
  365 So. 2d 740· Fla. 1st DCA· 1978-10-31 ·cited 4×
  This case involves an appeal by an attorney appointed to represent an indigent defendant charged with first-degree murder. The attorney argued that the trial court's award of $3,500 in attorney's fees was unreasonable, despite the case's complexity and over 305 hours of work. The
• Dash v. Dash
  363 So. 2d 48· Fla. 3d DCA· 1978-10-10 ·cited 4×
  Trial court's award of attorney's fees in a dissolution of marriage action was affirmed because it was supported by substantial competent evidence and did not constitute an abuse of discretion.