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. Baykowski
  583 F.2d 1046· 8th Cir.· 1978-09-14 ·cited 4×
  The court held that the district court did not abuse its discretion in suppressing a photographic identification due to its unreliability.
• United States v. Eckman
  581 F.2d 587· 6th Cir.· 1978-08-21 ·cited 4×
  The court held that the prior unpublished decision was dispositive of the Rule 11 issue for Eckman, and that the district court complied with Rule 11 for Olive, thus neither appellant could withdraw their guilty plea.
• Audiovisual Publishers, Inc. v. Cenco
  580 F.2d 50· 2d Cir.· 1978-07-19 ·cited 4×·via Abuse Of Discretion Standard On Appeal
  The court affirmed the denial of a motion to vacate a consent judgment, finding no abuse of discretion by the trial court.
• United States v. Stewart
  581 F.2d 973· D.C. Cir.· 1978-07-05 ·cited 4×
  The court held that the trial judge did not abuse discretion in allowing impeachment of the defendant with prior convictions.
• Empiregas, Inc. v. Thomas
  359 So. 2d 15· Fla. 1st DCA· 1978-05-26 ·cited 4×
  The trial court abused its discretion by failing to enforce a noncompetition clause in an employment agreement, as the statute allows for such agreements and the proof justified an injunction.
• Bettye J. Smith v. Merchs. & Farmers Bank of W. Helena
  574 F.2d 982· 8th Cir.· 1978-05-04 ·cited 4×
  The court held that the district court did not abuse its discretion in denying class action certification because the plaintiff failed to meet her burden of proof, particularly regarding the adequacy of representation and the failure to brief key issues.
• Wattenmaker v. Wattenmaker
  358 So. 2d 227· Fla. 3d DCA· 1978-04-25 ·cited 4×
• Yankow v. Yankow
  357 So. 2d 468· Fla. 2d DCA· 1978-04-14 ·cited 4×
  Husband's appeal of alimony award affirmed where trial court ordered $5,000 lump-sum alimony upon inheritance receipt plus $50 weekly payments, finding no abuse of discretion under the wife's need and husband's ability to pay standard.
• Ellynn Josephs v. Josephs
  357 So. 2d 206· Fla. 3d DCA· 1978-03-21 ·cited 4×
  In this Florida divorce appeal, the wife challenges the trial court's award of alimony and attorney fees, while the husband cross-appeals, contending the periodic alimony is excessive. The appellate court affirms the trial court's discretionary determinations regarding the divisi
• von Pervieux v. Immigr. & Naturalization Serv.
  572 F.2d 114· 3d Cir.· 1978-02-23 ·cited 4×
  The court held that the Board of Immigration Appeals did not abuse its discretion in denying the petitioners' application for adjustment of status, as there was substantial factual support in the record for the finding that they entered the United States with a preconceived inten
• United States v. Robinson
  553 F.2d 429· 5th Cir.· 1977-06-02 ·cited 4×
  The court held that the Federal Public Defender System is constitutional and that the defendant's speedy trial rights, right to a continuance, and the sufficiency of the evidence were not violated.
• United States v. Carter
  549 F.2d 1164· 8th Cir.· 1977-02-22 ·cited 4×
  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.
• United States v. Bernstein
  546 F.2d 109· 5th Cir.· 1977-01-28 ·cited 4×
  The court held that the trial court did not err in refusing to disclose the presentence report after sentencing and that the sentence imposed was not an abuse of discretion.
• Hillsboro News Co. v. City OF Tampa
  544 F.2d 860· 5th Cir.· 1977-01-03 ·cited 4×
  The court held that the district court did not abuse its discretion in granting the preliminary injunction.
• Marr v. Rife
  545 F.2d 554· 6th Cir.· 1976-12-02 ·cited 4×
  The court held that the district court did not abuse its discretion in awarding minimal compensatory damages and a reduced attorney fee award, as the plaintiffs' evidence was speculative and the award was proportionate to their success.
• United States v. Lind
  542 F.2d 598· 2d Cir.· 1976-10-15 ·cited 4×·via Abuse Of Discretion In Limiting Cross-Examination
  The court held that the trial judge did not abuse discretion in limiting cross-examination and that the confession was admissible and evidence sufficient.
• Fuhrman v. DOW
  540 F.2d 396· 8th Cir.· 1976-08-19 ·cited 4×
  The court held that the National Transportation Safety Board did not abuse its discretion in suspending the petitioner's airman certificate for 30 days.
• Dorr-Oliver v. Parnell
  334 So. 2d 629· Fla. 2d DCA· 1976-07-09 ·cited 4×
  The court affirmed the trial court's order granting a motion for a new trial.
• Bertram v. Bertram
  334 So. 2d 70· Fla. 3d DCA· 1976-06-02 ·cited 4×
  In this family law appeal, the court addressed whether obesity treatment expenses for a minor child constitute "extraordinary medical bills" under a divorce judgment. The court reversed the trial court's denial of the father's obligation to pay for specialized weight-reduction tr
• Dorothea Chase Turner v. Myers
  332 So. 2d 635· Fla. 3d DCA· 1976-05-25 ·cited 4×
  The court held that the probate judge did not abuse discretion in granting an extension of time for filing suit on claims against an estate. The court also affirmed the denial of a petition for compulsory payment of claims based on prior precedent.
• In re Pyramid Mobile Homes, Inc. v. Speake
  531 F.2d 743· 5th Cir.· 1976-05-13 ·cited 4×
  The court held that the district judge did not abuse his discretion in dismissing the appeal due to the appellant's inexcusable delay in prosecuting the appeal.
• United States v. Pineros
  532 F.2d 868· 2d Cir.· 1976-03-29 ·cited 4×
  The court held that while the government violated Rule 16 by failing to disclose certain psychiatric reports, the trial court did not abuse its discretion by allowing their use on cross-examination, as the defense failed to request a continuance and any prejudice was harmless.
• Boise Cascade Corp. & Subsidiary Cos. v. The United States
  530 F.2d 1367· Ct. Cl.· 1976-01-28 ·cited 4×
• City OF Hialeah & Chester Webb v. Carroll
  324 So. 2d 639· Fla. 3d DCA· 1976-01-13 ·cited 4×
  The court held that the trial court erred in denying the motion to set aside the default because service of process on both defendants was defective.
• Sec. & Exch. Comm'n v. First Sec. Co. OF Chicago
  528 F.2d 449· 7th Cir.· 1976-01-07 ·cited 4×
  The court held that the denial of compensation to the creditors' committee attorney was an abuse of discretion, and remanded for an award of expenses and fees. The court affirmed the compensation awarded to the receiver's attorneys.
• Al Feldman v. Alda Phyllis Feldman
  324 So. 2d 117· Fla. 3d DCA· 1975-12-09 ·cited 4×
  The court held that the award of attorneys' fees was proper, but the assessment of costs was improperly calculated and must be remanded.
• United States v. Lewis
  522 F.2d 1367· 5th Cir.· 1975-10-29 ·cited 4×
  The court held that the district court's dismissal of the appeal for lack of excusable neglect could not be reviewed without specific findings, thus requiring remand.
• Bonds v. State
  318 So. 2d 521· Fla. 3d DCA· 1975-09-16 ·cited 4×
• Division OF Administration v. Condo. Int'l
  317 So. 2d 811· Fla. 3d DCA· 1975-07-29 ·cited 4×
  The Florida Department of Transportation appealed an award of $225,000 in attorney's fees to the condemnee's lawyer in an eminent domain case. The appellate court affirmed the award, holding that while high, it did not constitute an abuse of discretion given the case's complexity
• Arenson v. Chicago Mercantile Exch.
  520 F.2d 722· 7th Cir.· 1975-07-11 ·cited 4×
  The court held that the Exchange Service Fee imposed by Rule 136 was not an increase in minimum commission rates and therefore did not violate the prior court order approving the settlement agreement.
• Caldwell v. The United States Dep't OF Hous. & Urban Dev. ["HUD"]
  522 F.2d 4· 4th Cir.· 1975-06-27 ·cited 4×
  The court affirmed the district court's denial of a temporary injunction and denied the appellants' motion to dismiss the appeal.
• Kisteneff v. Tiernan
  514 F.2d 896· 1st Cir.· 1975-04-23 ·cited 4×
  The court held that the district court did not abuse its discretion in ordering separate trials for liability and damages, as it was done to avoid a significant delay that could impair jury deliberations.
• Igna S. Mueller v. Mueller
  307 So. 2d 195· Fla. 3d DCA· 1975-02-04 ·cited 4×
  In this family law appeal, the ex-wife challenged a modification order increasing child support and denying her request for the ex-husband to pay her attorney's fees. The court affirmed the trial court's modest increase in child support and its determination that both parties sho
• Burnett v. The Coleman Co.
  507 F.2d 726· 6th Cir.· 1974-12-10 ·cited 4×·via Abuse Of Discretion Standard On Appeal
  The court affirmed the district court's order of remittitur, finding it was not an abuse of discretion, but remanded to offer plaintiffs the choice of accepting the reduced award or a new trial.
• Nat'l Labor Relations Bd. v. Glacier Packing Co., Inc.
  507 F.2d 415· 9th Cir.· 1974-11-21 ·cited 4×
  The court held that the Administrative Law Judge did not abuse discretion in denying the respondent's request for a continuance.
• United States v. Granger
  504 F.2d 585· 9th Cir.· 1974-09-24 ·cited 4×
  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.
• Indep. Bankers Ass'n OF Am. v. Bd. of Governors of the Fed. Reserve Sys.
  500 F.2d 812· D.C. Cir.· 1974-06-28 ·cited 4×
  The court held that the Board of Governors' adoption of Regulation J was not arbitrary, capricious, or an abuse of discretion.
• Impeach Nixon Comm. & Lynne Heidt v. Buck
  498 F.2d 37· 7th Cir.· 1974-04-23 ·cited 4×
  The court held that the CTA's denial of the plaintiffs' advertisement was likely unconstitutional, and a preliminary injunction should issue.
• Ellis P. Block v. Dist. of Columbia
  492 F.2d 646· D.C. Cir.· 1974-01-31 ·cited 4×
  The court held that the District Court abused its discretion by certifying the case to the Superior Court without sufficient justification or stated reasons, particularly when the record did not clearly establish that the amount in controversy was less than $50,000.
• Vivian Greene, Inc. v. Levine
  287 So. 2d 135· Fla. 3d DCA· 1973-12-21 ·cited 4×
  Vivian Greene, Inc. and Vivian Greene appealed an order denying their motion for jury trial on issues relating to plaintiff's claim of entitlement to 10% of corporate stock based on an alleged oral contract. The Florida District Court of Appeal affirmed the trial court's discreti
• Spencer Cos., Inc. v. Armonk Indus., Inc.
  489 F.2d 704· 1st Cir.· 1973-12-20 ·cited 4×
  The court held that the denial of a temporary restraining order, under the circumstances, was appealable as a denial of a preliminary injunction, but affirmed the denial of injunctive relief.
• Kohn v. Am. Metal Climax, Inc.
  489 F.2d 262· 3d Cir.· 1973-12-12 ·cited 4×
  The court held that the district court had the authority to approve a post-judgment settlement in a class action and that the settlement was fair and reasonable.
• Giacoio v. Giacoio
  286 So. 2d 225· Fla. 3d DCA· 1973-12-04 ·cited 4×
  The appellate court affirmed the trial court's denial of a modification of custody and visitation, finding the evidence substantially supported the trial judge's decision.
• Carter v. Howarth
  285 So. 2d 442· Fla. 1st DCA· 1973-11-20 ·cited 4×
  The trial court did not abuse its discretion in granting a motion to add beneficiaries and property purchasers as parties defendants.
• Cal. Molasses Co. v. C. Brewer & Co.
  479 F.2d 60· 9th Cir.· 1973-04-18 ·cited 4×
  The court held that the dismissal of the antitrust action for failure to prosecute was not an abuse of discretion.
• Nat'l Labor Relations Bd. v. Hijos de Ricardo Vela, Inc.
  475 F.2d 58· 1st Cir.· 1973-03-05 ·cited 4×·via Abuse Of Discretion In Denying Continuance
  The court held that the Trial Examiner did not abuse her discretion in denying a continuance, and therefore the Board's order is enforceable.
• Schicke v. Romney
  474 F.2d 309· 2d Cir.· 1973-02-20 ·cited 4×·via Arbitrary, Capricious, Or Abuse Of Discretion Standard
  The court held that the Secretary of HUD's approval of open-space land conversion was invalid because the administrative record did not demonstrate compliance with the statutory requirement to find the conversion was in accord with the applicable comprehensive plan.
• State OF La. v. Fed. Power Comm'n
  476 F.2d 140· 5th Cir.· 1973-02-07 ·cited 4×·via Abuse Of Administrative Discretion
  The court held that the Federal Power Commission has jurisdiction to order curtailment plans affecting direct sale customers and that its chosen method of pipeline-by-pipeline consideration is not an abuse of discretion. It also adopted the reasoning from a prior case regarding t
• Ellis v. The Flying Tiger Corp.
  504 F.2d 1004· 7th Cir.· 1972-10-27 ·cited 4×
  The court held that the trial court abused its discretion by awarding $600,000 in attorneys' fees without adequate justification, as the benefits to the class were not clearly attributable to counsel's efforts and the litigation involved minimal preparation.
• Palladino v. State
  267 So. 2d 837· Fla. 3d DCA· 1972-10-17 ·cited 4×
  The court held that the trial court did not err in denying the motion for continuance or the motion to suppress contraband evidence.