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

• Ettore Fontana and Cecelia Fontana v. United Bonding Ins. Co. v. Rockwood Ins. Co.
  468 F.2d 168· 3d Cir.· 1972-09-27 ·cited 4×
  The court held that the trial court did not abuse its discretion in denying a continuance and allowing intervention on the condition of no delay.
• United States v. Crowder
  464 F.2d 1284· 9th Cir.· 1972-08-22 ·cited 4×
  The court held that the trial judge did not abuse discretion in refusing to bifurcate the trial and that evidence of other crimes was admissible. The court also found no plain error regarding unobjected-to statements and that the jury instructions on intent were proper.
• United States v. Ruelas-Altamirano
  463 F.2d 1197· 9th Cir.· 1972-07-17 ·cited 4×·via Abuse Of Discretion Standard For Evidentiary Rulings
  The court held that the trial court did not abuse its discretion in refusing expert testimony, denying a mistrial, or in its handling of the interpreter.
• United States v. Harvey
  463 F.2d 1022· 4th Cir.· 1972-07-12 ·cited 4×
  A district judge does not abuse discretion by denying a defendant's motion to withdraw a guilty plea before sentencing if the defendant's reasons do not outweigh potential government prejudice.
• Hames-Herrera v. Rosenberg
  463 F.2d 451· 9th Cir.· 1972-07-03 ·cited 4×
  The court held that the alien was not protected from deportation by § 241(f) because he was deportable on grounds other than fraud, and the District Director did not abuse discretion in denying a stay of deportation.
• United States v. St. John Tyler
  459 F.2d 647· 10th Cir.· 1972-05-17 ·cited 4×·via Abuse Of Discretion Standard For Continuance
  The court held that the trial court did not abuse its discretion in denying a continuance and properly admitted the victim's testimony, rejecting claims of unconstitutional vagueness and double jeopardy.
• Carbonell v. The Immigr. & Naturalization Serv.
  460 F.2d 240· 2d Cir.· 1972-05-10 ·cited 4×
  The court held that the Board of Immigration Appeals did not abuse its discretion in denying the petitioner's motions to reopen her deportation proceedings.
• United States v. Ford
  451 F.2d 1163· 5th Cir.· 1971-12-07 ·cited 4×
  The court held that the trial court did not err in denying the motion for a new trial based on the informer's recantation, nor in denying motions for severance or failing to rule entrapment as a matter of law.
• United States v. Begun
  446 F.2d 32· 9th Cir.· 1971-07-29 ·cited 4×·via Abuse Of Discretion Standard For Severance
  The court held that the joinder of drug and firearms charges was proper and the district court did not abuse its discretion in denying the appellant's motions for election or severance.
• Lucie Dolores Hart v. Forchelli
  445 F.2d 1018· 2d Cir.· 1971-07-21 ·cited 4×
  The appellate court affirmed the jury's award, finding it was not so excessive as to constitute an abuse of discretion.
• City OF Fort Lauderdale v. Taxi, Inc.
  247 So. 2d 467· Fla. 4th DCA· 1971-04-23 ·cited 4×
  The City of Fort Lauderdale appealed from a temporary injunction preventing it from interfering with Taxi, Inc.'s franchise agreement with Broward County to operate a taxicab service at the airport. The appellate court affirmed the injunction, holding that Chapter 65-1003 validly
• In re The Cent. R.R. Co. OF NEW Jersey
  429 F.2d 507· 3d Cir.· 1970-07-07 ·cited 4×
  The court held that the district court did not abuse its discretion in granting intervention to one bondholders committee and denying it to another in a Section 77 railroad reorganization proceeding.
• McKEE v. The AETNA Life Ins. Co.
  423 F.2d 623· 6th Cir.· 1970-03-26 ·cited 4×
  The court held that the trial court did not abuse its discretion in excluding hearsay testimony and expert opinion from a Lance Corporal regarding the military situation in Vietnam.
• Jere O. Huxford v. Huxford
  231 So. 2d 868· Fla. 1st DCA· 1970-02-19 ·cited 4×·via Abuse Of Discretion Standard For Continuance
  A husband appeals a trial court's judgment granting his wife separate maintenance without divorce. The appellate court affirmed the judgment, finding substantial evidence supported the award and the trial court did not abuse its discretion in denying the husband's motion for cont
• O'Leary v. Sec. & Exch. Comm'n
  424 F.2d 908· D.C. Cir.· 1970-01-30 ·cited 4×·via Abuse Of Administrative Discretion
  The Securities and Exchange Commission did not abuse its discretion or exceed its authority by barring petitioners from association with any broker or dealer in securities, even though a hearing examiner recommended lesser sanctions.
• S & S Pharms., Inc. v. Hirschfield
  226 So. 2d 874· Fla. 3d DCA· 1969-09-30 ·cited 4×
  A Florida appellate court affirmed a judgment against S & S Pharmaceuticals and Sam Fox for recovery of a brokerage commission. The appellants challenged the trial court's refusal to grant a continuance and contended the judgment was contrary to the evidence, but the court found
• United States v. Certain Land IN the City OF Fort Worth
  414 F.2d 1026· 5th Cir.· 1969-08-21 ·cited 4×
  The court held that the trial court did not err in refusing to give jury instructions that would have emphasized the weight of a prior sale of the condemned property, nor in permitting comment on the government's failure to call an appraiser it had hired.
• Conrad v. Graf Bros., Inc.
  412 F.2d 135· 1st Cir.· 1969-06-20 ·cited 4×·via Abuse Of Discretion Standard For New Trial Motions
  The court held that the trial court abused its discretion in denying a new trial on damages for one plaintiff due to the prejudicial failure to produce crucial hospital records.
• Becker v. Ernest L. Stewart in Bankr. for Indian Lake Ests., Inc.
  402 F.2d 500· 5th Cir.· 1968-10-31 ·cited 4×
  The court held that the Referee did not abuse discretion in awarding attorney's fees, affirming the lower court's decision.
• Bennett v. Fed. Deposit Ins. Corp.
  396 F.2d 909· 9th Cir.· 1968-06-29 ·cited 4×
  Denial of a Rule 60(b) motion to set aside a summary judgment for inadvertence or excusable neglect is reviewed for abuse of discretion, and such discretion is not abused when the moving party fails to make a substantial showing of excusable neglect and fails to present defenses
• Deeb, Inc. v. The Bd. OF Pub. Instruction OF Columbia Cnty.
  208 So. 2d 460· Fla. 1st DCA· 1968-03-26 ·cited 4×
  In this interlocutory appeal, the First District Court of Appeal affirmed the trial court's modification of a final decree in a construction contract dispute to clarify that an arbitration award settled only matters specifically submitted to arbitration, not all matters arising b
• Peacock v. Peacock
  207 So. 2d 292· Fla. 1st DCA· 1968-02-22 ·cited 4×
  Cheryl Peacock appealed a divorce decree granted to her husband on grounds of cruelty. The appellate court affirmed the decree, finding that the trial judge's findings were supported by substantial and competent evidence and that the appellant failed to demonstrate clear error.
• Napier v. United States
  387 F.2d 147· 5th Cir.· 1967-12-18 ·cited 4×·via Abuse Of Discretion Standard For Severance
  The court held that the appellants' confessions and the admission of serial numbers were proper, and the denial of severance was not an abuse of discretion.
• Bear v. United States
  384 F.2d 132· 10th Cir.· 1967-10-26 ·cited 4×
  The court held that the trial court did not abuse its discretion in denying the motion for a continuance.
• In re Sims
  389 F.2d 148· 5th Cir.· 1967-08-10 ·cited 4×
• Mercier v. Mercier
  200 So. 2d 204· Fla. 2d DCA· 1967-06-09 ·cited 4×
  The appellate court affirmed a divorce decree, finding no clear error in the chancellor's factual findings despite the appellant's contentions. The court emphasized the chancellor's role as the trier of fact and the presumption of correctness afforded to their findings.
• Luisa Victoria Simkins v. Simkins
  198 So. 2d 648· Fla. 3d DCA· 1967-05-09 ·cited 4×
  Wife appeals from a final divorce decree granted to her husband based on uncorroborated testimony. The Florida appellate court reverses the divorce decree because Florida law requires corroboration of grounds for divorce, but affirms the denial of suit money for investigative exp
• Frank v. Feller
  188 So. 2d 17· Fla. 3d DCA· 1966-06-21 ·cited 4×
  Frank appeals a trial court's award of $8,750 in receiver fees in a partnership dispute, contending the fee was excessive and should not have been awarded because the receiver failed to file required reports under Florida Rule 3.20. The appellate court affirmed the fee award, fin
• Smith v. Johnson
  187 So. 2d 655· Fla. 2d DCA· 1966-06-08 ·cited 4×
  A pedestrian struck by a defendant's automobile recovered a jury verdict for damages. The defendant appealed, challenging the trial court's jury instructions regarding pedestrian rights on highways, headlight adequacy standards, and the use of demonstrative evidence. The appellat
• United States v. Graham Bobbitt Ball
  358 F.2d 367· 4th Cir.· 1966-03-25 ·cited 4×
  The court held that the district court did not abuse its discretion in revoking the appellant's probation, as the evidence reasonably satisfied the judge that the probationer's conduct was not as required.
• McDANIEL v. Carlson
  182 So. 2d 445· Fla. 2d DCA· 1966-02-09 ·cited 4×·via Abuse Of Discretion Standard For New Trial Motions
  The appellate court affirmed the trial court's denial of a new trial, finding that the jury's verdict was not unreasonable and the trial judge did not abuse discretion.
• Lauray v. Lauray
  181 So. 2d 670· Fla. 1st DCA· 1966-01-13 ·cited 4×
  This case involves an appeal from a divorce decree where the appellate court affirmed the trial court's decision. The court emphasized that it would not substitute its judgment for the chancellor's unless there was a clear abuse of discretion or a complete lack of proof.
• Specmade Prods., Inc. v. Barnett
  354 F.2d 229· 5th Cir.· 1966-01-12 ·cited 4×·via Abuse Of Discretion Standard On Appeal
  The court affirmed the district court's decision that the patents were invalid and the issue of infringement was moot, and also affirmed the denial of attorney fees.
• Kirsten-Sanders Dental Lab., Inc. v. Sahli
  348 F.2d 442· 6th Cir.· 1965-07-08 ·cited 4×
  The court held that the denial of the immigration petition had a rational basis and was supported by substantial evidence, and that the immigration officials did not abuse their discretion.
• Sadie v. Levy Tr.
  341 F.2d 93· 5th Cir.· 1965-01-27 ·cited 4×
  The Tax Court did not abuse its discretion in denying petitioners' motion to intervene after a final decision based on a stipulation.
• Hawaiian Invs. v. H. L. Thorndal in Bankr. of Petroleum Corp. of Am.
  339 F.2d 807· 8th Cir.· 1965-01-11 ·cited 4×
  The court held that the bankruptcy court did not abuse its discretion in denying the motion to transfer the hearing to Hawaii, as the claimants failed to meet their burden of proof.
• Love Realty Corp. v. O'Brien
  162 So. 2d 532· Fla. 2d DCA· 1964-04-01 ·cited 4×·via Abuse Of Discretion Standard For New Trial Motions
  Love Realty Corp. sued a former employee for misappropriating a real estate brokerage commission. The jury awarded the full $2,000 commission, but the trial court granted the defendant's motion for a new trial, finding the verdict excessive and unsupported by evidence. On appeal,
• Maldonado v. United States
  325 F.2d 295· 9th Cir.· 1963-12-04 ·cited 4×
  The court held that the district court did not abuse its discretion in denying the defendant's second motion for a new trial based on newly discovered evidence.
• United States v. Fancher
  319 F.2d 604· 2d Cir.· 1963-07-01 ·cited 4×·via Abuse Of Discretion Standard For New Trial Motions
  The court held that the defendant was not prejudiced by the government's failure to call the accountant as a witness, nor by newspaper articles concerning the trial judge's remarks, and that the denial of a new trial based on newly discovered evidence was not an abuse of discreti
• In re Dick v. Dick
  296 F.2d 912· 7th Cir.· 1961-12-19 ·cited 4×
  The court held that the bankruptcy court did not abuse its discretion in dismissing the Chapter 12 proceeding due to the parties' inability to agree on the terms of the proposed sale.
• Dyer v. Sec. & Exch. Comm'n
  290 F.2d 541· 8th Cir.· 1961-05-10 ·cited 4×
  The Securities and Exchange Commission's refusal to grant a hearing on shareholder proposals, when processing proxy materials under Rule 61, was not an abuse of discretion and is summarily affirmed.
• Clear Channel Broad. Serv. & WSM, Inc. v. United States & the Fed. Commc'ns Comm'n
  284 F.2d 222· D.C. Cir.· 1960-10-27 ·cited 4×
  The court held that the FCC's order, which balanced interference concerns between radio station classes, was not arbitrary, capricious, or an abuse of discretion.
• In re Tyne v. Nat'l Supply Co.
  280 F.2d 878· 7th Cir.· 1960-06-27 ·cited 4×
  The court held that the referee did not abuse his discretion in denying the bankrupt's motions to amend his counterclaim and in dismissing the counterclaim for want of prosecution.
• Washib Ullah v. HOY
  278 F.2d 194· 9th Cir.· 1960-05-03 ·cited 4×
  The court held that a genuine issue of material fact existed regarding the plaintiff's application for voluntary departure, which could not be summarily dismissed without proper evidence.
• Siberell v. United States
  268 F.2d 61· 9th Cir.· 1959-06-09 ·cited 4×
  The court held that the district court did not abuse its discretion in denying the motion to vacate the judgment.
• Hegerich v. del Guercio
  255 F.2d 701· 9th Cir.· 1958-05-12 ·cited 4×·via Abuse Of Administrative Discretion
  The court held that the denial of voluntary departure was an abuse of administrative discretion, despite the alien's deportability.
• Mejia v. United States
  253 F.2d 560· 9th Cir.· 1958-03-05 ·cited 4×
  The court held that the trial court did not abuse its discretion in granting the motion to join the defendant's case with another for trial, nor in denying the motion for a new trial.
• Tora Upstead Rystad v. Boyd
  246 F.2d 246· 9th Cir.· 1957-06-21 ·cited 4×
• Carlisle v. Stages
  242 F.2d 259· 4th Cir.· 1957-03-07 ·cited 4×
  The court held that the trial judge did not abuse his discretion in disallowing a fee claim for services rendered by attorneys who represented specific creditors and were already paid by those clients, even if their actions incidentally benefited the estate.
• Harding v. Stichman
  240 F.2d 289· 2d Cir.· 1957-01-14 ·cited 4×
  The court held that the reorganization trustee's purchase of new railroad cars was a proper exercise of discretion, supported by sufficient evidence and distinguishable from prior case law.