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

• Dick Jones v. Dist. OF Columbia Redev. Land Agency
  499 F.2d 502· D.C. Cir.· 1974-04-26 ·cited 46×
  The court held that while the District Court correctly interpreted the Housing Code and the timing of NEPA statements, it erred in its interpretation of the Uniform Relocation Assistance Act, reversing and remanding on that issue.
• Baker v. United States Steel Corp.
  492 F.2d 1074· 2d Cir.· 1974-02-25 ·cited 46×·via Manifest Abuse Of Discretion
  The court should allow appeal of interlocutory orders releasing grand jury testimony, as the practical finality of disclosure outweighs the technical interlocutory nature, especially when there's no authority supporting the release.
• Tora C. Brennan v. Midwestern United Life Ins. Co.
  450 F.2d 999· 7th Cir.· 1971-08-03 ·cited 46×
  The court held that movants, not being parties to the litigation, could not be bound by the judgment, and the judgment was a nullity as to them.
• Manfred Daut v. United States
  405 F.2d 312· 9th Cir.· 1968-12-16 ·cited 46×·via Abuse Of Discretion Standard For Severance
  The court held that the trial court did not err in denying the motion for a separate trial, the motion for a continuance, or in its rulings regarding the jury and the constitutionality of the statute.
• The United States v. Echeles
  222 F.2d 144· 7th Cir.· 1955-04-20 ·cited 46×
  The dissenting judge believes the judgment should be reversed and the case remanded due to cumulative errors and lack of fair trial.
• United States v. McWILLIAMS
  163 F.2d 695· D.C. Cir.· 1947-06-30 ·cited 46×
  A trial judge has discretion to dismiss an indictment for unnecessary delay in prosecution, and this discretion will be sustained on appeal unless it is clearly abused.
• Graham v. State
  207 So. 3d 135· Fla.· 2016-09-01 ·cited 45×
  The Florida Supreme Court resolved a conflict between district courts on whether a defendant can be convicted multiple times under the same sexual offense statute for distinct acts committed in a single criminal episode. The Court held that under the 'distinct acts' test from Blo
• Yakavonis v. Dolphin Petroleum, Inc.
  934 So. 2d 615· Fla. 4th DCA· 2006-07-26 ·cited 45×
  Barbara Yakavonis appealed a trial court's award of attorney's fees to defendant Gil Hyatt, Inc. under section 57.105, Florida Statutes, for defending against a negligence claim that lacked evidentiary support. The Fourth District affirmed the entitlement to fees but remanded to
• Robinson v. State
  907 So. 2d 1284· Fla. 2d DCA· 2005-08-10 ·cited 45×
  Alfred Leroy Robinson appeals the revocation of his probation. The trial court revoked probation based on Robinson's arrest for DUI and driving without a valid license, but the appellate court found this improper under Florida law, which prohibits revocation based solely on arres
• State v. Mann
  866 So. 2d 179· Fla. 5th DCA· 2004-02-20 ·cited 45×
  The State appeals a downward departure sentence imposed on Edwin Mann following his guilty plea to sexual abuse charges against a 14-year-old victim. The trial court sentenced Mann to two years of community control and 25 years of probation, departing significantly downward from
• Anglia Jacs & Co., Inc. v. Dubin
  830 So. 2d 169· Fla. 4th DCA· 2002-10-09 ·cited 45×
  The court held that a prevailing party is entitled to attorney's fees for intertwined claims even if fees were not sought on every count, provided the claims share a common core of facts and related legal theories.
• Cotton v. State
  763 So. 2d 437· Fla. 4th DCA· 2000-06-09 ·cited 45×
  A defendant's out-of-court exculpatory statement offered for the truth of its content is inadmissible hearsay unless it falls within a recognized exception to the hearsay rule or qualifies under fairness principles such as the rule of completeness. The trial court did not abuse i
• Sil-Flo v. SFHC
  917 F.2d 1507· 10th Cir.· 1990-10-30 ·cited 45×
  The court affirmed the district court's rulings, finding no reversible error in choice of law, jury instructions, evidentiary rulings, discovery, or dismissal of the RICO claim.
• United States v. Cuthel
  903 F.2d 1381· 11th Cir.· 1990-06-22 ·cited 45×
  The court held that the trial court did not abuse its discretion in denying a motion to interview jurors and in rejecting a proffer of exculpatory statements from a witness who invoked his Fifth Amendment right.
• Randolph v. State
  562 So. 2d 331· Fla.· 1990-05-03 ·cited 45×
  Richard Barry Randolph was convicted of the sexual battery and first-degree murder of Minnie Ruth McCollum, a store manager, during a robbery attempt. The Florida Supreme Court affirmed his convictions and death sentence, rejecting challenges to jury selection, trial procedures,
• Arlie Glen Skelton v. Gen. Motors Corp.
  860 F.2d 250· 7th Cir.· 1988-10-14 ·cited 45×
  The court held that the fee-shifting provision of the Magnuson-Moss Act does not govern attorney fee awards in a common fund settlement case, and that a risk multiplier may be awarded in such cases. The court also held that an attorney who accepted benefits under a settlement agr
• Adamson v. Otis R. Bowen, M.D.
  855 F.2d 668· 10th Cir.· 1988-08-15 ·cited 45×
  The court held that the Equal Access to Justice Act waives sovereign immunity for Rule 11 sanctions against the United States and that the district court did not abuse its discretion in imposing sanctions, but vacated the denial of class certification for applying an improper sta
• United States v. Apodaca
  843 F.2d 421· 10th Cir.· 1988-04-01 ·cited 45×
  The court held that the evidence was sufficient to support the jury's finding that the defendant organized, supervised, or managed five or more persons for the Continuing Criminal Enterprise conviction. The court also held that admitting evidence of unindicted offenses did not co
• Allen v. Scribner
  812 F.2d 426· 9th Cir.· 1987-03-05 ·cited 45×
  The court held that the plaintiff failed to present sufficient evidence to establish essential elements of his claims for demotion and harassment, thus summary judgment for the defendants was appropriate.
• Am. KEY Corp. v. Cole Nat'l Corp.
  762 F.2d 1569· 11th Cir.· 1985-06-12 ·cited 45×·via Abuse Of Discretion Standard For Discovery Rulings
  The court held that the district court did not abuse its discretion in its discovery rulings and did not err in determining there was no genuine issue of material fact, affirming the summary judgments.
• Jervis B. Webb Co. v. S. Sys., Inc.
  742 F.2d 1388· Fed. Cir.· 1984-08-16 ·cited 45×
  The court held that claims 1, 3, 4, 8, 9, and 11 of the patent were invalid for obviousness, but vacated the district court's invalidity finding for claims 2, 5-7, 10, and 12 due to a lack of case or controversy.
• United States v. Russo
  717 F.2d 545· 11th Cir.· 1983-10-17 ·cited 45×
  The court held that the evidence was sufficient to support the conspiracy convictions and that the district court did not abuse its discretion in denying the motion for a new trial or in admitting evidence of prior similar acts.
• Am. Motorcyclist Ass'n v. Watt
  714 F.2d 962· 9th Cir.· 1983-09-01 ·cited 45×·via Abuse Of Discretion Standard On Appeal
  The court held that the district court did not abuse its discretion in denying a preliminary injunction, even considering potential NEPA violations, because the public interest in protecting fragile desert resources outweighed the plaintiffs' claims.
• Piedmont Heights Civic Club, Inc. v. Moreland
  637 F.2d 430· 5th Cir.· 1981-02-20 ·cited 45×
  The dissenting judge believes the majority erred in its review standard and in finding that federal defendants complied with NEPA regarding alternatives and project segmentation.
• Holt v. Pitts
  619 F.2d 558· 6th Cir.· 1980-02-27 ·cited 45×
• United States v. Provenzano
  605 F.2d 85· 3d Cir.· 1979-08-21 ·cited 45×
  Appellate courts must independently assess bail applications pending appeal, and the burden is on the defendant to prove they do not pose a danger to the community or a flight risk.
• Klaus v. Hi-Shear Corp.
  528 F.2d 225· 9th Cir.· 1975-12-15 ·cited 45×·via Abuse Of Discretion Standard For Preliminary Injunctions
  The court held that preliminary injunctions were improperly issued based on mistaken legal theories, particularly regarding irreparable harm and indispensable parties, and reversed or vacated several injunctions while affirming others.
• Mr. and Mrs. Fred Ray Boggs v. Alto Trailer Sales, Inc.
  511 F.2d 114· 5th Cir.· 1975-04-14 ·cited 45×
  The court held that the district court abused its discretion by denying class action status for damages without fully considering the Rule 23 criteria in light of statutory amendments.
• Pesikoff v. The Sec'y of Labor
  501 F.2d 757· D.C. Cir.· 1974-05-03 ·cited 45×
  The court held that a prospective employer has standing to challenge the denial of alien labor certification and that the Secretary of Labor did not abuse his discretion in denying certification based on the availability of U.S. workers, treating the 'live-in' requirement as a pe
• United States & Elmer W. Holmes v. Ponder
  475 F.2d 37· 5th Cir.· 1973-03-15 ·cited 45×
  The court held that the taxpayer's objections to the Internal Revenue summons were without merit and affirmed the district court's order to comply.
• United States v. Dryden
  423 F.2d 1175· 5th Cir.· 1970-03-23 ·cited 45×·via Abuse Of Discretion Standard For Severance
  The court held that the trial court did not err in overruling motions to dismiss, for severance, to suppress testimony, in admitting evidence of prior convictions, or in failing to submit the multiple conspiracy issue to the jury.
• Arsali v. Chase Home Fin. LLC
  121 So. 3d 511· Fla.· 2013-07-11 ·cited 44×
  The Florida Supreme Court held that proof of inadequate bid price is not a necessary requirement to set aside a judicial foreclosure sale, clarifying that Brown and Arlt precedents are harmonious rather than conflicting. The Court affirmed the trial court's vacation of a foreclos
• Shiver v. Wharton
  9 So. 3d 687· Fla. 4th DCA· 2009-04-15 ·cited 44×
  Bob Shiver appealed the trial court's denial of his motion to vacate default and final judgments in a fraud and breach of contract case. The Fourth District Court of Appeal affirmed, holding that Shiver's motion under Rule 1.540(b)(1) was untimely under the Bankruptcy Code and th
• Dwaine Woodson v. State
  864 So. 2d 512· Fla. 5th DCA· 2004-01-09 ·cited 44×
  Dwaine Woodson appeals his sex offender probation revocation, arguing the trial court abused its discretion by finding willful and substantial violations without specifying time parameters or limits on compliance attempts. The Fifth District affirms, holding that legislatively ma
• Lenon Lee McARTHUR, Jr. v. State
  801 So. 2d 1037· Fla. 5th DCA· 2001-12-21 ·cited 44×
  Lenon McArthur was convicted of committing a lewd and lascivious act on a 13-year-old minor. On appeal, he challenged his conviction based on alleged improper prosecutorial comments during closing argument, but the appellate court affirmed, finding no fundamental error.
• Vitalis v. Lesli Vitalis
  799 So. 2d 1127· Fla. 5th DCA· 2001-11-16 ·cited 44×
  Frank Vitalis appeals a final judgment dissolving his marriage to Lesli Vitalis, challenging awards of permanent alimony, rehabilitative alimony, and attorney's fees. The Fifth District Court of Appeal reversed and remanded because the trial court failed to make adequate findings
• Waters v. Int'l Precious Metals Corp.
  190 F.3d 1291· 11th Cir.· 1999-09-30 ·cited 44×
  In this commodities fraud class action, customers of Multi-Vest Options, Inc. sued for excessive trading schemes, and after seven years of litigation and five months of trial, the parties settled for $40 million with a reversionary clause returning unclaimed funds to defendant Gr
• E.R. Squibb & Sons, Inc. v. Boyd B. Farnes
  697 So. 2d 825· Fla.· 1997-06-19 ·cited 44×
  The Florida Supreme Court reversed a District Court decision that had overturned a jury verdict in a vaccine injury case, holding that a trial court may grant a new trial when the manifest weight of evidence supports such action under an abuse of discretion standard. The Court fo
• Augsberger v. State
  655 So. 2d 1202· Fla. 2d DCA· 1995-05-19 ·cited 44×
  Kevin Augsberger was convicted of aggravated battery, retaliating against a witness, and driving while license suspended, and appealed claiming the trial court erred in failing to conduct an adequate inquiry into his request to discharge court-appointed counsel and in failing to
• Equal Emp. Opportunity Comm'n v. Mike Smith Pontiac GMC, Inc.
  896 F.2d 524· 11th Cir.· 1990-03-14 ·cited 44×
  The court held that the district court erred in its calculation of back pay and in failing to make a conclusive finding on whether the plaintiff would have completed training, vacating the judgment and remanding for further proceedings.
• McGLINCHY v. Shell Chem. Co.
  845 F.2d 802· 9th Cir.· 1988-04-22 ·cited 44×
  The court held that the district court did not abuse its discretion in excluding expert testimony and denying leave to amend, and properly granted summary judgment and judgment on the pleadings due to the plaintiffs' failure to establish damages and antitrust injury.
• United States v. L'Allier
  838 F.2d 234· 7th Cir.· 1988-01-28 ·cited 44×·via Abuse Of Discretion Standard For Evidentiary Rulings
  The court held that the defendant's due process rights were not violated by pre-indictment delay as he failed to show actual prejudice, the identification evidence was admissible, the offenses were properly joined, and the chain of custody issues did not render the evidence inadm
• Malone v. United States Postal Serv.
  833 F.2d 128· 9th Cir.· 1987-11-23 ·cited 44×
  The court held that a district court abuses its discretion by imposing dismissal without first considering less drastic sanctions or warning the attorney.
• United States v. Randy Lamont Patterson aka Randy Brown
  819 F.2d 1495· 9th Cir.· 1987-06-15 ·cited 44×
  The court affirmed convictions and sentences, finding no abuse of discretion in evidentiary rulings, severance denials, or procedural errors. Joinder was proper, coconspirator testimony admissible, and prosecutorial misconduct, while present, was not grounds for reversal.
• United States v. MacHi
  811 F.2d 991· 7th Cir.· 1987-01-27 ·cited 44×·via Abuse Of Discretion Standard For Evidentiary Rulings
  The court held that a scheme to defraud a person by promising to reduce their sentence, even if the defendants never intended to fulfill the promise, constitutes obstruction of justice under 18 U.S.C. § 1503 because the natural and probable consequence of such a scheme is to impe
• Morton A. Kier v. Commercial Union Ins. Cos.
  808 F.2d 1254· 7th Cir.· 1987-01-06 ·cited 44×·via Abuse Of Discretion Standard For Evidentiary Rulings
  A reasonable jury could not conclude that the defendant violated the Age Discrimination and Employment Act (ADEA), and therefore the district court's order granting judgment notwithstanding the verdict is affirmed.
• Ohio-Sealy Mattress Mfg. Co. v. Sealy Inc.
  776 F.2d 646· 7th Cir.· 1985-10-21 ·cited 44×
  The court held that the district court abused its discretion by using a mathematical approach to disallow hours based on a percentage of equitable relief issues and by using a base figure that did not correspond to the number of hours used in calculations. However, the court affi
• Rose v. Batson
  765 F.2d 511· 5th Cir.· 1985-07-18 ·cited 44×
  The court held that while sanctions were appropriate for discovery non-compliance, the district court abused its discretion by imposing the severe sanction of dismissal with prejudice without considering less drastic alternatives and by awarding excessive attorney's fees.
• River Rd. Alliance, Inc. v. Corps OF Eng'rs OF United States Army
  764 F.2d 445· 7th Cir.· 1985-05-17 ·cited 44×
  The majority opinion, which is being dissented from, appears to have reversed or overturned a lower court's finding that the Corps failed to adequately consider environmental impacts. The dissenting judge argues the Corps did not take a 'hard look' and failed to study alternative
• Jackson v. State
  464 So. 2d 1181· Fla.· 1985-01-31 ·cited 44×·via Abuse Of Discretion Standard For Continuance
  The Florida Supreme Court reversed a death penalty conviction for Douglas Marshall Jackson because the trial court abused its discretion by denying a continuance motion when defense counsel was suffering from a medically-documented head injury and medication side effects that imp