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

• In the Interest of D.S. v. Dep't of Child. & Fam. Servs.
  849 So. 2d 411· Fla. 2d DCA· 2003-07-09 ·cited 3×·via Abuse Of Discretion Standard For Continuance
  Mother M.R. appealed the termination of her parental rights to her son D.S. The appellate court reversed, finding the trial court abused its discretion by denying the mother's motion for continuance when her counsel was unprepared to try the case due to a good-faith misunderstand
• Thadius Stinson v. State
  839 So. 2d 906· Fla. 5th DCA· 2003-03-14 ·cited 3×
  Thadius Stinson appeals the denial of his motion to withdraw his guilty plea to robbery with a weapon, claiming the plea was involuntary due to duress. The court affirmed, holding that a plea agreement conditioning leniency for a co-defendant (Stinson's brother) on the defendant'
• J.W. v. Dep't of Child. & Families
  835 So. 2d 316· Fla. 5th DCA· 2002-12-27 ·cited 3×
  The court held that the trial court did not abuse its discretion in denying the motion to continue, as the appellant's claim of reliance on the Department's attorney was contradicted by her own counsel's advice.
• Dario Mistri v. Joseph Rutigliano & Sons, Inc.
  827 So. 2d 391· Fla. 5th DCA· 2002-10-11 ·cited 3×
  Appellants Mistri and San Remo Speciality Foods appealed a judgment for an unpaid invoice, arguing the trial court erred in excluding a document allegedly showing the ordered products were delivered to a different company (Crisci's Italian Foods) rather than to them. The Fifth Di
• Kasdaglis v. Dep't OF Health OF the State of Fla.
  827 So. 2d 328· Fla. 4th DCA· 2002-09-25 ·cited 3×·via Abuse Of Discretion In Denying Continuance
  A Florida appellate court reversed the Department of Health's disciplinary order against a licensed clinical social worker, finding that the agency violated statutory deadlines, failed to prove the charges with competent evidence, and imposed a penalty that created an ethical con
• Trowell v. J.C. Penney Co., Inc.
  813 So. 2d 1042· Fla. 4th DCA· 2002-04-17 ·cited 3×
  The court held that the trial court did not abuse its discretion in denying a new trial on damages and in permitting impeachment with prior convictions over ten years old.
• Vieira v. DOE
  813 So. 2d 1030· Fla. 4th DCA· 2002-04-10 ·cited 3×
  The Fourth District Court of Appeal reversed a trial court's dismissal of a personal injury action based on alleged discovery violations. The court held that while the plaintiff's interrogatory answers were incomplete, the dismissal sanction was inappropriate because the omission
• Computer Task Grp., Inc. v. Peierls
  810 So. 2d 977· Fla. 5th DCA· 2002-02-08 ·cited 3×
  The court held that awarding compound interest to dissenting shareholders at the statutory rate compounded annually was within the trial court's discretion under section 607.247(8), Florida Statutes (1987).
• Treloar v. Smith
  791 So. 2d 1195· Fla. 5th DCA· 2001-08-17 ·cited 3×
  Hugh Treloar appealed the trial court's decision to appoint a professional guardian, Louise B. Smith, instead of himself as guardian of his mother's person and property. The appellate court affirmed, holding that while relatives receive first consideration under Florida law, the
• Romulo Padilla v. BIV Invs. & Mgmt., Inc.
  783 So. 2d 349· Fla. 3d DCA· 2001-05-02 ·cited 3×·via Abuse Of Discretion Standard For New Trial Motions
  Padilla, a construction manager hired by BIV Investments, was fired after protesting a proposed sale of an office building. After a jury verdict in his favor on a breach of employment contract claim, the trial court granted BIV's motion for a new trial, finding that plaintiff's c
• Sawczak v. Alan L. Goldenberg, M.D.
  781 So. 2d 450· Fla. 4th DCA· 2001-03-07 ·cited 3×
  In this medical malpractice case, the plaintiff appealed a jury verdict rendered in favor of her radiologist, radiology group, and hospital following surgery where her bile duct was severed. The supreme court remanded for reconsideration under the stricter Murphy standard for rev
• Jones v. State
  777 So. 2d 1127· Fla. 4th DCA· 2001-01-31 ·cited 3×
  The court held that the trial court abused its discretion in denying a mistrial because a detective's improper comment on the defendant's right to remain silent and right to counsel was not cured by the subsequent instruction.
• Phyliss Mascolo v. State
  774 So. 2d 827· Fla. 4th DCA· 2000-12-27 ·cited 3×·via Abuse Of Discretion Standard On Appeal
  Phyliss Mascolo was convicted of vehicular homicide in a two-car accident that resulted in a fatality. On appeal, she challenged the admission of her incriminating statement to a paramedic that she was the driver, and the trial court's refusal to issue a bench warrant for a missi
• Noll v. Noll (In Re Noll)
  249 B.R. 568· M.D. Fla.· 2000-04-11 ·cited 3×
  The court held that the Bankruptcy Court erred in allowing the amendment to extend time for a complaint objecting to dischargeability of a debt under § 523, as no motion for such an extension was filed before the deadline.
• ST. Lucie Cnty. Radiation Oncology, Ltd. v. Ronald H. Woody, M.D.
  766 So. 2d 301· Fla. 4th DCA· 2000-03-01 ·cited 3×
  St. Lucie County Radiation Oncology appealed the trial court's order granting a preliminary injunction in favor of three physicians and their professional corporation, permitting them continued use of appellant's radiation treatment facility. The appellate court affirmed, holding
• Darby v. State
  748 So. 2d 1069· Fla. 5th DCA· 1999-12-23 ·cited 3×·via Abuse Of Discretion Standard For Continuance
  James Darby appealed his convictions for armed robbery, shooting into a building, and aggravated assault on a law enforcement officer. The appellate court affirmed his convictions and sentences, but remanded to vacate the grand theft conviction due to double jeopardy principles.
• Levin v. Levin
  745 So. 2d 1077· Fla. 1st DCA· 1999-11-22 ·cited 3×
  In this Florida dissolution of marriage case, the appellate court affirmed most of the trial court's judgment but reversed and remanded three critical alimony-related issues: the trial court's failure to require the husband to secure alimony through life insurance or other assets
• Smith v. State
  743 So. 2d 1141· Fla. 1st DCA· 1999-10-06 ·cited 3×
  Timmy Smith appeals his conviction for aggravated battery and petit theft, arguing that the trial court erred by giving the jury a supplemental instruction on a merchant's right to detain a suspected shoplifter after closing arguments, denying him the opportunity to address the i
• Amex Int'l, Inc. v. Kunde
  722 So. 2d 909· Fla. 5th DCA· 1998-12-04 ·cited 3×
  A defendant may set aside a default based on excusable neglect when service is perfected on the registered agent, the complaint is lost in the mail before reaching the attorney, the defendant asserts a meritorious defense, and the defendant diligently seeks relief after learning
• Jacobo Misdraji v. Rebeca Misdraji
  702 So. 2d 1292· Fla. 3d DCA· 1997-10-15 ·cited 3×
  A former husband appeals from a final judgment of dissolution of marriage wherein the trial court awarded the marital home entirely to the wife based on a finding that the husband could supplement his income while the wife could not. The appellate court reverses, holding that the
• Williams v. Ira Udell & Broward Educ. Servs., Inc.
  690 So. 2d 732· Fla. 4th DCA· 1997-04-02 ·cited 3×
  The Florida Fourth District Court of Appeal reversed the trial court's decision to strike a defendant's pleadings as a sanction for failure to attend mediation and improper document production responses. The court found that the trial court abused its discretion by imposing the s
• Steadman v. Steadman
  645 So. 2d 581· Fla. 1st DCA· 1994-11-22 ·cited 3×
  The appellate court affirmed the trial court's final judgment of dissolution of marriage, finding no abuse of discretion in the equitable distribution of marital assets and liabilities.
• Gass v. Friedman (In re Martec Corp.)
  S.D. Fla.· 1994-06-02 ·cited 3×
  The court affirmed the bankruptcy court's judgment regarding preferential and fraudulent transfers of property but vacated and remanded the judgment against the garnishee bank because a third party claimed ownership of the garnished accounts and was entitled to a jury trial.
• State v. Woods
  633 So. 2d 94· Fla. 4th DCA· 1994-03-02 ·cited 3×
  A consultant hired to assist trial counsel in litigation preparation and expert witness coordination, rather than to render an independent opinion on property valuation, is not entitled to cost recovery under section 73.091, Florida Statutes, which limits recoverable expert costs
• Estefani v. Libia Penafiel
  624 So. 2d 343· Fla. 3d DCA· 1993-09-14 ·cited 3×
• United States v. Williams
  998 F.2d 258· 5th Cir.· 1993-08-05 ·cited 3×
  The court held that the evidence was sufficient to support the convictions, the district court did not err in denying mental examinations, the jury instructions were proper, and the government's failure to disclose certain materials did not deny the defendant a fair trial.
• Cantrell v. GAF Corp.
  999 F.2d 1007· 6th Cir.· 1993-07-26 ·cited 3×
  The court affirmed the judgment, despite reservations about prejudicial factors, due to defendant's failure to object.
• Moore v. State OF Ind.
  999 F.2d 1125· 7th Cir.· 1993-07-20 ·cited 3×
  The court held that the district court did not abuse its discretion in denying the plaintiff's motion for leave to amend his complaint because the proposed amendments would be futile.
• De Gonzalez v. Immigr. & Naturalization Serv.
  996 F.2d 804· 6th Cir.· 1993-06-10 ·cited 3×
  The court affirmed the Board of Immigration Appeals' denial of discretionary relief from deportation, finding that while the BIA's exercise of discretion in serious drug offense cases warrants scrutiny, the petitioner failed to demonstrate that the BIA's decision was arbitrary or
• Diaz v. Bushong
  619 So. 2d 1020· Fla. 3d DCA· 1993-06-01 ·cited 3×
  The appellate court held that the trial court did not abuse its discretion in denying the plaintiff's motion for an extension of time and granting motions for involuntary dismissal due to the plaintiff's failure to comply with a court order.
• Benavides v. Bureau OF Prisons
  993 F.2d 257· D.C. Cir.· 1993-05-28 ·cited 3×
  A pro se non-attorney litigant cannot recover attorney fees under FOIA, and the district court did not abuse its discretion in refusing to sanction the agency for its delay.
• Dowell v. State Farm Fire & Cas. Auto. Ins. Co.
  993 F.2d 46· 4th Cir.· 1993-05-07 ·cited 3×
  A change in state decisional law after a final judgment does not warrant relief under Rule 60(b)(5) or (6) when the party voluntarily chose not to appeal the original judgment.
• Solomon Ogbemudia v. Immigr. & Naturalization Serv.
  988 F.2d 595· 5th Cir.· 1993-04-19 ·cited 3×
  The court affirmed the BIA's denial of the motion to reopen deportation proceedings, finding no abuse of discretion.
• Portillo v. Commissioner OF Internal Revenue
  988 F.2d 27· 5th Cir.· 1993-04-13 ·cited 3×
  The Tax Court abused its discretion in denying litigation costs to the prevailing taxpayers because the government's position in issuing a deficiency notice based on an unsubstantiated and unreliable 1099 was not substantially justified.
• Holstein v. Brill
  987 F.2d 1268· 7th Cir.· 1993-02-18 ·cited 3×
  The court should remand the case to the bankruptcy court for a more detailed explanation of its reasons for allowing the amendment to the proof of claim.
• Owen v. Wangerin
  985 F.2d 312· 7th Cir.· 1993-01-29 ·cited 3×
  The court held that the fraud claim for the 1977 deed was barred by the statute of limitations, but the reformation claim for that deed should be remanded. The disqualification of the attorney was affirmed, but the dismissal of a claim for failure to prosecute was reversed.
• Malarkey v. Texaco, Inc.
  983 F.2d 1204· 2d Cir.· 1993-01-26 ·cited 3×·via Abuse Of Discretion Standard For Evidentiary Rulings
  The court held that the district court did not err in allowing retaliation claims related to promotion denials, but properly excluded non-promotion retaliation claims due to delay. It also affirmed evidentiary rulings and the jury's determination regarding grade 10 positions.
• Tools v. Int'l Tool Supply
  984 F.2d 113· 4th Cir.· 1993-01-14 ·cited 3×
  The court held that the district court correctly determined that the dispute over the duration of the option agreement was for the court, not an arbitrator, to decide, and that it did not abuse its discretion in denying interim injunctive relief.
• Campbell v. Blodgett
  997 F.2d 512· 9th Cir.· 1992-12-24 ·cited 3×
  The court held that the district court did not abuse its discretion in dismissing the third federal habeas petition as successive and abusive, with the exception of the claim regarding appellate review, which was improperly characterized by the district court.
• Unigard Sec. Ins. Co. v. Lakewood Eng'g & Mfg. Corp.
  982 F.2d 363· 9th Cir.· 1992-12-23 ·cited 3×
  The court held that while Federal Rule of Civil Procedure 37 did not authorize the exclusion of evidence for pre-filing destruction, the district court properly excluded the evidence under its inherent powers to manage its affairs and ensure a fair trial. The court also affirmed
• Hoxworth v. Blinder
  980 F.2d 912· 3d Cir.· 1992-12-02 ·cited 3×
  The court held that a default judgment can be entered under Fed.R.Civ.P. 55 against a party who has answered but fails to appear at trial or comply with court orders, and that the district court did not abuse its discretion in imposing default as a sanction.
• Atari Games Corp. v. Oman
  979 F.2d 242· D.C. Cir.· 1992-11-20 ·cited 3×
  The court held that the Copyright Office's refusal to register the video game BREAKOUT as an audiovisual work was unreasonable, as the game's selection and arrangement of elements met the minimal creativity standard established by Feist.
• United States v. Martinez
  979 F.2d 1424· 10th Cir.· 1992-11-17 ·cited 3×
  The court held that the district court did not err in denying the defendants' motions to disclose the confidential informant, denying severance, denying a mistrial, refusing a vicarious entrapment instruction, and admitting evidence of cocaine found in a defendant's wallet.
• United States v. Bartholomew
  974 F.2d 39· 5th Cir.· 1992-10-05 ·cited 3×
  The court held that the district court did not err in denying an evidentiary hearing on claims of incompetency and ineffective assistance of counsel, but remanded for correction of inaccuracies in the presentence investigation report.
• Polymer Tech. Corp. v. Emile Mimran
  975 F.2d 58· 2d Cir.· 1992-09-11 ·cited 3×
  The court held that the district court did not abuse its discretion in denying a preliminary injunction against the sale of products by a distributor.
• Shaffer v. Farm Fresh
  966 F.2d 142· 4th Cir.· 1992-05-22 ·cited 3×
  The court held that the disqualification of counsel was not warranted based on speculative future conflicts, and therefore, subsequent orders based on that disqualification, including dismissal, must be reversed.
• Gilmore v. State
  602 So. 2d 578· Fla. 1st DCA· 1992-05-22 ·cited 3×
• Cambridge Prods., Ltd. v. Penn Nutrients, Inc.
  962 F.2d 1048· Fed. Cir.· 1992-05-04 ·cited 3×
  The court affirmed the district court's denial of attorney fees to Penn and declined to impose sanctions for the appeal, but awarded Cambridge attorney fees for the appeal due to Penn's misrepresentations.
• Granada Invs., Inc. v. DWG Corp.
  962 F.2d 1203· 6th Cir.· 1992-04-30 ·cited 3×
  The court affirmed the district court's approval of a settlement in a shareholder derivative action, finding it fair and reasonable, and also affirmed the award of costs and expenses to the plaintiff.
• Neva Bethea v. Bethea
  596 So. 2d 1279· Fla. 3d DCA· 1992-04-28 ·cited 3×