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

• Price v. Seydel
  961 F.2d 1470· 9th Cir.· 1992-04-24 ·cited 3×
  The court held that the magistrate judge abused discretion by preventing the plaintiff from calling the defendant as a witness, and that the exclusion of evidence regarding two sets of books may have been an abuse of discretion.
• United States v. Gross
  961 F.2d 1097· 3d Cir.· 1992-04-20 ·cited 3×
  The court held that the district court did not abuse its discretion by refusing to give a specific good faith jury instruction when the jury was otherwise instructed on the elements of knowledge and willfulness. The court also held that the district court did not err in denying a
• Granite State Ins. Co. v. Tandy Corp. & T.C. Elecs.
  986 F.2d 94· 5th Cir.· 1992-03-30 ·cited 3×
  The court held that the district court did not abuse its discretion in staying the federal declaratory judgment action in favor of a pending state court proceeding.
• Fulbright & Jaworski v. U.S. Trustee (In Re Mulberry Phosphates
  151 B.R. 948· M.D. Fla.· 1992-02-18 ·cited 3×
  Fulbright & Jaworski appealed a bankruptcy court order denying reimbursement of $65,453.20 in disbursements on the ground that they constituted non-reimbursable overhead. The district court held that expenses attributable to individual clients through a user-fee billing system do
• Kenneth P. Coffey, M.D. v. Healthtrust, Inc.
  955 F.2d 1388· 10th Cir.· 1992-02-05 ·cited 3×
  The court affirmed the grant of summary judgment on the antitrust claim, finding no evidence of a horizontal group boycott or adverse effect on competition, but reversed and remanded the imposition of Rule 11 sanctions because the district court improperly focused on the attorney
• Woods v. McGUIRE
  954 F.2d 388· 6th Cir.· 1992-01-22 ·cited 3×·via Abuse Of Discretion Standard For Discovery Rulings
  The court held that the United States was properly substituted as the defendant under the Westfall Act and that the plaintiff's claims were barred by the Federal Employees Compensation Act (FECA).
• Cira Porta and her husband v. Arango
  588 So. 2d 50· Fla. 3d DCA· 1991-10-29 ·cited 3×
• Bell v. AT & T
  946 F.2d 1507· 10th Cir.· 1991-10-18 ·cited 3×·via Abuse Of Discretion Standard For Evidentiary Rulings
  The court held that the district court abused its discretion by excluding rebuttal testimony crucial for demonstrating pretext, thereby denying the plaintiff a full opportunity to prove her discrimination claim.
• United States v. Yu Kikumura
  947 F.2d 72· 3d Cir.· 1991-10-15 ·cited 3×
  The court held that the district court's denial of a continuance to allow the defendant to secure new counsel was an abuse of discretion.
• Aucoin v. K-Mart Apparel Fashion Corp.
  943 F.2d 6· 5th Cir.· 1991-09-26 ·cited 3×
  The court held that it lacked jurisdiction to review the original dismissal order but affirmed the denial of the motion to reinstate the case.
• Morris v. Morgan Stanley & Co.
  942 F.2d 648· 9th Cir.· 1991-08-20 ·cited 3×
  The court held that the district court did not abuse its discretion in dismissing the action for failure to prosecute and retained jurisdiction to clarify its order despite the filing of an appeal.
• Plumbers & Steamfitters Local NO. 150 Pension Fund v. Vertex Constr. Co., Inc.
  932 F.2d 1443· 11th Cir.· 1991-06-10 ·cited 3×
  An employer contributing to an ERISA-governed employee benefit trust fund is bound by the trust agreement, even if not incorporated into the collective bargaining agreement.
• In the Interest of D.H. and M.H.
  575 So. 2d 761· Fla. 4th DCA· 1991-03-06 ·cited 3×
  The Florida Fourth District Court of Appeal affirmed a trial court's order denying the state's petition to adjudicate children as dependent, despite evidence of child abuse. The court certified to the Florida Supreme Court the question of whether trial courts must provide detaile
• FOX Indus., Inc. v. Structural Pres. Sys., Inc.
  922 F.2d 801· Fed. Cir.· 1990-12-19 ·cited 3×
  The court held that the patent was unenforceable due to inequitable conduct, and the award of attorney fees was proper.
• Robi v. Five Platters, Inc.
  918 F.2d 1439· 9th Cir.· 1990-11-14 ·cited 3×
  The court held that the district court did not err in granting summary adjudication, awarding damages, or canceling FPI's trademarks, affirming the judgment.
• Bock v. Diener
  571 So. 2d 30· Fla. 3d DCA· 1990-09-11 ·cited 3×
  A Florida probate court awarded legal fees to Lawrence Diener, a New Jersey Bar member serving as co-personal representative, for legal services rendered in connection with estate administration. The beneficiaries challenged the award arguing Florida law restricted such fees to F
• United States v. Fernandez
  913 F.2d 148· 4th Cir.· 1990-09-06 ·cited 3×
  The court affirmed the district court's judgment, finding no abuse of discretion in its rulings on the admissibility of classified information and its rejection of government substitution proposals.
• McILVEEN v. Stone Container Corp.
  910 F.2d 1581· 7th Cir.· 1990-08-28 ·cited 3×
  The court held that while district courts should provide detailed explanations for denying costs, the appellate court can review the record directly to determine if the denial was an abuse of discretion.
• The Placido Gardens Condo. Ass'n, Inc. v. Johnson
  563 So. 2d 826· Fla. 2d DCA· 1990-07-06 ·cited 3×·via Abuse Of Discretion Standard On Appeal
  The appellate court held that the trial court abused its discretion by granting a new trial based on disagreement with the jury's verdict, rather than a finding against the manifest weight of the evidence or improper jury influence.
• United States v. Wright
  904 F.2d 403· 8th Cir.· 1990-05-11 ·cited 3×
  The court held that the district court did not abuse its discretion in admitting lay witness testimony for identification and that the defendant's Sixth Amendment confrontation rights were not violated.
• Jackson v. Bank OF Haw.
  902 F.2d 1385· 9th Cir.· 1990-05-02 ·cited 3×
  The court held that the district court did not abuse its discretion in denying leave to amend the complaint due to undue prejudice and delay, and that summary judgment was properly granted because the claim was barred by the statute of limitations.
• Bristol Petroleum Corp. v. Harris
  901 F.2d 165· D.C. Cir.· 1990-04-20 ·cited 3×
  The court held that the district court did not abuse its discretion in dismissing the case with prejudice for failure to appear at a status conference through counsel, nor in denying the motion to reinstate.
• Geary v. United States
  901 F.2d 679· 8th Cir.· 1990-04-20 ·cited 3×
  The court held that a federal court may exercise inherent equitable powers to order expungement of criminal records in extraordinary circumstances, but acquittal alone is not sufficient without further factual support.
• Zagano v. Fordham Univ. & George N. Gordon
  900 F.2d 12· 2d Cir.· 1990-03-29 ·cited 3×
  The court held that the district court did not abuse its discretion in denying the plaintiff's motion for voluntary dismissal and subsequently dismissing the case with prejudice for failure to prosecute.
• AIR Line Pilots Ass'n v. Alaska Airlines, Inc.
  898 F.2d 1393· 9th Cir.· 1990-03-14 ·cited 3×
  The court held that the classification of a labor dispute as "minor" under the Railway Labor Act is a jurisdictional issue, not a decision on the merits, and the district court correctly found it lacked jurisdiction to enjoin the employer's actions.
• United States v. Knott
  894 F.2d 1119· 9th Cir.· 1990-01-26 ·cited 3×
  Voluntary intoxication, even when combined with a mental disease or defect, cannot be considered in determining an insanity defense under the Insanity Defense Reform Act.
• Mannheim Video, Inc. v. Cnty. OF Cook
  884 F.2d 1043· 7th Cir.· 1989-09-20 ·cited 3×
  The court held that the district court properly abstained under Younger v. Harris in favor of a parallel state court action and did not abuse its discretion in denying sanctions under Rule 11.
• Commc'ns Sys., Inc. v. City OF Danville
  880 F.2d 887· 6th Cir.· 1989-07-27 ·cited 3×·via Gross Abuse Of Discretion
  The court held that the district court did not err in granting summary judgment for the defendants, as there were no genuine issues of material fact regarding the city's franchise award process and CSI's claims lacked merit.
• Bloom v. Bloom
  546 So. 2d 1146· Fla. 4th DCA· 1989-07-26 ·cited 3×
• United States v. Irwin A. Schiff
  876 F.2d 272· 2d Cir.· 1989-05-17 ·cited 3×
  The court held that probation conditions requiring a convicted tax evader to file all legally required tax returns and to refrain from associating with or participating in groups advocating tax non-compliance are reasonably related to the goals of rehabilitation and public protec
• Mut. Fed. Sav. & Loan Ass'n v. Richards & Assocs., Inc.
  872 F.2d 88· 4th Cir.· 1989-04-10 ·cited 3×
  A district court did not abuse its discretion in entering a default judgment against a party for egregious and prolonged discovery violations, even when the party made eleventh-hour attempts to comply.
• Frederic D. Sylvester v. U.S. Army Corps OF Eng'rs
  871 F.2d 817· 9th Cir.· 1989-03-27 ·cited 3×
  The court held that the Corps' regulations, limiting NEPA analysis scope to federally controlled or responsible portions of a project, are a permissible interpretation of the NEPA and entitled to deference.
• Thrifty Dutchman, Inc. v. Fla. Supermarkets, Inc.
  541 So. 2d 634· Fla. 3d DCA· 1989-01-17 ·cited 3×
  Thrifty Dutchman, a property owner-lessor, appeals a trial court decision granting equitable relief to Florida Supermarkets, a lessee who failed to timely renew a commercial lease option. The appellate court reverses, holding that equity cannot relieve a lessee from the consequen
• Kearns v. Keystone Shipping Co.
  863 F.2d 177· 1st Cir.· 1988-12-22 ·cited 3×
  The court affirmed the district court's grant of a new trial, finding no abuse of discretion in setting aside the jury's verdict as against the clear weight of the evidence.
• United States v. Dynalectric Co.
  859 F.2d 1559· 11th Cir.· 1988-11-21 ·cited 3×
  The court held that the criminal antitrust conspiracy continued until the final payments were received under the illegal contract and the final distribution of illicit profits occurred, thus the indictment was timely filed within the five-year statute of limitations. The court al
• United States v. Cothran
  855 F.2d 749· 11th Cir.· 1988-09-19 ·cited 3×
  A district court does not abuse its discretion by imposing a probation condition that restricts a defendant's presence in a specific geographic area if it is reasonably related to rehabilitation or public safety.
• Cont'l Cas. Co. v. Sw. Bell Tel. Co.
  860 F.2d 970· 10th Cir.· 1988-05-31 ·cited 3×
  The court held that the jury's award of $21,423 for tortious interference with contract was so inadequate as to be against the weight of the evidence, constituting an abuse of discretion, and that the statements made by Southwestern Bell were libelous per se under Oklahoma law, r
• Prows v. Warden D.C. Kastner
  842 F.2d 138· 5th Cir.· 1988-04-15 ·cited 3×
  The court held that the district court did not abuse its discretion in ordering inmates to pay partial filing fees, as the required payments did not impose undue financial hardship.
• Brooks v. The United States & Walter M. Pelzer, D.O.
  837 F.2d 958· 11th Cir.· 1988-02-17 ·cited 3×
  The court held that the trial court erred in striking plaintiff's expert witness without sufficient justification and in granting a directed verdict for the defendant physician, as material issues of fact remained for the jury.
• In re Grand Jury Testimony. Appeal of John DOE
  832 F.2d 60· 5th Cir.· 1987-10-28 ·cited 3×
  The court held that the civil litigant failed to demonstrate a particularized need for the grand jury testimony, and the need for continued secrecy outweighed the asserted need for disclosure.
• Wisinski v. State
  508 So. 2d 504· Fla. 4th DCA· 1987-06-10 ·cited 3×·via Abuse Of Discretion Standard For Evidentiary Rulings
  James Wisinski appealed his conviction, claiming the trial court erred by excluding character evidence regarding his reputation for truth and veracity. The Fourth District affirmed the conviction, holding that the reputation testimony was properly excluded because it was based on
• The Budd Co. v. The Travelers Indem. Co.
  820 F.2d 787· 6th Cir.· 1987-06-05 ·cited 3×
  The court held that attorney's fees incurred in common discovery in multi-district litigation should be apportioned between covered and non-covered cases, and that the district court did not abuse its discretion in allowing the insurer to file a counterclaim for overpayment.
• Ardrey v. United Parcel Serv.
  798 F.2d 679· 4th Cir.· 1986-08-18 ·cited 3×·via Abuse Of Discretion Standard For Discovery Rulings
  The court held that the district court did not abuse its discretion by limiting discovery to individual claims, as sufficient information was provided to develop evidence related to those claims, and the plaintiffs failed to establish a prima facie case.
• Wheet v. Wheet
  489 So. 2d 1240· Fla. 1st DCA· 1986-06-18 ·cited 3×
• Gallagher v. L.K. Rest. & Motels, Inc.
  481 So. 2d 562· Fla. 5th DCA· 1986-01-16 ·cited 3×
  A customer sued a restaurant for food poisoning after eating dinner and becoming ill. The trial court allowed the restaurant to reopen its case to introduce hospital records, the jury found for the restaurant, and the customer appealed the denial of her motion for new trial. The
• Jackson v. Firestone Tire & Rubber Co. & Goodyear Tire & Rubber Co.
  779 F.2d 1047· 5th Cir.· 1986-01-02 ·cited 3×
  The court held that the trial court erred in excluding evidence of safer alternative designs and evidence of the indistinguishability of similar products, which were central to the plaintiff's theories of liability.
• Toraki Matsumoto v. PUA
  775 F.2d 1393· 9th Cir.· 1985-11-12 ·cited 3×
  The court held that the two-year disqualification provision of the Honolulu City Charter is likely unconstitutional and reversed the denial of a preliminary injunction.
• Univ. Cmty. Hosp. v. Dep't OF Health & Rehabilitative Servs.
  492 So. 2d 1339· Fla. 2d DCA· 1985-07-26 ·cited 3×·via Gross Abuse Of Discretion
  The court held that the Department of Health and Rehabilitative Services (HRS) abused its discretion in denying a certificate of need, entitling the University Community Hospital (UCH) to attorney's fees.
• Bulloch v. United States
  763 F.2d 1115· 10th Cir.· 1985-05-22 ·cited 3×
  The court held that the trial court erred in setting aside the original judgment for fraud on the court, as the plaintiffs failed to present sufficient evidence of fraud and all relevant information was available to them in the original proceeding.
• Wallraff v. T.G.I. Friday's, Inc.
  470 So. 2d 732· Fla. 5th DCA· 1985-05-09 ·cited 3×
  Wallraff appeals dismissal of his complaint for failure to appear at a scheduled deposition. The court affirmed the dismissal with prejudice, holding that Florida Rule of Civil Procedure 1.380(d) authorizes dismissal of a plaintiff's action for discovery violations even without a