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

• A.A. v. State
  461 So. 2d 165· Fla. 3d DCA· 1984-12-04 ·cited 44×
  An experienced law enforcement officer's opinion testimony, based on sensory perceptions and circumstances of seizure, is sufficient to identify a substance as marijuana beyond a reasonable doubt.
• Llach v. United States
  739 F.2d 1322· 8th Cir.· 1984-07-23 ·cited 44×
  There was no prejudicial error committed on the voir dire in the present case, and the conviction should be affirmed.
• Searock v. Stripling
  736 F.2d 650· 11th Cir.· 1984-07-17 ·cited 44×
  The court held that dismissal of a counterclaim as a sanction under Fed.R.Civ.P. 37(b)(2) is an abuse of discretion when the party's noncompliance is due to inability after a good faith effort, rather than willfulness, bad faith, or fault.
• United States v. Cowley
  720 F.2d 1037· 9th Cir.· 1983-11-15 ·cited 44×
  The court held that while a conspiracy charge can justify joinder, convictions for perjury require precise questioning and a clear contrast between the alleged false statement and the truth. The court also found that testimony about a postmark was inadmissible hearsay due to lack
• Nat'l Labor Relations Bd. v. ARA Servs., Inc.
  717 F.2d 57· 3d Cir.· 1983-09-09 ·cited 44×
  The court held that appellate courts must enforce National Labor Relations Board orders if the Board's construction of the NLRA is permissible, even if not required.
• McKEEVER v. Israel
  689 F.2d 1315· 7th Cir.· 1982-09-29 ·cited 44×
  The dissenting judge disagrees with the majority's decision to reverse the dismissal and remand for appointment of counsel and reconsideration of other issues, arguing the majority erred in directing counsel appointment and in its approach to prisoner civil rights cases.
• United States v. Brown
  688 F.2d 1112· 7th Cir.· 1982-09-08 ·cited 44×·via Abuse Of Discretion Standard For Evidentiary Rulings
  The court held that the admission of business records and 'bad acts' evidence was not an abuse of discretion, comments on silence were harmless error, and the falsification counts sufficiently alleged violations of 18 U.S.C. § 1001.
• United States v. MacDONALD
  688 F.2d 224· 4th Cir.· 1982-08-16 ·cited 44×
  The court concurred with the majority's decision to affirm the conviction, finding no abuse of discretion in the trial court's exclusion of certain hearsay testimony.
• Berry v. McLEMORE
  670 F.2d 30· 5th Cir.· 1982-03-08 ·cited 44×
  A municipality cannot be held liable under § 1983 absent evidence that the constitutional deprivation was pursuant to an official policy or custom, and a plaintiff cannot recover attorney fees from a party dismissed from the suit. However, the district court abused its discretion
• Ellingsworth v. Clark Chrysler and Carol Banning
  665 F.2d 180· 7th Cir.· 1981-12-01 ·cited 44×
  The court held that the district court abused its discretion in denying the motion to set aside the default judgment, as the defendants' failure to appear was due to excusable neglect and they had presented meritorious defenses.
• Lavern Marquardt v. N. Am. CAR Corp.
  652 F.2d 715· 7th Cir.· 1981-06-30 ·cited 44×
  The court held that a district court's denial of attorneys' fees to a prevailing defendant in an ERISA case is rarely an abuse of discretion, especially when considering factors like the plaintiff's limited means and the defendant's dilatory tactics.
• Long v. Bureau OF Econ. Analysis
  646 F.2d 1310· 9th Cir.· 1981-05-04 ·cited 44×
  The court held that the district court did not err in granting summary judgment for disclosure of computer tapes under FOIA's Exemption 3, nor in denying the BEA leave to amend its answer to assert new defenses after significant delay.
• PUE v. Sillas
  632 F.2d 74· 9th Cir.· 1980-06-25 ·cited 44×
  The court held that the district judge abused his discretion by ordering abstention because the state statutes at issue were clear and the presence of a 'mirror-image' state constitutional claim does not justify abstention.
• United States v. Thomann
  609 F.2d 560· 1st Cir.· 1979-11-14 ·cited 44×·via Abuse Of Discretion Standard For Severance
  The court held that the defendant lacked standing to challenge the search and seizure of his wife's fingerprints, and that his other claims regarding severance, jury instructions, and ineffective assistance of counsel were without merit.
• de Filippis v. United States
  567 F.2d 341· 7th Cir.· 1977-12-05 ·cited 44×
  The dissent argues that the district court abused its discretion by not granting a Rule 60(b) motion to modify an injunction prospectively, given subsequent Supreme Court precedent.
• Fred Weber, Inc. v. Shell OIL Co.
  566 F.2d 602· 8th Cir.· 1977-11-30 ·cited 44×
  An order denying a motion to disqualify counsel is immediately appealable as a collateral order, and the district court did not abuse its discretion in denying disqualification where no attorney-client relationship existed and no confidential information was shown to have been ob
• Balaji Doraiswamy v. Secretary OF Labor
  555 F.2d 832· D.C. Cir.· 1976-11-26 ·cited 44×
  The court held that judicial review of the Secretary of Labor's denial of labor certifications is limited to the administrative record, and the burden is on the alien or employer to prove the unavailability of qualified American workers.
• Dugan v. United States
  521 F.2d 231· 5th Cir.· 1975-10-17 ·cited 44×
  The court held that the district court erred in denying an evidentiary hearing on the petitioners' motion to vacate their convictions based on an unkept plea bargain, especially after new evidence was presented.
• Arry Ortego v. Caspar Weinberger
  516 F.2d 1005· 5th Cir.· 1975-08-04 ·cited 44×
  The court held that federal courts have jurisdiction to review the Secretary's refusal to reopen prior Social Security applications under the Administrative Procedure Act, but that the district court erred in reviewing the merits de novo rather than for abuse of discretion.
• PPG Indus., Inc. v. Cont'l OIL Co.
  478 F.2d 674· 5th Cir.· 1973-05-09 ·cited 44×
  A federal district court has discretionary power to stay an equity suit pending the outcome of a parallel state action, and this discretion was properly exercised in this case.
• McBEE v. Bomar
  296 F.2d 235· 6th Cir.· 1961-12-04 ·cited 44×
  The court held that the petitioner was denied his constitutional right to effective assistance of counsel due to the trial court's denial of a continuance, and thus the habeas corpus petition should be granted.
• Apel v. United States
  247 F.2d 277· 8th Cir.· 1957-08-12 ·cited 44×·via Abuse Of Discretion Standard On Appeal
  The court held that the evidence was sufficient to sustain the conviction and that the trial court did not err in its instructions or in denying the motion for a new trial.
• Jackson v. State
  89 So. 3d 1011· Fla. 4th DCA· 2012-05-30 ·cited 43×
  Michael Jackson was convicted of first-degree murder for shooting a drug dealer. On appeal, Jackson challenged the prosecutor's closing argument characterizing the chief witness as honest and the admission of detective testimony about neighborhood reluctance to cooperate with pol
• Deutsche Bank Nat'l Tr. Co. v. Lippi
  78 So. 3d 81· Fla. 5th DCA· 2012-01-20 ·cited 43×·via Abuse Of Discretion Standard For Sanctions
  Deutsche Bank appealed the dismissal of its mortgage foreclosure complaint with prejudice against borrower Tony Lippi. The court reversed, holding that Deutsche Bank had standing as the note holder based on possession of the original note with a blank indorsement, and that dismis
• Land & SEA Petroleum, Inc. v. Bus. Specialists, Inc.
  53 So. 3d 348· Fla. 4th DCA· 2011-01-19 ·cited 43×
  Land & Sea Petroleum appeals the denial of its motion to recover attorney's fees and costs from brokers Business Specialists and Continental after prevailing in a summary judgment on an unenforceable brokerage commission contract claim. The Fourth District reverses, finding the s
• Stanislaw Matajek v. Leokadia Skowronska
  927 So. 2d 981· Fla. 5th DCA· 2006-03-31 ·cited 43×
  In this dissolution of marriage case, the appellate court partially affirmed and partially reversed the trial court's equitable distribution of marital assets, award of permanent periodic alimony, and determination of attorney's fees. The court found that the trial court lacked j
• Montage Grp., Ltd. v. Athle-Tech Computer Sys., Inc.
  889 So. 2d 180· Fla. 2d DCA· 2004-12-15 ·cited 43×
  Montage Group and Digital Editing Services appeal a $14.1 million judgment for breach of contract, tortious interference, and unjust enrichment arising from their sale of software code that Athle-Tech claimed a contractual right to jointly own and license. The appellate court aff
• Kovalchick v. Laraine Kovalchick
  841 So. 2d 669· Fla. 4th DCA· 2003-04-09 ·cited 43×
  The appellate court affirmed the equitable distribution of marital assets but reversed and remanded the alimony award due to a mathematical miscalculation. The court also cautioned the trial court against verbatim adoption of proposed orders.
• Layeni v. Kehinde A. Layeni
  843 So. 2d 295· Fla. 5th DCA· 2003-02-28 ·cited 43×
  In this family law appeal, the Fifth District Court of Appeal reviewed a final judgment of dissolution of marriage involving a seven-year marriage between a cardiology physician and a homemaker. The court affirmed the trial court's denial of permanent alimony but reversed on reha
• Israel v. State
  837 So. 2d 381· Fla.· 2002-12-19 ·cited 43×·via Abuse Of Discretion Standard For Continuance
  Connie Ray Israel was convicted of first-degree murder in the December 1991 death of Esther Hagans and sentenced to death. The Florida Supreme Court affirmed his conviction and death sentence, rejecting claims of trial error related to his courtroom presence, restraints, jury com
• Ceasar Robinson v. State
  770 So. 2d 1167· Fla.· 2000-10-05 ·cited 43×
  The Florida Supreme Court reviewed a trial court's grant of postconviction relief based on newly discovered impeachment evidence in a murder case. The Court approved reversal of the postconviction relief but remanded for the trial court to properly apply the two-prong Jones test
• Amendments to the Florida Rules of Civil Procedure
  773 So. 2d 1098· Fla.· 2000-10-05 ·cited 43×
  This is a Florida Supreme Court order adopting proposed amendments to the Florida Rules of Civil Procedure, submitted by the Civil Procedure Rules Committee. The court approves substantive amendments to multiple rules and forms, effective January 1, 2001.
• Anderson v. State
  692 So. 2d 250· Fla. 3d DCA· 1997-04-23 ·cited 43×
  Lawrence Anderson appealed a trial court's denial of his petition to seal his criminal history records following a 1993 no-contest plea to grand theft and aggravated stalking. The Third District Court of Appeal reversed, holding that while trial courts have discretion to deny sea
• Irving v. State
  627 So. 2d 92· Fla. 3d DCA· 1993-11-23 ·cited 43×
  Charles Irving appeals his convictions for attempted second-degree murder with a firearm and unlawful possession of a firearm, and his habitual violent felony offender sentence. The court affirmed the convictions and sentence on the issues presented but remanded the unlawful poss
• Guar. Fin. Servs., Inc. v. Ryan
  928 F.2d 994· 11th Cir.· 1991-03-25 ·cited 43×
  The court held that the contract did not grant an unmistakable right to treat supervisory goodwill as regulatory capital for a fixed period, and FIRREA's statutory requirements for phasing out goodwill apply. Therefore, the preliminary injunction was improperly granted.
• United States v. Castillo-Valencia
  917 F.2d 494· 11th Cir.· 1990-11-20 ·cited 43×·via Abuse Of Discretion Standard For Severance
  The court held that the joint trial of ten co-defendants did not subject the appellants to compelling prejudice, and affirmed the district court's denial of their severance motion. It also affirmed the sentencing decisions regarding acceptance of responsibility, managerial role,
• Townsend v. Holman Consulting Corp.
  929 F.2d 1358· 9th Cir.· 1990-09-06 ·cited 43×
  The court held that Rule 11 sanctions should not be imposed unless all claims against a particular defendant are frivolous or filed for an improper purpose.
• Anne Anderson v. Beatrice Foods Co.
  900 F.2d 388· 1st Cir.· 1990-03-26 ·cited 43×
  The court affirmed the denial of the plaintiffs' Rule 60(b)(3) motion and the district court's decision regarding sanctions, finding no clear error in the lower court's factual determinations or abuse of discretion in its handling of sanctions.
• Executive CAR & Truck Leasing, Inc. v. Alberta DeSERIO
  468 So. 2d 1027· Fla. 4th DCA· 1985-04-24 ·cited 43×
  In this negligence action arising from an automobile collision, the court affirmed a $1.2 million judgment for the plaintiff, holding that a clinical psychologist need not be a medical doctor to testify regarding the existence of organic brain damage, and that medical testimony i
• State v. Twelves
  463 So. 2d 493· Fla. 2d DCA· 1985-02-08 ·cited 43×
  The appellate court sustained the trial court's downward departure from sentencing guidelines, finding no abuse of discretion.
• Richardson v. Byrd
  709 F.2d 1016· 5th Cir.· 1983-07-22 ·cited 43×
  The court held that the district court did not err in certifying the class or awarding backpay, but vacated the attorneys' fee award for reconsideration under Hensley v. Eckerhart.
• United States v. Tolliver
  665 F.2d 1005· 11th Cir.· 1982-01-11 ·cited 43×
  The court held that the evidence was sufficient to support the conviction, the entry was justified by exigent circumstances, and the restriction on cross-examination was within the trial court's discretion.
• Miller v. Carson
  628 F.2d 346· 5th Cir.· 1980-10-14 ·cited 43×
  The court held that attorneys' fees and costs for post-judgment efforts are awardable under 42 U.S.C. § 1988 if those efforts are reasonably related to the claims upon which the plaintiff prevailed, even without a subsequent court order.
• Walton v. Eaton Corp.
  563 F.2d 66· 3d Cir.· 1977-07-18 ·cited 43×
  The court held that a plaintiff who waives the right to a jury trial in an initial complaint cannot revive that right by filing a second, substantially identical complaint, even if it demands a jury trial and alleges new damages.
• United States v. Butcher
  557 F.2d 666· 9th Cir.· 1977-07-15 ·cited 43×
  The court held that admitting lay opinion testimony from law enforcement officers identifying the defendant in surveillance photos was not an abuse of discretion, and refusing the defendant's requested special jury instruction on identification was also not an error.
• United States v. Pearson
  508 F.2d 595· 5th Cir.· 1975-02-21 ·cited 43×·via Abuse Of Discretion Standard For Evidentiary Rulings
  The court held that the evidence was sufficient to establish federal jurisdiction under the Hobbs Act, the challenged evidence was properly admitted, and the denial of severance was not an abuse of discretion.
• Plaintiff B v. Francis
  631 F.3d 1310· 11th Cir.· 2011-02-01 ·cited 42×
  Four women who were minors when Joseph R. Francis and his Girls Gone Wild companies filmed them exposing their breasts and engaging in explicit sexual acts sued for damages. The district court denied their motion to proceed anonymously at trial, reasoning that their conduct was "
• Giani Fasani v. Kowalski
  43 So. 3d 805· Fla. 3d DCA· 2010-08-25 ·cited 42×
  Fasani and Lincoln Road Associates appeal a jury verdict for Kowalski following a personal injury case where a granite tile fell in an elevator. The appellate court found that plaintiff's counsel engaged in improper, highly prejudicial arguments attacking the defendants' characte
• Smith v. State
  28 So. 3d 838· Fla.· 2009-12-17 ·cited 42×
  Joseph Smith appeals his capital convictions and death sentence for the kidnapping, sexual battery, and murder of 11-year-old Carlie Brucia in 2004. The Florida Supreme Court affirms all convictions and the death sentence, finding overwhelming evidence of guilt and proportionate
• Braddy Williams v. State
  919 So. 2d 645· Fla. 4th DCA· 2006-01-25 ·cited 42×
  A trial court need not hold an evidentiary hearing on a motion to withdraw a guilty plea when the defendant's allegation of coercion is conclusively refuted by the record of the plea colloquy.