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

• State v. Harris
  660 So. 2d 285· Fla. 5th DCA· 1995-07-07 ·cited 2×
  When a jury verdict is supported by independent, unchallenged testimony and the evidence is legally sufficient, a trial court may not set aside that verdict and adjudicate a lesser included offense, as doing so improperly invades the jury's fact-finding function.
• Pilla v. The Sch. Bd. OF Dade Cnty.
  655 So. 2d 1312· Fla. 3d DCA· 1995-06-14 ·cited 2×
  A teacher appealed his employment termination by the Dade County School Board after the board was allowed to amend its administrative complaint mid-hearing to add charges that mirrored those brought by the Commissioner of Education. The court reversed, holding that permitting the
• State v. Rains
  654 So. 2d 1254· Fla. 2d DCA· 1995-05-12 ·cited 2×
  The circuit court did not abuse its discretion in allowing Rains to intervene in the distribution of assets from a civil RICO settlement.
• Rinker Materials Corp. v. Navistar Int'l Transp. Corp.
  654 So. 2d 279· Fla. 4th DCA· 1995-05-03 ·cited 2×
  Rinker Materials challenged a discovery order requiring it to produce a truck for testing and inspection without advance payment or bond. The Fourth District Court of Appeal upheld the trial court's order, holding that postponing payment determination until after inspection was n
• United States v. Uria
  180 B.R. 688· S.D. Fla.· 1995-03-30 ·cited 2×
  Federal tax liens survive bankruptcy discharge even if the underlying tax debt is dischargeable, and a bankruptcy court erred in ordering the release of such liens.
• CED Cap. Holdings, III, Ltd. v. Fla. Dep't OF Cmty. Affairs
  646 So. 2d 846· Fla. 1st DCA· 1994-12-23 ·cited 2×·via Abuse Of Agency Discretion
  The court reversed the agency's denial of a low-income housing tax credit application and remanded for a formal administrative hearing, treating the agency's motion for remand as a confession of error and awarding attorney's fees for the agency's gross abuse of discretion.
• State v. Soukup
  646 So. 2d 297· Fla. 5th DCA· 1994-12-16 ·cited 2×
• Suncoast Airlines, Inc. v. Atkinson & Mullen Travel
  188 B.R. 56· S.D. Fla.· 1994-08-17 ·cited 2×
  Suncoast Airlines appealed sanctions imposed by the bankruptcy court for filing meritless defenses and counterclaims against Apple Vacations with the improper purpose of increasing litigation costs. The district court affirmed the $75,000 sanction against Suncoast and $2,730 sanc
• Bader v. Bader
  639 So. 2d 122· Fla. 2d DCA· 1994-06-24 ·cited 2×
  A trial court's ultimate finding that an award of primary residential custody to one parent is in the child's best interests is sufficient to sustain the award, provided substantial competent evidence supports the evaluation of relevant factors.
• Green v. Green
  646 So. 2d 210· Fla. 2d DCA· 1994-06-03 ·cited 2×
• Suarez v. Suarez
  627 So. 2d 602· Fla. 3d DCA· 1993-12-07 ·cited 2×
  The court held that the trial court did not abuse its discretion in awarding permanent alimony, child support, lump sum alimony, and attorney's fees, and properly valued the husband's insurance company.
• Smith v. Aldingers
  999 F.2d 109· 5th Cir.· 1993-08-27 ·cited 2×
  The court held that the district court erred in dismissing the inmate's Eighth Amendment claim as frivolous because the claim alleged a personal deprivation of constitutional rights based on psychological injury from a threat.
• United States v. Alford
  999 F.2d 818· 5th Cir.· 1993-08-23 ·cited 2×
  The court held that the district court did not err in denying surrebuttal or a continuance, asserting jurisdiction over money laundering counts, finding sufficient evidence for money laundering, or failing to require a unanimous verdict on the means alleged in the money launderin
• Mitchell v. State
  622 So. 2d 1156· Fla. 5th DCA· 1993-08-20 ·cited 2×
  The appellate court held that the trial court did not abuse its discretion in finding the state's reason for striking a juror was race-neutral and non-pretextual.
• Metro. Fed. Bank OF Iowa v. W.R. Grace & Co.
  999 F.2d 1257· 8th Cir.· 1993-07-27 ·cited 2×
  The court affirmed the district court's grant of summary judgment on asbestos abatement costs and its decision to allow voluntary dismissal of claims related to non-Minnesota buildings, finding no abuse of discretion.
• Towe Antique Ford Found. v. Internal Revenue Serv.
  999 F.2d 1387· 9th Cir.· 1993-07-22 ·cited 2×
  The court held that the evidence did not support a finding that the transfer of the automobile collection was a fraudulent attempt to evade federal taxes.
• Whitney v. Drue Leslye Whitney
  624 So. 2d 275· Fla. 3d DCA· 1993-07-20 ·cited 2×
• Lynch v. Blodgett
  999 F.2d 401· 9th Cir.· 1993-07-13 ·cited 2×
  A state prisoner appealing the denial of a post-judgment motion for relief under Fed.R.Civ.P. 60(b) in a federal habeas corpus proceeding must obtain a certificate of probable cause.
• United States v. Groene
  998 F.2d 604· 8th Cir.· 1993-07-13 ·cited 2×
  The court should affirm the district court's sentencing departure because appellate courts must defer to the sentencing court's judgment on reasonableness.
• Aviation Supply Corp. v. R.S.B.I. Aerospace, Inc.
  999 F.2d 314· 8th Cir.· 1993-07-12 ·cited 2×
  The court held that the district court did not abuse its discretion in appointing a receiver to protect a judgment creditor's interests when the debtor engaged in asset transfers and refused to cooperate with discovery, and that the order to prepare an inventory did not violate t
• United States v. Parker
  997 F.2d 219· 6th Cir.· 1993-07-06 ·cited 2×
  The court held that the trial court did not err by not giving a voluntariness instruction for a confession when the defendant did not request it or object to its introduction.
• In re Cordova-Gonzalez
  996 F.2d 1334· 1st Cir.· 1993-06-30 ·cited 2×
  The court held that the district court did not abuse its discretion in disbarring the attorney, and affirmed the disbarment order.
• United States v. Mora
  994 F.2d 1129· 5th Cir.· 1993-06-28 ·cited 2×
  The court affirmed the convictions, finding no reversible error in the entrapment defense, discovery rulings, informant production, cross-examination restrictions, or sufficiency of the evidence.
• Kattan v. Dist. OF Columbia
  995 F.2d 274· D.C. Cir.· 1993-06-15 ·cited 2×·via Abuse Of Discretion Standard On Appeal
  The court held that the District of Columbia waived the issue of Mr. Kattan's eligibility for attorney's fees by not raising it timely.
• United States v. Seavoy
  995 F.2d 1414· 7th Cir.· 1993-06-15 ·cited 2×
  The court held that the admission of a co-defendant's prior sworn testimony under the residual hearsay exception was proper, and that the denial of a motion to withdraw a guilty plea and a sentence enhancement for firearm use were not erroneous.
• Resolution Tr. Corp. for Sw. Fed. Sav. Ass'n v. Sharif-Munir-Davidson Dev. Corp.
  992 F.2d 1398· 5th Cir.· 1993-06-14 ·cited 2×
  The court held that a district court's grant of summary judgment without specific notice that it contemplated ruling on the motion was not an abuse of discretion, as local rules provided sufficient notice.
• United States v. Cantero
  995 F.2d 1407· 7th Cir.· 1993-06-14 ·cited 2×
  The court affirmed the district court's sentencing enhancements, finding that the firearm was possessed during the commission of the conspiracy offense and that Bernal was a manager or supervisor of the criminal activity.
• Dean Witter Reynolds, Inc. v. M.C. McCOY
  995 F.2d 649· 6th Cir.· 1993-06-14 ·cited 2×
  The court held that the question of whether claims are time-barred under the NASD Code of Arbitration Procedure is a matter for the courts to decide, not the arbitrators.
• Morgan v. Woessner
  997 F.2d 1244· 9th Cir.· 1993-06-10 ·cited 2×
  The court held that the interpretation of the Supreme Court's decision in Pacific Mutual Life Ins. Co. v. Haslip regarding due process in punitive damages review is flexible and case-specific, not requiring states to adopt Alabama's exact procedures.
• Agapita Rosa Velazquez v. Figueroa-Gomez
  996 F.2d 425· 1st Cir.· 1993-06-09 ·cited 2×
  The court held that the district court did not abuse its discretion in denying a motion to alter or amend judgment challenging the sufficiency of evidence and excessive damages, nor in denying reinstatement.
• In re Beezley v. Cal. Land Title Co.
  994 F.2d 1433· 9th Cir.· 1993-06-04 ·cited 2×
  The court held that the bankruptcy court did not abuse its discretion in denying the debtor's motion to reopen his no-asset Chapter 7 case to add an omitted debt.
• Porter v. Lima Mem'l Hosp.
  995 F.2d 629· 6th Cir.· 1993-06-03 ·cited 2×
  The court affirmed the grant of a new trial based on the manifest weight of the evidence and upheld the denial of judgment notwithstanding the verdict, finding insufficient proximate cause evidence against the hospital's nurses.
• Bowman v. State
  620 So. 2d 1036· Fla. 4th DCA· 1993-06-02 ·cited 2×
  The court affirmed the conviction for capital sexual battery but reversed and remanded the sentence for custodial sexual battery due to the lack of written reasons for departure.
• F.B. Horner & Assocs., Inc. v. Sec. & Exch. Comm'n
  994 F.2d 61· 2d Cir.· 1993-05-19 ·cited 2×
  The court held that the SEC's findings of excessive markups were supported by substantial evidence and that the imposed fine and censure were not an abuse of discretion.
• Palacios-Torres v. Immigr. & Naturalization Serv.
  995 F.2d 96· 7th Cir.· 1993-05-18 ·cited 2×
  The court held that the Board of Immigration Appeals did not abuse its discretion in denying discretionary relief from deportation, as the petitioner failed to demonstrate sufficient rehabilitation to outweigh his serious drug offenses.
• Ada Sandra Kopf v. Skyrm
  993 F.2d 374· 4th Cir.· 1993-05-07 ·cited 2×·via Abuse Of Discretion Standard For Evidentiary Rulings
  The court held that the total exclusion of plaintiff's expert witnesses was an abuse of discretion, and that the introduction of evidence regarding the arrestee's guilt and prior drug use was improper.
• United States v. Smith
  995 F.2d 662· 7th Cir.· 1993-05-03 ·cited 2×·via Abuse Of Discretion Standard For Evidentiary Rulings
  The court affirmed convictions and sentences, finding sufficient evidence for a single conspiracy and no abuse of discretion in evidentiary rulings or denial of severance motions.
• GEE v. Detective James Pride
  992 F.2d 159· 8th Cir.· 1993-04-23 ·cited 2×
  The court held that the trial court did not abuse its discretion in admitting evidence of the appellant's prior convictions and in allowing certain cross-examination and closing argument remarks, as any errors were either waived, harmless, or did not rise to the level of plain er
• Espinoza v. Immigr. & Naturalization Serv.
  991 F.2d 1294· 7th Cir.· 1993-04-22 ·cited 2×
  The court held that the Board of Immigration Appeals abused its discretion by relying on an incomplete record and speculation when denying a discretionary waiver of deportation.
• United States v. Gilbert
  990 F.2d 916· 6th Cir.· 1993-04-22 ·cited 2×
  The court held that a transcribed oral statement from the bench, detailing findings and reasons for revocation, satisfies the "written statement" requirement for supervised release revocation hearings.
• United States v. L.E. Cooke Co., Inc.
  991 F.2d 336· 6th Cir.· 1993-04-20 ·cited 2×
  The court held that the district court did not err in admitting expert testimony that was based on a reasonable factual basis, even if not perfectly conforming to a standard method, and that the jury's verdict was supported by the evidence.
• Johnson v. Ford Motor Co. & Ford Motor Co. of Canada, Ltd.
  988 F.2d 573· 5th Cir.· 1993-04-19 ·cited 2×
  The court held that the district court did not abuse its discretion in excluding evidence of other lawsuits and claims, nor in its rulings on Ford's closing argument, affirming the jury's verdict.
• Johnson v. Cowell Steel Structures, Inc.
  991 F.2d 474· 8th Cir.· 1993-04-16 ·cited 2×·via Abuse Of Discretion Standard For New Trial Motions
  The court held that the jury's compensatory damage award was within the range of evidence and not shockingly inadequate, and that the evidence did not support a claim for punitive damages.
• United States v. Rachelle L. Miller
  991 F.2d 552· 9th Cir.· 1993-04-15 ·cited 2×
  A district court may depart downward from a Sentencing Guidelines sentence to account for time already served on home detention, but not by more than the time served.
• LAC DU Flambeau Band OF Lake Superior Chippewa Indians v. Stop Treaty Abuse-Wisconsin, Inc.
  991 F.2d 1249· 7th Cir.· 1993-04-14 ·cited 2×
  The court held that the defendants' affidavits were sufficient to raise a dispute regarding whether race played a motivating part in their actions, requiring further inquiry.
• Wilfong v. United States
  991 F.2d 359· 7th Cir.· 1993-04-08 ·cited 2×
  The court held that the government's position was substantially justified, reversing the award of attorney fees and costs to the taxpayer.
• United States v. Gussie L. McCONNELL and Willie R. McConnell
  988 F.2d 530· 5th Cir.· 1993-04-05 ·cited 2×·via Abuse Of Discretion Standard For Evidentiary Rulings
  The court held that the trial court erred in admitting a hearsay statement and evidence of co-conspirators' illegal activities without proper foundation, requiring reversal of the convictions.
• United States v. Sandoval
  990 F.2d 481· 9th Cir.· 1993-04-02 ·cited 2×
  The court held that the defendant's voluntary disappearance and fugitive status waived his speedy trial right, and the district court did not abuse its discretion in responding to the jury's request to reread testimony.
• Westvaco Corp. v. Int'l Paper Co.
  991 F.2d 735· Fed. Cir.· 1993-03-31 ·cited 2×
  The court held that damages for patent infringement cannot be awarded for sales made before the reissue patent date if the reissue claims are not identical to the original claims. The court also reversed the finding of willful infringement, finding the reliance on competent couns
• Sasser v. The Adm'r
  990 F.2d 127· 4th Cir.· 1993-03-24 ·cited 2×
  The court held that the EPA Administrator had subject matter jurisdiction to assess Class II penalties for continuing violations of the Clean Water Act, and that the Seventh Amendment does not entitle a party to a jury trial in such administrative proceedings.