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

• Merlin Downie v. Indep. Drivers Ass'n Pension Plan
  934 F.2d 1168· 10th Cir.· 1991-06-05 ·cited 2×
  The court held that the district court's equitable remedy was proper in principle but required clarification regarding service credits and restitution, and remanded for findings on attorney fees.
• In re Leonard and Jeanette Wieseler v. Leonard and Jeanette Wieseler
  934 F.2d 965· 8th Cir.· 1991-06-03 ·cited 2×
  The court held that the bankruptcy court abused its discretion by vacating its order lifting the automatic stay, as the debtors' failure to comply with a stipulation constituted cause for lifting the stay.
• Williams v. Bowen
  966 F.2d 1259· 9th Cir.· 1991-05-30 ·cited 2×
  The court held that the district court abused its discretion in finding the Secretary's position substantially justified after a second denial of benefits.
• Omaha Indian Tribe v. Tract I-Blackbird Bend Area: Agric. & Indus. Inv. Co.
  933 F.2d 1462· 8th Cir.· 1991-05-28 ·cited 2×
  The court held that the district court did not abuse its discretion in dismissing the Tribe's quiet title action with prejudice due to the Tribe's intentional and willful noncompliance with court orders and rules.
• Dickinson v. Ind. State Election Bd.
  933 F.2d 497· 7th Cir.· 1991-05-21 ·cited 2×
  The court held that the Indiana General Assembly was not a necessary party for a Section Two Voting Rights Act claim and that laches and equitable principles did not bar all relief.
• Picon v. Morris
  933 F.2d 660· 8th Cir.· 1991-05-16 ·cited 2×
  The court held that the district court abused its discretion in denying the Rule 60(b) motion because the dismissal order may have dissolved the consent decree, requiring relief for McBride to pursue a contempt action.
• Morales v. Merit Sys. Prot. Bd.
  932 F.2d 800· 9th Cir.· 1991-05-06 ·cited 2×·via Arbitrary, Capricious, Or Abuse Of Discretion Standard
  The court held that the district court erred in granting summary judgment on the retaliatory discharge claim because a genuine issue of material fact regarding credibility remained, but affirmed summary judgment on the non-discrimination claims.
• Frey v. Commodity Futures Trading Comm'n
  931 F.2d 1171· 7th Cir.· 1991-04-30 ·cited 2×
  The court held that the Commodity Futures Trading Commission (CFTC) did not abuse its discretion in denying fees and costs under the Equal Access to Justice Act (EAJA) to George Frey, finding the agency's position in prosecuting the price manipulation case was substantially justi
• Am. Nat'l Bank & Tr. Co. OF Sapulpa v. BIC Corp.
  931 F.2d 1411· 10th Cir.· 1991-04-30 ·cited 2×
  The court held that a district court does not abuse its discretion by unconditionally dismissing an action without prejudice, even if the plaintiff intends to refile in state court, as potential tactical advantage is insufficient prejudice.
• United States v. Hamell
  931 F.2d 466· 8th Cir.· 1991-04-22 ·cited 2×
  The court held that the district court did not err in denying the motion to suppress, admitting or excluding evidence, or in its jury instructions, and affirmed the convictions.
• In re J.W. Knapp Co. v. Porter
  930 F.2d 386· 4th Cir.· 1991-04-18 ·cited 2×
  The court held that an attorney for a Chapter 7 trustee cannot be compensated for performing essentially ministerial duties of the trustee, even in a complex case, unless those duties involve legal expertise.
• In re Chattanooga Wholesale Antiques, Inc. v. Rossville Bank
  930 F.2d 458· 6th Cir.· 1991-04-10 ·cited 2×
  The court held that post-confirmation payments made under a confirmed Chapter 11 plan are not recoverable by a Chapter 7 trustee, but pre-petition payments and a specific post-petition, pre-confirmation payment are recoverable as preferential or unauthorized transfers.
• United States v. Rushel Mack Carlisle
  929 F.2d 1324· 8th Cir.· 1991-04-10 ·cited 2×
  The court held that the evidence was insufficient to support the conviction for using a firearm in a drug trafficking crime, but sufficient for other convictions and that the district court did not abuse its discretion in denying a downward sentencing departure.
• The Woodlawn Cemetery v. Local 365
  930 F.2d 154· 2d Cir.· 1991-04-04 ·cited 2×
  The court held that the district court did not abuse its discretion in granting a stay of arbitration proceedings pending the final determination of the National Labor Relations Board case, due to the extensive litigation already conducted before the NLRB.
• United States v. ONE Parcel OF Prop. Located AT 31-33 York St.
  930 F.2d 139· 2d Cir.· 1991-04-03 ·cited 2×·via Abuse Of Discretion Standard For Evidentiary Rulings
  The court held that Connecticut's erasure statute does not bar the admission of erased arrest records in a federal forfeiture proceeding, and the exclusion of the appellant's expert testimony was not an abuse of discretion.
• The RED Carpet Corp. OF Panama City Beach v. Se. Banking Corp.
  580 So. 2d 780· Fla. 3d DCA· 1991-04-02 ·cited 2×
  The court held that the trial court did not abuse its discretion in transferring venue to Bay County because the actions were interrelated and the Bay County action was filed first.
• Selena H. Threadgill v. Armstrong World Indus., Inc.
  928 F.2d 1366· 3d Cir.· 1991-03-19 ·cited 2×
  The court held that the district court erred by refusing to independently examine the authenticity of the Sumner Simpson documents and by adopting a prior ruling without proper analysis, requiring reversal.
• Winter v. Brenner Tank, Inc.
  926 F.2d 468· 5th Cir.· 1991-03-18 ·cited 2×
  The court held that the jury's verdict was not against the great weight of the evidence and that improper remarks by defense counsel did not prejudice the plaintiff's right to a fair trial, thus affirming the denial of the plaintiff's motions for a new trial and judgment notwiths
• McHENRY v. Utah Valley Hosp.
  927 F.2d 1125· 10th Cir.· 1991-03-12 ·cited 2×
  The court held that the plaintiff's claims were barred by the statute of limitations and that the district court did not abuse its discretion in imposing sanctions.
• Reese v. Sullivan
  925 F.2d 1395· 11th Cir.· 1991-03-11 ·cited 2×
  The court held that the district court abused its discretion in denying attorney's fees under the EAJA because the government's position was not substantially justified in law.
• Musibau Hassan v. Immigr. & Naturalization Serv.
  927 F.2d 465· 9th Cir.· 1991-03-01 ·cited 2×
  The court held that the Board of Immigration Appeals did not abuse its discretion in denying Hassan's application for a waiver of inadmissibility, as he failed to demonstrate extreme hardship to his family and conditional waivers are not authorized by statute.
• Amernational Indus., Inc. v. Action-Tungsram, Inc.
  925 F.2d 970· 6th Cir.· 1991-02-14 ·cited 2×
  The court held that the district court abused its discretion in denying the motion to set aside the default judgment, considering the factors of prejudice, meritorious defense, and culpable conduct.
• United States v. Rogers
  925 F.2d 1285· 10th Cir.· 1991-02-12 ·cited 2×
  The court held that the district court did not abuse its discretion in denying the defendant's motion for severance, as the defendant failed to demonstrate sufficient prejudice or meet the burden required for severance.
• Amwest Mortg. Corp. v. Grady
  925 F.2d 1162· 9th Cir.· 1991-02-11 ·cited 2×
  The court held that the district court did not abuse its discretion in denying a permanent injunction to stay state court proceedings because the relitigation exception to the Anti-Injunction Act was not met.
• Lewis v. Poulson
  573 So. 2d 443· Fla. 2d DCA· 1991-02-01 ·cited 2×
  The court held that an automatic increase in child support is impermissible, but affirmed the trial court's awards for child support, rehabilitative alimony, and refusal of temporary CPA costs.
• United States v. Donaghe
  924 F.2d 940· 9th Cir.· 1991-01-31 ·cited 2×·via Abuse Of Discretion Standard For Continuance
  The court held that it has appellate jurisdiction over a provisional sentence imposed under 18 U.S.C. § 3552(b), that the district court did not abuse its discretion in denying a continuance, that no due process violation occurred regarding probation officer notes, and that the d
• Unsecured Creditors' Comm. v. Puget Sound Plywood, Inc.
  924 F.2d 955· 9th Cir.· 1991-01-31 ·cited 2×
  The court held that the bankruptcy court did not abuse its discretion in awarding partial attorneys' fees, as the attorney failed to adequately document necessity and reasonableness of services, and the fee application lacked sufficient detail for a lodestar calculation.
• Oddzon Prods., Inc. v. Oman
  924 F.2d 346· D.C. Cir.· 1991-01-29 ·cited 2×
  The court held that the Copyright Office's refusal to register the KOOSH ball was not an abuse of discretion, affirming the district court's summary judgment.
• In re Benny Leigh Edmonds and Shirley Jeannine Edmonds v. Benny Leigh Edmonds and Shirley Jeannine Edmonds
  924 F.2d 176· 10th Cir.· 1991-01-22 ·cited 2×
  The court held that the creditor's complaint stated a claim for revocation of discharge and that the award of attorney's fees was improper.
• Hester M. Rogers v. Raymark Indus., Inc.
  922 F.2d 1426· 9th Cir.· 1991-01-09 ·cited 2×
  The court held that the district court did not abuse its discretion in excluding expert and percipient witness testimony under Fed.R.Evid. 403, and any error in allowing demonstrative evidence not listed in the pre-trial order was harmless.
• In re Lynde
  922 F.2d 1448· 10th Cir.· 1991-01-07 ·cited 2×
  The court held that the district court did not abuse its discretion in denying the petition for release of grand jury testimony because the petitioners failed to demonstrate a sufficient particularized need for the material.
• In re the Application & Affidavit FOR A Search Warrant. The Wash. Post Co. v. Hughes
  923 F.2d 324· 4th Cir.· 1991-01-02 ·cited 2×
  The dissenting judge argues that the majority erred in reversing the magistrate's order to seal a portion of a search warrant affidavit, finding that the magistrate did not abuse his discretion.
• Williams v. Wal-Mart Stores, Inc.
  922 F.2d 1357· 8th Cir.· 1990-12-31 ·cited 2×
  The court held that the appellant failed to preserve essential evidence by not making an offer of proof, thus preventing a finding of plain error.
• United States v. Hart
  922 F.2d 613· 10th Cir.· 1990-12-28 ·cited 2×
  The court held that the district court did not abuse its discretion in denying the Rule 35 motion and that the defendant's Rule 32 motion did not implicate the rule due to the lack of specific factual inaccuracies being raised.
• Ramseur v. Beyer
  921 F.2d 504· 3d Cir.· 1990-12-28 ·cited 2×
  The court held that the district court abused its discretion by denying the motion for an extension to file a notice of appeal, as the delay in filing constituted excusable neglect.
• In re Sch. Asbestos Litig. The Celotex Corp. v. The Honorable James McGirr Kelly
  921 F.2d 1338· 3d Cir.· 1990-12-13 ·cited 2×
  The court held that mandamus is not an appropriate remedy to review class certification decisions, as petitioners have alternative avenues for appeal.
• United States v. ORR Water Ditch Co.
  914 F.2d 1302· 9th Cir.· 1990-12-13 ·cited 2×
  The court held that parties seeking to change water diversion points or uses under the Orr Ditch decree must first exhaust administrative remedies with the Nevada State Engineer, even when challenging the Engineer's jurisdiction.
• Teamsters Local Union NO. 760 v. United Parcel Serv., Inc.
  921 F.2d 218· 9th Cir.· 1990-12-12 ·cited 2×
  The court held that the district court did not abuse its discretion in awarding sanctions under Fed.R.Civ.P. 11 because the union's claim to relitigate an arbitrator's decision in federal court was legally unreasonable.
• O'Loughlin v. DOE
  920 F.2d 614· 9th Cir.· 1990-12-12 ·cited 2×
  The court held that the district court did not abuse its discretion in denying in forma pauperis status but did err in imposing special conditions on future filings without adequate notice or findings.
• Laborers' Pension Fund v. Dirty Work Unlimited
  919 F.2d 491· 7th Cir.· 1990-12-07 ·cited 2×
  The court held that it lacked jurisdiction to hear the appeal of the turnover order because it was a final, immediately appealable decision that was not timely appealed, and affirmed the civil contempt order as a proper enforcement mechanism.
• In re Fitzsimmons v. Nolden
  920 F.2d 1468· 9th Cir.· 1990-12-07 ·cited 2×
  The court held that a party's bad faith conduct, characterized by protracted delay and misrepresentation in perfecting an appeal, constitutes egregious circumstances justifying dismissal even without explicit consideration of alternative sanctions or relative fault.
• United States v. Weeks
  919 F.2d 248· 5th Cir.· 1990-11-29 ·cited 2×
  The court held that the trial court did not abuse its discretion in requiring the defendant to be shackled, admitting testimony about his nickname, questioning a witness about identification, admitting a photograph, displaying a firearm, or in its handling of alleged government m
• Daniel Int'l Corp. v. Fischbach & Moore, Inc.
  916 F.2d 1061· 5th Cir.· 1990-11-14 ·cited 2×
  The court held that the district court abused its discretion by striking the jury demand, and that the contractually stipulated profit margin was a valid liquidation of damages, not a penalty.
• The City OF EL Paso v. The City OF Socorro
  917 F.2d 7· 5th Cir.· 1990-11-14 ·cited 2×
  The court held that the district court improperly applied Rule 11 standards by focusing on the correctness of the removal petition's legal basis rather than the reasonableness of the attorney's inquiry.
• Great Horizons Dev., Inc. v. Minkin
  572 So. 2d 926· Fla. 3d DCA· 1990-11-13 ·cited 2×
• Gonzalez v. Walgreens Co.
  918 F.2d 303· 1st Cir.· 1990-11-08 ·cited 2×
  The court held that the district court did not abuse its discretion in denying the motion to vacate the judgment, as the Rule 60(b)(3) claim was time-barred and the Rule 60(b)(6) claim lacked extraordinary circumstances.
• Bashlor v. Lisa Lené Bashlor
  571 So. 2d 45· Fla. 2d DCA· 1990-11-07 ·cited 2×
• Holmes v. State
  569 So. 2d 820· Fla. 1st DCA· 1990-10-31 ·cited 2×
  In this sentencing appeal, Holmes challenges a guideline departure imposed upon resentencing following a prior sentencing invalidation. The court affirms the departure, holding that while some departure reasons may now be invalid, the clearly valid reasons are sufficient to suppo
• United States v. Clark
  917 F.2d 177· 5th Cir.· 1990-10-31 ·cited 2×
  The court held that a notice of appeal, once filed, is a legally perfected appeal and cannot be unilaterally withdrawn by the appellant without following proper procedures, thus granting the petition for rehearing.
• Ga. Dep't OF Human Res. v. Nash
  915 F.2d 1482· 11th Cir.· 1990-10-30 ·cited 2×
  The dissent argues the majority erred in failing to recognize a cause of action for compensatory damages against the state agency for its failure to advocate for a blind vendor, and in misinterpreting the Secretary of Education's enforcement authority under the Randolph-Sheppard