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

• United States v. Giese
  597 F.2d 1170· 9th Cir.· 1979-05-02 ·cited 179×
  The court held that the introduction and use of a book as evidence during trial was not plain error, even if potentially cumulative, as it was relevant to conspiratorial association and the defendant's own testimony opened the door for cross-examination on the matter.
• Castlewood Int'l Corp. v. LaFLEUR
  322 So. 2d 520· Fla.· 1975-10-29 ·cited 179×
  A trial court's discretion to grant a new trial is of such firmness that it will not be disturbed except on clear showing of abuse, and an appellate court may not overturn such an order based on mere disagreement, particularly when the trial judge himself identified the prejudici
• United States v. Lewis
  759 F.2d 1316· 8th Cir.· 1985-03-22 ·cited 178×·via Abuse Of Discretion Standard For Evidence Admission
  The court held that the district court erred by failing to follow Rule 65 procedural safeguards when issuing a temporary restraining order freezing assets, which implicated the defendant's Sixth Amendment right to counsel. However, the defendant could not raise this issue on appe
• Hollie Cotton and Young Herrod v. Ravon Hinton and Chauncey L. Gardner
  559 F.2d 1326· 5th Cir.· 1977-09-30 ·cited 178×
  The court held that the district judge did not abuse his discretion in approving the settlement, finding it to be fair, adequate, and reasonable, and that the objectors' contentions lacked merit.
• United States v. Robinson
  560 F.2d 507· 2d Cir.· 1977-07-28 ·cited 176×
• Jean v. Nelson
  727 F.2d 957· 11th Cir.· 1984-02-28 ·cited 175×
  The court held that the district court's review of the Attorney General's parole policy should be narrowly confined to whether the Attorney General adopts or approves the actions of his subordinates.
• Quiet Tech. DC-8, Inc. v. Hurel-Dubois UK Ltd.
  326 F.3d 1333· 11th Cir.· 2003-04-11 ·cited 174×
  Quiet Technology DC-8, Inc. sued Hurel-Dubois UK Ltd. for breach of contract, fraud, and negligent misrepresentation arising from a defective thrust reverser design for a hush kit intended to reduce noise from DC-8 aircraft engines. The core dispute concerned whether performance
• United States v. McPARTLIN
  595 F.2d 1321· 7th Cir.· 1979-03-26 ·cited 172×
  The court held that the admission of certain testimony and grand jury statements was proper, and that the evidence against defendant Bull was sufficient to sustain his conviction.
• Buchanan v. Bowman
  820 F.2d 359· 11th Cir.· 1987-06-24 ·cited 171×
  The court affirmed the district court's imposition of sanctions, striking the appellant's answer and entering a default judgment, and upheld the damages award.
• Davis v. State
  461 So. 2d 67· Fla.· 1984-10-04 ·cited 169×
  Allen Davis appeals his convictions for three counts of first-degree murder and three death sentences in a case involving the shooting and beating deaths of a woman and her two young daughters. The Florida Supreme Court affirms the convictions and sentences after reviewing Davis'
• Esig Perlow v. Berg-Perlow
  875 So. 2d 383· Fla.· 2004-03-25 ·cited 168×
  The Florida Supreme Court held that trial judges in marital dissolution cases may request proposed final judgments from parties, but must give all parties an opportunity to review and object to any proposed judgment before entering it. The Court quashed the Fourth District's affi
• Jones v. State
  790 So. 2d 1194· Fla. 1st DCA· 2001-08-03 ·cited 168×
  The court held that the denial of a motion for a judgment of acquittal is reviewed de novo, and the evidence presented was sufficient to support a conviction for burglary.
• Brim v. State
  695 So. 2d 268· Fla.· 1997-01-16 ·cited 168×
  Robert Brim challenges the admissibility of DNA population frequency statistics used to convict him of sexual battery and burglary. The Florida Supreme Court holds that both steps of DNA analysis—the biological matching process and the statistical calculation of population freque
• Hudson v. State
  992 So. 2d 96· Fla.· 2008-07-03 ·cited 166×
  Russell Hudson was convicted of first-degree murder of Lance Peller and armed kidnapping of Jennifer Fizzuoglio, and sentenced to death. The Florida Supreme Court affirmed the convictions and death sentence after reviewing Hudson's eleven appellate claims challenging various evid
• Simmons v. State
  934 So. 2d 1100· Fla.· 2006-05-11 ·cited 166×
  Eric Simmons was convicted of kidnapping, sexual battery using force likely to cause serious injury, and first-degree murder in the death of Deborah Tressler. The Florida Supreme Court affirmed all convictions and the death sentence, finding sufficient evidence of guilt and prope
• United States v. Phyliss Briscoe
  896 F.2d 1476· 7th Cir.· 1990-02-26 ·cited 164×·via Abuse Of Discretion Standard For Evidentiary Rulings
  The admission of a co-defendant's statement, even if it implicates the defendant, does not violate the Confrontation Clause if the violation is harmless error.
• United States v. Russell
  703 F.2d 1243· 11th Cir.· 1983-04-25 ·cited 164×
  The court held that the joinder of defendants was permissible, the trial court did not abuse its discretion in denying severance, the evidence was sufficient to support the convictions, and the trial court properly admitted co-conspirator statements.
• Boca Burger, Inc. v. Forum
  912 So. 2d 561· Fla.· 2005-07-07 ·cited 162×
  The Florida Supreme Court resolved a conflict between district courts regarding whether trial courts have discretion to deny a plaintiff's first amendment to a complaint before a responsive pleading is served. The Court held that plaintiffs have an absolute right to amend once as
• Fla. Real Est. Comm'n & Casimir Szpak v. Webb
  367 So. 2d 201· Fla.· 1978-12-21 ·cited 162×
  The Florida Supreme Court held that appellate courts lack authority to review and modify penalties imposed by administrative agencies when those penalties fall within the statutory range, absent a reversal of the agency's underlying findings. The court quashed the Third District
• Salim Aoude v. Mobil OIL Corp.
  892 F.2d 1115· 1st Cir.· 1989-12-29 ·cited 160×
  A district court has the inherent power to dismiss a case for fraud on the court, and such dismissal is reviewed for abuse of discretion.
• Woosley v. United States
  478 F.2d 139· 8th Cir.· 1973-04-24 ·cited 160×
  The court held that while appellate courts generally defer to sentencing within statutory limits, this case presented an exception justifying intervention.
• Merck v. State
  975 So. 2d 1054· Fla.· 2007-12-06 ·cited 159×
  Troy Merck, Jr. appeals his death sentence imposed after a second remand for resentencing in a 1991 stabbing murder. The Florida Supreme Court affirmed the death sentence, finding no reversible error despite identifying some improper prosecutorial arguments that did not rise to t
• Davis v. State
  698 So. 2d 1182· Fla.· 1997-06-05 ·cited 159×
  Eddie Wayne Davis was convicted of murdering eleven-year-old Kimberly Waters and sentenced to death. The Florida Supreme Court affirmed the conviction and death sentence, rejecting Davis's challenges to the admissibility of his confessions, jury instructions, prosecutorial argume
• State v. del Gaudio
  445 So. 2d 605· Fla. 3d DCA· 1984-01-31 ·cited 155×
  The Florida appellate court reversed the trial court's dismissal of criminal charges against two defendants based on the State's late discovery disclosure. The court held that dismissal is an impermissible sanction for discovery violations when the defendants ultimately receive t
• United States v. Kennedy
  564 F.2d 1329· 9th Cir.· 1977-11-28 ·cited 155×
  The court held that joinder of defendants was proper, denial of severance was not an abuse of discretion, and the trial court did not err in refusing to dismiss the indictment for failure to present exculpatory evidence to the grand jury or in rejecting a requested jury instructi
• State OF W. Va. v. Chas. Pfizer & Co., Inc.
  440 F.2d 1079· 2d Cir.· 1971-03-29 ·cited 155×
  The court held that the district court did not abuse its discretion in approving the settlement, particularly regarding the use of the 'passing-on' doctrine for damage distribution and the maintenance of a class action for consumer claims.
• Menendez v. State
  368 So. 2d 1278· Fla.· 1979-01-25 ·cited 150×
  Antonio Menendez was convicted of robbery and murder during a jewelry store heist that resulted in the death of the store owner. On direct appeal of his death sentence, the Florida Supreme Court affirmed his convictions and life sentence for robbery, but vacated his death sentenc
• Dussouy v. Gulf Coast Inv. Corp.
  660 F.2d 594· 5th Cir.· 1981-11-05 ·cited 149×
  The court held that the trial court abused its discretion in denying the plaintiff a third opportunity to amend his complaint and that the complaint stated a claim for tortious interference with business and conspiracy in restraint of trade under Louisiana law.
• Burton H. Hummell v. S. E. Rykoff & Co.
  634 F.2d 446· 9th Cir.· 1980-12-22 ·cited 149×
  ERISA does not prohibit forfeiture of benefits that exceed the minimum vesting requirements, but a plan must align its forfeiture provisions with the specific statutory vesting schedule it adopts.
• United States v. Uptain
  531 F.2d 1281· 5th Cir.· 1976-05-20 ·cited 149×
  The court held that the trial court did not abuse its discretion in denying the defendant's motions for a continuance, nor did it err in its intervention during the trial.
• Glenna Somero and Robert Somero v. Hendry Gen. Hosp.
  467 So. 2d 1103· Fla. 4th DCA· 1985-05-01 ·cited 148×·via Gross Abuse Of Discretion
  The appellate court reviewed an order dismissing a case for failure to timely substitute a deceased defendant's personal representative and an order denying a motion to set aside that dismissal.
• Allstate Ins. Co. v. Myrda Manasse
  707 So. 2d 1110· Fla.· 1998-01-15 ·cited 147×·via Reasonableness Test For Abuse Of Discretion
  A jury verdict finding a permanent injury and awarding future medical expenses while awarding zero future noneconomic damages is not inadequate as a matter of law, and a trial court does not abuse its discretion by denying a motion for new trial based on such an allegedly inconsi
• COX v. State
  819 So. 2d 705· Fla.· 2002-05-23 ·cited 146×
  Allen Ward Cox was convicted of first-degree murder and sentenced to death for stabbing inmate Thomas Baker to death in a prison facility after accusing Baker of stealing $500 from his footlocker. The Florida Supreme Court affirmed Cox's conviction and death sentence, rejecting t
• Frances v. State
  970 So. 2d 806· Fla.· 2007-10-11 ·cited 137×
  David Sylvester Frances appeals his convictions for two first-degree murders and resulting death sentences. The Florida Supreme Court affirmed both the convictions and death sentences, rejecting Frances's challenges to the trial court's evidentiary rulings, its application of agg
• R.R. Dynamics, Inc. v. A. Stucki Co.
  727 F.2d 1506· Fed. Cir.· 1984-01-25 ·cited 137×
  The court affirmed the jury's finding on obviousness, stating that reversing on a purely factual issue is unwarranted, especially when jury instructions were not erroneous.
• State v. Vazquez
  419 So. 2d 1088· Fla.· 1982-09-14 ·cited 137×
  The Florida Supreme Court reviewed a district court's decision to reverse convictions for second-degree murder and firearm offenses, finding that while severance of the firearm possession count was mandated due to prejudice from admitting a prior felony conviction, the district c
• Foster v. State
  614 So. 2d 455· Fla.· 1992-10-22 ·cited 136×
  Charles Kenneth Foster appeals his death sentence imposed after resentencing. The Florida Supreme Court affirmed the denial of his postconviction motion for procedural and substantive reasons, but vacated and remanded his death sentence because the trial court's resentencing orde
• United States v. West
  670 F.2d 675· 7th Cir.· 1982-01-29 ·cited 136×
  The court held that the district court did not abuse its discretion in denying severance motions, dismissing the indictment, or in most evidentiary rulings, and that any errors were harmless.
• Wong Wing Hang v. Immigr. & Naturalization Serv.
  360 F.2d 715· 2d Cir.· 1966-03-28 ·cited 136×
  The court held that the denial of discretionary relief for suspension of deportation was not an abuse of discretion, even if the alien met statutory eligibility requirements.
• Nardone v. State
  798 So. 2d 870· Fla. 4th DCA· 2001-11-07 ·cited 134×
  Anthony Nardone appealed his conviction for aggravated assault with a deadly weapon, challenging the admission of a police officer's opinion testimony about whether an aluminum strip was a deadly weapon and the prosecutor's inflammatory closing argument demonstration. The Fourth
• United States v. DeSIMONE
  660 F.2d 532· 5th Cir.· 1981-11-02 ·cited 133×·via Abuse Of Discretion Standard For Severance
  The court held that the evidence was insufficient to support DeSimone's conviction for conspiracy and importation, requiring reversal. However, the evidence was sufficient to support Waldon's conviction for conspiracy and importation.
• Iver J. Freeman v. Package Mach. Co.
  865 F.2d 1331· 1st Cir.· 1988-11-22 ·cited 132×
  The court held that the defendant waived its challenge to the admissibility of statistical evidence by failing to make a contemporaneous objection at trial, and that the trial court did not abuse its discretion in admitting the evidence.
• Walter v. Walter
  464 So. 2d 538· Fla.· 1985-02-14 ·cited 132×·via Abuse Of Discretion (Appellate Review)
  The Florida Supreme Court rejected a Fifth District Court of Appeal decision that restricted trial courts' discretionary authority to award permanent alimony by requiring it only as a last resort. The Court held that trial courts must retain flexible discretion to award permanent
• B. C. Builders Supply Co., Inc. v. Maldonado
  405 So. 2d 1345· Fla. 3d DCA· 1981-11-03 ·cited 132×
  B.C. Builders Supply Co. appeals a trial court's denial of its motion to vacate a default judgment. The court reverses, holding that the trial court grossly abused its discretion by failing to set aside the default where the defendant demonstrated excusable neglect and diligence
• Rodgers v. State
  948 So. 2d 655· Fla.· 2006-10-26 ·cited 131×
  Theodore Rodgers was convicted of first-degree murder for shooting his wife Teresa Henderson and sentenced to death. The Florida Supreme Court affirmed the conviction and sentence, rejecting challenges to jury selection, hearsay evidence, mental retardation findings, and the cons
• Barnhill v. State
  834 So. 2d 836· Fla.· 2002-10-10 ·cited 131×
  Arthur Barnhill III was convicted of first-degree murder and sentenced to death for the 1995 killing of 84-year-old Earl Gallipeau during a robbery. The Florida Supreme Court affirmed both the conviction and death sentence, rejecting challenges to jury selection, voir dire proced
• Keen v. State
  775 So. 2d 263· Fla.· 2000-09-28 ·cited 131×
  Michael Scott Keen was convicted of first-degree murder in the death of his wife Anita Lopez Keen and sentenced to death after the trial judge overrode the jury's 7-5 recommendation for life imprisonment. The Florida Supreme Court reversed the conviction and vacated the death sen
• McWATTERS v. State
  36 So. 3d 613· Fla.· 2010-03-18 ·cited 129×
  Eugene McWatters was convicted of three counts of first-degree murder and three counts of sexual battery arising from the 2004 strangulation murders of three women. He received death sentences for each murder. The Florida Supreme Court affirmed all convictions and sentences, find
• Stephen C.S. HU v. Crockett
  426 So. 2d 1275· Fla. 1st DCA· 1983-02-16 ·cited 129×
  In this interlocutory appeal, the plaintiff challenges a trial court's decision to change venue from Escambia County to Walton County in a wrongful death action arising from a vehicular collision. The appellate court affirms the venue change, holding that substantial competent ev
• In re First Colonial Corp. OF Am. v. Franz J. Baddock
  544 F.2d 1291· 5th Cir.· 1977-01-10 ·cited 129×·via Abuse Of Discretion Standard For Fee Awards
  The court held that the bankruptcy judge and district court abused their discretion by failing to apply proper standards and procedures in awarding attorneys' fees, and that American Benefit had standing to appeal.