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

• Wilton James Langston v. State
  789 So. 2d 1024· Fla. 1st DCA· 2001-04-20 ·cited 42×
  Wilton Langston was convicted of escape and resisting an officer with violence after a confrontation with a deputy sheriff during spring break. The First District Court of Appeal reversed the resisting conviction, holding that the trial court reversibly erred by refusing to instr
• United States v. Atterson
  926 F.2d 649· 7th Cir.· 1991-02-25 ·cited 42×
  The court affirmed convictions and sentences, finding sufficient evidence for drug quantity, conspiracy, and other charges, and upholding the district court's evidentiary and procedural rulings.
• United States v. Richard Rodney Robison (89-3724)
  904 F.2d 365· 6th Cir.· 1990-06-01 ·cited 42×
  The court affirmed Smoot's conviction but vacated the sentences of both defendants, remanding for resentencing.
• Lowry v. Bankers Life & Cas. Ret. Plan
  871 F.2d 522· 5th Cir.· 1989-04-28 ·cited 42×
  The court held that because the plan instruments grant the plan committee discretionary authority to interpret the plan and determine eligibility, an abuse of discretion standard of review applies, not de novo review.
• United States v. Milam
  855 F.2d 739· 11th Cir.· 1988-09-19 ·cited 42×
  The court held that the appellants' pursuit of a statute of limitations defense, despite clear statutory language and common law precedent to the contrary, constituted a frivolous argument warranting sanctions under Fed.R.Civ.P. 11.
• Sere v. Bd. OF Trs. OF the Univ. OF Ill.
  852 F.2d 285· 7th Cir.· 1988-07-15 ·cited 42×
  The court held that the appellant waived the issue of the Rule 37(b) dismissal by failing to raise it in his opening brief.
• Club W., Inc. v. Tropigas OF Fla., Inc.
  514 So. 2d 426· Fla. 3d DCA· 1987-11-03 ·cited 42×
  The trial court abused its discretion by denying a motion to excuse a prospective juror for cause due to uncertainty about her impartiality.
• United States v. Currier
  821 F.2d 52· 1st Cir.· 1987-06-22 ·cited 42×
  The court affirmed the conviction but remanded for resentencing, holding that evidence of prior drug dealings and statements about using a gun for a 'hit' were admissible, but references to selling valium were not, though this latter error was harmless. The court also held that p
• United States v. Wilfried van Cauwenberghe
  814 F.2d 1329· 9th Cir.· 1987-04-10 ·cited 42×
  The court held that the appellant was properly extradited based on the Swiss Federal Tribunal's decision and that the indictment, trial, and sentencing were not erroneous.
• Sanchez-Trujillo v. Immigr. & Naturalization Serv.
  801 F.2d 1571· 9th Cir.· 1986-10-15 ·cited 42×
  The court held that the petitioners' claims of persecution based on membership in a broad social group of young, working-class males were insufficient, and their individual claims did not establish a well-founded fear of persecution.
• In re Castlerock Props. v. Castlerock Props.
  781 F.2d 159· 9th Cir.· 1986-01-23 ·cited 42×
  The court held that under the 1984 Act, the bankruptcy court lacked jurisdiction to enter final judgment on state law contract counterclaims classified as 'related proceedings,' and that filing a proof of claim did not constitute consent to jurisdiction when objections were raise
• United States v. Ruffen
  780 F.2d 1493· 9th Cir.· 1986-01-22 ·cited 42×
  The court held that a governmental entity can be a 'victim' under the Victim and Witness Protection Act (VWPA) and that the sentencing court did not abuse its discretion by ordering restitution despite the defendant's indigency, as it considered the relevant financial factors.
• Lindquist v. Idaho State Bd. OF Corr.
  776 F.2d 851· 9th Cir.· 1985-11-15 ·cited 42×
  The court held that a constitutionally adequate law library, or adequate assistance from trained legal personnel, satisfies the inmates' right of meaningful access to the courts, and that the prison's current library and support system meet these minimum standards.
• Cardoza v. Commodity Futures Trading Comm'n & Bd. of Trade of the City of Chicago, Inc.
  768 F.2d 1542· 7th Cir.· 1985-07-23 ·cited 42×
  The court held that the notice of appeal, though defective, would be construed to appeal the entire judgment, and that CFTC decisions not to review exchange disciplinary actions are judicially reviewable under the arbitrary and capricious standard, but the CFTC's decision in this
• Duran v. Elrod
  760 F.2d 756· 7th Cir.· 1985-04-12 ·cited 42×
  The dissenting judge believes the appellants failed to demonstrate an abuse of discretion by the district court.
• Baker B. Hardin, Jr. v. White Mountain Apache Tribe
  761 F.2d 1285· 9th Cir.· 1985-02-26 ·cited 42×
  The court held that the White Mountain Apache Tribe acted within its civil jurisdiction in excluding a non-member who had been convicted of a federal crime, and that the district court did not abuse its discretion in awarding attorneys' fees to the Tribe.
• United States v. Santano Coronel-Quintana
  752 F.2d 1284· 8th Cir.· 1985-01-16 ·cited 42×·via Abuse Of Discretion Standard For Continuance
  The court held that the district court did not abuse its discretion in denying motions for continuance, severance, and suppression, and that the evidence was sufficient to support the convictions.
• Wolfson v. Wolfson
  455 So. 2d 577· Fla. 4th DCA· 1984-08-29 ·cited 42×
  The court held that personal jurisdiction was properly obtained by service on the husband while physically present in Florida, and that the trial court did not abuse its discretion in awarding temporary alimony and child support.
• Goldie's Bookstore, Inc. v. The Superior Court OF the State OF Cal.
  739 F.2d 466· 9th Cir.· 1984-08-03 ·cited 42×
  The court should have abstained from hearing the case due to important state interests implicated in the unlawful detainer proceedings.
• United States v. Oxford
  735 F.2d 276· 7th Cir.· 1984-05-31 ·cited 42×
  The court affirmed Wolf's sentence, holding that the judge did not abuse discretion by considering witness testimony and individualizing the sentence despite personal views on rehabilitation. The court also affirmed Oxford's conviction, finding no abuse of discretion in denying h
• Hopkins v. Merit Sys. Prot. Bd.
  725 F.2d 1368· Fed. Cir.· 1984-01-23 ·cited 42×
  The court affirmed the MSPB's dismissal of the attorney fee request as untimely and held that the MSPB is the proper respondent in this case.
• Vertex Distrib., Inc. v. Falcon Foam Plastics, Inc.
  689 F.2d 885· 9th Cir.· 1982-10-07 ·cited 42×
  The court held that the district court did not abuse its discretion in denying the applications for civil contempt, as the defendants' actions were based on reasonable interpretations of the ambiguous consent judgment, and the court correctly interpreted the judgment.
• Commonwealth Life Ins. Co. v. Neal
  669 F.2d 300· 5th Cir.· 1982-03-05 ·cited 42×
  A non-solicitation agreement is considered a contract not to engage in a competing business and is therefore unenforceable under Louisiana law unless the employer demonstrates substantial expenditures for employee training or advertising.
• United States v. Lerma
  657 F.2d 786· 5th Cir.· 1981-09-30 ·cited 42×
  The court held that the trial court did not err in its evidentiary rulings, that sufficient evidence supported the conviction, and that the indictment was not fundamentally defective.
• TCP Indus., Inc. v. Uniroyal, Inc.
  661 F.2d 542· 6th Cir.· 1981-09-29 ·cited 42×
  The court held that the jury's findings regarding contract modification and the reasonableness of prices under the 1974 contract were supported by sufficient evidence, and that certain procedural errors did not warrant reversal.
• Mejia-Carrillo v. United States Immigr. & Naturalization Serv.
  656 F.2d 520· 9th Cir.· 1981-09-17 ·cited 42×
  The court held that the Board of Immigration Appeals abused its discretion by failing to fully consider all facts bearing on extreme hardship when denying the alien's application for suspension of deportation.
• Garrick v. City & Cnty. OF Denver
  652 F.2d 969· 10th Cir.· 1981-06-29 ·cited 42×
  The court held that the jury's punitive damage award was not excessive and did not shock the judicial conscience, affirming the trial court's denial of a new trial or remittitur.
• Phillips v. Ins. Co. OF N. Am.
  633 F.2d 1165· 5th Cir.· 1981-01-08 ·cited 42×
  The court held that the district court did not abuse its discretion in dismissing the complaint for willful recalcitrance in discovery and in denying a Rule 60 motion for relief.
• In re the Est. of Butler's Tire & Battery Co., Inc. v. Ferrous Fin. Servs.
  592 F.2d 1028· 9th Cir.· 1979-01-18 ·cited 42×
  The court held that the district court lacked jurisdiction because the bankruptcy court abused its discretion in granting an extension for filing the notice of appeal, as the request for extension was not timely and did not demonstrate excusable neglect.
• John B. Hull, Inc. v. Waterbury Petroleum Prods., Inc.
  588 F.2d 24· 2d Cir.· 1978-11-30 ·cited 42×
  The court held that while a preliminary injunction was warranted, the scope of the injunction issued by the district court was too broad and required modification to address only the specific conduct complained of and allow for statutory defenses.
• Isadore Hodges, Jr. v. Rose
  570 F.2d 643· 6th Cir.· 1978-02-14 ·cited 42×
  The admission of one defendant's redacted confession, which still implicitly implicated the codefendant, violated the Bruton rule, but the error was harmless beyond a reasonable doubt due to overwhelming independent evidence of guilt.
• United States v. Barney Grabiec
  563 F.2d 313· 7th Cir.· 1977-09-02 ·cited 42×·via Abuse Of Discretion Standard For Severance
  The dissenting judge believes the trial court erred in admitting evidence of four separate criminal acts by one conspirator.
• United States v. Brown
  547 F.2d 1264· 5th Cir.· 1977-03-04 ·cited 42×·via Abuse Of Discretion Standard For Evidentiary Rulings
  The court held that the evidence admitted was relevant, the jury charge was not plain error, and there was sufficient evidence to support the conviction for aiding and abetting.
• United States v. Sweet
  548 F.2d 198· 7th Cir.· 1977-01-17 ·cited 42×
  The court held that 18 U.S.C. § 844(i) is a constitutional exercise of Congress's Commerce Clause power as applied to intrastate activities that affect interstate commerce. The court also found no reversible error in the jury instructions, the handling of witness statements, or t
• United States v. Lambros
  544 F.2d 962· 8th Cir.· 1976-11-16 ·cited 42×
  The court held that the trial court did not abuse its discretion in denying the defendant's motion to withdraw his guilty pleas, as the possibility of enhanced punishment for future offenses is a collateral consequence not requiring explicit advisement under Rule 11.
• United States v. Callie Blaine Eisner
  533 F.2d 987· 6th Cir.· 1976-04-14 ·cited 42×
  The court held that the use of an interstate banking system to process checks for an illegal prostitution business, even if incidental, satisfies the jurisdictional requirements of the Travel Act, and that excluding spectators due to a witness's fear of testifying, when properly
• United States v. Allstate Mortg. Corp.
  507 F.2d 492· 7th Cir.· 1974-12-10 ·cited 42×
  The court held that the evidence was sufficient to support the convictions, the district court properly denied a petition for use immunity for a defense witness, and the denial of a severance motion was not an abuse of discretion.
• United States v. Gower
  447 F.2d 187· 5th Cir.· 1971-06-01 ·cited 42×·via Abuse Of Discretion Standard For Continuance
  The court held that the defendant's various contentions regarding the grand jury process, continuance denial, pre-trial motions, juror qualification, judicial conduct, sufficiency of evidence, and variance between indictment and proof were without merit.
• Indus. Bank OF Wash. v. Tobriner
  405 F.2d 1321· D.C. Cir.· 1968-02-15 ·cited 42×
  The court dismissed the appeal from the denial of a preliminary injunction, finding no need for interlocutory relief, and remanded the case for further proceedings.
• Santos v. Immigr. & Naturalization Serv.
  375 F.2d 262· 9th Cir.· 1967-02-28 ·cited 42×
  The court held that the Board of Immigration Appeals did not abuse its discretion in denying discretionary relief under section 245, as sufficient grounds existed for the denial independent of any alleged departure from established policy.
• United States v. Gardner
  347 F.2d 405· 7th Cir.· 1965-05-28 ·cited 42×
  The court held that the district court did not abuse its discretion in denying severance and properly admitted the defendant's statement. However, the sentence for Count I must be vacated as it constitutes a single offense with Count II.
• Meaton v. United States
  328 F.2d 379· 5th Cir.· 1964-03-03 ·cited 42×
  The court held that the district court did not abuse its discretion in denying the appellant's motion to withdraw his guilty plea before sentencing.
• United States v. Carmine Galante and Anthony Mirra
  298 F.2d 72· 2d Cir.· 1962-01-08 ·cited 42×
  The court held that a judge must offer a defendant an opportunity to speak in explanation or extenuation before sentencing for contempt, even if not requested.
• United States v. Johnson
  285 F.2d 35· 9th Cir.· 1960-12-01 ·cited 42×·via Abuse Of Discretion Standard For Trial Court Rulings
  The court held that the government's assignments of error were without merit, and the jury's award of just compensation was supported by competent evidence.
• White v. United States
  279 F.2d 740· 4th Cir.· 1960-06-18 ·cited 42×
  The court held that the evidence was sufficient to sustain the conviction and that the trial court did not err in its rulings regarding evidence admission, jury instructions, or denial of motions.
• Dent v. Margaret Ann Super Mkts.
  52 So. 2d 130· Fla.· 1951-04-20 ·cited 42×
  The Florida Supreme Court affirmed an order granting a new trial in a false imprisonment and malicious prosecution case, holding that the trial court did not abuse its discretion.
• Nat'l Tr. Ins. Co. v. S. Heating & Cooling Inc.
  12 F.4th 1278· 11th Cir.· 2021-09-03 ·cited 41×
  The Eleventh Circuit held that the existence of parallel proceedings is not a prerequisite for a district court to decline jurisdiction over a declaratory judgment action, and affirmed the district court's discretionary dismissal.
• Alwin C. Tumblin v. State
  29 So. 3d 1093· Fla.· 2010-02-25 ·cited 41×
  Alwin Tumblin was convicted of first-degree murder and armed robbery and sentenced to death based primarily on the testimony of accomplice Anthony Mayes. The Florida Supreme Court reversed and remanded for a new trial because a police officer improperly vouched for Mayes' credibi
• Koile v. State
  902 So. 2d 822· Fla. 5th DCA· 2005-01-07 ·cited 41×
  Timothy Koile appealed a restitution order totaling over $2 million imposed after he pled no contest to second degree murder. The Fifth District Court of Appeal reversed the award of lost wages for the victim's parents attending trial but affirmed the award of the victim's lost f
• Frenz Enters., Inc. v. Port Everglades
  746 So. 2d 498· Fla. 4th DCA· 1999-11-24 ·cited 41×
  Frenz Enterprises appeals a judgment awarding it $32,662.86 for dredging work at Port Everglades, contending the trial court erred in granting directed verdicts on multiple counts and denying recovery for additional work, lost profits, and other damages. The court affirms, findin