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

• Canady v. Sullivan
  893 F.2d 1241· 11th Cir.· 1990-02-06 ·cited 2×
  The court held that the district court did not abuse its discretion in awarding attorney fees under the EAJA because the government's position was not substantially justified.
• In re Champion
  895 F.2d 490· 8th Cir.· 1990-02-06 ·cited 2×
  The court held that it lacked appellate jurisdiction over the denial of a temporary restraining order and the dismissal of a bankruptcy appeal, but summarily affirmed the denial of a motion to vacate that dismissal.
• Blanchard v. Bergeron
  893 F.2d 87· 5th Cir.· 1990-01-31 ·cited 2×
  The court held that the district court failed to provide a clear explanation for its attorney fee award, necessitating a remand for further clarification on the allocation of hours, treatment of paralegal/law clerk time, and compensation for delay.
• Barham v. Powell
  895 F.2d 19· 1st Cir.· 1990-01-31 ·cited 2×
  The court held that the trial court did not abuse its discretion in denying the defendant's request for a continuance, and therefore, the defendant was not denied his Sixth Amendment right to self-representation.
• Richards v. United Mine Workers OF Am. Health & Ret. Fund
  895 F.2d 133· 4th Cir.· 1990-01-30 ·cited 2×
  The dissenting judge argues that the majority improperly engaged in fact-finding, reweighing evidence that the Trustees had already considered and resolved. The dissent believes the Trustees' decision was supported by substantial evidence and should have been upheld.
• United States v. Long
  894 F.2d 101· 5th Cir.· 1990-01-29 ·cited 2×·via Abuse Of Discretion Standard For Severance
  The court held that the trial court did not abuse its discretion in denying the defendants' motions for severance and that any error in amending the indictment was harmless.
• Computer Assocs. Int'l v. Altai
  893 F.2d 26· 2d Cir.· 1990-01-03 ·cited 2×
  The court held that the district court did not abuse its discretion in refusing to enjoin the prosecution of a later-filed action, as the claims in the later action were not compulsory counterclaims to the first-filed action.
• Herskowitz v. Herskowitz
  554 So. 2d 663· Fla. 3d DCA· 1990-01-02 ·cited 2×
  The court affirmed the denial of a continuance but reversed the order denying objections to the accounting.
• Nat'l Hand Tool Corp. v. K.L. Pasquarell
  889 F.2d 1472· 5th Cir.· 1989-12-15 ·cited 2×
  The court held that the INS did not abuse its discretion in applying a new definition of "managerial capacity" to deny a permanent resident visa, as the applicant failed to demonstrate the employee primarily performed managerial duties.
• NEW England Anti-Vivisection Soc'y, Inc. v. United States Surgical Corp., Inc.
  889 F.2d 1198· 1st Cir.· 1989-11-27 ·cited 2×
  The court held that the district court properly consolidated the preliminary injunction hearing with the trial on the merits and applied the correct legal standard under the federal securities laws to determine the sufficiency of the company's proxy materials.
• The Twin City Hosp. Corp. v. Nat'l Labor Relations Bd.
  889 F.2d 1557· 6th Cir.· 1989-11-22 ·cited 2×
  The court held that registered nurses (RNs) are professional employees, but medical technologists (MTs) and medical laboratory technologists (MLTs) are not, based on the evidence presented.
• Stevedoring Servs. OF Am. v. Armilla Int'l B.V.
  889 F.2d 919· 9th Cir.· 1989-11-21 ·cited 2×
  The court held that a district court does not automatically abuse its discretion by refusing to require a plaintiff to pay a defendant's costs and attorney fees as a condition for voluntary dismissal without prejudice under Fed.R.Civ.P. 41(a)(2).
• Tino Fiumara v. O'Brien
  889 F.2d 254· 10th Cir.· 1989-11-06 ·cited 2×
  The Parole Commission did not abuse its discretion in using unconvicted murders to increase the appellant's offense severity rating, as there was sufficient evidence to establish a nexus between the murders and his racketeering and extortion offenses.
• United States v. Rolf Anton
  888 F.2d 53· 7th Cir.· 1989-10-26 ·cited 2×·via Abuse Of Discretion Standard For Evidentiary Rulings
  The court held that the trial court did not abuse its discretion by excluding evidence of the Immigration Reform and Control Act's amnesty provisions, as it could not demonstrate the defendant's state of mind or objectively reasonable belief of lawful reentry.
• David v. MacNaughton and Virginia R. MacNaughton
  888 F.2d 418· 6th Cir.· 1989-10-23 ·cited 2×
  The court held that the stock was transferable and not subject to a substantial risk of forfeiture prior to 1981, and that the government's argument regarding a missing stock restrictive agreement was improper but harmless error.
• Howell v. The Supreme Court OF Tex.
  885 F.2d 308· 5th Cir.· 1989-10-11 ·cited 2×
  The Fifth Circuit affirmed the district court's dismissal for lack of jurisdiction under the Rooker-Feldman doctrine and upheld the imposition of Rule 11 sanctions.
• Dozier v. Otis R. Bowen, M.D.
  891 F.2d 769· 10th Cir.· 1989-10-02 ·cited 2×
  The denial of a request to reopen a Social Security benefits case and extend the time for judicial review is not subject to judicial review.
• Stell v. Savannah-Chatham Cnty. Bd. OF Educ.
  888 F.2d 82· 11th Cir.· 1989-09-29 ·cited 2×
  The court affirmed the district court's approval of a desegregation plan relying on magnet programs and voluntary transfers, finding it a reasonable remedy for past discrimination.
• Griffin v. AIR Prods. & Chems., Inc.
  883 F.2d 940· 11th Cir.· 1989-09-15 ·cited 2×
  The court held that the district court did not abuse its discretion in denying summary judgment, finding that the worksharing agreement between the EEOC and FCHR created a "constructive termination" of state proceedings, making the plaintiff's EEOC claim timely.
• United States v. Berman
  884 F.2d 916· 6th Cir.· 1989-09-07 ·cited 2×
  The court held that a statute of limitations defense raised for the first time on remand was properly refused, and that the conveyances were fraudulent. It also affirmed that notice and demand are not prerequisites for reducing tax assessments to judgment.
• Victorino Villamarin Blancada v. Turnage
  883 F.2d 836· 9th Cir.· 1989-08-30 ·cited 2×
  The court held that immigration officials abused their discretion by denying a stay of deportation when the alien raised a non-frivolous legal challenge to a statute that had not been decided by the circuit or Supreme Court.
• United States v. Muniz
  882 F.2d 242· 7th Cir.· 1989-08-14 ·cited 2×
  The court held that the district court did not abuse its discretion in refusing to allow the defendant to withdraw his guilty plea.
• Guam Sasaki Corp. v. Diana's Inc.
  881 F.2d 713· 9th Cir.· 1989-08-02 ·cited 2×
  The Appellate Division did not abuse its discretion in dismissing both of Diana's appeals for failure to comply with local appellate rules and court orders.
• The People OF THE Territory OF Guam v. Reyes
  879 F.2d 646· 9th Cir.· 1989-07-10 ·cited 2×
  The court affirmed the Appellate Division's decision, holding that the trial court did not abuse its discretion in admitting the pathologist's testimony regarding the cause of a bruise and the victim's position at the time of the shooting.
• United States v. Blackwood
  878 F.2d 1200· 9th Cir.· 1989-07-05 ·cited 2×
  The court held that the district court did not abuse its discretion in admitting tax returns and W-2 forms because the government made a sufficient prima facie showing of authenticity under FRE 901(a).
• United States v. Barker
  876 F.2d 475· 5th Cir.· 1989-07-03 ·cited 2×
  The court held that a district court's failure to rule promptly on a motion to revoke a magistrate's detention order does not automatically require the defendant's release, especially when the defendant poses a danger to the community.
• Iandoli v. Iandoli
  547 So. 2d 664· Fla. 4th DCA· 1989-06-21 ·cited 2×
  In this Florida probate appeal, the court addressed how estate taxes should be apportioned among residuary beneficiaries when a will contains no explicit tax-payment provision. The Fourth District Court of Appeal held that absent legislative guidance, the personal representative
• Hatfield v. Hayes
  877 F.2d 717· 8th Cir.· 1989-06-19 ·cited 2×
  The court held that the Hatfields were prevailing parties entitled to attorney's fees under 42 U.S.C. § 1988 for successfully defending against a motion for relief from judgment, and that the district court erred in denying those fees.
• Avellone v. Abdul R. Mehta and Eileen Mehta
  544 So. 2d 1122· Fla. 3d DCA· 1989-06-13 ·cited 2×
  In a failed real estate transaction, the seller appeals a judgment ordering return of the buyers' deposit with interest and awarding them attorney's fees and costs. The buyers cross-appeal, seeking damages for lost tax benefits and additional attorney's fees. The court affirms th
• United States v. Wood
  877 F.2d 453· 6th Cir.· 1989-06-07 ·cited 2×·via Abuse Of Discretion Standard On Appeal
  The court held that the Government was a third-party creditor beneficiary to the property settlement agreement and could enforce Ms. Wood's promise to pay her husband's tax liability. The court also reversed in part, ordering a credit against the judgment for funds held by a rece
• Seva Resorts, Inc. v. Hodel
  876 F.2d 1394· 9th Cir.· 1989-06-02 ·cited 2×
  The Secretary of the Interior did not abuse his discretion in refusing to sign concession contracts, as he had the authority to terminate negotiations prior to execution if it was in the best interest of the government.
• Marquardt v. Starcraft Marine
  876 F.2d 61· 8th Cir.· 1989-05-31 ·cited 2×
  The court held that the district court did not abuse its discretion in denying a motion for a new trial based on an allegedly inadequate jury verdict.
• Gov't of the Virgin Islands v. Hercules
  875 F.2d 414· 3d Cir.· 1989-05-31 ·cited 2×
  The court held that the trial court abused its discretion by refusing to poll the jury and instead relying solely on signed verdict forms, which is a violation of Rule 31(d) requiring reversal.
• Kally C. Miller v. Griffin-Alexander Drilling Co.
  873 F.2d 809· 5th Cir.· 1989-05-25 ·cited 2×
  The court held that the alleged medical malpractice claim against land-based doctors by a maritime worker did not fall within admiralty jurisdiction because it lacked a significant relationship to traditional maritime activity.
• United States v. S. Inv. Co.
  876 F.2d 606· 8th Cir.· 1989-05-25 ·cited 2×
  The court held that the district court's findings regarding the Ordinary High Water Line (OHWL) and wetland status were not clearly erroneous, and that Southern Investment violated the Rivers and Harbors Act, Refuse Act, and Clean Water Act. The court affirmed most of the distric
• Arce v. State
  543 So. 2d 389· Fla. 3d DCA· 1989-05-16 ·cited 2×
  Arce pleaded guilty to cocaine trafficking under an agreement that included a polygraph examination, with the promise of sentence reduction if he passed. After failing the polygraph, he sought to withdraw his plea, claiming he was incapable of passing such tests. The court affirm
• United States v. Hedgcorth
  873 F.2d 1307· 9th Cir.· 1989-05-05 ·cited 2×·via Abuse Of Discretion Standard For Evidentiary Rulings
  The court held that the napalm firebombs constructed by the defendants qualified as 'destructive devices' under federal law, and that the trial court's evidentiary rulings did not deprive the defendants of a fair trial.
• AETNA Cas. & Sur. Co. OF Hartford v. Kerr-McGee Chem. Corp.
  875 F.2d 1252· 7th Cir.· 1989-05-05 ·cited 2×
  The court held that the district court did not abuse its discretion in dismissing Aetna's declaratory judgment action under Illinois statute for pending litigation, as the parties and claims were substantially the same and the connection to Illinois was not sufficiently substanti
• Jackson v. Ayne B. Jackson
  542 So. 2d 481· Fla. 2d DCA· 1989-05-05 ·cited 2×
  The court held that the husband's reliance on a mediation/arbitration agreement and the wife's assurances constituted excusable neglect, warranting vacation of the default.
• United States v. Hernandez
  873 F.2d 925· 6th Cir.· 1989-04-28 ·cited 2×·via Abuse Of Discretion Standard For Evidentiary Rulings
  The court held that the district court did not abuse its discretion in admitting testimony regarding the informant's reliability and the defendant's arrest, nor did it commit plain error in allowing premature testimony about the informant's credibility.
• United States v. Brown
  873 F.2d 1265· 9th Cir.· 1989-04-27 ·cited 2×
  The court held that the trial court abused its discretion by admitting evidence of the defendant's prior wrongful acts, as it was not relevant to any material issue in the case and was unduly prejudicial. The court also held that the firearm conviction must be reversed due to the
• Nat'l Labor Relations Bd. v. Joyce W. Corp. & Miami Springs Props., Inc.
  873 F.2d 126· 6th Cir.· 1989-04-26 ·cited 2×
  The court held that the National Labor Relations Board acted within its discretion in issuing a supplemental backpay order, and that the order should be enforced with a minor modification.
• Darel D. Viles v. Ball
  872 F.2d 491· D.C. Cir.· 1989-04-18 ·cited 2×·via Abuse Of Discretion Standard For Discovery Rulings
  The court held that the Board for Correction of Naval Records was lawfully constituted and that the district court did not abuse its discretion in denying further discovery.
• People OF the State OF Ill. v. Peters
  871 F.2d 1336· 7th Cir.· 1989-04-05 ·cited 2×
  The court held that while the district court had jurisdiction to review the denial of the motion to dissolve the injunction and vacate the receivership, the injunction and receivership were overbroad as they extended to assets not connected to the alleged illegal activity.
• Tendrich v. Tendrich
  544 So. 2d 229· Fla. 3d DCA· 1989-04-04 ·cited 2×
  In a dissolution of marriage proceeding, the Florida District Court of Appeal affirmed the trial court's award of temporary alimony and child support but reversed the reduction of attorney's fees, finding the trial court abused its discretion by failing to award the full amount r
• United States v. Dillon
  870 F.2d 1125· 6th Cir.· 1989-03-27 ·cited 2×
  The court held that the district court did not abuse its discretion in admitting evidence of the defendant's flight and in refusing to strike a juror whose husband drove her to court daily, as the juror credibly denied discussing the case.
• In re Donovan v. Donovan
  871 F.2d 807· 9th Cir.· 1989-03-21 ·cited 2×
  The BAP abused its discretion by dismissing the appeal without considering alternative sanctions or the relative culpability of the appellant and counsel.
• Fed. Election Comm'n v. Furgatch
  869 F.2d 1256· 9th Cir.· 1989-03-08 ·cited 2×
  The court held that the district court did not abuse its discretion in assessing a $25,000 civil penalty, but erred in granting a permanent injunction without sufficient findings and specificity.
• Picker Int'l, Inc. v. Varian Assocs., Inc.
  869 F.2d 578· Fed. Cir.· 1989-03-07 ·cited 2×
  The court held that district courts erred by applying a per se rule for disqualification without balancing the detriment to the clients.
• Stevens v. ITT Sys., Inc.
  868 F.2d 1040· 9th Cir.· 1989-02-21 ·cited 2×
  The court held that the district court did not abuse its discretion in denying the motion for relief from judgment because the appellant's counsel failed to exercise the requisite due diligence.